/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240620.mbx C L A S S A C T I O N R E P O R T E R Thursday, June 20, 2024, Vol. 26, No. 124 Headlines ACADEMY BUS: Samuels Sues Over Unpaid Overtime for Bus Drivers ALTERATION GROUP: Martin Sues Over Blind-Inaccessible Website APPRECIATE HOLDINGS: Faces Wuchter Suit Over Unfair de-SPAC Merger AUTOMATED HEALTH: Fails to Properly Pay CSRs, Delk Suit Alleges CELTIC INSURANCE: Sends Unsolicited Telephone Calls, Renfroe Claims CENCORA INC: Moskowitz Sues Over Compromised Info of Patients CHRISTIE'S INC: Fails to Protect Customers' Info, Maroulis Alleges CNO FINANCIAL: Smith Seeks to Null Bylaws' Irrevocable Resignation COINBASE GLOBAL: Sells Unregistered Securities, Carter Suit Claims CORPAY INC: Smith Seeks to Void Bylaws' Irrevocable Resignation D'ANGEL AUTO: Underpays Mechanics and Assistants, Diaz Suit Claims DAVINES NORTH: Fernandez Sues Over Blind's Equal Access to Website DESIGNED RECEIVABLE: Fails to Secure Patients' Info, Woodall Says DICKS SPORTING: Blind Can't Access Online Store, Dalton Suit Says DIRTY TACO: Depaz Seeks Non-Managerial Bartenders' Unpaid Wages DOUBLETAKE LLC: Knowles Sues Over Blind's Equal Access to Website EL CENTRO: Delagarza Sues Over Compromised Info of Patients ELSA LA REYNA: Fails to Pay Minimum & OT Wages, Rosado Claims FAM WILDFOX: Fernandez Seeks Blind's Equal Access to Online Store FUTURE MOTION: Ogan Suit Transferred to N.D. California GENERAL MOTORS: Chicco Suit Transferred to N.D. Georgia GENERAL MOTORS: Reed Suit Transferred to N.D. Ohio GREEN DIAMOND: Calica Suit Removed to C.D. California GUARDANT HEALTH: Howard Sues Over Customers' Compromised Info IRON MOUNTAIN: Davis Files Suit in Cal. Super. Ct. IRON REBEL: Website Inaccessible to Blind, Fernandez Suit Says JPMORGAN CHASE: Intercepts Web Communications, Onn Suit Says JSN NETWORK: Faces Castelli FMLA Suit Over Retaliatory Discharge KAS FOODS: Disabled Seeks Equal Access to Property, Maurer Claims KEENAN & ASSOCIATES: Fails to Secure Consumers' Info, Figueroa Says LEIDOS INC: Fails to Pay Proper OT Wages, Miller Claims LEVI STRAUSS & CO: Dalton Sues Over Blind-Inaccessible Website LIBERTY HOSPITALITY: Faces Nugra Wage-and-Hour Suit in E.D.N.Y. LIVE NATION: Fails to Protect Customers' Info, Moledina Claims LLT MANAGEMENT: Faces Bynum Class Suit in New Jersey LOUIS VUITTON: Moreno Suit Removed to C.D. California MAPLEBEAR INC: Fails to Properly Pay Shoppers, Burns Suit Alleges MEAD JOHNSON: Raya Consumer Suit Removed to N.D. Illinois MEYER CORP: Website Inaccessible to Blind Users, Wahab Claims MORGAN JEWELERS: Fernandez Sues Over Blind-Inaccessible Website NATIONAL DISTRIBUTION: Granados Suit Removed to C.D. California NAVY FEDERAL: Records Calls Without Consent, Paulino Suit Says NOW OPTICS: Faces Marous Suit Over Unsolicited Text Messages ORVIS CO: Fernandez Sues Over Blind-Inaccessible Website PAKSHA INC: Website Inaccessible to Blind Users, Fernandez Says PERMIAN RESOURCES: Conspires to Fix Shale Oil Prices, Castillo Says QUIKTRIP CORP: Sroka Files Suit in Ill. DuPage Cty. RADIUS GLOBAL: Harriel Files FDCPA Suit in S.D. Florida RAILSERVE INC: Silva Suit Removed to N.D. Illinois RENAL TREATMENT: Zito Suit Removed to W.D. Washington RENT-A-CENTER: Flood Files Suit in Philadelphia Ct. of Common Pleas RML HUNTSVILLE: Scott Files TCPA Suit in N.D. Alabama ROBERT MANFRED: Benedict Suit Transferred to S.D. New York ROSENTHAL WINE: Fails to Pay Manual Workers' OT, Nicolas Says SHORE FUNDING: Cardenas Files TCPA Suit in E.D. New York SYNCREON TECH: Bowie Suit Removed to C.D. California SYNCREON TECH: Marshall Suit Removed to C.D. California TRC STAFFING: Edwards Sues Over Unauthorized Personal Info Access TRC STAFFING: Fails to Secure Customers' Info, Mathavongsy Alleges VESTIS CORP: O'Neill Sues to Revoke Bylaws' Irrevocable Resignation YERBA MATE: Figueroa Suit Seeks Unpaid Wages for Drivers ZENWISE LLC: Dietary Supplement's Label "False," Scott Suit Claims ********* ACADEMY BUS: Samuels Sues Over Unpaid Overtime for Bus Drivers -------------------------------------------------------------- NATALINA SAMUELS, on behalf of herself and all others similarly situated, Plaintiff v. ACADEMY BUS LLC, Defendant, Case No. 6:24-cv-01048 (M.D. Fla., June 6, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act. Ms. Samuels was employed by the Defendant as a bus driver on Disney World property in Orange County, Florida since November 2022. Academy Bus LLC is a charter bus company headquartered in Hudson County, New Jersey. [BN] The Plaintiff is represented by: Luis A. Cabassa, Esq. Brandon J. Hill, Esq. Amanda E. Heystek, Esq. WENZEL FENTON CABASSA, P.A. 1110 North Florida Ave., Suite 300 Tampa, FL 33602 Telephone: (813) 224-0431 Facsimile: (813) 229-8712 Email: lcabassa@wfclaw.com bhill@wfclaw.com aheystek@wfclaw.com ALTERATION GROUP: Martin Sues Over Blind-Inaccessible Website ------------------------------------------------------------- DAMIAN MARTIN, on behalf of himself and all others similarly situated, Plaintiff v. ALTERATION GROUP OF NY, LLC, Defendant, Case No. 1:24-cv-03951 (E.D.N.Y., May 31, 2024) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate Defendant's website, www.alterationspecialists.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. The Plaintiff was injured when Plaintiff attempted on May 9, 2024 and again on May 10, 2024 to access Defendant's Website from his home but encountered barriers that denied his full and equal access to Defendant's online content and services. Due to Defendant's failure to build the Website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of getting the information needed regardingthe services offered. The Plaintiff now 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. Alteration Group of NY, LLC owns the website that holds themselves out as a tailoring studio offering tailoring and alteration services.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com APPRECIATE HOLDINGS: Faces Wuchter Suit Over Unfair de-SPAC Merger ------------------------------------------------------------------ MARK J. WUCHTER, individually and on behalf of all other similarly situated stockholders of Appreciate Holdings, Inc. f/k/a PropTech II Investment Corp. v. THOMAS HENNESSY, M. JOSEPH BECK, DANIEL HENNESSY, JACK LEENEY, COURTNEY ROBINSON, GLORIA FU, MARGARET WHELAN, ADAM BLAKE, AND HC PROPTECH PARTNERS II, LLC., Case No. 2024-0596 (Del. Ch., June 3, 2024) is verified class action complaint asserting breaches of fiduciary duty claims arising from PropTech II's merger with RW National Holdings, LLC. The business combination between PropTech II, a special purpose acquisition company ("SPAC"), and RW National, a real estate single family residence ("SFR") services company, to take the latter public was fundamentally unfair to PropTech II's stockholders due to a number of factors. These included numerous disclosure defects, the unfair valuation of RW National and the unfair acquisition price paid for a company that was teetering on bankruptcy. PropTech II, controlled by its Sponsor HC PropTech Partners II and the Sponsor's managing members Thomas Hennessy, Joseph Beck and Daniel Hennessy, blindsided the Plaintiff and PropTech II's public stockholders by withholding crucial information about the target and worse, providing false information about the target, just so that they could get the deal through, the suit alleges. Furthermore, PropTech II's stockholders were deprived of the opportunity to consider the Merger as informed, uncoerced and disinterested shareholders. The will of PropTech II's conflicted sponsors prevailed - warranting the application of the "entire fairness" standard of review. On May 17, 2022, PropTech II announced in a press release that it had entered into an agreement to effect a business combination with RW National. At this point, PropTech II was already running out of time to complete a de-SPAC acquisition. On Oct. 28, 2022, just two weeks before the scheduled vote on the Merger, PropTech II filed its Proxy Statement (and amendments to it) making several misstatement and omissions regarding the prospects of the proposed Merger. On Nov. 18, 2022, PropTech II shareholders approved the Merger, and on Nov. 29, 2022, a mere week-and-a-half before the deadline to complete a de-SPAC acquisition, the Merger closed. Because PropTech II's public stockholders were not fully informed of all material information about RW National, they also exchanged their right to $10 per share - held in a trust for their benefit - for an interest in Appreciate. The Defendants' misrepresentations and concealment regarding RW National included - first, a misrepresentation that RW National was a financially sound company with "a proven revenue model and highly scalable unit economics," when in fact Appreciate did not have enough cash to continue as a going concern beyond the first quarter of 2023; and second, concealment of the that Appreciate was not ready to be a public company because its internal controls were so distressed that it would never be able to file an annual report on a form 10-K. The truth emerged only after the Merger was approved and closed and PropTech II's public stockholders had made their decision to forego their redemption rights, the suit alleges. Mr. Mark J Wuchter was a PropTech II shareholder entitled to vote on the Merger and who has continuously held common stock in Appreciate at all times since the Merger. Defendant Thomas Hennessy served as PropTech II's Chairman of the Board and co-CEO prior to consummation of the Merger.[BN] The Plaintiff is represented by: Russell D. Paul, Esq. Michael Dell'Angelo, Esq. Andrew Abramowitz, Esq. John Timmer, Esq. Radha Raghavan, Esq. BERGER MONTAGUE PC 800 N. West Street, 2nd Floor Wilmington, DE 19801 Telephone: (302) 691-9545 Facsimile: (215) 875-4604 E-mail: rpaul@bm.net mdellangelo@bm.net aabramowitz@bm.net jtimmer@bm.net rraghavan@bm.net - and - Eric Lechtzin, Esq. Marc H. Edelson, Esq. EDELSON LECHTZIN LLP 411 South State Steet, Suite N-300 Newtown, PA 18940 Telephone: (215) 867-2399 Facsimile: (267) 685-0676 E-mail: elechtzin@edelson-law.com medelson@edelson-law.com AUTOMATED HEALTH: Fails to Properly Pay CSRs, Delk Suit Alleges --------------------------------------------------------------- JULIE DELK, on behalf of herself and all others similarly situated, Plaintiff v. AUTOMATED HEALTH SYSTEMS, INC., Defendant, Case No. 2:24-cv-00802 (W.D. Pa., June 3, 2024) is a class action against the Defendant for unpaid overtime wages in violation of the Fair Labor Standards Act and for common law claims of breach of contract and unjust enrichment. The Plaintiff has worked for the Defendant as a customer service representative. Automated Health Systems, Inc. is a national health services management company, headquartered in Pittsburgh, Pennsylvania. [BN] The Plaintiff is represented by: Jonathan K. Cohn, Esq. Maureen Davidson-Welling, Esq. STEMBER COHN & DAVIDSON-WELLING, LLC The Hartley Rose Building 425 First Avenue, 7th Floor Pittsburgh, PA 15219 Telephone: (412) 338-1445 Email: jcohn@stembercohn.com mdw@stembercohn.com - and - Charles R. Ash, IV, Esq. ASH LAW, PLLC 402 W. Liberty Street Ann Arbor, MI 48103 Telephone: (724) 234-5583 Email: cash@nationalwagelaw.com - and - Oscar Rodriguez, Esq. HOOPER HATHAWAY, PC 126 S. Main Street Ann Arbor, MI 48104 Telephone: (734) 662-4426 Email: orod@hooperhathaway.com CELTIC INSURANCE: Sends Unsolicited Telephone Calls, Renfroe Claims ------------------------------------------------------------------- RHONDA RENFROE, on behalf of herself and all others similarly situated, Plaintiff v. CELTIC INSURANCE COMPANY D/B/A ARKANSAS HEALTH & WELLNESS INSURANCE COMPANY, Defendant, Case No. 5:24-cv-05123-TLB (W.D. Ark., June 6, 2024) is a class action against the Defendant for violation of the Telephone Consumer Protection Act. According to the complaint, the Defendant routinely uses an artificial or prerecorded voice in connection with non-emergency calls it places to telephone numbers assigned to a cellular telephone service, without prior express consent. Celtic Insurance Company, doing business as Arkansas Health & Wellness Insurance Company, is a national health insurance company in Arkansas. [BN] The Plaintiff is represented by: Michael L. Greenwald, Esq. James L. Davidson, Esq. GREENWALD DAVIDSON RADBIL PLLC 5550 Glades Road, Suite 500 Boca Raton, FL 33431 Telephone: (561) 826-5477 Email: mgreenwald@gdrlawfirm.com jdavidson@gdrlawfirm.com CENCORA INC: Moskowitz Sues Over Compromised Info of Patients ------------------------------------------------------------- ROBERT MOSKOWITZ, individually and on behalf of all others similarly situated, Plaintiff v. CENCORA, INC. and THE LASH GROUP, LLC, Defendants, Case No. 2:24-cv-02453 (E.D. Pa., June 6, 2024) is a class action against the Defendants for negligence, negligence per se, and declaratory judgment. The case arises from the Defendants' failure to properly secure and safeguard the personally identifiable information and protected health information (PHI) of the Plaintiff and similarly situated individuals stored within their computer systems following a data breach in February 2024. The Defendants 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. Cencora, Inc. is an American drug wholesale company, with its principal place of business located at 1 West First Avenue, Conshohocken, Pennsylvania. The Lash Group LLC is a patient support services company, with a principal place of business located at 1 West First Avenue, Conshohocken, Pennsylvania. [BN] The Plaintiff is represented by: Charles E. Schaffer, Esq. Nicholas J. Elia, Esq. LEVIN SEDRAN & BERMAN, LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 592-4663 Email: cschaffer@lfsblaw.com nelia@lfsblaw.com - and - Brett R. Cohen, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 Email: bcohen@leedsbrownlaw.com CHRISTIE'S INC: Fails to Protect Customers' Info, Maroulis Alleges ------------------------------------------------------------------ EFSTATHIOS MAROULIS, on behalf of himself and all others similarly situated, Plaintiff v. CHRISTIE'S INC., Case No. 1:24-cv-04221 (S.D.N.Y., June 3, 2024) alleges that the Defendant failed to properly secure and safeguard sensitive information of its customers. The information compromised in the Data Breach included the Plaintiff's and Class Members' full names, genders, passport numbers, expiration dates, dates of birth, birth places, MRZs, countries, and document numbers ("personally identifiable information" or "PII"). The PII compromised in the Data Breach was exfiltrated by cyber-criminals and remains in the hands of those cyber-criminals who target PII for its value to identity thieves, the Plaintiff alleges. On May 30, 2024, the Defendant began emailing the Plaintiff and other Data Breach victims a Notice of cyber security incident email. By obtaining, collecting, and using Plaintiff's and Class Members' PII, the Defendant assumed legal and equitable duties and knew or should have known that it was responsible for protecting Plaintiff's and Class Members' PII from disclosure. As a result of the Data Breach, the Plaintiff and approximately 500,000 Class Members, suffered concrete injuries including: (i) invasion of privacy; (ii) theft of their PII; (iii) lost or diminished value of PII; (iv) lost time and opportunity costs associated with attempting to mitigate the actual consequences of the Data Breach; (v) loss of benefit of the bargain; (vi) lost opportunity costs associated with attempting to mitigate the actual consequences of the Data Breach; and (vii) actual misuse of the compromised data consisting of an increase in spam calls, texts, the lawsuit asserts. The Plaintiff and Class Members are current and former customers of the Defendant. Christie's is "a world-leading art and luxury business with a physical presence in 46 countries throughout the Americas, Europe, Middle East, and Asia Pacific."[BN] The Plaintiff is represented by: Vicki J. Maniatis, Esq. David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (212) 594-5300 E-mail: vmaniatis@milberg.com dlietz@milberg.com - and - Bruce W. Steckler, Esq. STECKLER WAYNE & LOVE, PLLC 12720 Hillcrest Road, Suite 1045 Dallas, TX 75230 Telephone: (972) 387-4040 Facsimile: (972) 387-4041 E-mail: bruce@swclaw.com CNO FINANCIAL: Smith Seeks to Null Bylaws' Irrevocable Resignation ------------------------------------------------------------------ RYAN SMITH, on behalf of himself and all other similarly situated stockholders of CNO FINANCIAL GROUP, INC., Plaintiff v. CNO FINANCIAL GROUP, INC., Defendant, Case No. 2024-0606 (Del. Ch., June 4, 2024) is a class action against the Defendant for declaratory judgment. The Plaintiff seeks declaratory relief invalidating the Irrevocable Resignation Requirement of CNO Financial Group's Amended and Restated Bylaws, effective December 13, 2022. 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. CNO Financial Group, Inc. is a provider of life and health insurance, annuities, financial services, and workforce benefits solutions, with its principal executive offices in Indiana. [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. Nathan Abelman, 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 COINBASE GLOBAL: Sells Unregistered Securities, Carter Suit Claims ------------------------------------------------------------------ MOLLIJOY CARTER, BRADLEY BARNES, and ANTONETT FOY, on behalf of themselves and all others similarly situated, Plaintiffs v. COINBASE GLOBAL, INC., COINBASE, INC., COINBASE ASSET MANAGEMENT, LLC, and BRIAN ARMSTRONG, Defendants, Case No. 3:24-cv-03350 (N.D. Cal., June 4, 2024) is a class action against the Defendants for violations of California Corporate Securities Law of 1968, California Unfair Competition Law, Florida Securities and Investor Protection Act, Florida's Civil Remedies for Criminal Practices Act, and Florida's Deceptive and Unfair Trade Practices Act. The case arises from the Defendants' practice of selling unregistered digital asset securities. The Defendants solicited every purchase and sale of digital asset securities by means of general solicitations including those on Coinbase's website and in social media advertising, traditional advertising, and even Super Bowl commercials. Throughout the Class Period, and at all relevant times, the Defendants were soliciting the Plaintiffs and the Class to invest in the digital asset securities that the Defendants offered on their platforms. There is no use-case but investing in the digital asset securities, and no alternative use-case was offered by the Defendants to the Plaintiffs and the Class. In violation of California and Florida state securities laws, the Defendants have promoted, offered, and sold the digital asset securities knowing they had not been registered as required by law. As a result, the Defendants are liable to the Plaintiffs and the Class for the full amount of their damages, says the suit. Coinbase Global, Inc. is a company that operates a cryptocurrency exchange platform. Coinbase, Inc. is a subsidiary of Coinbase Global, Inc. Coinbase Asset Management, LLC is a subsidiary of Coinbase Global, Inc. based in Stamford, Connecticut. [BN] The Plaintiffs are represented by: Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 355 South Grand Avenue, Suite 2450 Los Angeles, CA 90071 Telephone: (213) 785-2610 Facsimile: (213) 226-4684 Email: lrosen@rosenlegal.com CORPAY INC: Smith Seeks to Void Bylaws' Irrevocable Resignation --------------------------------------------------------------- RYAN SMITH, on behalf of himself and all other similarly situated stockholders of CORPAY, INC., Plaintiff v. CORPAY, INC., Defendant, Case No. 2024-0607 (Del. Ch., June 4, 2024) is a class action against the Defendant for declaratory judgment. The Plaintiff seeks declaratory relief invalidating the Irrevocable Resignation Requirement of Corpay's Amended and Restated Bylaws, effective March 24, 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, the suit says. Corpay, Inc. is a financial management services provider, with its principal executive offices in Georgia. [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. Nathan Abelman, 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 D'ANGEL AUTO: Underpays Mechanics and Assistants, Diaz Suit Claims ------------------------------------------------------------------ ROBERTO DIAZ, individually and on behalf of all others similarly situated, Plaintiff v. D'ANGEL AUTO BODY REPAIR, INC. (DBA FLAT FIX TIRES), 149 AUTO BODY REPAIR CORP, and JUAN LANTIGUA, individually, Defendants, Case No. 1:24-cv-04220 (S.D.N.Y., June 3, 2024) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay minimum and overtime wages, failure to provide notice at time of hiring, and failure to furnish accurate wage statements. Mr. Diaz was employed by the Defendants as a mechanic and assistant from approximately March 5, 2023, to February 12, 2024. D'Angel Auto Body Repair, Inc., doing business as Flat Fix Tires, is an automobile repair shop owner and operator based in Bronx, New York. 149 Auto Body Repair Corp is an automobile repair shop owner and operator based in Bronx, New York. [BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12th Floor New York, NY 10004 Telephone: (212) 203-2417 DAVINES NORTH: Fernandez Sues Over Blind's Equal Access to Website ------------------------------------------------------------------ JACQUELINE FERNANDEZ, on behalf of herself and all others similarly situated, Plaintiff v. DAVINES NORTH AMERICA, INC., Defendant, Case No. 1:24-cv-04218 (S.D.N.Y., May 31, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, us.davines.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Davines North America, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com DESIGNED RECEIVABLE: Fails to Secure Patients' Info, Woodall Says ----------------------------------------------------------------- LINDSAY WOODALL, on behalf of herself and all others similarly situated v. DESIGNED RECEIVABLE SOLUTIONS, INC. (DRSI), Case No. 8:24-cv-01185 (C.D. Cal., June 3, 2024) sues the Defendant for its failure to properly secure and safeguard sensitive information of its clients' patients. According to the complaint, the information compromised in the Data Breach included Plaintiff's and Class Members' full names, Social Security numbers, and dates of birth ("personally identifiable information" or "PII") and medical and health insurance information, which is protected health information ("PHI") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). On Jan. 22, 2024, DRSI detected suspicious activity in its network environment. On April 26, 2024, the Defendant began sending the Plaintiff and other Data Breach victims an untitled Notice Letter. The Defendant could have prevented this Data Breach by properly encrypting or otherwise protecting their equipment and computer files containing Private Information. As a result of the Data Breach, the Plaintiff and approximately 498,000 Class Members suffered concrete injuries including: (i) invasion of privacy; (ii) theft of their Private Information; (iii) lost or diminished value of Private Information; (iv) lost time and opportunity costs associated with attempting to mitigate the actual consequences of the Data Breach; (v) loss of benefit of the bargain; and (vi) actual misuse of their Private Information consisting of an increase in spam calls, texts, and/or emails, the suit asserts. Plaintiff Lindsay Woodall is a resident and citizen of Charlotte, North Carolina. The Defendant is a company that provides "cash flow and A/R solutions to healthcare providers."[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 S. Beverly Drive Beverly Hills, CA 90212 Telephone: (917) 471-1894 Facsimile: (858) 209-6941 E-mail: jnelson@milberg.com DICKS SPORTING: Blind Can't Access Online Store, Dalton Suit Says ----------------------------------------------------------------- JULIE DALTON, on behalf of herself and all others similarly situated, Plaintiff v. DICKS SPORTING GOODS INC., Defendant, Case No. 0:24-cv-02083 (D. Minn., June 3, 2024) is a class action against the Defendant for violations of the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA). The case arises from the Defendant's failure to design its website, www.dickssportinggoods.com, to be fully and equally accessible to people who are blind or who have low vision in violation of both the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the ADA and its implementing regulations. In addition, the Plaintiff also asserts a companion cause of action under the MHRA. The Plaintiff seeks a permanent injunction requiring a change in the Defendant's corporate policies to cause its online store to become, and remain, accessible to individuals with visual disabilities. Dicks Sporting Goods Inc. is a sporting goods equipment company headquartered in Coraopolis, Pennsylvania. [BN] The Plaintiff is represented by: Patrick W. Michenfelder, Esq. Chad A. Throndset, Esq. Jason Gustafson, Esq. THRONDSET MICHENFELDER, LLC 80 South 8th Street, Suite 900 Minneapolis, MN 55402 Telephone: (763) 515-6110 Email: pat@throndsetlaw.com chad@throndsetlaw.com jason@throndsetlaw.com DIRTY TACO: Depaz Seeks Non-Managerial Bartenders' Unpaid Wages --------------------------------------------------------------- RAFAEL DEPAZ and GUSTAVO LOPEZ, on behalf of themselves and all others similarly situated, Plaintiffs v. DIRTY TACO & TEQUILA INC. and DT RVC LLC, Defendants, Case No. 2:24-cv-04001 (E.D.N.Y., June 3, 2024) is a class action against the Defendants for violations of the Fair Labor Standards Act, the New York Labor Law, and the Internal Revenue Code including failure to pay overtime wages, failure to furnish proper a wage notice, failure to furnish proper wage statements, and willful filing of a fraudulent information return. The Plaintiffs worked for the Defendants as non-managerial bartenders in or around July 2018. Dirty Taco & Tequila Inc. is a restaurant owner and operator, with its principal place of business located at 3261 Merrick Road, Wantagh, New York. DT RVC LLC is an operator of a restaurant under the name Dirty Taco Rockville, with its principal place of business located at 3261 Merrick Road, Wantagh, New York. [BN] The Plaintiffs are represented by: Jeffrey R. Maguire, Esq. Stevenson Marino LLP 445 Hamilton Avenue, Suite 1500 White Plains, NY 10601 Telephone: (212) 939-7229 DOUBLETAKE LLC: Knowles Sues Over Blind's Equal Access to Website ----------------------------------------------------------------- CARLTON KNOWLES, on behalf of himself and all others similarly situated, Plaintiff v. DOUBLETAKE, LLC, Defendant, Case No. 1:24-cv-04245 (S.D.N.Y., June 4, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.shopdoubletake.com/, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: lack of alternative text (alt-text), empty links that contain no text, redundant links, and linked images missing alt-text, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Doubletake, LLC is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 Email: Michael@Gottlieb.legal Jeffrey@gottlieb.legal Dana@Gottlieb.legal EL CENTRO: Delagarza Sues Over Compromised Info of Patients ----------------------------------------------------------- SERENA DELAGARZA, individually and on behalf of minors JOHN, JAMES, JORDAN, JIM and JANE DOES, RUBEN RAMOS JR., individually and on behalf of minors JILL, JUNE and JOY DOES, ERICA PEREZ, and all others similarly situated, Plaintiffs v. EL CENTRO DEL BARRIO d/b/a CENTROMED, Defendant, Case No. 5:24-cv-00613 (W.D. Tex., June 4, 2024) is a class action against the Defendant for negligence, negligence per se, breach of implied contract, unjust enrichment, breach of fiduciary duty, and violations of the Texas Medical Practice Act and the Texas Hospital Licensing Law. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and protected health information of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach on April 30, 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. El Centro Del Barrio, doing business as CentroMed, is a healthcare company, with its principal place of business at 3750 Commercial Avenue, San Antonio, Texas. [BN] The Plaintiffs are represented by: Bruce W. Steckler, Esq. Paul D. Stickney, Esq. STECKLER WAYNE & LOVE PLLC 12720 Hillcrest Road, Suite 1045 Dallas, TX 75230 Telephone: (972) 387-4040 Facsimile: (972) 387-4041 E-mail: bruce@swclaw.com judgestick@gmail.com - and - David S. Almeida, Esq. Elena A. Belov, Esq. ALMEIDA LAW GROUP LLC 849 W. Webster Ave. Chicago, IL 60614 Telephone: (312) 576-3024 Email: david@almeidalawgroup.com elena@almeidalawgroup.com britany@almeidalawgroup.com ELSA LA REYNA: Fails to Pay Minimum & OT Wages, Rosado Claims ------------------------------------------------------------- YUNELI ROSADO v. ELSA LA REYNA DEL CHICHARRON INC. and VICTOR RODRIGUEZ, individually, Case No. 1:24-cv-04212 (S.D.N.Y., June 3, 2024) is a class action seeking to recover unpaid minimum wage and overtime wage compensation under the Fair Labor Standards Act and the New York Labor Law. The suit alleges that the Defendants only compensated the Plaintiff at an approximate rate of $12 per hour and failed to pay her the lawful overtime pay for the period from May 2022 until May 25, 2024, during which she worked significantly more than 40 hours per workweek. The Defendants also consistently implemented policies and practices that forced the Plaintiff and other employees to work without offering the necessary minimum wage and overtime pay stipulated by both federal and state laws, the suit says. The Plaintiff also brings this action under the Wage Theft Prevention Act for Defendants' failure to provide written notice of wage rates in violation of said laws. Accordingly, the Plaintiff seeks compensatory damages, liquidated damages, spread of hours pay, pre-judgment and post-judgment interest, and attorneys' fees and costs, pursuant to the FLSA and NYLL. The Plaintiff further seeks certification of this action as an individual action on behalf of herself, individually pursuant to 29 U.S.C. section 216(b). Plaintiff Rosado was employed from May 2022 until May 25, 2024 without interruption by the Defendants at their 1249 Saint Nicholas Ave, New York, NY 10032 facility. The Plaintiff was a cashier, and was also responsible for food preparation. Elsa is a cozy eatery in New York, known for its authentic Latin American cuisine.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12t Floor New York, NY 10004 Telephone: (212) 203-2417 E-mail: www.StillmanLegalPC.com FAM WILDFOX: Fernandez Seeks Blind's Equal Access to Online Store ----------------------------------------------------------------- JACQUELINE FERNANDEZ, on behalf of herself and all others similarly situated, Plaintiff v. FAM WILDFOX, INC., Defendant, Case No. 1:24-cv-04211 (S.D.N.Y., June 3, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act and the New York City Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.wildfox.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alternative text (alt-text), hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Fam Wildfox, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com FUTURE MOTION: Ogan Suit Transferred to N.D. California ------------------------------------------------------- The case styled as Bobby Ogan, individually and on behalf of all others similarly situated v. Future Motion, Inc., Case No. 7:23-cv-01479 was transferred from the U.S. District Court for the Eastern District of North Carolina, to the U.S. District Court for the Northern District of California on June 10, 2024. The District Court Clerk assigned Case No. 5:24-cv-03466-BLF to the proceeding. The nature of suit is stated as Personal Inj. Prod. Liability. Future Motion -- https://futuremotion.com/ -- is a manufacturing company that designs and manufactures self-balancing electric skateboard.[BN] The Plaintiff is represented by: Blake G. Abbott, Esq. COPELAND STAIR VALZ & LOVELL, LLP 40 Calhoun Street, Suite 400 Charleston, SC 29401 Phone: (843) 727-0307 Email: babbott@csvl.law The Defendant is represented by: Christopher A. Page, Esq. Matthew Burke, Esq. YOUNG MOORE AND HENDERSON 3101 Glenwood Ave., Suite 200 Raleigh, NC 27612 Phone: (919) 861-5502 Fax: (919) 782-6753 Email: chris.page@youngmoorelaw.com matthew.burke@youngmoorelaw.com GENERAL MOTORS: Chicco Suit Transferred to N.D. Georgia ------------------------------------------------------- The case styled as Romeo Chicco, individually and on behalf of all others similarly situated v. General Motors LLC, Onstar LLC, LexisNexis Risk Solutions Inc., Case No. 9:24-cv-80281 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Northern District of Georgia on June 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-02518-TWT to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. General Motors Company -- https://www.gm.com/ -- is an American multinational automotive manufacturing company headquartered in Detroit, Michigan.[BN] The Plaintiff is represented by: Mohammad Kazerouni, Esq. Kazerouni Law Group, APC 245 Fischer Ave., Suite D1 Costa Mesa, CA 92626 Phone: (800) 400-6808 - and - Ryan L. McBride, Esq. KAZEROUNI LAW GROUP, APC 2221 Camino Del Rio S., Ste. 101 San Diego, CA 92108 Phone: (800) 400-6808 Email: ryan@kazlg.com The Defendants are represented by: Ross E. Linzer, Esq. KING & SPALDING Southeast Financial Center 200 S. Biscayne Boulevard, Suite 4700 Miami, FL 33131 Phone: (305) 462-6029 - and - Susan M. Clare, Esq. KING & SPALDING, LLP-ATL 40 1180 Peachtree Street NE, Suite 1600 Atlanta, GA 30309-3521 Phone: (404) 572-3556 Fax: (404) 572-5100 Email: sclare@kslaw.com - and - Andrew D. Atkins, Esq. TROUTMAN PEPPER HAMILTON SANDERS, LLP 301 S. College Street, 34th Floor Charlotte, NC 28202 Phone: (704) 916-1504 - and - Hanna B. Rubin, Esq. JONES FOSTER, P.A. 505 South Flagler Dr., Suite 1100 West Palm Beach, FL 33401 Phone: (561) 659-3000 - and - Roberto Vargas, Esq. JONES FOSTER, P.A. 505 South Flagler Dr., Suite 1100 West Palm Beach, FL 33401 Phone: (561) 659-3000 - and - Ronald I. Raether, Jr., Esq. TROUTMAN SANDERS LLP-I. CA 5 Park Plaza, Suite 1400 Irvine, CA 92614 Phone: (949) 622-2722 Fax: (949) 622-2739 Email: ron.raether@troutman.com GENERAL MOTORS: Reed Suit Transferred to N.D. Ohio -------------------------------------------------- The case styled as Larry Reed and Darnell McCoy, Sr., on behalf of themselves and all individuals similarly situated v. GENERAL MOTORS LLC and ONSTAR, LLC, Case No. 2:24-cv-10804 was transferred from the U.S. District Court for the Eastern District of Michigan, to the U.S. District Court for the Northern District of Georgia on June 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-02516-TWT to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. General Motors -- https://www.gm.com/ -- is an American multinational automotive manufacturing company headquartered in Detroit, Michigan.[BN] The Plaintiffs are represented by: James L. Ward, Jr., Esq. MCGOWAN HOOD AND FELDER (MT PL) 10 Shem Drive, Suite 300 Mount Pleasant, SC 29464 Phone: (843) 388-7202 Fax: (843) 388-3194 The Defendants are represented by: H. Sam Mabry, III, Esq. HAYNSWORTH SINKLER BOYD PO Box 2048 Greenville, SC 29602 Phone: (864) 240-3200 Fax: (864) 240-3300 GREEN DIAMOND: Calica Suit Removed to C.D. California ----------------------------------------------------- The case styled as Vincelle Calica and Raymond Calica, individually and on behalf of all others similarly situated v. GREEN DIAMOND RESOURCE COMPANY, Case No. 24-2-10471-2 was removed from the Superior Court of Washington for King County, to the United States District Court for the Western District of Washington on June 3, 2024, and assigned Case No. 2:24-cv-00775. The Plaintiffs allege that Green Diamond suffered a cyberattack that affected certain of Green Diamond's computer systems, and that some of its data was accessed by an unauthorized third party in June 2023. The Plaintiffs further alleged that the cybercriminals exfiltrated "private information belonging to Plaintiffs and Class members."), the Plaintiffs allege that they and the Class members "are likely to suffer economic loss and other actual harm for which they are entitled to damages." Based on these allegations, Plaintiffs assert two causes of action against Green Diamond: negligence; and violation of the Washington Consumer Protection Act.[BN] The Defendants are represented by: Paul G. Karlsgodt, Esq. BAKER & HOSTETLER LLP 1801 California Street, Suite 4400 Denver, CO 80202 Phone: 303.764.4013 Fax: 303.861.7805 Email: PKarlsgodt@bakerlaw.com GUARDANT HEALTH: Howard Sues Over Customers' Compromised Info ------------------------------------------------------------- PAUL HOWARD, individually and on behalf of all others similarly situated, Plaintiff v. GUARDANT HEALTH, INC., Defendant, Case No. 3:24-cv-03317 (N.D. Cal., June 3, 2024) is a class action against the Defendant for negligence, negligence per se, unjust enrichment, invasion of privacy, and violations of the New York General Business Law and the California Consumer Legal Remedies Act. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) and protected health information (PHI) of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach on or around October of 2020. 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. Guardant Health, Inc. is a biotechnology company headquartered in Palo Alto, California. [BN] The Plaintiff is represented by: Daniel J. Muller, Esq. VENTURA HERSEY & MULLER, LLP 1506 Hamilton Avenue San Jose, CA 95125 Telephone: (408) 512-3022 Facsimile: (408) 512-3023 Email: dmuller@venturahersey.com - and - Daniel O. Herrera, Esq. Nickolas J. Hagman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 S. LaSalle, Suite 3210 Chicago, IL 60603 Telephone: (312) 782-4880 Facsimile: (312) 782-4485 Email: dherrera@caffertyclobes.com nhagman@caffertyclobes.com IRON MOUNTAIN: Davis Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against Iron Mountain Incorporated, et al. The case is styled as Dennis Deshawn Davis, an individual, on behalf of himself and others similarly situated v. IRON MOUNTAIN INCORPORATED, EDWIN ROMERO ASCENCIO, AN INDIVIDUAL, DOES 1 THROUGH 100, INCLUSIVE, Case No. CGC24615258 (Cal. Super. Ct., San Francisco Cty., June 6, 2024). The case type is stated as "Other Non-Exempt Complaints." Iron Mountain Inc. -- https://www.ironmountain.com/ -- is an American enterprise information management services company founded in 1951 and headquartered in Boston, Massachusetts.[BN] The Plaintiff is represented by: David D. Bibiyan, Esq. BIBIYAN LAW GROUP PC 1460 Westwood Boulevard Los Angeles, CA 90024 Beverly Hills, CA 90211-3243 Phone: 310-438-5555 Email: david@tomorrowlaw.com IRON REBEL: Website Inaccessible to Blind, Fernandez Suit Says -------------------------------------------------------------- JACQUELINE FERNANDEZ, on behalf of herself and all others similarly situated, v. IRON REBEL, INC., Case No. 1:24-cv-04213 (S.D.N.Y., June 3, 2024) sues the Defendant for its failure to design, construct, maintain, and operate Defendant's website, www.ironrebel.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, under the Americans with Disabilities Act. The Plaintiff was allegedly injured when the Plaintiff attempted multiple times, most recently on Jan. 17, 2024 to access Defendant's Website from the Plaintiff's home in an effort to shop for Defendant's products. Specifically, the Plaintiff wanted to purchase a sports bra. The Website contains access barriers that prevent free and full use by the Plaintiff using keyboards and screen-reading software. These barriers include: missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Defendant's denial of full and equal access to and enjoyment of the goods, benefits, and services of the Website, has caused the Plaintiff to suffer an injury in fact due to Plaintiff's inability to purchase a sports bra, which is a concrete and particularized injury, and is a direct result of the Defendant's conduct, the Plaintiff asserts. Despite this direct harm and frustration, the Plaintiff intends to attempt to access the Website in the future to purchase products and services the Website offers, and more specifically a sports bra, if remedied. 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. Ms. Fernandez is a visually-impaired and legally blind person, who cannot use a computer without the assistance of screen-reading software. She is, however, a proficient NVDA screen-reader user and uses it to access the Internet. The Defendant offers premium quality fitness wear that is suitable for both gym and casual wear.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com JPMORGAN CHASE: Intercepts Web Communications, Onn Suit Says ------------------------------------------------------------ DANIEL ONN, individually and on behalf of all others similarly situated, Plaintiff v. JPMORGAN CHASE BANK, N.A., Defendant, Case No. 1:24-cv-04191 (S.D.N.Y., May 31, 2024) is a class action lawsuit brought on behalf of the Plaintiff and all California residents who applied for a credit card on the Defendant's website chase.com and had their application rejected in violation of the California Invasion of Privacy Act. According to the complaint, the Plaintiff applied for a Chase credit card on chase.com. As part of the application on the Website, the Plaintiff provided Defendant with multiple pieces of sensitive information, including but not limited to his social security number and his total gross annual income. The Defendant used the Facebook Tracking Pixel on the Website to send all of this information to Meta without Plaintiff's knowledge, consent, or express written authorization. By failing to receive the requisite consent, Defendant breached its duties of confidentiality and unlawfully disclosed Plaintiff's personally identifiable information and protected financial information, says the suit. JPMorgan Chase Bank, N.A. is a national bank with its principal place of business located in New York.[BN] The Plaintiff is represented by: Joshua D. Arisohn, Esq. Philip L. Fraietta, Esq. Alec M. Leslie, Esq. BURSOR & FISHER, P.A. 1330 Avenue of the Americas, 32nd Fl. New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: jarisohn@bursor.com pfraietta@bursor.com aleslie@bursor.com JSN NETWORK: Faces Castelli FMLA Suit Over Retaliatory Discharge ---------------------------------------------------------------- BRIANNA CASTELLI, on behalf of herself and all others similarly situated, Plaintiff v. JSN NETWORK, INC. and MCHENRY DONUTS, INC. D/B/A DUNKIN' DONUTS AND BASKIN ROBBINS, Defendants, Case No. 1:24-cv-04574 (N.D. Ill, June 3, 2024) is a class action against the Defendant for retaliatory discharge or punitive damages and violations of the Family and Medical Leave Act and Illinois Family Bereavement Act. The case arises from the Defendants' discharge of the Plaintiff because she requested unpaid time off to care for her autistic child and also 10 working days off to address the death of her father. Ms. Castelli's discharge interfered with her FMLA rights, 401(k) rights, paid time off rights, bereavement rights, and was in retaliation for her attempt to exercise her rights. JSN Network, Inc. is a restaurant owner and operator based in Lake Zurich, Illinois. McHenry Donuts, Inc., doing business as Dunkin' Donuts, is a restaurant owner and operator based in McHenry, Illinois. [BN] The Plaintiff is represented by: Kent D. Sinson, Esq. SINSON LAW GROUP 100 N. LaSalle Street, Suite 1100 Chicago, IL 60602 Telephone: (312) 332-2107 Facsimile: (312) 332-4508 Email: kent@sinsonlawgroup.com KAS FOODS: Disabled Seeks Equal Access to Property, Maurer Claims ----------------------------------------------------------------- DENNIS MAURER, on behalf of himself and all others similarly situated, Plaintiff v. KAS FOODS, LLC, Defendant, Case No. 3:24-cv-06757 (D.N.J., June 6, 2024) is a class action against the Defendant for violation of the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination. According to the complaint, the Defendant has discriminated against the Plaintiff, and other similarly situated mobility impaired persons, by denying access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of its property, as prohibited by the ADA. The Defendant's property has architectural barriers in parking and exterior accessible route, access to goods and services, and restrooms. As a result of the aforementioned discrimination through repeated exposure to architectural barriers and other harmful conditions, the Plaintiff has sustained bodily injury in the form of emotional distress, mental anguish, dignitary harm, and humiliation, says the suit. KAS Foods, LLC is a fast-food restaurant company in Freehold, New Jersey. [BN] The Plaintiff is represented by: Jon G. Shadinger Jr., Esq. SHADINGER LAW, LLC 717 E. Elmer Street, Suite 7 Vineland, NJ 08360 Telephone: (609) 319-5399 Email: js@shadingerlaw.com KEENAN & ASSOCIATES: Fails to Secure Consumers' Info, Figueroa Says ------------------------------------------------------------------- DIEGO FIGUEROA, individually and on behalf of all others similarly situated v. KEENAN & ASSOCIATES, Case No. 2:24-cv-04638 (C.D. Cal., June 3, 2024) is a data breach class action arising out of the Defendant's failure to implement and maintain reasonable security practices to protect consumers' sensitive personal information. Between Aug. 21, 2023 and Aug. 27, 2023, an unauthorized third party accessed Defendant's system and exfiltrated the Plaintiff's and the Class members' PII, including their names, Social Security numbers, driver's license numbers, dates of birth, passport number, health insurance information, and general health information. The Defendant's "Notice of Data Breach" letter sent to the Plaintiff and other affected individuals on Jan. 26, 2024, was misleading and inadequate and did not provide great detail regarding how the Data Breach occurred. Furthermore, the Defendant's letter failed to indicate whether any information accessed and/or exfiltrated by the unauthorized person was recovered. As a result of the Data Breach, the Plaintiff has suffered invasion of privacy and emotional distress, including anxiety, concern, and uneasiness about unauthorized parties viewing and potentially using his personal information, as well as unease about the Defendant having additional data breaches or otherwise disclosing his personal information in the future, says the suit. In addition to the Plaintiff suffering actual injury from lost time, invasion of privacy, the Plaintiff also suffers the imminent and continuing injury arising from the heightened risk of fraud and identity theft due to the Data Breach, the suit asserts. Plaintiff Diego Figueroa is a resident of Santa Clara County, California. Keenan is a privately held insurance consulting and brokerage firm.[BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. Mona Amini, Esq. KAZEROUNI LAW GROUP, APC 245 Fischer Avenue, Unit D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 LEIDOS INC: Fails to Pay Proper OT Wages, Miller Claims ------------------------------------------------------- ANDUJAR MILLER and RASOUL NICHOLSON, individually and for others similarly situated, Plaintiffs, v. LEIDOS, INC., Defendant, Case No. 1:24-cv-00931 (E.D. Va., May 31, 2024) alleges that the Defendant uniformly misclassifies Plaintiffs and its other straight time employees as independent contractors to avoid paying them overtime in violation of the Fair Labor Standards Act. The complaint asserts that the Defendant's scheme violates the FLSA by depriving Plaintiffs and the other straight time employees of the "time and a half" overtime premium they are owed for hours worked in excess of 40 in a workweek. Plaintiffs Miller and Nicholson worked for Leidos as a Deployment Trainer from approximately June 2020 until December 2023 and as a Training Specialist II from approximately March 2022 until December 2023, respectively. Leidos, Inc. provides government support, holding contracts for civilian and defense agencies, including acquisition, delivery, and quantity agreements.[BN] The Plaintiffs are represented by: Harris D. Butler, III, Esq. 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 E-mail: harris@butlercurwood.com craig@butlercurwood.com zev@butlercurwood.com samantha@butlercurwood.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 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 LEVI STRAUSS & CO: Dalton Sues Over Blind-Inaccessible Website -------------------------------------------------------------- Julie Dalton, individually and on behalf of all others similarly situated v. Levi Strauss & Co., Case No. 0:24-cv-02224-ECT-LIB (D. Minn., June 10, 2024), is brought arising because Defendant's Website (www.levi.com) (the "Website" or "Defendant's Website") is not fully and equally accessible to people who are blind or who have low vision in violation of both the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the Americans with Disabilities Act (the "ADA") and its implementing regulations. The Defendant owns, operates, and/or controls its Website and is responsible for the policies, practices, and procedures concerning the Website's development and maintenance. As a consequence of her experience visiting Defendant's Website, including in the past year, and from investigation performed on her behalf, Plaintiff found Defendant's Website has a number of digital barriers that deny screen-reader users like Plaintiff full and equal access to important Website content--Defendant makes available to its sighted Website users. Still, Plaintiff would like to, intends to, and will attempt to access Defendant's Website in the future to browse, research, or shop online and purchase the products and services that Defendant offers. The Defendant's policies regarding the maintenance and operation of its Website fail to ensure its Website is fully accessible to, and independently usable by, individuals with vision-related disabilities. The Plaintiff and the putative class have been, and in the absence of injunctive relief will continue to be, injured, and discriminated against by Defendant's failure to provide its online Website content and services in a manner that is compatible with screen reader technology, says the complaint. The Plaintiff is and has been legally blind. The Defendant owns, operates, and/or controls its Website and is responsible for the policies, practices, and procedures concerning the Website's development and maintenance.[BN] The Plaintiff is represented by: Patrick W. Michenfelder, Esq. Chad A. Throndset, Esq. Jason Gustafson, Esq. THRONDSET MICHENFELDER, LLC Jason Gustafson (#0403297) 222 South Ninth Street, Suite 1600 Minneapolis, MN 55402 Phone: (763) 515-6110 Email: pat@throndsetlaw.com chad@throndsetlaw.com jason@throndsetlaw.com LIBERTY HOSPITALITY: Faces Nugra Wage-and-Hour Suit in E.D.N.Y. --------------------------------------------------------------- JOSE NUGRA, Plaintiff v. LIBERTY HOSPITALITY LLC (DBA VAN DYCK HOTEL & SUITES - HILLSIDE HOTEL QUEENS) and ARVINDER SINGH, individually, Defendants, Case No. 1:24-cv-03969 (E.D.N.Y., June 2, 2024) is brought against the Defendants pursuant to the Fair Labor Standards Act, the New York Labor Law, as recently amended by the Wage Theft Prevention Act, and related provisions from Title 12 of New York Codes, Rules, and Regulations. The Plaintiff alleges the Defendants' willful failure to pay applicable overtime wages, failure to satisfy the FLSA's recordkeeping requirements, failure to provide notice at time of hiring, and failure to provide accurate wage statements. Plaintiff Nugra was employed by the Defendants from approximately January 2018 until his termination on May 24, 2024, where his primary duties included working as a handyman, repairing, and maintaining the facilities. Liberty Hospitality LLC is engaged in the hospitality industry with principal places of business in Queens, New York.[BN] The Plaintiff is represented by: Lina Stillman, Esq. STILLMAN LEGAL, P.C. 42 Broadway, 12t Floor New York, NY 10004 Telephone: (212) 203-2417 LIVE NATION: Fails to Protect Customers' Info, Moledina Claims -------------------------------------------------------------- FAISAL MOLEDINA, individually and on behalf of all others similarly situated, Plaintiff v. LIVE NATION ENTERTAINMENT, INC.; and TICKETMASTER L.L.C., Defendants, Case No. 2:24-cv-04631 (C.D. Cal., June 3, 2024) is a class action against the Defendants for negligence, negligence per se, breach of contract, breach of implied contract, breach of fiduciary duty, unjust enrichment, declaratory and injunctive relief, and violations of the California Unfair Competition Law, the California Consumer Legal Remedies Act, and the California Consumer Privacy Act. The case arises from the Defendants' failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiff and similarly situated individuals stored within their computer systems following a data breach. As a result of the Defendants' failure to implement reasonable measures to prevent the data breach, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties. Live Nation Entertainment, Inc. is an American multinational entertainment company, headquartered in Beverly Hills, California. Ticketmaster LLC is a ticket distribution company, headquartered in Beverly Hills, California. [BN] The Plaintiff is represented by: Abbas Kazerounian, Esq. Mona Amini, Esq. 245 Fischer Avenue, Suite D1 Costa Mesa, CA 92626 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 Email: ak@kazlg.com mona@kazlg.com - and - Daniel S. Robinson, Esq. Michael W. Olson, Esq. ROBINSON CALCAGNIE, INC. 19 Corporate Plaza Drive Newport Beach, CA Telephone: (949) 720-1288 Facsimile: (949) 720-1292 Email: drobinson@robinsonfirm.com molson@robinsonfirm.com LLT MANAGEMENT: Faces Bynum Class Suit in New Jersey ---------------------------------------------------- Plaintiffs who are at increased risk of ovarian cancer due to long-term use of Johnson & Johnson's Baby Powder have filed a class action lawsuit in New Jersey federal court seeking to hold Johnson & Johnson and a number of corporate subsidiaries and executives responsible for future liability and to establish a court-supervised system to monitor the ongoing health condition of talcum powder users. The proposed class action alleges that the defendants had knowledge of the presence of asbestos and other carcinogenic substances in the company's talcum powder products, including the Johnson's Baby Powder and Shower to Shower brands, but chose to suppress that evidence and failed to inform the public about the health risks. "It is an unconscionable tragedy that this company deliberately chose to deny and conceal evidence of the risks of talc and insist through its marketing that women can safely use the products," says Leigh O'Dell of the Beasley Allen Law Firm. The motion requests compensatory and punitive damages, as well as the establishment of a medical monitoring program to support the early detection of the disease, which affects an estimated 20,000 women annually in the United States. "By pursuing this class action, we intend to ensure that J&J cannot abandon its responsibility, not only to women who currently suffer from ovarian cancer due to talc, but also to all of those future victims who are at increased risk because of the dangerous constituent ingredients -- including asbestos -- that have been present in talc for more than 50 years," says Andy Birchfield of Beasley Allen. J&J recently announced the pursuit of a prepackaged bankruptcy plan to shed responsibility for talc claims in an unspecified federal court in Texas. Two previous bankruptcy filings by the company have been denied by the courts in New Jersey, where J&J is headquartered. "The inadequate funding of this bankruptcy ploy doesn't realistically address the needs of women who could develop ovarian cancer in the future because of past baby powder use," says Chris Tisi of Levin Papantonio Rafferty. "A key objective of this complaint is to protect those women." In another class action, brought by a separate group of plaintiffs in the same court, plaintiffs filed a motion for a temporary restraining order and argued that the company's actions, including the proposed third bankruptcy filing, are designed to delay justice and reduce the funds available to compensate victims. Those claims highlight the broader concerns expressed by legislators and legal experts about the use of bankruptcy protections by financially solvent companies to evade legal responsibilities for tort claims. Also outlined in the filing is a timeline covering more than 20 years of J&J's deliberations about eliminating talc from the company's products and transitioning to cornstarch as the primary ingredient. According to the most recent lawsuit, the company abandoned that strategy. On May 19, 2020, J&J announced that it would stop the sale of all talc-based products in the United States and Canada. Two years later, the company announced the worldwide discontinuation of sale of all talc-based products by 2023. In addition, the filing summarizes the scientific evidence supporting an association between talc and ovarian cancer, findings which were first published in the medical literature in 1971. Since the first epidemiologic study on talc powder use in the female genital area was published in 1982, dozens of other scientific studies have shown an elevated risk for ovarian cancer associated with genital talc use in women, as well as biologically plausible explanations as to how genital talc use can cause ovarian cancer. The plaintiffs in the proposed class action are represented by a coalition of law firms, including Anapol Weiss, Levin Papantonio Rafferty Proctor Buchanan O'Brien Barr Mougey, Beasley Allen Crow Methvin Portis & Miles, Ashcraft & Gerel, Burns Charest LLP, and Levin Sedran & Berman LLP. The motion is filed as Joni S. Bynum, et al. v LLT Management LLC et al., No. 3:24-cv-07065 in the United States District Court for the District of New Jersey. About LTL Management LTL Management, LLC is a subsidiary of Johnson & Johnson (J&J), which was formed to manage and defend thousands of talc-related claims and oversee the operations of Royalty A&M. Royalty A&M owns a portfolio of royalty revenue streams, including royalty revenue streams based on third-party sales of LACTAID, MYLANTA/MYLICON and ROGAINE products. LTL Management filed a petition for Chapter 11 protection (Bankr. W.D.N.C. Case No. 21-30589) on Oct. 14, 2021. The case was transferred to New Jersey (Bankr. D.N.J. Case No. 21-30589) on Nov. 16, 2021. The Hon. Michael B. Kaplan is the case judge. At the time of the filing, the Debtor was estimated to have $1 billion to $10 billion in both assets and liabilities. On January 30, 2023, a panel of the Third Circuit issued an opinion dismissing the 2021 Chapter 11 Case on the basis that it was not filed in good faith. Although the Third Circuit panel recognized that the Debtor "inherited massive liabilities" and faced "thousands" of future claims, it concluded that the Debtor was not in financial distress before the filing. On March 22, 2023, the Third Circuit entered an order denying the Debtor's petition for rehearing. The Third Circuit entered an order denying LTL's stay motion on March 31, 2023, and, on the dame day, issued its mandate directing the Bankruptcy Court to dismiss the 2021 Chapter 11 Case. The Bankruptcy Court entered an order dismissing the 2021 Case on April 4, 2023. Johnson & Johnson on April 4, 2023, announced that its subsidiary LTL Management LLC (LTL) has re-filed for voluntary Chapter 11 bankruptcy protection (Bankr. D.N.J. Case No. 23-12825) to obtain approval of a reorganization plan that will equitably and efficiently resolve all claims arising from cosmetic talc litigation against the Company and its affiliates in North America. In the new filing, J&J said it has agreed to contribute up to a present value of $8.9 billion, payable over 25 years, to resolve all the current and future talc claims, which is an increase of $6.9 billion over the $2 billion previously committed in connection with LTL's initial bankruptcy filing in October 2021. LTL also has secured commitments from over 60,000 current claimants to support a global resolution on these terms. 3rd Try In May 2024, J&J announced its subsidiary LLT Management LLC is soliciting support for a consensual prepackaged bankruptcy plan to resolve its talc-related liabilities. Under the terms of the plan, a trust would be funded with over $5.4 billion in the first three years and more than $8 billion over the course of 25 years, which J&J calculates to have a net present value of $6.475 billion. Claimants must cast their vote to accept or reject the Plan by 4:00 p.m. (Central Time) on July 26, 2024. A solicitation package may be requested at www.OfficialTalcClaims.com or by calling 1-888-431-4056. If the Plan is accepted by at least 75% of voters, a bankruptcy may be filed under the case name In re: Red River Talc LLC in a bankruptcy court in Texas or in the bankruptcy court of another jurisdiction. Epiq Corporate Restructuring, LLC is serving as balloting and solicitation agent for LLT Management LLC. LOUIS VUITTON: Moreno Suit Removed to C.D. California ----------------------------------------------------- The case styled as Sara Moreno, on behalf of herself and all similarly situated aggrieved employees v. LOUIS VUITTON U.S. MANUFACTURING, INC.; and DOES 1 through 100, inclusive, Case No. 24STCV10019 was removed from the Superior Court for the State of California in and for the County of Los Angeles, to the United States District Court for the Central District of California on June 10, 2024, and assigned Case No. 2:24-cv-04893. The Plaintiff's putative class action involves claims alleged under California law against LVUSM for alleged failure to pay for all hours worked, including minimum wage and overtime hours (First Cause of Action, Second Cause of Action); failure to provide meal periods or meal period premiums (Third Cause of Action); failure to provide rest periods or rest period premiums (Fourth Cause of Action); failure to timely pay wages upon termination of employment (Fifth Cause of Action); failure to provide legally compliant wage statements (Sixth Cause of Action); failure to timely permit employees to inspect or copy their personnel records (Seventh Cause of Action, Eighth Cause of Action); failure to reimburse necessary business-related expenses (Ninth Cause of Action); unfair competition (Tenth Cause of Action).[BN] The Defendants are represented by: Christina T. Tellado, Esq. Mary Vu, Esq. HOLLAND & KNIGHT LLP 400 South Hope Street, 8th Floor Los Angeles, CA 90071 Phone: 213.896.2400 Fax: 213.896.2450 Email: christina.tellado@hklaw.com mary.vu@hklaw.com MAPLEBEAR INC: Fails to Properly Pay Shoppers, Burns Suit Alleges ----------------------------------------------------------------- RYAN BURNS, on behalf of himself and all others similarly situated, Plaintiff v. MAPLEBEAR INC. d/b/a INSTACART, Defendant, Case No. 1:24-cv-04618 (N.D. Ill., June 4, 2024) is a class action against the Defendant for violations of the Fair Labor Standards Act and the Illinois Minimum Wage Law including failure to pay minimum wages, failure to pay overtime wages, failure to reimburse expenses, and failure to pay promised wages. Mr. Burns worked for the Defendant as a full-service shopper from January 2, 2023 to March 2024. Maplebear, Inc., doing business as Instacart, is a delivery service company, with its headquarters in San Francisco, California. [BN] The Plaintiff is represented by: Bradley Manewith, Esq. LICHTEN & LISS-RIORDAN, P.C. 5 Revere Drive, Suite 200 Northbrook, IL 60062 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 Email: bmanewith@llrlaw.com - and - Shannon Liss-Riordan, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Ste. 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 Email: sliss@llrlaw.com MEAD JOHNSON: Raya Consumer Suit Removed to N.D. Illinois --------------------------------------------------------- The case styled BIANCA RAYA, individually and on behalf of all others similarly situated v. MEAD JOHNSON NUTRITION COMPANY, et al., Case No. 2024CV04116, was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the U.S. District Court for the Northern District of Illinois on June 6, 2024. The Clerk of Court for the Northern District of Illinois assigned Case No. 1:24-cv-04696 to the proceeding. The Plaintiff alleges that the Defendants violated the Illinois Consumer Fraud and Deceptive Business Practices Act and breached common law duties by failing to disclose that Mead Johnson infant formula products contain heavy metals. Mead Johnson Nutrition Company is a manufacturer of infant formula products based in Chicago, Illinois. [BN] The Defendants are represented by: Jennifer L. Mesko, Esq. Michael J. Ruttinger, Esq. Ethan W. Weber, Esq. TUCKER ELLIS LLP 950 Main Avenue, Suite 1100 Cleveland, OH 44113 Telephone: (216) 592-5000 Facsimile: (216) 592-5009 Email: jennifer.mesko@tuckerellis.com michael.ruttinger@tuckerellis.com ethan.weber@tuckerellis.com - and - James W. Mizgala, Esq. Connor J. Doughty, Esq. TUCKER ELLIS LLP 233 South Wacker Drive, Suite 6950 Chicago, IL 60606 Telephone: (312) 624-6300 Facsimile: (312) 624-6309 Email: james.mizgala@tuckerellis.com connor.doughty@tuckerellis.com MEYER CORP: Website Inaccessible to Blind Users, Wahab Claims ------------------------------------------------------------- ANGELA WAHAB, on behalf of herself and all others similarly situated, Plaintiff v. MEYER CORPORATION, U.S., Defendant, Case No. 1:24-cv-04188 (S.D.N.Y., May 31, 2024) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate its website, www.faberwarecookware.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York City Human Rights Law. The Plaintiff was injured when she attempted multiple times, most recently on April 30, 2024, to access Defendant's Website from her home in an effort to shop for Defendant's products, but encountered barriers that denied the full and equal access to Defendant's online goods, content, and services. Due to Defendant's failure to build the Website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the coffee maker that Plaintiff wished to acquire from the Website. The Plaintiff now 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. Meyer Corporation, U.S. is a cookware distributor based in Vallejo, California.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com MORGAN JEWELERS: Fernandez Sues Over Blind-Inaccessible Website --------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. MORGAN JEWELERS OF SALT LAKE CITY, INC., Defendant, Case No. 1:24-cv-04173 (S.D.N.Y., May 31, 2024) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate Defendant's website, http://www.morganjewelers.com/,to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York State Human Rights Law. The Plaintiff was injured when he attempted multiple times, most recently on April 12, 2024, to access Defendant's Website from his home in an effort to shop for Defendant's products, but encountered barriers that denied the full and equal access to Defendant's online goods, content, and services. Due to Defendant's failure to build the Website in a manner that is compatible with screen access programs, Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the bracelet that Plaintiff wished to acquire from the Website. The Plaintiff now 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. Morgan Jewelers of Salt Lake City, Inc. offers an online store featuring collection of jewelry and watches.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com NATIONAL DISTRIBUTION: Granados Suit Removed to C.D. California --------------------------------------------------------------- The case styled as Olga Mojica Granados, an individual, and others similarly situated v. NATIONAL DISTRIBUTION CENTERS, LLC, a Delaware Limited Liability Company; ALEX AGUIRRE, an individual; and DOES 1 through 100, inclusive, Case No. 24STCV10571 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 10, 2024, and assigned Case No. 8:24-cv-01250. On April 26, 2024, Plaintiff filed an action against Defendant which sets forth the following causes of action: Discrimination in Violation of the Fair Employment and Housing Act ("FEHA"); Failure to Provide Reasonable Accommodations in Violation of FEHA; Failure to Engage in the Interactive Process in Violation of FEHA; Harassment in Violation of FEHA; Failure to Prevent Discrimination/Harassment in Violation of FEHA; Retaliation for Engaging in Protected Activity in Violation of FEHA; Wrongful Discharge in Violation of Public Policy; Intentional Infliction of Emotional Distress; Failure to Compensate for all Hours Worked in Violation of Cal. Lab. Code; Failure to Furnish Accurate Wage and Hour Statements in Violation of Cal. Lab. Code; Failure to Maintain Payroll Records in Violation of Cal. Lab. Code; and Failure to Reimburse for Required Business Expenses in Violation of Cal. Lab. Code.[BN] The Defendants are represented by: Christian J. Keeney, Esq. Rochelle N. Miller, Esq. JACKSON LEWIS P.C. 200 Spectrum Center Drive, Suite 500 Irvine, CA 92618 Phone: (949) 885-1360 Fax: (949) 885-1380 Email: Christian.keeney@jacksonlewis.com Rochelle.miller@jacksonlewis.com NAVY FEDERAL: Records Calls Without Consent, Paulino Suit Says -------------------------------------------------------------- Avner Paulino, individually and on behalf of all others similarly situated, Plaintiff v. Navy Federal Credit Union and Verint Systems Inc., Defendants, Case No. 3:24-cv-03298 (N.D. Cal., May 31, 2024) is an action brought by the Plaintiff, on behalf of himself and other customers, whose calls were recorded by Verint without their consent in violation of the California Invasion of Privacy Act. According to the complaint, when customers call companies that use Verint, Verint intercepts the calls, records them, and analyzes the content. Verint's products intercept, listen, record, transcribe, and analyze every call between a client and that client's customers. Verint routes every word spoken by callers directly to its servers in real-time, and transcribes these conversations as they occur. In addition to listening in and recording the calls, Verint uses the communications for its own purposes. For example, Verint can use the conversations to enhance and develop its own products, and train its own AI models, the suit alleges. Plaintiff Avner Paulino is a member of Navy Federal Credit Union. He has called Navy Federal's customer service line multiple times. In those calls, Mr. Paulino disclosed sensitive personal and financial information. Mr. Paulino expected that his conversations with Navy Federal would be kept confidential. He did not know that Verint was secretly listening to his conversation, and did not consent to his conversations being recorded and used by Verint. He would not have called Navy Federal if he had known, says the Plaintiff. Navy Federal Credit Union is a federally chartered credit union with its principal place of business in Virginia.[BN] The Plaintiff is represented by: Stephen Andrews, Esq. Christin Cho, Esq. DOVEL & LUNER, LLP 201 Santa Monica Blvd., Suite 600 Santa Monica, CA 90401 Telephone: (310) 656-7066 Facsimile: (310) 656-7069 E-mail: stephen@dovel.com christin@dovel.com NOW OPTICS: Faces Marous Suit Over Unsolicited Text Messages ------------------------------------------------------------ RICHARD MAROUS, individually and on behalf of all others similarly situated v. NOW OPTICS HOLDINGS, LLC D/B/A STANTON OPTICAL, Case No. 1:24-cv-22122 (S.D. Fla., June 3, 2024) contends that the Defendant promotes and markets its property, goods and services, in part, by sending unsolicited text messages to consumers that have registered their telephone numbers on the National Do Not Call Registry, in violation of the Telephone Consumer Protection Act. On Oct. 9, 2023, Oct. 16, 2023, Nov. 2, 2023, Jan. 15, 2024, Jan. 17, 2024, Feb. 14, 2024, and Apr. 10, 2024, the Defendant sent a text message solicitation to the Plaintiff's cellular telephone. The Plaintiff registered the cellular telephone number on the National Do-Not-Call Registry on Jan. 7, 2021. The Plaintiff utilizes the cellular telephone number that received Defendant's text messages for personal purposes and the number is Plaintiff's residential telephone line and primary means of reaching the Plaintiff at home. He never signed any type of authorization permitting or allowing the Defendant to send him text message solicitations, says the suit. The Defendant's alleged unlawful conduct resulted in intrusion into the peace and quiet in a realm that is private and personal to the Plaintiff and the Class members. The Plaintiff seeks injunctive relief to halt Defendant's unlawful conduct which has resulted in intrusion into the peace and quiet in a realm that is private and personal to the Plaintiff and the Class members. He also seeks statutory damages on behalf of herself and members of the Class, and any other available legal or equitable remedies. Stanton offers a selections of over 3000 frames, walk-in eye exams, same day service and in-house laboratories.[BN] The Plaintiff is represented by: Rachel Dapeer, Esq. DAPEER LAW, P.A. 20900 NE 30 th Avenue, Ste. 417 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 Telephone: (954) 400-4713 E-mail: mhiraldo@hiraldolaw.com ORVIS CO: Fernandez Sues Over Blind-Inaccessible Website -------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. THE ORVIS COMPANY, INC., Defendant, Case No. 1:24-cv-04180 (S.D.N.Y., May 31, 2024) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate Defendant's website, http://www.orvis.com/,to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York State Human Rights Law. The Plaintiff was injured when he attempted multiple times, most recently on April 15, 2024 to access Defendant's Website from his home in an effort to shop for Defendant's products, but encountered barriers that denied the full and equal access to Defendant's online goods, content, and services. Due to Defendant's failure to build the Website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the product that Plaintiff wished to acquire from the Website. The Plaintiff now 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. The Orvis Company, Inc. offers outdoor apparel, accessories, and sporting goods.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com PAKSHA INC: Website Inaccessible to Blind Users, Fernandez Says --------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. PAKSHA, INC., Defendant, Case No. 1:24-cv-04177 (S.D.N.Y., May 31, 2024) is a civil rights action against Defendant for its failure to design, construct, maintain, and operate Defendant's website, http://www.paksha.com/,to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act and the New York State Human Rights Law. The Plaintiff was injured when he attempted multiple times, most recently on April 12, 2024 to access Defendant's Website from his home in an effort to shop for Defendant's products, but encountered barriers that denied the full and equal access to Defendant's online goods, content, and services. Due to Defendant's failure to build the Website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the jewelry piece that Plaintiff wished to acquire from the Website. The Plaintiff now 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. Paksha, Inc. offers a variety of handcrafted jewelry pieces.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com PERMIAN RESOURCES: Conspires to Fix Shale Oil Prices, Castillo Says ------------------------------------------------------------------- CASTILLO CONSTRUCTION AND MANAGEMENT LLC, JOHN CASTILLO, and SOUTHWEST ELITE REAL ESTATE INC., on behalf of themselves and all others similarly situated, Plaintiffs v. PERMIAN RESOURCES CORP. F/K/A CENTENNIAL RESOURCE DEVELOPMENT, INC.; CHESAPEAKE ENERGY CORPORATION; CONTINENTAL RESOURCES INC.; DIAMONDBACK ENERGY, INC.; EOG RESOURCES, INC.; HESS CORPORATION; OCCIDENTAL PETROLEUM CORPORATION; and PIONEER NATURAL RESOURCES COMPANY, Defendants, Case No. 1:24-cv-00563 (D.N.M., June 4, 2024) is a class action against the Defendants for violations of Section 1 of the Sherman Act and state antitrust and consumer protection laws. The case arises from the Defendants' conspiracy to coordinate, and ultimately constrain, domestic shale oil production, which has had the effect of fixing, raising, and maintaining the price of retail gasoline in and throughout the United States. The Defendants agreed to limit their respective domestic shale production growth, which in turn fixed and/or stabilized retail gasoline prices in the United States at an artificially high level. As a result of the Defendants' misconduct, the Plaintiffs and the Classes suffered substantial harm from the supracompetitive prices they paid for retail gasoline for personal use, says the suit. Castillo Construction and Management LLC is a construction management company in Albuquerque, New Mexico. Southwest Elite Real Estate Inc. is a real estate agency in Albuquerque, New Mexico. Permian Resources Corporation, known as Centennial Resource Development, is an oil and gas production company, headquartered in Midland, Texas. Chesapeake Energy Corporation is an oil and gas production company, headquartered in Oklahoma City, Oklahoma. Continental Resources Inc. is an oil and gas production company, headquartered in Oklahoma City, Oklahoma. Diamondback Energy, Inc. is an oil and gas production company, headquartered in Midland, Texas. EOG Resources, Inc. is an oil and gas production company, headquartered in Houston, Texas. HESS Corporation is an oil and gas production company, headquartered in New York, New York. Occidental Petroleum Corporation is an oil and gas production company, headquartered in Houston, Texas. Pioneer Natural Resources Company is an oil and gas production company, headquartered in Irving, Texas. [BN] The Plaintiffs are represented by: Christopher A. Dodd, Esq. DODD LAW OFFICE, LLC 500 Marquette Avenue NW, Suite 1330 Albuquerque, NM 87102 Telephone: (505) 475-2742 Email: chris@doddnm.com - and - Warren T. Burns, Esq. Daniel H. Charest, Esq. BURNS CHAREST LLP 900 Jackson Street, Suite 500 Dallas, TX 75202 Telephone: (469) 904-4550 Email: wburns@burnscharest.com dcharest@burnscharest.com - and - Korey Nelson, Esq. BURNS CHAREST LLP 365 Canal Street, Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-7845 Email: knelson@burnscharest.com - and - Rex A. Sharp, Esq. Isaac L. Diel, Esq. W. Greg Wright, Esq. Brandon C. Landt, Esq. Hammons P. Hepner, Esq. SHARP LAW LLP 4820 W. 75th Street Prairie Village, KS 66208 Telephone: (913) 901-0505 Email: rsharp@midwest-law.com idiel@midwest-law.com gwright@midwest-law.com blandt@midwest-law.com hhepner@midwest-law.com - and - Steven N. Williams, Esq. Kai'Ree K. Howard, Esq. STEVEN WILLIAMS LAW, P.C. 201 Spear Street, Suite 1100 San Francisco, CA 94105 Telephone: (415) 697-1509 Email: swilliams@stevenwilliamslaw.com khoward@stevenwilliamslaw.com - and - Charles D. Gabriel, Esq. CHALMERS, ADAMS, BACKER & KAUFMAN, PLLC 13200 Strickland Road, Suite 114-177 Raleigh, NC 27613 Telephone: (404) 493-1843 Email: cdgabriel@chalmersadams.com QUIKTRIP CORP: Sroka Files Suit in Ill. DuPage Cty. --------------------------------------------------- A class action lawsuit has been filed against QuikTrip Corp. The case is styled as Scott Sroka, on behalf of himself and all others similarly situated v. QuikTrip Corp., Case No. 2024LA000692 (Ill. DuPage Cty., June 6, 2024). QuikTrip -- https://www.quiktrip.com/ -- owns and operates over 1000 convenience stores and gasoline service stations throughout seventeen states in the South, Midwest, and Southwest.[BN] The Plaintiff is represented by: Joseph J. Jacobi, Esq. HANSEN REYNOLDS, LLC 150 South Wacker Drive 24th Floor Chicago, IL 60606 Phone: (312) 265-2252 Email: jjacobi@hansenreynolds.com RADIUS GLOBAL: Harriel Files FDCPA Suit in S.D. Florida ------------------------------------------------------- A class action lawsuit has been filed against Radius Global Solutions. The case is styled as Donella Harriel, individually and on behalf of all those similarly situated v. Radius Global Solutions, LLC formerly known as: Frontline Asset Strategies, LLC, Case No. 2:24-cv-14177-AMC (S.D. Fla., June 6, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Radius Global Solutions LLC -- https://www.radiusgs.com/ -- provides debt recovery services and customer contact solutions.[BN] The Plaintiff is represented by: Gerald Donald Lane, Jr., Esq. Jibrael S. Hindi, Esq. Zane Charles Hedaya, Esq. LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th Street, Suite 1700 Fort Lauderdale, FL 33301 Phone: (754) 444-7539 Email: gerald@jibraellaw.com jibrael@jibraellaw.com zane@jibraellaw.com RAILSERVE INC: Silva Suit Removed to N.D. Illinois -------------------------------------------------- The case styled as Jose A. Silva, individually and on behalf of himself and all other similarly situated persons, known and unknown v. Railserve, Inc., Marmon Holdings, Inc., Marmon Railroad Services LLC, Case No. 2024-CH-04275 was removed from the Circuit Court of Cook County, Illinois, to the U.S. District Court for the Northern District of Illinois on June 10, 2024. The District Court Clerk assigned Case No. 1:24-cv-04796 to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Railserve -- https://railserve.biz/ -- is the leading provider of on-site rail services in North America.[BN] The Plaintiff appears pro se. RENAL TREATMENT: Zito Suit Removed to W.D. Washington ----------------------------------------------------- The case styled as Charlotte Zito and Alecia Bowdon, on own behalf and on the behalf of all others similarly situated v. RENAL TREATMENT CENTERS - West, Inc., A Colorado Corporation, Case No. 24-2-09591-8 SEA was removed from the Superior Court of the State of Washington for the County of King, to the United States District Court for the Western District of Washington on June 10, 2024, and assigned Case No. 2:24-cv-00820. On April 30, 2024, the Plaintiffs filed a Class Action Complaint for Damages and Injunctive Relief (the "Complaint") against Defendant and set forth the following six causes of action against Defendant: Payment of Wages Less Than Entitled: RCW 49.46, et seq., Seattle Municipal Code (SMC) 14.19 et seq., & SMC 14.20 et seq.; Willful Refusal to Pay Wages: RCW 49.52.050; Violations of RCW 49.46.130 and SMC 14.20 – Failure to Pay Overtime Wages; Violation of RCW 49.46.210 – Failure to Provide Paid Sick Leave; Violation of RCW 49.48.010 – Unpaid Wages on Termination; Violations of RCW 49.12.020, SMC 14.19, SMC 14.20 and WAC 296-126-092 – Failure to Provide Rest and Meal Break Periods.[BN] The Defendants are represented by: Peter H. Nohle, Esq. Gray Jeong, Esq. JACKSON LEWIS P.C. 520 Pike Street, Suite 2300 Seattle, WA 98101 Phone: (206) 626-6406 Email: Peter.Nohle@jacksonlewis.com Gray.Jeong@jacksonlewis.com RENT-A-CENTER: Flood Files Suit in Philadelphia Ct. of Common Pleas ------------------------------------------------------------------- A class action lawsuit has been filed against Core Campus Management, LLC. The case is styled as William Flood, on behalf of himself and all persons similarly situated v. Rent-A-Center, LLC, Rent-A-Center, East, Inc., Case No. 240600719 (Philadelphia Ct. of Common Pleas, June 6, 2024). Rent-A-Center -- https://locations.rentacenter.com/ -- is an American public furniture and electronics rent-to-own company based in Plano, Texas.[BN] The Plaintiff is represented by: James E. Goodley, Esq. GOODLEY MCCARTHY LLC 1650 Market Street, Suite 3600 Philadelphia, PA 19103 Phone: (215) 394-0541 RML HUNTSVILLE: Scott Files TCPA Suit in N.D. Alabama ----------------------------------------------------- A class action lawsuit has been filed against RML Huntsville AL LLC. The case is styled as Micah Scott, on behalf of himself and other similarly situated v. RML Huntsville AL LLC doing business as: Landers Mclarty Dodge Chrysler Jeep, Case No. 5:24-cv-00736-HNJ (N.D. Ala., June 6, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. RML Huntsville AL LLC doing business as: Landers Mclarty Dodge Chrysler Jeep Chrysler dealer in Huntsville, Alabama.[BN] The Plaintiff is represented by: John G. Watts, Esq. M. Stan Herring, Jr., Esq. WATTS AND HERRING LLC 301 19th Street North Birmingham, AL 35203 Phone: (205) 879-2447 Email: john@wattsherring.com stan@wattsherring.com ROBERT MANFRED: Benedict Suit Transferred to S.D. New York ---------------------------------------------------------- The case styled as James S. Benedict, Christopher Bourjos, Richard T. Ingalls, Randall G. Johnson, Steven E. Jongewaard, William C. Latham, Theodore Lekas Jr., Timothy A. Mcintosh, Steven Pope, Rick L. Ragazzo, Paul W. Runge, Jeffery N. Scholzen, Dennis M. Sheehan, Christopher J. Smith, Scott Trcka, Gregory G. Whitworth, Robert D. Wilfong, individually and on behalf of all other similarly situated individuals v. Robert Manfred, The Commissioner of Baseball, Office of the doing business as: Major League Baseball, an unincorporated association, Atlanta National League Baseball Club, Inc., Atlanta National League Baseball Club LLC, Liberty Media Corp., The Baltimore Orioles Limited Partnership Inc., Baltimore Orioles, Inc., Boston Red Sox Baseball Club L.P., Chicago White Sox Ltd., The Cincinnati Reds, LLC, Cleveland Indians Baseball Co., Inc., The Cleveland Indians Baseball Co, L.P. also known as: Cleveland Guardians Baseball Company, LLC, et al., Case No. 1:23-cv-01563 was transferred from the U.S. District Court for the District of Colorado, to the U.S. District Court for the Southern District of New York on June 6, 2024. The District Court Clerk assigned Case No. 1:24-cv-04314-MMG to the proceeding. The nature of suit is stated as Anti-Trust for Antitrust Litigation. Robert Dean Manfred Jr. is an American lawyer and business executive who is serving as the tenth commissioner of Major League Baseball.[BN] The Plaintiffs are represented by: Mitchell C. Abeita, Esq. Eric N. Roberson, Esq. Robert E. Goodman, Jr., Esq. KILGORE & KILGORE, PLLC 3141 Hood Street, Suite 500 Dallas, TX 75219 Phone: (214) 379-0833 ROSENTHAL WINE: Fails to Pay Manual Workers' OT, Nicolas Says ------------------------------------------------------------- PATRICK NICOLAS, MIKE OLIVIER, JEAN DARY BELMONT, THENIO LOUISSAINT, and ARRIS JEAN WISBERT, on behalf of themselves and all other persons similarly situated v. ROSENTHAL WINE MERCHANT (NY), LTD. and VIEUX VINS GROUP, LLC, Case No. 1:24-cv-03990 (E.D.N.Y., June 3, 2024) seeks to recover unpaid overtime wages pursuant to the Fair Labor Standards Act and the New York Labor Law. The Plaintiffs regularly worked more than 40 hours in a single workweek. However, the Defendants failed to pay the Plaintiffs for all hours worked in excess of 40 hours per workweek at the rate of one and one-half times their regular rate of pay. The Defendants only paid the Plaintiffs overtime when their total hours worked in a semi-monthly period exceeded 80 hours, the lawsuit asserts. The Defendants also allegedly failed to promptly pay the Plaintiffs' wages and instead paid the Plaintiffs on a semi-monthly basis. Each time that the Defendants failed to promptly pay Plaintiffs and FLSA Collective Plaintiffs their wages, Defendants deprived them of the use of money to which they were legally entitled. As a result, they lost the time value of money, the lawsuit says. Furthermore, the Plaintiffs bring this action against the Defendants to remedy discrimination in employment in violation of Section 1981 of the Civil Rights Act of 1866 and the New York City Human Rights Law. The Plaintiffs seek injunctive and declaratory relief, compensatory damages, punitive damages, attorneys' fees and other appropriate relief. Plaintiffs Nicolas and Olivier were employed by the Defendants as drivers, helpers and warehouse workers from 2018 until March 2024 and from May 2006 until March 2024, respectively. Rosenthal is an importer and a distributor of wines.[BN] The Plaintiffs are represented by: Peter A. Romero, Esq. ROMERO LAW GROUP PLLC 490 Wheeler Road, Suite 277 Hauppauge, NY 11788 Telephone: (631) 257-5588 E-mail: promero@romerolawny.com SHORE FUNDING: Cardenas Files TCPA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Shore Funding Solutions Inc. The case is styled as Erica Cardenas, individually and on behalf of all others similarly situated v. Shore Funding Solutions Inc., Case No. 2:24-cv-04071 (E.D.N.Y., June 6, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Shore Funding Solutions -- https://shorefundingsolutions.com/ -- is the one stop lending source that can help your small business, especially when banks will not.[BN] The Plaintiff is represented by: Stefan Louis Coleman, Esq. COLEMAN, PLLC 11 Broadway, Suite 615 New York, NY 10001 Phone: (877) 333-9427 Email: law@stefancoleman.com SYNCREON TECH: Bowie Suit Removed to C.D. California ---------------------------------------------------- The case styled as Kenneth E. Bowie, on behalf of himself, and others similarly situated v. SYNCREON TECH (USA) LLC; and DOES 1-100, inclusive, Case No. 24STCV10583 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 10, 2024, and assigned Case No. 2:24-cv-04891. On April 26, 2024, Plaintiff filed an unverified Class Action Complaint against Defendant which sets forth the following five causes of action: failure to authorize or permit meal periods; failure to authorize or permit rest periods; failure to provide complete and accurate wage statements; failure to timely pay all earned wages and final paychecks due at time of separation of employment; and unfair business practices.[BN] The Defendants are represented by: Eric J. Gitig, Esq. Sevada Hakopian, Esq. JACKSON LEWIS P.C. 725 South Figueroa Street, Suite 2500 Los Angeles, CA 90017-5408 Phone: (213) 689-0404 Facsimile: (213) 689-0430 Email: Eric.Gitig@jacksonlewis.com Sevada.Hakopian@jacksonlewis.com SYNCREON TECH: Marshall Suit Removed to C.D. California ------------------------------------------------------- The case styled as Rejenna Marshall, individually, and others similarly situated v. GRUBHUB INC., Case No. CVR12402427 was removed from the Superior Court of the State of California for the County of Riverside, to the United States District Court for the Central District of California on June 10, 2024, and assigned Case No. 5:24-cv-01218. The Plaintiff alleges in the Complaint that she "brings this case as a class action pursuant to California Code of Civil Procedure on behalf of a proposed class defined as follows: all individuals in California who drove as Delivery Partners for Defendant and worked at least one shift as a scheduled delivery driver, between June 30, 2021 and the present."[BN] The Defendants are represented by: Christian J. Keeney, Esq. Kelli M. Dreger, Esq. Rochelle N. Miller, Esq. JACKSON LEWIS P.C. 200 Spectrum Center Drive, Suite 500 Irvine, CA 92618 Phone: (949) 885-1360 Facsimile: (949) 885-1380 Email: christian.keeney@jacksonlewis.com kelli.dreger@jacksonlewis.com rochelle.miller@jacksonlewis.com TRC STAFFING: Edwards Sues Over Unauthorized Personal Info Access ----------------------------------------------------------------- CHRISTOPHER EDWARDS, individually and on behalf of all others similarly situated, Plaintiff v. TRC STAFFING SERVICES INC. d/b/a TRC TALENT SOLUTIONS, Defendant, Case No. 1:24-cv-02443-VMC (N.D. Ga., June 4, 2024) is a class action against the Defendant for negligence, negligence per se, breach of implied contract, breach of fiduciary duty, unjust enrichment, and violation of the Official Code of Georgia Annotated (OCGA) Sec. 13-6-11. 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. TRC Staffing Services Inc., doing business as TRC Talent Solutions, is a staffing services provider headquartered in Atlanta, Georgia. [BN] The Plaintiff is represented by: N. Nickolas Jackson, Esq. J. Benjamin Finley, Esq. THE FINLEY FIRM, P.C. 3535 Piedmont Rd. Building 14, Suite 230 Atlanta, GA 30305 Telephone: (404) 978-6971 Facsimile: (404) 320-9978 Email: njackson@thefinleyfirm.com bfinley@thefinleyfirm.com - and - Raina Borrelli, Esq. STRAUSS BORRELLI PLLC 980 N. Michigan Ave., Suite 1601 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 Email: raina@straussborrelli.com TRC STAFFING: Fails to Secure Customers' Info, Mathavongsy Alleges ------------------------------------------------------------------ ELWON MATHAVONGSY and ELI HARGETT, individually and on behalf of all others similarly situated, Plaintiffs v. TRC STAFFING SERVICES INC. d/b/a TRC TALENT SOLUTIONS, Defendant, Case No. 1:24-cv-02483-VMC (N.D. Ga., June 6, 2024) is a class action against the Defendant for negligence, breach of implied contract, negligence per se, breach of fiduciary duty, unjust enrichment, and declaratory and injunctive relief. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiffs and similarly situated individuals stored within its computer systems following a data breach. The Defendant also failed to timely notify the Plaintiffs and similarly situated individuals about the data breach. As a result, the private information of the Plaintiffs and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. TRC Staffing Services Inc., doing business as TRC Talent Solutions, is a staffing services provider headquartered in Atlanta, Georgia. [BN] The Plaintiffs are represented by: Ainsworth G. Dudley, Esq. DUDLEY LAW, LLC P.O. Box 53319 Atlanta, GA 30355 Telephone: (404) 687-8205 Email: adudleylaw@gmail.com - and - Jarrett L. Ellzey, Esq. Leigh S. Montgomery, Esq. Alexander G. Kykta, Esq. ELLZEY & ASSOCIATES, PLLC 1105 Milford Street Houston, TX 77006 Telephone: (888) 350-3931 Facsimile: (888) 276-3455 Email: jarrett@ellzeylaw.com leigh@ellzeylaw.com alex@ellzeylaw.com - and - Tom Kherkher, Esq. ATTORNEY TOM & ASSOCIATES 5909 West Loop South Suite 525 Houston, TX 77401 Telephone: (855) 866-9467 Email: tom@attorneytom.com VESTIS CORP: O'Neill Sues to Revoke Bylaws' Irrevocable Resignation ------------------------------------------------------------------- EDWARD O'NEILL, on behalf of himself and all other similarly situated stockholders of VESTIS CORP., Plaintiff v. VESTIS CORP., Defendant, Case No. 2024-0600 (Del. Ch., June 4, 2024) is a class action against the Defendant for declaratory judgment. The Plaintiff seeks declaratory relief invalidating the Irrevocable Resignation Requirement of Vestis Corp.'s Amended and Restated Bylaws, effective September 29, 2023. 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. Vestis Corp. is a provider of uniform rentals and workplace supplies, with its principal executive offices in Georgia. [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. Nathan Abelman, 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 YERBA MATE: Figueroa Suit Seeks Unpaid Wages for Drivers -------------------------------------------------------- DANNY FIGUEROA, individually and on behalf of all others similarly situated, Plaintiff v. THE YERBA MATE CO., LLC, Defendant, Case No. 1:24-cv-04003 (E.D.N.Y., June 3, 2024) is a class action against the Defendant for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay overtime wages, failure to timely pay wages, nonpayment of straight time wages, failure to furnish wage statements, and retaliation. Mr. Figueroa worked for the Defendant as a driver from April 21, 2002, until March 12, 2024. The Yerba Mate Co., LLC is a company that brews and distributes yerba mate, with its principal place of business located at 215 Rose Avenue, Venice California. [BN] The Plaintiff is represented by: Amit Kumar, Esq. LAW OFFICES OF WILLIAM CAFARO 108 West 39th Street, Suite 602 New York, NY 10018 Telephone: (212) 583-7400 Email: AKumar@CafaroEsq.com ZENWISE LLC: Dietary Supplement's Label "False," Scott Suit Claims ------------------------------------------------------------------ CAROL SCOTT, on behalf of herself and all others similarly situated, Plaintiff v. ZENWISE LLC, Defendant, Case No. 2:24-cv-04673 (C.D. Cal., June 4, 2024) is a class action against the Defendant for violations of California's Unfair Competition Law, California's Consumers Legal Remedies Act, and California's False Advertising Law, and for fraud, fraudulent inducement, fraudulent misrepresentation, breach of express warranty, breach of implied warranty, and unjust enrichment. The case arises from the Defendant's false, deceptive, and misleading advertising, labeling, and marketing of its Digestive Enzymes and No Bloat dietary supplement products. The Defendant markets and sells the products as a complete solution that "ACTS FAST," and is "Clinically Proven [to] Work in Hours." However, the claims are false and deceptive because the products cannot do what the Defendant claims they can do. Specifically, the products do not include ingredients clinically proven to quickly provide gas and bloating relief and the scientific literature shows the ingredients cannot and do not provide the promised results if taken as directed. Had the Plaintiffs and all other similarly situated consumers known that contrary to the Defendant's representations, the products do not perform as advertised, they would have paid less for them or not purchased at all, says the suit. Zenwise LLC is a manufacturer of dietary supplement products, with its principal place of business in Orlando, Florida. [BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Luke Sironski-White, Esq. Ines Diaz Villafana, Esq. BURSOR & FISHER, P.A. 1990 North California Boulevard, Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com lsironski@bursor.com idiaz@bursor.com - and - Gregory Marc Sinderbrand, Esq. SINDERBRAND LAW GROUP, PC 5805 Sepulveda Blvd., Suite 801 Sherman Oaks, CA 91411 Telephone: (818) 3703912 Email: greg@sinderbrandlaw.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. 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