/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240712.mbx C L A S S A C T I O N R E P O R T E R Friday, July 12, 2024, Vol. 26, No. 140 Headlines 3M CO: Faces Hallowell Suit Over Exposure to Toxic Chemicals 3M CO: Firefighters Exposed to Toxic Chemicals, Browning Suit Says 3M CO: Patterson Alleges Injury Due to Toxic Chemicals' Exposure 3M COMPANY: Egbert Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Turner Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Wilson Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Zaker Sues Over Exposure to Toxic Aqueous Foams 531 FAIRFAX: Finnegan Sues Over Unpaid Compensations ABOVE & BEYOND: Faces Serrano Class Suit in Calif Super. Court ACCUQUOTE INC: Faces Robertson Suit Over Telemarketing Calls ADVANCE AUTO: Fails to Properly Protect Personal Info, Vogel Says ADVANCE AUTO: McGee Sues Over Failure to Protect Personal Info AGI POST: Faces Pope Suit Over Unlawful Labor Practices ALFF CONSTRUCTION: Fails to Pay OT Wages Under FLSA, Hardy Claims ALTMAN MANAGEMENT: De Guzman Sues Over Alienage Discrimination AMAZON.COM INC: Parties Seek More Time to File Class Certification AMERICAN HONDA: Cadena Suit Seeks to Certify Classes AMERIT FLEET: Faces Jimenez Class Action Lawsuit in N.D. Calif. ARKANSAS: Williams Sues Over Violation of Constitutional Rights ASR GROUP: Faces Ulery Suit Over Price Fixing of Granulated Sugar BAAR PRODUCTS: Website Inaccessible to Blind Users, Karim Says BIANCHI'S CONSTRUCTION: Vargas Sues Over Unpaid Wages, Retaliation BLOOMINGTON, IL: Court Directs Discovery Plan Filing in Woods Suit BUYMEBEAUTY INC: Website Inaccessible to Blind, Karim Says CENCORA INC: Mishandles Personal Medical Info, Lopez Suit Says COLGATE-PALMOLIVE: Parties Seek Expert Disclosure Extension DOCTOR APPLIANCE: Fails to Pay Repair Techs' OT Wages Under FLSA FEW MODA: Karim Sues Over Blind-Inaccessible Website FINANCIAL BUSINESS: Soto Data Breach Suit Transferred to E.D. Pa. FONTAINEBLEAU FLORIDA: Settlement in McDowell Gets Initial Nod FREESTYLE BRANDS: Website Not Fully Blind-Accessible, Murray Says GARVIES POINT: Faces Jimenez Wage-and-Hour Suit in E.D.N.Y. GOLDEN ROSELEAF: Fails to Pay Minimum, OT Wages, Hernandez Alleges GOSHT INC: Chorna Sues Over Restaurant Staff's Unpaid Wages H.M. ELECTRONICS: Santillan Seeks Unpaid Wages Under Labor Code HARRIS PHARMACEUTICAL: Albrigo Alleges Acne Products' False Ads IDAHO: Bonning Suit Seeks to Certify Rule 23 Class INSOMNIA COOKIES: Seeks More Time to File Class Cert Bid Opposition J.R. PUTMAN: Faces Rowe Class Action Lawsuit in California JAMES LEBLANC: Third Amended Scheduling Order Entered LEPRINO FOODS: Bid for Class Cert. in Dominguez Due May 30, 2025 LEXISNEXIS RISK: Scroggins Seeks to Seal Unredacted Reply LOGIKA LLC: Faces Ray Suit Over Unlawful Labor Practices MAINE: Class Settlement Deal in Bryan Gets Initial Nod MARATHON REFINING: Appeals Class Cert. Order in Butel Suit MAXIMUS EDUCATION: Faces Ackerman Class Action Suit in E.D. Va. MCKESSON CORPORATION: Padilla Files Suit in Cal. Super. Ct. MCLAREN LAPEER: Fails to Pay Proper Wages, Baldwin Alleges MDL 2873: Woxen Sues Over Injury Sustained From AFFF Products MEAD JOHNSON: Seutter Suit Removed From State Court to D. Minnesota META PIXEL: Filing for Class Cert Bid in Tax Cases Due Oct. 14 MINNESOTA: Avila Appeals Civil Rights Suit Dismissal to 8th Cir. NATURA MANAGEMENT: Faces Morgan Class Suit in Calif Super. Court PATTERSON DENTAL: Mehring Sues Over Failure to Maintain Security QG PRINTING II: Pulido-Peredo Suit Removed to N.D. California QUTEN RESEARCH: Swetala Files Suit in E.D. California RALPH LAUREN: Ratra Sues Over Over False Pricing Ad Scheme RECOGNITION SYSTEMS: Faces Gutierrez Class Action Suit in New York RED LOBSTER: Parker Sues Over WARN Act Violation RENEWABLE ENERGY: Fails to Pay Performance Bonus, Rohde Suit Claims REVELETTE ENTERPRISES: Krout Seeks Unpaid Minimum, OT Wages SAINT LUKE'S: Berberich Suit Removed from Cir. Ct. to W.D. Missouri SIRIUS XM: Music Plans' Price Ads "Deceptive," Wilson Suit Alleges SPANX LLC: Faces Espinal Suit Over Blind-Inaccessible Website STANLEY STEEMER: Hofer Sues Over Surreptitious Recording STATE FARM: Robin Sues Over Refusal to Pay Actual Cash Value TGI FRIDAYS: Daughtry Sues Over Unpaid Overtime Wages TICKETMASTER LLC: Faces Poluk Suit Over Alleged Data Breach TOTALLY COOL: Faces Price Suit Over Frozen Goods' Contamination TRUIST BANK: Fails to Prevent Data Breach, Aronstein Alleges TURN TECHNOLOGIES: Williams Files FCRA Suit in N.D. Illinois TYLER TECHNOLOGIES: Fails to Secure Personal Info, Casey Says UNITED LAUNCH: Bondeson Sues Over Practice of Discrimination VELVET APPAREL: Murray Sues Over Website's Inaccessibility VIVID SEATS: Zainfeld Suit Transferred to E.D. New York WILLIAM MARSHALL: Brandon Files Suit in S.D. West Virginia ZENLEN INC: Hernandez Sues Over Whole Body Deodorant's False Ads Asbestos Litigation ASBESTOS UPDATE: H.B. Fuller Defends Product Liability Lawsuits ********* 3M CO: Faces Hallowell Suit Over Exposure to Toxic Chemicals ------------------------------------------------------------ GALAND HALLOWELL III v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY), et al., Case No. 2:24-cv-03704-RMG (D.S.C., June 26, 2024) is a class action seeking for damages for personal injury resulting from exposure to aqueous film-forming foams (AFFF) and firefighter turnout gear (TOG) containing the toxic chemicals collectively known as per and polyfluoroalkyl substances (PFAS). The Defendants individually and collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, handheld, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS, the Plaintiff contends. PFAS are highly toxic and carcinogenic chemicals. Because of their unique chemical structure, PFAS would bind to proteins in the blood of animals and humans exposed to such materials where such materials would remain and persist over long periods of time and would accumulate in the blood/bodies of the exposed individuals with each additional exposure. The Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from the Defendants' AFFF and/or TOG products caused the Plaintiff significant and devastating injury, the suit alleges. In June of 2022, the Plaintiff was diagnosed with thyroid disease (hypothyroidism). The Plaintiff suffered, and continues to suffer, the effects of his illness, which was caused by exposure to Defendants' AFFF and/or TOG products. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF or TOG products at various locations during the course of the Plaintiff's Firefighting Activities. The Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same. From May 1, 2016 to May 1, 2018 the Plaintiff worked as a military firefighter and a member of the repair party aboard the United States Navy vessel USS John P. Murtha, homeported at Naval Base San Diego in San Diego, California. The Defendants include AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY FC, LLC; THE CHEMOURS COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; and W.L. GORE & ASSOCIATES, INC. 3M manufactured, marketed, and sold AFFF from the 1960s to the early 2000s.[BN] The Plaintiff is represented by: Gale D. Pearson, Esq. Majed Nachawati, Esq. John W. Raggio, Esq. NACHAWATI LAW GROUP 310 4th Avenue South, Suite 5010 Minneapolis, MN 55415 Telephone: (214) 890-0711 E-mail: gpearson@ntrial.com 3M CO: Firefighters Exposed to Toxic Chemicals, Browning Suit Says ------------------------------------------------------------------ ANDREW BROWNING, individually and on behalf of all others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.; DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. f/k/a GE Interlogix, Inc., Defendants, Case No. 2:24-cv-03681-RMG (D.S.C., June 25, 2024) is an action resulting from Plaintiff's exposure to the Defendants' aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"), which includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. According to the complaint, the Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. The Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. 3M Company conducts operations in electronics, telecommunications, industrial, consumer and office, health care, safety, and other markets. The Company businesses share technologies, manufacturing operations, marketing channels, and other resources. 3M serves customers worldwide. [BN] The Plaintiff is represented by: Richard Zgoda, Jr. Steven D. Gacovino GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Telephone: (631) 600-0000 Facsimile: )631) 543-5450 - and - Gregory A. Cade Gary A. Anderson Kevin B. McKie ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Telephone: (205) 328-9200 Facsimile: (205) 328-9456 3M CO: Patterson Alleges Injury Due to Toxic Chemicals' Exposure ---------------------------------------------------------------- GLENN EUGENE PATTERSON v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company), et al., Case No. 2:24-cv-03699-RMG (D.S.C., June 26, 2024) is a class action seeking for damages for personal injury resulting from exposure to aqueous film-forming foams (AFFF) and firefighter turnout gear (TOG) containing the toxic chemicals collectively known as per and polyfluoroalkyl substances (PFAS). The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF or TOG with knowledge that it contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS, the Plaintiff contends. Further, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS are highly toxic and carcinogenic chemicals. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. Through this action, the Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to the Defendants' AFFF or TOG products at various locations during the course of the Plaintiff's training and firefighting activities. The Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same. Plaintiff Patterson is a resident and citizen of Nevada. He regularly used, and was thereby directly exposed to, AFFF and TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter. The Plaintiff was diagnosed with Thyroid Disease as a result of exposure to the Defendants' AFFF or TOG products. The Defendants include AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE PLC; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; RAYTHEON TECHNOLOGIES CORPORATION; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS L.P. as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.); and W.L.GORE & ASSOCIATES, INC. 3M manufactured, marketed, and sold AFFF from the 1960s to the early 2000s.[BN] The Plaintiff is represented by: Stephen "Buck" Daniel, Esq. RUEB STOLLER DANIEL, LLP 225 Ottley Drive NE, Suite 110 Atlanta, GA 30624 Telephone: (404) 381-2888 E-mail: buck@lawrsd.com 3M COMPANY: Egbert Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- Douglas Egbert, on behalf of himself v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE-FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:24-cv-03225-RMG (D.S.C., May 28, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly exposed to AFFF and/or TOG during his firefighting career and was diagnosed with Ulcerative Colitis as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle Anna Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 Ridge Street Georgetown, SC 25442 Phone: 843-546-2408 Facsimile: 843-546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com 3M COMPANY: Turner Sues Over Exposure to Toxic Aqueous Foams ------------------------------------------------------------ Jon Turner, on behalf of himself v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE-FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:24-cv-03224-RMG (D.S.C., May 28, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly exposed to AFFF and/or TOG during his firefighting career and was diagnosed with Testicular Cancer as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle Anna Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 Ridge Street Georgetown, SC 25442 Phone: 843-546-2408 Facsimile: 843-546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com 3M COMPANY: Wilson Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- Jazmin Wilson, on behalf of the estate of D'quincy Johnson, DECEASED, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No. 2:24-cv-03128-RMG (D.S.C., May 20, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio persistent PFASs, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to the material and remains and persists over long periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remain in the human while presenting significant health risks to humans. The Defendants' PFAS-containing AFFF products were used by the Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF products at various locations during the course of Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, sats the complaint. The Plaintiff Jazmin Wilson is the daughter of D'Quincy Johnson who was diagnosed with prostate cancer; colon cancer, as well as many other serious health conditions as a result of exposure to Defendants' AFFF products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiffs are represented by: Charles V. Taylor, Esq. CHARLES V. TAYLOR AND ASSOCIATES, APLC 1420 School Park Street Jackson, MS 39213 Phone: 662-550-0260 Email Address: charleslaw58@yahoo.co 3M COMPANY: Zaker Sues Over Exposure to Toxic Aqueous Foams ----------------------------------------------------------- Tommie Zaker, on behalf of himself v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE-FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC.; Case No. 2:24-cv-03220-RMG (D.S.C., May 28, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish petroleum-based fires. It has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF and or TOG with knowledge that it contained highly toxic and bio persistent PFAS, which would expose end users of the product to the risks associated with PFAS. Further, defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF or TOG which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications alleged herein. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly exposed to AFFF and/or TOG during his firefighting career and was diagnosed with Ulcerative Colitis as a direct result of exposure to Defendants' products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products or underlying PFAS containing chemicals used in AFFF production.[BN] The Plaintiff is represented by: J. Edward Bell, III, Esq. Randolph L. Lee, Esq. Gabrielle Anna Sulpizio, Esq. BELL LEGAL GROUP, LLC 219 Ridge Street Georgetown, SC 25442 Phone: 843-546-2408 Facsimile: 843-546-9604 Email: jeb@belllegalgroup.com rlee@belllegalgroup.com gsulpizio@belllegalgroup.com 531 FAIRFAX: Finnegan Sues Over Unpaid Compensations ---------------------------------------------------- Jesse Patrick Finnegan, individually, and on behalf of all other aggrieved employees v. 531 FAIRFAX INC. dba UBUD LA, a California company; BENELISHA GROUP INC. dba ADKT LA, a California company and DOES 1 through 50, inclusive, Case No. 24STCV13163 (Cal. Super. Ct., May 24, 2024), is brought seeking to recover penalties for the Labor and Workforce Development Agency ("LWDA"), on behalf of themselves and all other similarly situated Aggrieved Employees under the Private Attorneys General Act ("PAGA") as a result of Defendants' systematic violations of the law. As a result of systematic policies and procedures, Defendants have violated California's wage and hour laws promulgated in the California Labor Code and all applicable Industrial Welfare Commission ("IWC") Wage Orders. For example, Defendants have implemented unlawful written policies with respect to meal and rest breaks. Defendants also require its non-exempt employees, who are informed that the needs of the businesses take top priority, to work through meal and rest breaks, and to take untimely meal periods. The Plaintiff and the other aggrieved employees were not allowed to take meal periods unless they worked 6 hours or more. Moreover, Plaintiff and other aggrieved employees are not always afforded full 30-minute meal periods and are often under pressure to return to work early since they are too busy to complete their assigned work during scheduled shifts. As a result, Plaintiff and other aggrieved employees have been denied the ability to take the meal and rest breaks that they were and are legally entitled to take, says the complaint. The Plaintiff was employed by Defendants and assigned to work in the County of Los Angeles in the state of California. Fairfax is in the business of the operations of restaurants and bars.[BN] The Plaintiff is represented by: Anna R. Salusky, Esq. SALUSKY LAW GROUP 3738 Bayer Avenue, Suite 104 Long Beach, CA 90808 Phone: (562) 855-0004 Facsimile: (562) 855-0002 Email: asalusky@saluskylaw.com - and - Marcia Guzman, Esq. Victoria Tokar, Esq. GUZMAN & TOKAR LLP 440 N. Barranca Avenue, Suite 1354 Covina, CA 91723 Phone: (213) 347-4529 Facsimile: (213) 342-6329 Email: service@guzmanandtokar.com ABOVE & BEYOND: Faces Serrano Class Suit in Calif Super. Court -------------------------------------------------------------- A class action lawsuit has been filed against Above & Beyond. The suit is captioned as SERRANO, et al. vs. ABOVE & BEYOND CLEANING SERVICES, INC., et al., Case No. 24CV011319 (Calif. Super., Sacramento Cty, June 6, 2024). The case is assigned to the Hon. Judge Christopher E. Krueger. The suit is brought over Defendant's alleged employment law violation.[BN] ACCUQUOTE INC: Faces Robertson Suit Over Telemarketing Calls ------------------------------------------------------------ ERIN ROBERTSON, individually, and on behalf of all others similarly situated, Plaintiff v. ACCUQUOTE, INC., Defendant, Case No. 1:24-cv-05281 (N.D. Ill., June 25, 2024) is a class action against the Defendant for violations of the Telephone Consumer Protection Act. The Plaintiff brings this suit against the Defendant for making telemarketing calls to numbers on the National Do Not Call Registry, including Plaintiff's number, and for making telemarketing calls to Plaintiff and other consumers at inappropriate times, like before 8:00 am. Accuquote, Inc. is an independent life insurance broker.[BN] The Plaintiff is represented by: Anthony Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln Street, Suite 2400 Hingham, MA 02043 Telephone: (617) 485-0018 Facsimile: (508) 318-8100 E-mail: anthony@paronichlaw.com ADVANCE AUTO: Fails to Properly Protect Personal Info, Vogel Says ----------------------------------------------------------------- GREGORY VOGEL, individually and on behalf of all others similarly situated, Plaintiff v. ADVANCE AUTO PARTS, INC., Defendant, Case No. 5:24-cv-00361-BO (E.D.N.C., June 26, 2024) is a class action against the Defendant for negligence, negligence per se, violation of North Carolina Unfair Trade Practices Act, breach of implied contract, invasion of privacy, intrusion upon seclusion, and unjust enrichment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of its current and former employees, including the Plaintiff, stored within its information network 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. Advance Auto Parts, Inc. is an automobile shop, headquartered in Raleigh, North Carolina. [BN] The Plaintiff is represented by: Joel R. Rhine, Esq. Ruth A. Sheehan, Esq. John A. Bruno, Esq. RHINE LAW FIRM, P.C. 1612 Military Cutoff, Suite 300 Wilmington, NC 28403 Telephone: (910) 772-9960 Facsimile: (910) 772-9062 Email: jrr@rhinelawfirm.com ras@rhinelawfirm.com jab@rhinelawfirm.com - and - Marc E. Dann, Esq. DANNLAW 15000 Madison Avenue Lakewood, OH 44107 Telephone: (216) 373-0539 Facsimile: (216) 373-0536 Email: notices@dannlaw.com - and - Thomas A. Zimmerman, Jr., Esq. ZIMMERMAN LAW OFFICES, P.C. 77 W. Washington Street, Suite 1220 Chicago, IL 60602 Telephone: (312) 440-0020 Facsimile: (312) 440-4180 Email: tom@attorneyzim.com ADVANCE AUTO: McGee Sues Over Failure to Protect Personal Info -------------------------------------------------------------- CHARLES McGEE, on behalf of himself and all others similarly situated, Plaintiff v. ADVANCE AUTO PARTS, INC., Defendant, Case No. 5:24-cv-352 (E.D.N.C., June 24, 2024) arises from the Defendant's failure to implement and maintain reasonable security procedures and practices to protect Plaintiff's and Class Members' private information. According to the complaint, the Defendant confirmed in a recent Securities and Exchange Commission filing that their data was stolen from a third-party cloud database environment. Despite its duties to Plaintiff and Class Members, Defendant stored their Private Information on a database that was negligently and/or recklessly configured. This misconfiguration allowed files on the database to be accessed without a password or any form of multifactor authentication, says the suit. The Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Plaintiff's and Class Members' Private Information that it collected and maintained, and for failing to provide adequate notice to Plaintiff and other Class Members that their information had been stolen by criminals and listed for sale on the dark web. Advance Auto Parts, Inc. is an American automotive aftermarket parts provider headquartered in Raleigh, North Carolina.[BN] The Plaintiff is represented by: Scott C. Harris, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan St. Raleigh, NC 27603 Telephone: (919) 600-5003 Facsimile: (919) 600-5035 E-mail: sharris@milberg.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Bryan L. Bleichner, Esq. Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401 Telephone: (612) 339-7300 Facsimile: (612) 336-2940 E-mail: bbliechner@chestnutcambronne.com pkrzeski@chestnutcambronne.com AGI POST: Faces Pope Suit Over Unlawful Labor Practices ------------------------------------------------------- MELISSA POPE, on behalf of others similarly situated, Plaintiff v. AGI POST, INC., and CARGO FORCE, INC., Defendants, Case No. 3:24-cv-01084-AJB-BLM (S.D. Cal., June 24, 2024) is a class and collective action arising from the Defendants' wage and hour violations under the Fair Labor Standards Act, the California Labor Code, and the California Business and Professions Code. The Plaintiff alleges that Defendants underpaid wages by failing to include all forms of remuneration, including cash-in-lieu of benefits payments into the "regular rate of pay" calculation for their hourly overtime, sick, vacation, and premium wages, as applicable under state and federal laws; failed to maintain compliant meal and rest period practices, resulting in a failure to pay all wages and premiums owed to the Class and Collective Members at the lawful rate; and failed to pay Plaintiff and the Class and Collective Members for all hours worked due to unauthorized time editing. The Defendants' employment policies, practices, and payroll administration systems enabled and facilitated these violations on a company-wide basis to the Class and Collective members. The Defendants further committed the same overtime violations to a nationwide collective of employees who Plaintiff seeks to represent under the FLSA, the suit says. The Plaintiff worked for the Defendants in California from November 2021 to February 2024 as a General Clerk III. AGI Post, Inc. is a Delaware corporation that maintains operations and conducts business throughout the State of California and across the U.S.[BN] The Plaintiff is represented by: Nicholas J. Ferraro, Esq. Lauren N. Vega, Esq. FERRARO VEGA EMPLOYMENT LAWYERS, INC. 3333 Camino del Rio South, Suite 300 San Diego, CA 92108 Telephone: (619) 693-7727 Facsimile: (619) 350-6855 E-mail: nick@ferrarovega.com lauren@ferrarovega.com ALFF CONSTRUCTION: Fails to Pay OT Wages Under FLSA, Hardy Claims ----------------------------------------------------------------- Rona Hardy, Ahmad J. "AJ" Khaseeb, And Ariel Bethea, individually and on behalf of all similarly situated persons V. Alff Construction, L.L.C., Case No. 8:24-cv-00256 (D. Neb., June 26, 2024) seeks recover unpaid overtime that is required by the Fair Labor Standards Act. The Defendant has a business plan that includes hiring vendor managers and misclassifying them as exempt employees even though they do not perform the job duties of an exempt employee. Alff does this to avoid paying overtime pay, saving Defendant money and allowing it to gain an unfair advantage over competitors who follow the law in their employment practices, the Plaintiffs allege. The Plaintiffs regularly worked more than 40 hours per week. But the Defendant did not pay the Plaintiffs an overtime premium for any of the hours they worked over 40 in a workweek. Instead, the Defendant paid the Plaintiffs the same salary no matter how many hours they worked in a workweek. The Defendant does not actually perform the services needed by its customers but instead contracts those services out to vendors approved by its customers at prices/costs also approved by its customers. The Plaintiffs are some of the numerous employees hired by Alff as salaried vendor managers. The Plaintiffs bring this lawsuit on their own behalf and on behalf of their former co-workers against the Defendant. Plaintiff Hardy worked for Alff as a Territory Vendor Manager from February 2023 until May 2024. Plaintiff Khaseeb worked for Alff as a Territory Vendor Manager from February 2023 until December 2023. Alff Construction provides facility maintenance services to businesses in all 50 states.[BN] The Plaintiffs are represented by: Josef F. Buenker, Esq. THE BUENKER LAW FIRM Houston, TX 77206 Telephone: (713) 868-3388 Facsimile: (713) 683-9940 E-mail: jbuenker@buenkerlaw.com - and - Douglas B. Welmaker, Esq. WELMAKER LAW, PLLC 409 N. Fredonia, Suite 118 Longview, TX 75601 Telephone: (512) 799-2048 E-mail: doug@welmakerlaw.com ALTMAN MANAGEMENT: De Guzman Sues Over Alienage Discrimination -------------------------------------------------------------- KHRYSTA DE GUZMAN, an individual, on behalf of herself and all others similarly situated v. ALTMAN MANAGEMENT COMPANY LLC, HP ALTMAN AUTUMN RIDGE LLC, and INVERNESS APARTMENTS LLC, Case No. 1:24-cv-07280 (D.N.J., June 26, 2024) contends that the Defendants follow a policy of denying housing to applicants on the basis of their alienage, including Deferred Action for Childhood Arrivals recipients. Plaintiff De Guzman and members of the Class she seeks to represent were and are unable to access Defendants' rental housing units without unequal conditions imposed upon them on the basis of their alienage, the suit alleges. At the time of the lease applications, the Plaintiff De Guzman's employment authorization card was set to expire on March 27, 2025. In Aug. 2023, Plaintiff Khrysta and her fiance -- a U.S. citizen -- applied to rent an apartment unit at Autumn Ridge Apartments for 24 months with an expected move-in date of August 25, 2023. On Aug. 28, 2023, the leasing manager at Autumn Ridge Apartments, George Brzeczkowski, sent an email to Plaintiff De Guzman and her fiancé informing them that their rental application was denied. On Sept. 5, 2023, the Plaintiff De Guzman and her fiancé paid a $120.00 application fee and applied to rent an apartment unit at Inverness Apartments for 24 months with a move-in date of Sept. 15, 2023. On Sept. 15, 2023, a representative of Altman Management informed Plaintiff De Guzman via telephone that her application was denied because of a green card or visa issue. Plaintiff De Guzman brings this case against the Defendants for unlawful discrimination on the basis of alienage in violation of the Civil Rights Act of 1866. The Defendants' violations have inflicted harm on the Plaintiff De Guzman and the Class she seeks to represent, including access to rental housing units with unfavorable terms and conditions and emotional distress, the lawsuit says. Plaintiff De Guzman is a recipient of DACA since 2016. Since that time, she has continuously possessed an employment authorization card and a social security number. Altman is a construction company.[BN] The Plaintiff is represented by: Alexander L. Callo, Esq. SAUL EWING LLP One Riverfront Plaza, Suite 1520 Newark, NJ 07102-5426 Telephone: (973) 286-6700 E-mail: alexander.callo@saul.com - and - Thomas A. Saenz, Esq. Luis L. Lozada, Esq. Fernando Nunez, Esq. MEXICAN AMERICAN LEGAL DEFENSE AND EDUCATIONAL FUND 634 South Spring Street, 11th Floor Los Angeles, CA 90014 Telephone: (213) 629-2512 Facsimile: (213) 629-0266 Email: tsaenz@maldef.org llozada@maldef.org fnunez@maldef.org AMAZON.COM INC: Parties Seek More Time to File Class Certification ------------------------------------------------------------------ In the class action lawsuit captioned as BERNARD WAITHAKA, et al., v. AMAZON.COM INC. and AMAZON LOGISTICS, INC., Case No. 2:19-cv-01320-JCC (W.D. Wash.), the Parties ask the Court to enter an order extending the Plaintiff's time to submit a motion for class certification and the Defendants' time to submit a motion to compel arbitration from July 5, 2024, to Aug. 2, 2024. The Parties also ask that the court extend the deadline for Opposition briefs from Aug. 5, 2024 to Sept. 3, 2024 and the deadline for reply briefs from Aug. 20, 2024 to Sept. 18, 2024. Amazon.com is engaged in e-commerce, cloud computing, online advertising, digital streaming, and artificial intelligence. A copy of the Parties' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=1BQAXu at no extra charge.[CC] The Plaintiffs are represented by: Michael C. Subit, Esq. FRANK FREED SUBIT & THOMAS LLP 705 Second Avenue, Suite 1200 Seattle, WA 98104-1729 Telephone: (206) 682-6711 Facsimile: (206) 682-0401 E-mail: msubit@frankfreed.com - and - Shannon Liss-Riordan, Esq. Harold L. Lichten, Esq. Jeremy Abay, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Telephone: (617) 994-5800 Facsimile: (617) 994-5801 E-mail: sliss@llrlaw.com hlichten@llrlaw.com jabay@llrlaw.com The Defendants are represented by: Andrew DeCarlow, Esq. Richard G. Rosenblatt, Esq. James P. Walsh, Esq. Michael E. Kenneally, Esq. John S. Battenfeld, Esq. Max C. Fischer, Esq. Brian D. Fahy, Esq. MORGAN, LEWIS & BOCKIUS LLP 1301 Second Avenue, Suite 3000 Seattle, WA 98101 Telephone: (206) 274-6400 Facsimile: (206) 274-6401 E-mail: andrew.decarlow@morganlewis.com richard.rosenblatt@morganlewis.com james.walsh@morganlewis.com michael.kenneally@morganlewis.com jbattenfeld@morganlewis.com max.fischer@morganlewis.com brian.fahy@morganlewis.com AMERICAN HONDA: Cadena Suit Seeks to Certify Classes ---------------------------------------------------- In the class action lawsuit captioned as KATHLEEN CADENA, et al., v. AMERICAN HONDA MOTOR COMPANY, INC., Case No. 2:18-cv-04007-MWF-MAA (C.D. Cal.), the Plaintiffs asks the Court to enter an order certifying multiple statewide classes of consumers pursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure. The Plaintiffs include Roxana Cardenas, Matthew Villanueva, James Adams, Peter Watson, Vincent Liem, Ann Hensley, Craig DuTremble, Susan McGrath, Robert Morse, Joseph Russell, and Larry Fain The Plaintiffs request certification of statewide classes defined as follows: California class: All persons who purchased a new Class Vehicle from a Honda-authorized dealership in California. Florida class: All persons who purchased a new Class Vehicle from a Hondaauthorized dealership in Florida. New York class: All persons who purchased a new Class Vehicle from a Honda-authorized dealership in New York. Ohio class: All persons who purchased a new Class Vehicle from a Hondaauthorized dealership in Ohio. North Carolina class: All persons who purchased a new Class Vehicle from a Honda-authorized dealership in North Carolina. New Jersey Class: All persons who purchased a new Class Vehicle from a Honda-authorized dealership in New Jersey. Arizona class: All persons who purchased a new Class Vehicle from a Honda authorized dealership in Arizona. Massachusetts class: All persons who purchased a new Class Vehicle from a Honda-authorized dealership in Massachusetts. Class Vehicles For each statewide class, Plaintiffs request that the term "Class Vehicle" be defined as "any model year 2017-2019 Honda CR-V or model year 2018-2020 Honda Accord, excluding vehicles designated as 'Fleet' orders in Honda's sales data." The Plaintiffs request that the following persons and claims be excluded from each statewide class: Honda Motor Company and American Honda Motor Company; any affiliate, parent, or subsidiary of Honda; any entity in which Honda has a controlling interest; any officer, director, or employee of Honda; any successor or assign of Honda; anyone employed by counsel in this action; any judge to whom this case is assigned and his or her spouse; members of the judge’s family as defined in Canon 3C(3)(a) of the Code of Conduct for United States Judges; members of the judge’s staff; and any claims for personal injury, property damage, or subrogation The Class Representatives Plaintiffs request that the Court appoint the following representatives for each class: California class: Plaintiffs Roxana Cardenas and Matthew Villanueva. Florida class: Plaintiff James Adams. New York class: Plaintiff Peter Watson. Ohio class: Plaintiff Vincent Liem. North Carolina class: Plaintiffs Ann Hensley and Craig DuTremble. New Jersey Class: Plaintiff Susan McGrath. Arizona class: Plaintiff Robert Morse. Massachusetts class: Plaintiff Joseph Russell. Iowa class: Plaintiff Larry Fain. The Plaintiffs request that the Court also seeks to appoint Interim Class Counsel, Gibbs Law Group LLP and Greenstone Law APC, to represent the certified classes pursuant to Rule 23(g). A copy of the Plaintiffs' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=chzVUf at no extra charge.[CC] The Plaintiffs are represented by: Eric H. Gibbs, Esq. David Stein, Esq. Steven Lopez, Esq. GIBBS LAW GROUP LLP 1111 Broadway Street, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 E-mail: ehg@classlawgroup.com ds@classlawgroup.com sal@classlawgroup.com - and - Mark S. Greenstone, Esq. GREENSTONE LAW APC 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9156 Facsimile: (310) 201-9160 E-mail: mgreenstone@greenstonelaw.com AMERIT FLEET: Faces Jimenez Class Action Lawsuit in N.D. Calif. --------------------------------------------------------------- A class action lawsuit has been filed against Amerit Fleet Solutions, Inc. The case is captioned as Angel Jimenez, on behalf of himself and all others similarly situated v. Amerit Fleet Solutions, Inc., Case No. 3:24-cv-03315-MMC (N.D. Cal., June 3, 2024). The nature of suit states Diversity-Personal Injury. The case is assigned to the Hon. Judge Maxine M. Chesney. Amerit provides fleet maintenance and management services.[BN] The Plaintiff is represented by: Andrew Gerald Gunem, Esq. STRAUSS BORRELLI PLLC One Magnificent Mile 980 N. Michigan Avenue, Suite 1610 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 E-mail: agunem@straussborrelli.com ARKANSAS: Williams Sues Over Violation of Constitutional Rights --------------------------------------------------------------- DENARIUS WILLIAMS, individually, and on behalf of his minor children, D.W. and J.W., and all others similarly situated, Plaintiffs v. CHARLIE COLLARD, in his individual, and official capacity as a police officer for the City of Osceola, Arkansas; JUSTIN FAULKNER, in his individual, and official capacity as a police officer for the City of Osceola; MICHAEL GONZALAZ, JOHN DOES 1-10, Defendants, Case No. 3:24-cv-00113-LPR (E.D. Ark., June 26, 2024) is a class action against the Defendants for violation of constitutional rights. The case arises from the Defendant's deprivation of the Plaintiff's constitutional rights, as allowed under 42 U.S.C. 1983, as well as for his minor children, D.W. and J.W. The Plaintiff was deprived of his right to be free from excessive and, an arrest compliant with Americans with Disabilities Act of 1990 and Section 504 of Rehabilitation Act of 1973. As a direct and proximate cause of the Defendant's acts and omissions, the Plaintiff has suffered severe mental and emotional distress, physical pain, incurred medical bills, and will incur medical bills in the future, and incurred other damages might be proven to trial, says the suit. [BN] The Plaintiffs are represented by: Luther Sutter, Esq. Lucien R. Gillham, Esq. SUTTER & GILLHAM, P.L.L.C. 1501 N. Pierce, Ste. 105 Little Rock, AR 72207 Telephone: (501) 315-1910 Facsimile: (501) 315-1916 Email: Luther.sutterlaw@gmail.com Lucien.gillham@gmail.com ASR GROUP: Faces Ulery Suit Over Price Fixing of Granulated Sugar ----------------------------------------------------------------- DAVID ULERY, on behalf of himself and all others similarly situated, Plaintiff v. ASR GROUP INTERNATIONAL, INC., AMERICAN SUGAR REFINING, INC., DOMINO FOODS, INC., MICHIGAN SUGAR COMPANY, UNITED SUGAR PRODUCERS & REFINERS COOPERATIVE F/K/A UNITED SUGARS CORPORATION, COMMODITY INFORMATION, INC., and RICHARD WISTISEN, Defendants, Case No. 0:24-cv-02480 (D. Minn., June 26, 2024) is a class action against the Defendants for violations of the antitrust laws of the United States and the consumer protection laws of various states. The case arises from the Defendants' unlawful agreement to artificially raise, fix, maintain, or stabilize prices of granulated sugar throughout the Class Period. The Defendants have implemented their agreement by sharing accurate, competitively sensitive, non-public information with one another, including through Commodity. Commodity provided this reciprocal information to the Defendants rapidly, often within hours of having received it. The Defendants then used the information they received from Commodity when deciding how much to charge for their products, the suit says. ASR Group International, Inc. is a global producer and seller of granulated sugar based in West Palm Beach, Florida. American Sugar Refining, Inc. is a sugar producer based in West Palm Beach, Florida. Domino Foods, Inc. is a marketing and sales subsidiary of ASR Group in Florida. United Sugar Producers & Refiners Cooperative, formerly known as United Sugars Corporation, is a marketing cooperative based in Edina, Minnesota. Michigan Sugar Company is a cooperative of sugar beet owners, headquartered in Bay City, Michigan. Commodity Information, Inc. is corporation based in Orem, Utah. [BN] The Plaintiff is represented by: Michelle C. Clerkin, Esq. SPIRO HARRISON & NELSON 1111 Lincoln Road, Suite 500 Miami Beach, FL 33139 Telephone: (786) 841-1181 Facsimile: (973) 232-0887 Email: mclerkin@shnlegal.com - and - Rachel Dapeer, Esq. DAPEER LAW, P.A. 20900 NE 30th Avenue, #417 Aventura, FL 33180 Telephone: (954) 799-5914 Email: rachel@dapeer.com BAAR PRODUCTS: Website Inaccessible to Blind Users, Karim Says -------------------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. Baar Products, Inc., Defendant, Case No. 1:24-cv-04784 (S.D.N.Y., June 24, 2024) is a civil rights action against Baar Products for their failure to design, construct, maintain, and operate their website, https://www.baar.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff Karim has made numerous attempts to complete a purchase on Baar.com. Firstly, she tried to purchase a soap bar on April 11, 2024, and then she tried again on April 12, 2024. All these times she was unable to complete the purchase independently because of the many access barriers on Defendant's website. These access barriers have caused Baar.com to be inaccessible to, and not independently usable by, blind and visually-impaired persons, says the Plaintiff. Because Defendant's website is not equally accessible to blind and visually-impaired consumers, it allegedly violates the ADA. The Plaintiff seeks a permanent injunction to cause a change in BuyMeBeauty's policies, practices, and procedures to that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination, the suit asserts. Baar Products, Inc. manufactures natural health and beauty products.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Tel: (347) 941-4715 E-mail: Glevyfirm@gmail.com BIANCHI'S CONSTRUCTION: Vargas Sues Over Unpaid Wages, Retaliation ------------------------------------------------------------------ JULIAN VARGAS, on behalf of himself and other similarly situated individuals, Plaintiff v. BIANCHI'S CONSTRUCTION AND REMODELING L.L.C., Defendant, Case No. 8:24-cv-01514 (M.D. Fla., June 24, 2024) is an action to recover money damages for unpaid wages and retaliatory conduct under the Fair Labor Standards Act and Section 440.205 of the Florida Statutes. The Plaintiff alleges that the Defendant willfully and intentionally refused to pay him all of his full minimum and overtime wages required by law. He complained about his unpaid wages to the Defendant on multiple occasions. Some of the motivating factors, which caused his discharge, were the complaints seeking the payment of wages from the Defendant, says the Plaintiff. The Plaintiff was employed by the Defendant as a project manager/driver from approximately July 1, 2023 until his wrongful termination on March 29, 2024. Bianchi's Construction and Remodeling L.L.C. is a family owned and operated roofing and remodeling company.[BN] The Plaintiff is represented by: Julisse Jimenez, Esq. THE SAENZ LAW FIRM, P.A. 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 482-1475 E-mail: julisse@legalopinionusa.com BLOOMINGTON, IL: Court Directs Discovery Plan Filing in Woods Suit ------------------------------------------------------------------ In the class action lawsuit captioned as Woods v. Bloomington et al., Case No. 1:24-cv-01211-MMM-JEH (C.D. Ill.), the Hon. Judge Jonathan E. Hawley entered a standing order as follows: -- Rule 16 scheduling conference The Court will set a Rule 16 scheduling conference approximately 30 days after the answer or other responsive pleading is filed. The conference will generally be conducted by telephone. -- Discovery plan The discovery plan shall be filed with the Court at least three calendar days before the Rule 16 scheduling conference. -- Waiver of the Rule 16 scheduling conference If the parties agree on all matters contained in the discovery plan, then the parties may waive the Rule 16 scheduling conference. To do so, the parties shall indicate in the discovery that the parties agree upon all maters contained within the discovery plan, and they request that the Rule 16 scheduling conference be cancelled. -- Failure of counsel to attend a scheduled telephone hearing For the convenience of counsel, the Court conducts most hearings by telephone when possible. Counsel's failure to appear for a telephone hearing will be treated as a failure of counsel to appear for an in-person hearing. -- Discovery disputes brought to the Court's attention after the discovery deadline has already passed The parties may not raise a discovery dispute with the Court after the relevant discovery deadline has passed; all discovery disputes must be brought to the Court's attention before the relevant discovery deadline passes. Any discovery disputes raised with the Court after the expiration of the relevant discovery deadline shall be deemed waived by the Court, even if the parties agreed to conduct discovery after the relevant discovery deadline has passed. If the parties agree to conduct discovery after the expiration of a deadline set by the Court, they must still file a motion requesting that the Court move that deadline as agreed by the parties in order to avoid any subsequent discovery disputes being deemed waived. -- Settlement conferences and mediation The parties are encouraged to seek a settlement conference or mediation with a magistrate judge. Where parties request a settlement conference or mediation in a case referred to Judge Hawley, Judge Hawley will conduct said conference or mediation. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=7Uzhge at no extra charge.[CC] BUYMEBEAUTY INC: Website Inaccessible to Blind, Karim Says ---------------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. BuyMeBeauty, Inc., Defendant, Case No. 1:24-cv-04785 (S.D.N.Y., June 24, 2024) is a civil rights action against BuyMeBeauty for their failure to design, construct, maintain, and operate their website, https://www.buymebeauty.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff Karim has made numerous attempts to complete a purchase on Buymebeauty.com. Firstly, she tried to purchase a powder blush on April 11, 2024, and then she tried again on April 12, 2024. All these times she was unable to complete the purchase independently because of the many access barriers on Defendant's website. These access barriers have caused Buymebeauty.com to be inaccessible to, and not independently usable by, blind and visually-impaired persons, says the Plaintiff. Because Defendant's website is not equally accessible to blind and visually-impaired consumers, it allegedly violates the ADA. The Plaintiff seeks a permanent injunction to cause a change in BuyMeBeauty's policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination, the suit asserts. BuyMeBeauty, Inc. offers discontinued and discounted makeup and beauty products.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Tel: (347) 941-4715 E-mail: Glevyfirm@gmail.com CENCORA INC: Mishandles Personal Medical Info, Lopez Suit Says -------------------------------------------------------------- MARGIE LOPEZ, on behalf of herself and all others similarly situated v. CENCORA, INC., a Delaware corporation; and DOES 1 through 100, inclusive, Case No. CVRI2403162 (Cal. Super., Riverside Cty., June 6, 2024) is a class action suit brought on behalf of the Plaintiff and a putative class defined as all citizens of the State of California who provided their personal medical information to Defendants and/or their partner health plans on or before June 30, 2022, and who received notices from Defendants that their information was compromised ("Breach Victims") under the Confidentiality of Medical Information Act. As alleged, the Defendants created, maintained, preserved, and stored Plaintiff's and the Class members' personal medical information onto the Defendant's computer network prior to February 21, 2024. Due to Defendant's mishandling of personal medical information recorded onto the Defendants' computer network, there was an unauthorized release of Plaintiff's and the Class members' confidential medical information that occurred on or about February 21, 2024, in violation of Civil Code section 56.101. The Defendants also allegedly failed to maintain proper measures to detect hacking and intrusion. According to its notice to affected customers, "On February 21, 2024, Cencora learned that data from its information systems had been exfiltrated," says the suit. Cencora, formerly known as AmerisourceBergen, is an American drug wholesale company and a contract research organization that was formed by the merger of Bergen Brunswig and AmeriSource in 2001.[BN] The Plaintiff is represented by: Mark D. Potter, Esq. James M. Treglio, Esq. POTTER HANDY LLP 100 Pine St., Ste 1250 San Francisco, CA 94111 Telephone: (415) 534-1911 Facsimile: (888) 422-5191 E-mail: mark@potterhandy.com jimt@potterhandy.com COLGATE-PALMOLIVE: Parties Seek Expert Disclosure Extension ----------------------------------------------------------- In the class action lawsuit captioned as Amy Schneider and Erika Opgenorth, v. Colgate-Palmolive Company and CP Skin Health Group, Inc., Case No. 5:22-cv-01294-DNH-TWD (N.D.N.Y.), the Parties ask the Court to enter an order, consistent with Judge Welsh's recommendation, that Plaintiffs' expert disclosure deadline be extended to 90 days after the conclusion of mediation, and that subsequent deadlines be extended commensurately (as shown in the chart below), to avoid either Party from having to incur significant costs which may hinder or prevent a potential settlement. The current deadlines, along with the requested extended deadlines, are as follows: Deadline per Requested May 10, 2024 Text Extended Order [ECF No. 45] Deadline Plaintiffs' expert Oct. 17, 2024 Dec. 23, 2024 disclosure Defendants' expert Nov. 29, 2024 Feb. 3, 2025 disclosure Rebuttal expert Dec. 30, 2024 March 3, 2025 disclosure Discovery to be Jan. 31, 2025 April 3, 2025 completed Class Certification March 14, 2025 May 16, 2025 and Rule 702 Motions Colgate-Palmolive specializes in the production, distribution, and provision of household, health care, personal care, and veterinary products. A copy of the Parties' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3J7Kgw at no extra charge.[CC] The Plaintiffs are represented by: Robert Abiri, Esq. CUSTODIO & DUBEY, LLP 445 S. Figueroa Street, Suite 2520 Los Angeles, CA 90071 Telephone: (213) 593-9095 Facsimile: (213) 785-2899 E-mail: abiri@cd-lawyers.com - and - Benjamin Heikali, Esq. TREEHOUSE LAW, LLP 10250 Constellation Blvd, Suite 100 Los Angeles, CA 90067 Telephone: (310) 751-5928 E-mail: bheikali@treehouselaw.com The Defendants are represented by: Nilda M. Isidro, Esq. Keith E. Smith, Esq. Jaclyn DeMais, Esq. GREENBERG TRAURIG, LLP One Vanderbilt Avenue New York, NY 10017 Telephone: (212) 801-9200 Facsimile: (212) 801-6400 E-mail: nilda.isidro@gtlaw.com smithkei@gtlaw.com demaisj@gtlaw.com DOCTOR APPLIANCE: Fails to Pay Repair Techs' OT Wages Under FLSA ---------------------------------------------------------------- KENNETH MORTON, Individually, and on behalf of himself and others similarly situated v. DOCTOR APPLIANCE, LLC and JONATHAN LIEBOVITCH, Individually, Case No. 4:24-cv-00049 (E.D. Tenn., June 26, 2024) sues the Defendants for failing to pay the Plaintiff and those similarly situated for all hours worked over 40 per week within weekly pay periods at the rate of one and one-half times their regular hourly rates of pay, pursuant to the Fair Labor Standards Act. This lawsuit is brought against the Defendants as a multi-plaintiff action under the FLSA, to recover unpaid overtime compensation owed to the Plaintiff and other similarly situated repair techs who are currently or previously employed by the Defendants during all times material. The Defendants' scheme of failing to compensate the Plaintiff and similarly situated employees for all their compensable overtime wages was to save payroll costs and payroll taxes, all for which they have unjustly enriched themselves and enjoyed ill gained profits at the expense of the Plaintiff and those similarly situated, the Plaintiff alleges. The Plaintiff and potential plaintiffs are therefore entitled, and seek, to recover compensation from the Defendants for unpaid overtime compensation as required by the FLSA, and an additional amount as liquidated damages, together with interest, costs, and reasonable attorney's fees. The Plaintiff and other similarly situated repair techs were classified as exempt from receiving overtime compensation. The primary work duties and activities of Plaintiff and those similarly situated were to repair appliances for Defendants' customers. Therefore, they did not qualify as exempt from overtime compensation under the FLSA, says the suit. Doctor is an appliance repair business in the Tullahoma, Tennessee area.[BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. J. Joseph Leatherwood IV, Esq. Joshua Autry JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com jbryant@jsyc.com jleatherwood @jsyc.com jautry@jsyc.com FEW MODA: Karim Sues Over Blind-Inaccessible Website ---------------------------------------------------- JESSICA KARIM, on behalf of herself and all others similarly situated, Plaintiff v. Few Moda, Inc., Defendant, Case No. 1:24-cv-04786 (S.D.N.Y., June 24, 2024) is a civil rights action against BuyMeBeauty for their failure to design, construct, maintain, and operate their website, https://www.fewmoda.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff Karim has made numerous attempts to complete a purchase on Fewmoda.com. Firstly, she tried to purchase a dress on April 11, 2024, and then she tried again on April 12, 2024. All these times she was unable to complete the purchase independently because of the many access barriers on Defendant's website. These access barriers have caused Fewmoda.com to be inaccessible to, and not independently usable by, blind and visually-impaired persons, says the Plaintiff. Because Defendant's website is not equally accessible to blind and visually-impaired consumers, it allegedly violates the ADA. The Plaintiff seeks a permanent injunction to cause a change in BuyMeBeauty's policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination, the suit contends. Few Moda, Inc. is an online wholesale fashion marketplace for women.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Tel: (347) 941-4715 E-mail: Glevyfirm@gmail.com FINANCIAL BUSINESS: Soto Data Breach Suit Transferred to E.D. Pa. ----------------------------------------------------------------- The case styled CYNTHIA SOTO v. FINANCIAL BUSINESS AND CONSUMER SOLUTIONS, INC., Case No. 1:24-cv-04724, was transferred from the United States District Court for the Northern District of Illinois to the United States District Court for the Eastern District of Pennsylvania on June 25, 2024. The Clerk of Court for the Eastern District of Pennsylvania assigned Case No. 2:24-cv-02778-NIQA to the proceeding. As previously reported in the Class Action Reporter, the class action seeks redress for the Defendant's conduct leading up to, surrounding, and following a data vulnerability and breach incident that exposed the personally identifiable information of hundreds of thousands of their customers. The Plaintiff is represented by: Bryan Paul Thompson, Esq. CHICAGO CONSUMER LAW CENTER, P.C. 650 Warrenville Road, Suite 100 Lisle, IL 60532 Telephone: (312) 858-3239 E-mail: bryan.thompson@cclc-law.com The Defendant is represented by: Devin Franklin James Haymond, Esq. BAKERHOSTETLER 1 N Wacker Dr., Suite #4500 Chicago, IL 60606 Telephone: (312) 416-8175 FONTAINEBLEAU FLORIDA: Settlement in McDowell Gets Initial Nod -------------------------------------------------------------- In the class action lawsuit captioned as CARA MCDOWELL, individually and on behalf of all others similarly situated, v. FONTAINEBLEAU FLORIDA HOTEL, LLC, Case No. 1:23-cv-22042-DPG (S.D. Fla.), the Hon. Judge Darrin Gayles entered a preliminary approval order as follows: 1. Class Certification for Settlement Purposes Only. The Settlement Agreement provides for a Settlement Class defined as follows: "All individuals in the United States who were impacted by the Data Incident, including all who were sent a notice of the Data Incident that occurred on or around August 30 to September 2, 2022." Excluded from the Settlement Class are (i) all persons who are employees, directors, officers, and agents of Fontainebleau; (ii) the judge assigned to the Action and to evaluate the fairness, reasonableness, and adequacy of this Settlement, and that judge’s immediate family and Court staff; and (iii) any other Person found by a court of competent jurisdiction to be guilty under criminal law of perpetrating, aiding, or abetting the criminal activity occurrence of the Data Incident or who pleads nolo contendere to any such charge." 2. Proposed Settlement Class Representative and Settlement Class Counsel. The Court finds that Plaintiff Cara McDowell will likely satisfy the requirements of Rule 23(e)(2)(A) and should be appointed as the Class Representative. Additionally, the Court finds that Mason A. Barney and Tyler J. Bean of Siri & Glimstad LLP will likely satisfy the requirements of Rule 23(e)(2)(A) and should be appointed as Class Counsel pursuant to Rule 23(g)(1). 3. Preliminary Settlement Approval. Upon preliminary review, the Court finds the Settlement is fair, reasonable, and adequate to warrant providing notice of the Settlement to the Settlement Class and accordingly is preliminarily approved. Fontainebleau owns and operates a hotel. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=og1Nqw at no extra charge.[CC] FREESTYLE BRANDS: Website Not Fully Blind-Accessible, Murray Says ------------------------------------------------------------------ WARNER MURRAY, on behalf of himself and all others similarly situated, Plaintiff v. Freestyle Brands, LLC, Defendant, Case No. 1:24-cv-04780 (S.D.N.Y., June 24, 2024) is a civil rights action against Freestyle Brands for their failure to design, construct, maintain, and operate their website, https://www.freestyleusa.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. According to the complaint, the Plaintiff encountered numerous obstacles on Freestyleusa.com automatic pop-ups. These obstacles can significantly disorient legally blind customers. The Plaintiff had difficulty in determining when the automatic change in visual context occurred on the website. Thus, Freestyle Brands has inaccessible design that deprives the Plaintiff and blind customers of the opportunity to make purchases on Freestyleusa.com on their own, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Freestyle Brands' policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination, the suit asserts. Freestyle Brands, LLC is a Lewisville, Texas-based company that offers a wide range of watches, smart straps, and accessories for various devices.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Tel: (347) 941-4715 E-mail: Glevyfirm@gmail.com GARVIES POINT: Faces Jimenez Wage-and-Hour Suit in E.D.N.Y. ----------------------------------------------------------- BLANCA LORENA REYES JIMENEZ, individually and on behalf of all others similarly situated, Plaintiff v. GARVIES POINT BAGEL CORP. d/b/a BRENDEL'S BAGELS & EATERY OF NEW YORK and CRAIG BERESID and STACY BERESID, as individuals, Defendants, Case No. 2:24-cv-04449 (E.D.N.Y., June 24, 2024) seeks to recover damages for Defendants' egregious violations of the Fair Labor Standards Act, the New York Labor Law, and the New York State Human Rights Law arising from Plaintiff's employment with the Defendants. The Plaintiff was employed by the Defendants as a cook, while performing related miscellaneous duties for the Defendants, from April 2020 until December 2023. She alleges the Defendants' failure to pay minimum and overtime wages, failure to provide wage statements, failure to furnish written wage notice, and engagement in discriminatory conduct on the basis of her disability. Garvies Point Bagel Corp. is a bagel shop based in Hauppauge, New York.[BN] The Plaintiff is represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, P.C. 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Telephone: (718) 263-9591 GOLDEN ROSELEAF: Fails to Pay Minimum, OT Wages, Hernandez Alleges ------------------------------------------------------------------ MICHELLE HERNANDEZ and AMANDA MAGUIRE, on behalf of themselves and all others similarly situated v. GOLDEN ROSELEAF LLC, a California limited liability company; GOLDEN ROSELEAF GARDENS OPCO LLC, a California limited liability company; GOLDEN ROSELEAF OROVILLE OPCO LLC, a California limited liability company; CONSOLIDATED CAREHOMES, INC., a California corporation; and DOES 1 through 100, inclusive, Case No. 24CV02130 (Cal. Super., June 26, 2024) alleges that the Defendants regularly failed to pay the Plaintiffs and other non-exempt employees for all hours worked, including minimum wages, overtime wages, and/or double-time wages. Allgedly, the Plaintiffs and other non-exempt employees frequently were unable to take 30-minute, off-duty meal periods. Nonetheless, the Defendants would either require employees to clock out for a 30-minute meal period despite knowing that the employee had not taken a meal period, and/or would deduct "breaks" from employees' time records, the Plaintiffs contend. In addition, the Plaintiffs would often work beyond their scheduled hours without compensation, as the Defendants would simply not pay for this time or would modify their time records to delete time worked that was not scheduled. These practices have resulted in further underpaid overtime and double-time wages, the lawsuit says. Plaintiff Hernandez worked for the Defendants as a non-exempt employee at its Roseleaf Gardens facility in Chico, CA from September 2022 to Aug. 5, 2023, when Hernandez transferred to the Defendants' Oroville facility. Hernandez worked for Defendants as a non-exempt employee at the Oroville facility from on or about Aug. 7, 2023 until Feb. 26, 2024. Plaintiff Maguire worked for the Defendants as a non-exempt employee at Defendants' Oroville facility from March 2023 until February 2024. GOLDEN ROSELEAF LLC is a California-based corporation.[BN] The Plaintiffs are represented by: Tuvia Korobkin, Esq. Alex Purcell, Esq. MARQUEE LAW GROUP 9100 Wilshire Boulevard, Suite 445 East Tower Beverly Hills, CA 90212 Telephone: (310) 275-1844 Facsimile: (310) 275-1801 E-mail: tuvia@marqueelaw.com alex@marqueelaw.com GOSHT INC: Chorna Sues Over Restaurant Staff's Unpaid Wages ----------------------------------------------------------- Daria Chorna, Anzhela Akhtiamova, Bhruz Normatov, Rostam Zakiev, and Yuliya Shevchenko, on behalf of themselves and others similarly situated in the proposed FLSA Collective Action, Plaintiffs v. Gosht Inc., and Abdurashid Iminov, Defendants, Case No. 1:24-cv-04455 (E.D.N.Y., June 24, 2024) arises from the Defendants' alleged unlawful conduct in violation of the Fair Labor Standards Act, the New York State Labor Law, and NYLL's Wage Theft Prevention Act. The complaint alleges the Defendants' failure to pay minimum and overtime wages, failure to pay spread-of-hours compensation, failure to provide wage notices, failure to furnish wage statements, and engagement in unlawful deductions from tips. The Plaintiffs were employed by the Defendants as restaurant workers in Brooklyn, New York. Gosht Inc. is engaged in the restaurant business.[BN] The Plaintiffs are represented by: Joshua Levin-Epstein, Esq. Jason Mizrahi, Esq. LEVIN-EPSTEIN & ASSOCIATES, P.C. 60 East 42nd Street, Suite 4700 New York, NY 10165 Tel: (212) 792-0046 E-mail: Joshua@levinepstein.com H.M. ELECTRONICS: Santillan Seeks Unpaid Wages Under Labor Code --------------------------------------------------------------- YURITZY SANTILLAN and BRENDA MAYA, individually, and on behalf of other similarly situated employees v. H.M. ELECTRONICS INC., HME HOSPITALITY and SPECIALTY COMMUNICATIONS, INC., and DOES 1 through 25, inclusive, Case No. 24CV078729 (Calif. Super., Alameda Cty., June 6, 2024) is a class action seeking to recover damages on behalf of Plaintiffs and all current and former hourly-paid and/or non-exempt employees who worked for Defendants under the California Labor Code. The Plaintiffs allege that Defendants hired Plaintiffs and Class Members but failed to: -- properly pay them all wages owed for all time worked (including minimum wages, straight time wages, and overtime wages), -- provide them with all meal periods and rest periods and associated premium wages to which they were entitled, -- timely pay them all wages due uring their employment, -- timely pay them all wages due upon termination of their employment, -- provide them with accurate itemized wage statements, and -- reimburse them for necessary business expenses. The Plaintiffs are employees of the Defendants. Ms. Santillan orked for Defendants from November 2017 through November 2023 as a Technical Support Representative. Ms. Aya has worked for the Defendants since approximately August 2019 as a Machine Operator. H. M. Electronics manufactures wireless communications equipment. The Company offers drive-thru headset systems such as dig.[BN] The Plaintiff is represented by: Jonathan M. Genish, Esq. Miriam Schimmel, Esq. Joana Fang, Esq. Alexandra Rose, Esq. Jared C. Osborne, Esq. BLACKSTONE LAW, APC 8383 Wilshire Boulevard, Suite 745 Beverly Hills, CA 90211 Telephone: (310) 622-4278 Facsimile: (855) 786-6356 E-mail: mschimmel@blackstonepc.com jfang@blackstonepc.com arose@blackstonepc. com josborne@blackstonepc.com HARRIS PHARMACEUTICAL: Albrigo Alleges Acne Products' False Ads --------------------------------------------------------------- LAURA WILLIS ALBRIGO, individually and on behalf of all others similarly situated, Plaintiff v. HARRIS PHARMACEUTICAL, INC. Defendant, Case No. 3:24-cv-01098-BEN-MSB (S.D. Cal., June 25, 2024) is a class action lawsuit against the Defendant regarding the manufacturing, distribution, advertising, marketing, and sale of Harris branded benzoyl peroxide ("BPO") acne treatment product (the "BPO Product") that contains and/or degrades to form dangerously unsafe levels of benzene, a known human carcinogen. According to the complaint, the Plaintiff and Class Members purchased the BPO Product with the expectation that the product was safe, including free of carcinogens that are not listed on the label. Because the Defendant sold products to consumers that contain dangerous levels of benzene and degrade to form benzene, Plaintiff and the Class Members were deprived of the benefit of their bargain. As a result of Defendant's misconduct and consumer deception, the Plaintiff, the Class, and the public, have been economically harmed. Plaintiff would not have purchased the BPO Product or would have paid less for it, had she known the truth, says the suit. Harris Pharmaceutical, Inc. is a pharmaceutical company. The Company develops and manufactures generic prescription medications for the treatment of dermatological conditions. [BN] The Plaintiff is represented by: Adam M. Apton, Esq. LEVI & KORSINSKY LLP 445 South Figueroa Street, 31st Floor Los Angeles, CA 90071 Telephone: (415) 373-1671 Facsimile: (415) 484-1294 Email: aapton@zlk.com IDAHO: Bonning Suit Seeks to Certify Rule 23 Class -------------------------------------------------- In the class action lawsuit captioned as Amy Rose Bonning, v. MATTHEW Clifford (ADA SHERIFF), DIRECTOR JOSH TEWAIT, IDAHO Dept. of CORRECTIONS, AND GOVERNOR BRAD LITTIE, Case No. 1:24-cv-00249-BLW (D. Idaho), the Plaintiff asks the Court to enter an order granting her motion to certify class under Federal Rule of Civil Procedure 23. A copy of the Plaintiff's motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=lruAKF at no extra charge.[CC] INSOMNIA COOKIES: Seeks More Time to File Class Cert Bid Opposition ------------------------------------------------------------------- In the class action lawsuit captioned as MICHAEL WILLIAMS and JONN GIBSON, on their own behalf and on behalf of others similarly situated, v. INSOMNIA COOKIES, LLC d/b/a INSOMNIA COOKIES and SERVE U BRANDS, INC, Case No. 4:23-cv-00669-HEA (E.D. Mo.), the Defendants ask the Court to enter an order extending the deadline for them to file their response in opposition to Plaintiff's motion for conditional collective certification, for 14 days, up to and including July 22, 2024, and extending Plaintiff's deadline to reply from July 22, 2024 to Aug. 5, 2024. The requested 14-day extension would allow for more time for the parties to resolve the pending motion without need for further briefing. On May 31, 2024, the Plaintiff filed a motion for conditional collective certification of a Fair Labor Standards Act Collective. The parties have since engaged in further negotiations and have reached an agreement in principle as to the scope of the conditionally certified collective action. However, the parties still need to reach agreement on a few ancillary issues. Unfortunately, the July Fourth holiday and its related closures have presented an obstacle to the parties reaching full agreement prior to the July 8, 2024 deadline. Insomnia is a chain of bakeries primarily in the United States that specializes in delivering warm cookies, baked goods, and ice cream. A copy of the Defendants' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=8RoqA0 at no extra charge.[CC] The Defendants are represented by: Douglas J. Klein, Esq. Noel P. Tripp, Esq. Christian M. Mercado, Esq. Andrew D. Kinghorn, Esq. JACKSON LEWIS P.C. 666 Third Avenue, 28th Floor New York, NY 10017 Telephone: (212) 545-4000 E-mail: Douglas.Klein@jacksonlewis.com Noel.Tripp@jacksonlewis.com Christian.Mercado@jacksonlewis.com Andrew.Kinghorn@jacksonlewis.com J.R. PUTMAN: Faces Rowe Class Action Lawsuit in California ---------------------------------------------------------- A class action lawsuit has been filed against J.R. PUTMAN INC. The case is captioned as ROWE vs. J.R. PUTMAN INC., Case No. 24CV010944 (Cal. Super., June 3, 2024). The suit is brought over alleged employment law violation. The case is assigned to the Hon. Judge Jill H. Talley. J.R. is a provider of heating, cooling, and solar.[BN] JAMES LEBLANC: Third Amended Scheduling Order Entered ------------------------------------------------------ In the class action lawsuit captioned as VOICE OF THE EXPERIENCED, A MEMBERSHIP ORGANIZATION ON BEHALF OF ITSELF AND ITS MEMBERS, ET AL. V. JAMES LEBLANC, ET AL., Case No. 3:23-cv-01304-BAJ-EWD (M.D. La.), the Hon. Judge Brian Jackson entered an order granting the Plaintiffs' motion to amend second amended scheduling order to extend the deadline for class certification. 1. The deadline to join other parties or to amend the pleadings is expired. 2. Plaintiffs' class certification motion due: Aug. 16, 2024. The Defendants' response due: Sept. 4, 2024. The Plaintiffs' reply brief due: Sept. 16, 2024. 3. Discovery must be completed by: Aug. 9, 2024. Parties must disclose their expert witness lists by: July 19, 2024. 4. Class certification hearing date: Sept. 19, 2024 at 1:30 P.M. in Courtroom 2. 5. Deadline to file dispositive motions and Daubert motions: Aug. 16, 2024. 6. Deadline to file pre-trial order: Aug. 30, 2024. 7. Deadline to file motions in limine: Aug. 30, 2024. Responses to motions in limine due: Sept. 13, 2024. 8. Deadline to file an affidavit of settlement efforts: Sept. 20, 2024. 9. Pre-trial conference date: Sept. 23, 2024 at 2:00 P.M. in chambers. 10. Deadline to submit proposed findings of fact and conclusions of law: Sept. 23, 2024. 11. A 5-day bench trial is set for Sept. 30, 2024, beginning each day at 8:30 A.M. in Courtroom 2. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4Vs7of at no extra charge.[CC] LEPRINO FOODS: Bid for Class Cert. in Dominguez Due May 30, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as CHRISTOPHER DOMINGUEZ, v. LEPRINO FOODS COMPANY, Case No. 1:24-cv-00371-JLT-EPG (E.D. Cal.), the Hon. Judge Erica Grosjean entered a class action scheduling conference order as follows: -- Motion for Class Certification: May 30, 2025 Opposition: Aug. 15, 2025 Reply: Sept. 12, 2025 -- Status Conference will be held on: Jan. 15, 2025 Leprino produces cheese, lactose, whey protein and sweet whey. A copy of the Court's order dated July 2, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=XV2ktK at no extra charge.[CC] LEXISNEXIS RISK: Scroggins Seeks to Seal Unredacted Reply --------------------------------------------------------- In the class action lawsuit captioned as KERRY JENNIFER SCROGGINS, v. LEXISNEXIS RISK SOLUTIONS FL INC. ("LNRS FL"), Case No. 3:22-cv-00545-MHL-SLS (E.D. Va.), the Defendant asks the Court to enter an order granting the Plaintiff's motion to seal the unredacted version of Plaintiff's Reply in Support of Plaintiff's Motion to Exclude. Accordingly, a sealing of the highlighted, confidential information in the Reply related to the Pry Report is warranted as the only practicable way to prevent harmful public disclosure of the confidential information contained therein. LNRS FL supports Plaintiff's Motion to Seal because the Reply contains and describes LNRS FL's confidential and proprietary documents, information, and procedures. Specifically, LNRS FL supports redacting the portions of the Reply that quote or characterize the report of LNRS FL's expert Carl Pry. Lexisnexis provides full service legal advice. A copy of the Defendant's motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=akI7Hb at no extra charge.[CC] The Defendant is represented by: Julie D. Hoffmeister, Esq. David N. Anthony, Esq. Ronald I. Raether, Jr., Esq. Cindy D. Hanson, Esq. Derek Schwahn, Esq. Joshua D. Davey, Esq. TROUTMAN PEPPER HAMILTON SANDERS LLP 1001 Haxall Point, 15th Floor Richmond, VA 23219 Telephone: (804) 697-1448 E-mail: david.anthony@troutman.com julie.hoffmeister@troutman.com ron.raether@troutman.com cindy.hanson@troutman.com joshua.davey@troutman.com - and - James F. McCabe, Esq. ALSTON & BIRD LLP 560 Mission Street, Suite 2100 San Francisco, CA 94105 Telephone: (415) 243-1000 E-mail: jim.mccabe@alston.com LOGIKA LLC: Faces Ray Suit Over Unlawful Labor Practices -------------------------------------------------------- DYLAN RAY, individually and on behalf of all others similarly situated, Plaintiff v. LOGIKA, LLC D/B/A FRATELLI RISTORANTE & PIZZERIA AND JOSEPH CUTRONE, Defendants, Case No. 0:24-cv-03683-CMC (D.S.C., June 25, 2024) is an action to recover minimum wage, unpaid tipped wage compensation, unauthorized deductions from wages, liquidated damages, and statutory penalties resulting from the Defendants' violations of the Fair Labor Standards Act and the South Carolina Payment of Wages Act. The Plaintiff alleges that Defendants did not pay him and similarly situated employees for all hours worked and shaved hours from their time. He asserts that Defendants did not notify him and the other employees of the restaurant's tip pool policy in advance of the employees' participation in it. He further contends that Defendants willfully, intentionally, and unlawfully retaliated against him based on his lawful complaints of overtime violations. The Plaintiff was employed by the Defendants as a server on September 28, 2022. His primary duty was to serve guests food and drinks. Logika LLC operates a restaurant that does business as Fratelli Ristorante & Pizzeria.[BN] The Plaintiff is represented by: Marybeth Mullaney, Esq. MULLANEY LAW 4900 O'Hear Ave, Suite 100 & 200 North Charleston, SC 29405 Telephone: (843) 588-5587 E-mail: marybeth@mullaneylaw.net - and - Emmanuel J. Ferguson, Sr. FERGUSON LAW AND MEDIATION, LLC 171 Church Street, Suite 160 Charleston, SC 29401 Telephone: (843) 491-4890 E-mail: emmanuel@fergusonlaborlaw.com MAINE: Class Settlement Deal in Bryan Gets Initial Nod ------------------------------------------------------ In the class action lawsuit captioned as BRYAN C., et al., v. SARA GAGNE-HOLMES in her official capacity as Acting Commissioner of the Maine Department of Health and Human Services, and BOBBI JOHNSON in her official capacity as Director of the Maine Office of Child and Family Services, Case No. 1:21-cv-00005-NT (D. Me.), the Hon. Judge Nancy Torresen entered an order granting the Parties' joint motion for preliminary approval of class action settlement agreement, provisional certification of settlement class, and approval of form and manner of class notice. The proposed class notice of settlement attached to this order is approved, and Children's Rights and Bernstein Shur are appointed as class counsel. The Clerk is directed to schedule a final approval hearing. As of December of 2023, Maine Department of Health and Human Services ("DHHS") had legal custody of approximately 2,500 children, about 500 of whom had been prescribed one or more psychotropic medication. When future foster children are factored in, the number of Class members is even higher. The numerosity requirement has been met. The case concerns the State of Maine's administration of psychotropic medication to children in its foster care system. In March of 2019, attorneys with Children's Rights, a national non-profit organization advocating for children in state systems, began an investigation of Maine's practices in this area. On Jan. 6, 2021, the Plaintiffs, through their adult Next Friends, filed a class action lawsuit against Jeanne M. Lambrew in her official capacity as Commissioner of DHHS and Todd A. Landry in his official capacity as Director of the Maine Office of Child and Family Services ("OCFS"). The Plaintiffs brought the complaint on behalf of a putative class of "all children who are or will be in DHHS foster care custody and who are or will be prescribed or administered one or more psychotropic medication[s] while in state care" (the "Class"). A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4QFBuL at no extra charge.[CC] MARATHON REFINING: Appeals Class Cert. Order in Butel Suit ---------------------------------------------------------- MARATHON REFINING LOGISTICS SERVICES, LLC is taking an appeal from a court order granting in part and denying in part the Plaintiffs' motion to certify class in the lawsuit entitled Louis Butel, Plaintiff, v. Marathon Refining Logistics Services, LLC, Defendant, Case No. 2:23-cv-04547, in the U.S. District Court for the Central District of California. As previously reported in the Class Action Reporter, the lawsuit, which was removed from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central District of California, is brought against the Defendant for violations of California Labor Code's Private Attorneys General Act and California's Unfair Competition Law. On Jan. 8, 2024, the Plaintiffs filed a motion to certify class, which the Court granted in part and denied in part through an Order entered by Judge Dale S. Fischer on June 3, 2024. The Plaintiffs' motion to certify the standby class was granted, while their motion to certify a travel time class was denied. The appellate case is captioned Butel, et al. v. Marathon Refining Logistics Services, LLC, Case No. 24-3787, in the United States Court of Appeals for the Ninth Circuit, filed on June 18, 2024. [BN] MAXIMUS EDUCATION: Faces Ackerman Class Action Suit in E.D. Va. --------------------------------------------------------------- A class action suit has been filed against Maximus Education, LLC. The suit is captioned as Ackerman v. Maximus Education, LLC, Case No. 1:24-cv-00975-MSN-WBP (E.D. Va., June 6, 2024). The case is assigned to Hon. District Judge Michael S. Nachmanoff. The suit alleges violation of the Fair Credit Reporting Act involving consumer credit.[BN] The Plaintiff is represented by: James Arthur Francis, Esq. John Soumilas, Esq. FRANCIS MAILMAN SOUMILAS, P.C. (PA-NA) 1600 Market Street, Suite 2510 Philadelphia, PA 19103 Telephone: (215) 735-8600 Facsimile: (215) 940-8000 E-mail: jfrancis@consumerlawfirm.com jsoumilas@consumerlawfirm.com - and - Leonard Anthony Bennett, Esq. CONSUMER LITIGATION ASSOCIATES 763 J Clyde Morris Boulevard, Suite 1A Newport News, VA 23601 Telephone: (757) 930-3660 Facsimile: (757) 930-3662 E-mail: lenbennett@clalegal.com MCKESSON CORPORATION: Padilla Files Suit in Cal. Super. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against McKesson Corporation. The case is styled as Faustino Adam Padilla, on behalf of himself and all others similarly situated, and the general public v. McKesson Corporation, Does 1 through 50, Inclusive, Case No. CGC24615030 (Cal. Super. Ct., San Francisco Cty., May 28, 2024). The case type is stated as "Other Non-Exempt Complaints." McKesson Corporation is a publicly-traded American company that distributes pharmaceuticals and provides health information technology, medical supplies, and health management tools.[BN] The Plaintiff is represented by: Shaun Setareh, Esq. SETAREH LAW GROUP 9665 Wilshire Blvd., Suite 430 Beverly Hills, CA 90212 Phone: 310-888-7771 Email: shaun@setarehlaw.com MCLAREN LAPEER: Fails to Pay Proper Wages, Baldwin Alleges ---------------------------------------------------------- AMY BALDWIN, individually and on behalf of all others similarly situated, Plaintiff v. MCLAREN LAPEER REGION; and MCLAREN HEALTH CARE CORPORATION, Defendant, Case No. 2:24-cv-11643-MFL-DRG (E.D. Mic., June 25, 20240) is an action against the Defendant's failure to pay the Plaintiff and the class overtime compensation for hours worked in excess of 40 hours per week. Plaintiff Baldwin was employed by the Defendants as a nurse. McLaren Lapeer Region provides medical and surgical hospital services. The facility is located in Lapeer, MI and operated by Other Not-for-Profit. [BN] The Plaintiff is represented by: Jennifer L. McManus, Esq. FAGAN MCMANUS, PC 25892 Woodward Avenue Royal Oak, MI 58067-0910 Telephone: (248) 542-6300 Email: jmcmanus@faganlawpc.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Olivia R. Beale, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 Email: mjosephson@mybackwages.com adunlap@mybackwages.com obeale@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 Email: rburch@brucknerburch.com MDL 2873: Woxen Sues Over Injury Sustained From AFFF Products ------------------------------------------------------------- LEE WOXEN and LUCINDA WOXEN, individually and on behalf of all others similarly situated, Plaintiffs v. 3M COMPANY (f/k/a Minnesota) Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY CORPORATION; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; KIDDE-FENWAL, INC.; KIDDE P.L.C.; LION GROUP, INC.; MALLORY SAFETY AND SUPPLY LLC; MINE SAFETY APPLIANCES CO., INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a GE Interlogix Inc.); W.L. GORE & ASSOCIATES INC., Defendants, Case No. 2:24-cv-03692-RMG (D.S.C., June 26, 2024) is a class action against the Defendants for negligence, battery, inadequate warning, design defect, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. The case arises from severe personal injuries sustained by the Plaintiff, Lee Woxen, as a result of his exposure to the Defendants' aqueous film forming foam (AFFF) products containing synthetic, toxic per- and polyfluoroalkyl substances collectively known as PFAS. The Defendants failed to use reasonable and appropriate care in the design, manufacture, labeling, warning, instruction, training, selling, marketing, and distribution of their PFAS-containing AFFF products and also failed to warn military and/or civilian firefighters, including Mr. Woxen, who they knew would foreseeably come into contact with their AFFF products that use of and/or exposure to the products would pose a danger to human health. Due to inadequate warning, Mr. Woxen was exposed to toxic chemicals and was diagnosed with Stage 4 prostate cancer, says the suit. The Woxen case has been consolidated in MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation. The case is assigned to the Hon. Judge Richard Gergel. 3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a multinational conglomerate corporation and designer, marketer, developer, manufacturer, distributor of firefighting equipment, including those with AFFF. It is located at 3M Center, St. Paul. Minnesota. ACG Chemicals Americas Inc. is a manufacturer of chemical products based in Exton, Pennsylvania. Allstar Fire Equipment is a fire department equipment supplier in Arcadia, California. Amerex Corporation is a manufacturer of firefighting products based in Trussville, Alabama. Archroma U.S. Inc. is a global specialty chemicals company headquartered in Charlotte, North Carolina. Arkema, Inc. is a diversified chemicals manufacturer in North America, based in King of Prussia, Pennsylvania. BASF Corporation is a chemicals manufacturer in New Jersey. Buckeye Fire Equipment Co. is a manufacturer of line of handheld and wheeled fire extinguishers, suppressing foam concentrates & hardware, and kitchen suppression systems, with principal place of business located at 110 Kings Road, Mountain, North Carolina. Carrier Fire & Security Corporation is a manufacturer of fire and security products based in Florida. Carrier Global Corporation is a heating, ventilation, and air conditioning company based in Palm Beach Gardens, Florida. Chemdesign Products, Inc. is a chemical toll manufacturing company based in Marinette, Wisconsin. Chemguard, Inc. is a manufacturer of fire suppression and specialty chemicals, including AFFF, with principal place of business located at One Stanton Street, Marinette, Wisconsin. Chemicals, Inc. is a chemical manufacturing company based in Baytown, Texas. Chemours Company FC, LLC is a manufacturer of titanium technologies, fluoroproducts and chemical solutions based in Wilmington, Delaware. Chubb Fire, Ltd is a provider of security and fire protection systems based in United Kingdom. Clariant Corp. is a specialty chemical company based in Charlotte, North Carolina. Corteva, Inc. is an American agricultural chemical and seed company based in Wilmington, Delaware. Deepwater Chemicals, Inc. is a producer of organic and inorganic iodine derivatives based in Woodward, Oklahoma. Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical company based in Wilmington, Delaware. Dynax Corporation is a company that specializes in the production of fluorochemicals based in Pound Ridge, New York. E.I Dupont De Nemours & Co. is a provider of agriculture and specialty products with its principal place of business at 1007 Market Street, Wilmington, Delaware. Fire-Dex, LLC is a provider of health & safety solutions in Ohio. Fire Service Plus Inc. is a provider of fire safety services in Georgia. Globe Manufacturing Company LLC is a manufacturer in Pittsfield, New Hampshire. Honeywell Safety Products USA, Inc. is a provider of industrial safety products in North Carolina. Kidde-Fenwal, Inc. is a subsidiary of Carrier Global Corp. Kidde PLC is a manufacturer of fire safety products based in Mebane, North Carolina. Lion Group, Inc. is a protective clothing supplier in Vandalia, Ohio. Mallory Safety and Supply LLC is a distributor of safety products and solutions, headquartered in California. Mine Safety Appliances Co., Inc. is a manufacturer of safety products based in Pennsylvania. Municipal Emergency Services, Inc. is a distributor of firefighting and emergency response equipment based in Connecticut. Nation Ford Chemical Company is a manufacturer of specialty organic chemicals based in Fort Mill, South Carolina. National Foam, Inc. is a fire protection system supplier in West Chester, Pennsylvania. The Chemours Company is a manufacturer of agricultural chemicals with principal place of business at 1007 Market Street, Wilmington, Delaware. PBI Performance Products, Inc. is a fire protection system supplier in North Carolina. Perimeter Solutions LP is a chemicals company in Missouri. Southern Mills, Inc. is a manufacturer of protective clothing fabric based in Georgia. Stedfast USA, Inc. is a producer of laminated textiles based in Tennessee. Tyco Fire Products L.P., successor-in-interest to The Ansul Company, is a manufacturer of water-based fire suppression system components and ancillary building construction products, including Ansul brand of AFFF, headquartered at One Stanton Street, Marinette, Wisconsin. United Technologies Corporation was an American multinational conglomerate headquartered in Farmington, Connecticut. It merged with the Raytheon Company in April 2020 to form Raytheon Technologies. UTC Fire & Security Americas Corporation, Inc., f/k/a GE Interlogix, Inc., is a manufacturer of security and fire control systems based in Bradenton, Florida. W.L. Gore & Associates Inc. is a global materials science company headquartered in Delaware. [BN] The Plaintiffs are represented by: Tracy A. Finken, Esq. ANAPOL WEISS One Logan Square 130 N. 18th Street, Suite 1600 Philadelphia, PA 19103 Telephone: (215) 735-1130 Email: tfinken@anapolweiss.com MEAD JOHNSON: Seutter Suit Removed From State Court to D. Minnesota ------------------------------------------------------------------- AMANDA SEUTTER, et al. v. MEAD JOHNSON NUTRITION COMPANY, Case No. 27-CV-24-7741(Filed May 3, 2024) was removed from the Fourth Judicial District of Hennepin County, Minnesota, to the United States District Court for the District of Minnesota on June 6, 2024. The District of Minnesota Court Clerk assigned Case No. 0:24-cv-02179-JRT-DJF to the proceeding. The putative class action involves several Mead Johnson infant formula products, including: Enfamil (TM) A.R. (TM), Enfamil (TM) Gentlease (TM), Enfamil (TM) Enspire(TM) Gentlease (TM), Enfamil (TM) NeuroPro (TM), Enfamil (TM) NeuroPro (TM) Sensitive, Enfamil (TM) Nutramigen (TM), and Enfamil (TM) ProSobee (TM). The Plaintiffs allege the Products contain "Heavy Metals," including arsenic, cadmium, and lead, but Mead Johnson does not disclose that on its packaging. As a result, the Plaintiffs allege Mead Johnson violated Minnesota's Unlawful Trade Practices Act, Uniform Deceptive Trade Practices Act, False Statement in Advertising Act, Prevention of Consumer Fraud Act, and breached other statutory and common law duties. The Plaintiffs also seek to maintain this lawsuit as a class action on behalf of "all persons who are residents of Minnesota who, from May 1, 2018, to the present, purchased the Infant Formulas in Minnesota for household use, and not for resale." Mead Johnson is an American company that is a leading manufacturer of infant formula, both domestically and globally, with its flagship product Enfamil. It operates as an independent subsidiary of Reckitt.[BN] The Defendants are represented by: George W. Soule, Esq. SOULE & STULL LLC 7201 Metro Boulevard, Suite 200 Edina, MN 55439 Telephone: (612) 353 6403 Facsimile: (612) 573 6484 E-mail: gsoule@soulestull.com - and - Jennifer L. Mesko, Esq. Ethan W. Weber, Esq. TUCKER ELLIS LLP 950 Main Avenue, Suite 1100 Cleveland, OH 44113-7213 Telephone: (216) 592-5000 Facsimile: (216) 592-5009 E-mail: jennifer.mesko@tuckerellis.com ethan.weber@tuckerellis.com META PIXEL: Filing for Class Cert Bid in Tax Cases Due Oct. 14 -------------------------------------------------------------- In the class action lawsuit Re Meta Pixel Tax Filing Cases, Case No. 5:22-cv-07557 (N.D. Cal., Filed Dec. 1, 2022), the Hon. Judge P. Casey Pitts entered an order adopting from the bench the parties' proposed class certification briefing schedule as follows: -- The Plaintiffs' motion for class Oct. 14, 2024 certification is due: -- Meta's opposition is due: Dec. 20, 2024 -- The plaintiffs' reply is due: Feb. 14, 2025 -- Hearing is set for: March 13, 2025 The nature of suit states Other Statutory Actions.[CC] MINNESOTA: Avila Appeals Civil Rights Suit Dismissal to 8th Cir. ---------------------------------------------------------------- ADOLFO GUTIERREZ AVILA, JR. is taking an appeal from a court order dismissing his lawsuit entitled Adolfo Gutierrez Avila, Jr., individually and on behalf of all others similarly situated, Plaintiff, v. Paul Schnell, et al., Defendants, Case No. 0:22-cv-03180-NEB, in the U.S. District Court for the District of Minnesota. The Plaintiff brought claims under 42 U.S.C. Section 1983 against several Defendants for Eighth Amendment violations while he was in the custody of the Minnesota Department of Corrections. On Aug. 15, 2023, the Plaintiff filed his first amended complaint, which the Defendants moved to dismiss on July 19, 2023. On Oct. 23, 2023, the Plaintiff filed a motion to appoint counsel. On Jan. 30, 2024, United States Magistrate Judge Douglas L. Micko filed a Report and Recommendation wherein he recommended denial of the Plaintiff's motion to further amend the complaint, saying this would be futile, and instead recommended granting of the Defendants' motion to dismiss with prejudice. Judge Micko also denied the Plaintiff's motion to appoint counsel. On Mar. 28, 2024, Judge Nancy E. Brasel accepted Judge Micko's Report and Recommendations. The Plaintiff's motion to further amend the complaint was denied. The Defendants' motion to dismiss the first amended complaint was granted. The action was dismissed with prejudice. The Order denying the Plaintiff's motion to appoint counsel was affirmed. The appellate case is captioned Adolfo Avila, Jr. v. Paul Schnell, et al., Case No. 24-2261, in the United States Court of Appeals for the Eighth Circuit, filed on June 20, 2024. The briefing schedule in the Appellate Case states that: -- Appellant's brief is due on July 30, 2024; and -- Appellee's brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [BN] Plaintiff-Appellant ADOLFO GUTIERREZ AVILA, JR., individually and on behalf of all others similarly situated, appears pro se. Defendants-Appellees PAUL SCHNELL, et al. are represented by: Rachel E. Bell-Munger, Esq. Kelly Susan Kemp, Esq. ATTORNEY GENERAL'S OFFICE Suite 1400 445 Minnesota Street Saint Paul, MN 55101 Telephone: (651) 296-9412 NATURA MANAGEMENT: Faces Morgan Class Suit in Calif Super. Court ---------------------------------------------------------------- A class action lawsuit has been filed against Natura Management. The suit is captioned as MORGAN, INDIVIDUALLY ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED v. NATURA MANAGEMENT LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, et al., Case No. 24CV011319 (Calif. Super., Sacramento Cty, June 6, 2024). The case is assigned to the Hon. Judge Christopher E. Krueger. The nature of suit states Employment Complaint Case.[BN] PATTERSON DENTAL: Mehring Sues Over Failure to Maintain Security ---------------------------------------------------------------- Dr. Monica Mehring and Monica Mehring, DDS, LLC doing business as Dr. Monica Mehring Family Dentistry, on behalf of herself, her business and all others similarly situated v. PATTERSON COMPANIES INC. dba PATTERSON DENTAL, CHANGE HEALTHCARE, OPTUM, INC., and UNITEDHEALTH GROUP INC., Case No. 3:24-cv-03147-LB (N.D. Cal., May 23, 2024), is brought against the Defendants for their failure to maintain the security of their computer networks in accordance with state and federal law. Given their role in the nationwide delivery of healthcare, Defendants knew (or should have known) they needed to implement robust cybersecurity controls to prevent disruptions. Defendants failed in this obligation. As a result of Defendants' negligence, failures, and omissions, a group of cybercriminals was able to infiltrate Defendants' computers networks and steal for ransom confidential health data and source code, among other things ("Data Breach"). The group of cybercriminals may be ALPHV/Blackcat group ("Blackcat") or the RansomHub gang. As a result of the Data Breach, which exposed the vulnerabilities in Defendants' computer networks, Defendants took all of the affected computer networks offline. From the time the Data Breach was discovered on February 21, 2024 and in many aspects ongoing through date of filing of this Complaint, healthcare providers were unable to provide critical services and get paid on claims. Defendants' negligence, failures, and omissions have harmed hard-working medical providers around the country, including Plaintiffs. Given the amount of confidential personal health information ("PHI") and personal identifying information ("PII") that healthcare organizations maintain, government agencies have warned for years about the threat of cyberattacks. The U.S. government has also warned the industry that Blackhat has hit at least 70 organizations since December 2023, a majority of them healthcare organizations. Therefore, the Data Breach and related shutdown were entirely foreseeable and could have—and should have—been avoided. The Plaintiffs, individually and on behalf of all others similarly situated, alleges claims for negligence, negligent interference with prospective economic advantage, breach of express and/or implied contractual promise, breach of covenant of good faith and fair dealing and for unjust enrichment, says the complaint. The Plaintiff Dr. Monica Mehring is a licensed dentist and operates her business Monica Mehring, DDS, LLC doing business as Dr. Monica Mehring Family Dentistry The Defendant Patterson Companies Inc. dba Patterson Dental is a Minnesota Corporation that has branches throughout the United States.[BN] The Plaintiffs are represented by: Deepali A. Brahmbhatt, Esq. Hayden B. Corrales, Esq. DEVLIN LAW FIRM LLC 3120 Scott Blvd. #13, Santa Clara, CA 95054 Phone: (650) 254-9805 Email: dbrahmbhatt@devlinlawfirm.com hcorrales@devlinlawfirm.com - and - Timothy Devlin, Esq. Devlin Law Firm LLC 1526 Gilpin Avenue Wilmington, DE 19806 Phone: (302) 449-9010 Email: tdevlin@devlinlawfirm.com QG PRINTING II: Pulido-Peredo Suit Removed to N.D. California ------------------------------------------------------------- The case styled as Jose Pulido-Peredo, as an individual and on behalf of all others similarly situated v. QG PRINTING II LLC, a Connecticut limited liability company, QUAD GRAPHICS, INC., a Wisconsin corporation, 74 QG PRINTING II LLC, an unknown entity, and DOES 1-100, Case No. 24CV007904 was removed from the Superior Court of the State of California, County of Sacramento, to the United States District Court for the Northern District of California on May 28, 2024, and assigned Case No. 2:24-cv-01505-AC. The Complaint asserts the following eight causes of action: failure to pay compensation for all hours worked; failure to pay minimum wage; failure to pay overtime compensation; failure to furnish accurate wage and hour statements; waiting time penalties; failure to provide meal and rest periods; failure to reimburse necessary business expenses; and unfair competition.[BN] The Defendants are represented by: Gregory G. Iskander, Esq. Benjamin Sanchez, Esq. LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Phone: 925.932.2468 Facsimile: 925.946.9809 Email: giskander@littler.com bsanchez@littler.com QUTEN RESEARCH: Swetala Files Suit in E.D. California ----------------------------------------------------- A class action lawsuit has been filed against Quten Research Institute, LLC. The case is styled as Anthony Swetala, individually and on behalf of all others similarly situated and the general public v. Quten Research Institute, LLC, Case No. 1:24-cv-00620-JLT-BAM (E.D. Cal., May 24, 2024). The case type is stated as "Other Fraud." Quten Research Institute was founded in 2007 with the mission of creating the best quality CoQ10 supplements on the market.[BN] The Plaintiff is represented by: Lilach Halperin, Esq. 651 Arroyo Drive San Diego, CA 92102 Phone: (619) 696-9006 Email: lilach@consumersadvocates.com - and - Ronald Marron, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Phone: (619) 696-9006 Fax: (619) 564-6665 Email: ron@consumersadvocates.com The Defendant is represented by: Keara M. Gordon, Esq. William W. Reichart, Esq. Isabelle Louise Ord DLA PIPER, LLP 555 Mission St., Suite 2400 San Francisco, CA 94105 Phone: (415) 836-2500 Fax: (415) 836-2501 Email: keara.gordon@us.dlapiper.com wes.reichart@us.dlapiper.com isabelle.ord@dlapiper.com RALPH LAUREN: Ratra Sues Over Over False Pricing Ad Scheme ---------------------------------------------------------- SARAH RATRA, on behalf of herself and all others similarly situated, Plaintiff v. RALPH LAUREN CORPORATION, a Delaware corporation, RALPH LAUREN RETAIL, INC., a Delaware corporation, and DOES 1-50, inclusive, Defendants, Case No. 1:24-cv-04816 (S.D.N.Y., June 25, 2024) arises from the Defendants' false and misleading marketing, advertising, and pricing scheme in violation of the California's Unfair Competition Law, the California's False Advertising Law, the California's Consumers Legal Remedies Act, and the Federal Trade Commission Act. The Plaintiff brings this action on behalf of herself and other similarly situated consumers who have purchased one or more of Defendants' outlet items which were advertised as having a purported discount from a fictitious higher reference price from Defendants' Polo Factory outlet stores. The Plaintiff intends to halt the dissemination and perpetuation of this false, misleading, and deceptive pricing scheme, to correct the false and harmful perception it has created in the minds of consumers, and to obtain redress for those who overpaid for merchandise tainted by this deceptive pricing scheme. The Plaintiff also seeks to permanently enjoin the Defendants from engaging in this unlawful conduct. Further, the Plaintiff seeks to obtain all applicable damages, including actual, benefit of the bargain, statutory and punitive damages, restitution, reasonable costs and attorney's fees, and other appropriate relief in the amount by which Defendants were unjustly enriched as a result of their sales of merchandise offered at a false discount. Ralph Lauren Corp. is an American publicly traded fashion company that was founded in 1967 by American fashion designer Ralph Lauren.[BN] The Plaintiff is represented by: Gary F. Lynch, Esq. LYNCH CARPENTER LLP 1133 Penn Ave., 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 E-mail: gary@lcllp.com - and - Todd D. Carpenter, Esq. Scott G. Braden, Esq. LYNCH CARPENTER LLP 1234 Camino Del Mar Del Mar, CA 92014 Telephone: (619) 762-1910 Facsimile: (858) 313-1850 E-mail: todd@lcllp.com scott@lcllp.com RECOGNITION SYSTEMS: Faces Gutierrez Class Action Suit in New York ------------------------------------------------------------------ A class action lawsuit has been filed against Recognition Systems, Inc. et al. The case is captioned as Alonso Gutierrez on behalf of himself and all similarly situated individuals v. Recognition Systems, Inc. et al., Case No. 2:24-cv-03999-ST (E.D.N.Y., June 3, 2024). The case is assigned to the Hon. Judge Steven Tiscione. The nature of suit states Diversity-Personal Injury. Recognition offers plates, films, offset inks, and pressroom supplies.[BN] The Plaintiff is represented by: Jordan Lee Richards, Esq. JORDAN RICHARDS, PLLC 1800 SE 10th Ave., Ste 205 Fort Lauderdale, FL 33316 Telephone: (954) 871-0050 E-mail: jordan@jordanrichardspllc.com RED LOBSTER: Parker Sues Over WARN Act Violation ------------------------------------------------ George Parker, on behalf of himself and all others similarly situated v. RED LOBSTER HOSPITALITY LLC, RED LOBSTER RESTAURANTS LLC, and RED LOBSTER SEAFOOD CO., LLC, Case No. 6:24-ap-00050-GER (M.D. Fla., May 25, 2024), is brought against Defendants for violation of the Worker Adjustment and Retraining Notification Act (the "WARN Act"), and the California Worker Adjustment and Retraining Act (the "California WARN Act") for the recovery for damages in the amount of 60 days' back pay and benefits pursuant to the WARN Act, and for wages and unpaid benefits for up to 60 days under the California Warn Act and attorneys' fees under Cal. Labor Code. On May 13, 2024, less than 60 days prior to termination of their employment, Plaintiff, the Federal Class members, and the California Class members learned that they were to be terminated immediately without cause, as part of, or as the foreseeable result of, a mass layoff or facility closing ordered by Defendants. The mass termination on or about May 13, 2024, violated the notice requirements of the WARN Act because it failed to give Plaintiff, the Federal Class members, and the California Class members at least 60 days' advance written notice of termination, says the complaint. The Plaintiff was terminated without cause. The Defendants engaged in the business of operating seafood restaurants and employed servers, kitchen staff, and various other staff roles to maintain operations of their stores in California.[BN] The Plaintiff is represented by: Jeffrey S. Ainsworth, Esq. Jacob D. Flentke, Esq. BRANSONLAW, PLLC 1501 E. Concord St. Orlando, FL 32803 Phone: 407-894-6834 Fax: 407-894-8559 Primary Email: jeff@bransonlaw.com jacob@bransonlaw.com jacob@flentkelegal.com Secondary: cole@bransonlaw.com tammy@bransonlaw.com lisa@bransonlaw.com - and - Jonathan Melmed, Esq. Rebecca Harteker, Esq. MELMED LAW GROUP P.C. 1801 Century Park East, Suite 850 Los Angeles, CA 90067 Phone: (310) 824-3828 Email: jim@melmedlaw.com rh@melmedlaw.com RENEWABLE ENERGY: Fails to Pay Performance Bonus, Rohde Suit Claims ------------------------------------------------------------------- JOHN ROHDE, individually and on behalf of all others similarly situated v. RENEWABLE ENERGY SYSTEMS LIMITED, a foreign company, and RENEWABLE ENERGY SYSTEMS AMERICAS INC., a Delaware corporation, Case No. 1:24-cv-01789 (D. Colo., June 26, 2024) contends that the Defendants violated Mr. Rohde's rights, and the rights of hundreds of other RES Americas employees under the Colorado Wage Act by failing to pay them wages and compensation that they earned during the 2022-2023 fiscal year, specifically the RES Americas Business Unit performance bonus. According to the complaint, the Defendants breached their implied covenant of good faith and fair dealing by exercising discretion that they possessed under written agreements with the Class Members in a manner that was arbitrary, unfair, and contrary to the reasonable expectations of the Class Members. Furthermore, Mr. Rohde individually asserts that the Defendants violated his rights under the CWA by failing to pay him all of the wages and compensation due to him upon termination, and by failing to tender such wages within 14 days of receiving a written demand from Mr. Rohde. The Defendants also violated the Colorado's Anti-Luring Statute by bringing Mr. Rohde to work for them in Colorado through false and deceptive representations and false pretenses. Specifically, the Defendants induced Mr. Rohde to leave a lucrative position with his prior employer (with whom he had worked for 20 years), by omitting material information regarding tens of millions of dollars of losses they had incurred and were bound to incur due to years of mismanagement, poor performance, and undue risks. The Defendants terminated Mr. Rohde's employment because he inquired about, disclosed, compared, and discussed his wages and the wages of the other Class Members, and because he complained about the Defendants' bad faith refusal to pay the annual BU performance bonus owed to him and the other Class Members. In doing so, the Defendants committed retaliation in violation of the CWA and the Colorado's Equal Pay for Equal Work Act, the suit says. Individually, Mr. Rohde also seeks unpaid wages, mandatory and additional penalties under the CWA, actual and compensatory damages for violations of the CALS and fraudulent concealment, back pay, front pay, interest on unpaid wages, a penalty of fifty dollars per day from the date of Mr. Rohde's termination to the date of judgment, liquidated damages, reasonable attorney's fees, and costs. Mr. Rohde was employed by the Defendants as Chief Executive Officer of Renewable Energy Systems Americas from Sept. 8, 2021 to March 11, 2024, when he was terminated for challenging the Defendants' unfair wage practices. RES is a multinational company with its principal office in Kings Langley, England.[BN] The Plaintiff is represented by: Adam M. Harrison, Esq. Cynthia J. Sánchez, Esq. HKM EMPLOYMENT ATTORNEYS LLP 518 17th Street, Suite 1100 Denver, CO 80202 Telephone: (720) 255-0370 E-mail: aharrison@hkm.com csanchez@hkm.com REVELETTE ENTERPRISES: Krout Seeks Unpaid Minimum, OT Wages ----------------------------------------------------------- ANGELA KROUT, on behalf of herself and all others similarly situated v. REVELETTE ENTERPRISES, LLC, REVELETTE HOSPITALITY, LLC, JONATHAN'S GRILLE HOLDCO, INC., ARJN, LLC, ARJN No. 3, LLC, JONATHAN'S GRILLE-GREEN HILLS, LLC, JONATHAN'S GRILLE-HENDERSONVILLE, LLC, JONATHAN'S GRILLE-SPRING HILL, LLC, JONATHAN'S GRILLE-MURFREESBORO, LLC, JONATHAN'S GRILLE-PROVIDENCE, LLC, JONATHAN'S GRILLE-EAST RIDGE, LLC, JONATHAN'S GRILLE-GALLATIN, LLC, JONATHAN'S GRILLE-CLIFT FARMS, LLC, THE RUTLEDGE RESTAURANT, LLC, THE RUTLEDGE-FOUR SEASONS NASHVILLE, LLC, MASON REVELETTE, and CURTIS REVELETTE, Case No. 3:24-cv-00782 (M.D. Tenn., June 26, 2024) seeks to recover unpaid minimum and overtime wages, unlawfully retained tips, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act ("FLSA"). The Defendants generally paid the Plaintiff and those she seeks to represent an hourly wage lower than $7.25 per hour under the tip credit provisions of the FLSA. The Defendants, however, failed to satisfy the requirements for utilizing the tip credit to meet their minimum-wage and overtime obligations to their tipped employees by: failing to provide tipped employees with the required notice before taking the tip credit; requiring tipped employees to share tips with non-tipped employees who have no or insufficient customer interaction; requiring tipped employees to spend more than 20% of their shifts performing non-tip-producing work while paid at the lower, tipped hourly rate; and requiring tipped employees to spend more 30 continuous minutes performing directly supporting work while paid at the lower, tipped hourly rate, the suit claims. The Plaintiff asserts all of the FLSA claims as a collective action, on behalf of herself and all others similarly situated, pursuant to pursuant to 29 U.S.C. section 216(b). A similar FLSA collective action was filed against most of these Defendants on behalf of the same type of employees on Dec. 1, 2022. This case was entitled Vickers et al. v. Revelette Enterprises, LLC et al., Case No. 3:22-cv-00967 (M.D. Tenn. Dec. 1, 2022). The Plaintiff Krout received Court-authorized notice of the Vickers collective action. However, the Plaintiff Krout was intimidated from joining Vickers due to actions taken by the Defendants' management to discourage her from joining the case. Plaintiff Krout seeks to pursue FLSA claims in this action on behalf of those who did not join Vickers for whatever reason, and she seeks Court-authorized notice to those employees. Revelette owns and operates restaurants.[BN] The Plaintiff is represented by: David W. Garrison, Esq. Joshua A. Frank, Esq. Nicole A. Chanin, Esq. BARRETT JOHNSTON MARTIN & GARRISON, PLLC 200 31st Avenue North Nashville, TN 37203 Telephone: (615) 244-2202 Facsimile: (615) 252-3798 E-mail: dgarrison@barrettjohnston.com jfrank@barrettjohnston.com nchanin@barrettjohnston.com SAINT LUKE'S: Berberich Suit Removed from Cir. Ct. to W.D. Missouri ------------------------------------------------------------------- The class action lawsuit captioned as Berberich et al., v. Saint Luke's Hospital of Kansas City et al., Case No. 2416-cv10317 was transferred from the Circuit Court of Jackson County, Missouri, to the United States District Court for the Western District of Missouri on June 3, 2024. The Western Missouri District Court Clerk assigned Case No. 4:24-cv-00382-SRB to the proceeding. The nature of suit states Personal Inj. Med. Malpractice demanding $75,000 in damages. The case is assigned to the Hon. Judge Stephen R. Bough. Saint Luke's is a tertiary care hospital.[BN] The Plaintiffs are represented by: Gerald L. Cross, Jr., Esq. CROSS LAW FIRM, LLC 8430 Tomahawk Road Overland Park, KS 66207 Telephone: (816) 454-5297 Facsimile: (913) 904-1650 E-mail: lcross@cross-lawfirm.com The Defendants are represented by: Justin D. Fowler, Esq. Claire J Cowherd, Esq. Joseph A. Kronawitter, Esq. Taylor Foye, Esq. HORN, AYLWARD & BANDY, LLC 2600 Grand Boulevard, Suite 1100 Kansas City, MO 64108 Telephone: (816) 421-0700 Facsimile: (816) 421-0899 E-mail: jfowler@hab-law.com ccowherd@hab-law.com jkronawitter@hab-law.com tfoye@hab-law.com - and - Lawrence Joseph Logback, Esq. Kemper Anne Bogle, Esq. SIMPSON, LOGBACK, LYNCH, NORRIS, PA 10851 Mastin Blvd., Suite 1000 Overland Park, KS 66210 Telephone: (913) 342-2500 E-mail: Llogback@slln.com kbogle@slln.com SIRIUS XM: Music Plans' Price Ads "Deceptive," Wilson Suit Alleges ------------------------------------------------------------------ BONNIE WILSON, on behalf of herself and all others similarly situated, Plaintiff v. SIRIUS XM RADIO INC., Defendant, Case No. 1:24-cv-04843 (S.D.N.Y., June 26, 2024) is a class action against the Defendant for violations of Sections 349 and 350 of the New York General Business Law and breach of the implied covenant of good faith and fair dealing. The case arises from the Defendant's alleged deceptive pricing scheme of falsely advertising its music plans at lower prices than it actually charges. The Defendant fails to include in its advertised prices the amount of its invented "U.S. Music Royalty Fee," which increases the true plan price by 21.4 percent above the advertised price for the plans. The Defendant's sign-up process, automatic renewal process, and policy of not sending monthly or ongoing billing notices or invoices are deliberately designed to prevent subscribers from learning of the U.S. Music Royalty Fee. As a result of the Defendant's misrepresentations and omissions, the Plaintiff and similarly situated subscribers suffered damages, says the suit. Sirius XM Radio Inc. is a provider of satellite radio and internet-only streaming plans, with its principal place of business in New York. [BN] The Plaintiff is represented by: Stephen P. DeNittis, Esq. DeNITTIS OSEFCHEN PRINCE, P.C. 315 Madison Ave., 3rd Fl. New York, NY 10017 Telephone: (646) 979-3642 Facsimile: (856) 797-9978 Email: sdenittis@denittislaw.com - and - Daniel M. Hattis, Esq. Paul Karl Lukacs, Esq. HATTIS & LUKACS 11711 SE 8th St., Suite 120 Bellevue, WA 98005 Telephone: (425) 233-8650 Facsimile: (425) 412-7171 Email: dan@hattislaw.com pkl@hattislaw.com SPANX LLC: Faces Espinal Suit Over Blind-Inaccessible Website ------------------------------------------------------------- FRANGIE ESPINAL, on behalf of herself and all other persons similarly situated, Plaintiff v. SPANX, LLC, Defendant, Case No. 1:24-cv-04838 (S.D.N.Y., June 25, 2024) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its website, https://spanx.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of Plaintiff's rights under the Americans with Disabilities Act. During Plaintiff's visits to the Website, the last occurring on June 24, 2024, in an attempt to purchase the Carefree Crepe Trouser Short from the Defendant, the Plaintiff encountered multiple access barriers that denied Plaintiff a shopping experience similar to that of a sighted person and full and equal access to the goods and services offered to the public and made available to the public, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. Spanx, LLC provides online women's apparel products. The Company offers tops, jackets, leggings, bodysuits, pants, jeans, shorts, socks, lingerie, bras, and other related products. Spanx serves customers in the United States.[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 E-mail: Michael@Gottlieb.legal Jeffrey@gottlieb.legal Dana@Gottlieb.legal STANLEY STEEMER: Hofer Sues Over Surreptitious Recording -------------------------------------------------------- Gregory Hofer, individually and on behalf of all others similarly situated v. STANLEY STEEMER INTERNATIONAL, INC., Case No. 3:24-cv-03167 (N.D. Cal., May 24, 2024), is brought against Stanley Steemer for surreptitiously monitoring and recording telephonic communications between customers and its customer service agents without first providing notice or obtaining the customer's consent. As a cleaning service, Defendant often provides customer support over the phone. Defendant monitors and records these calls, but they don't disclose this fact to customers. Because Defendant fails to disclose when it records its telephonic communications with customers, Defendant violated and continues to violate the California Invasion of Privacy Act ("CIPA"). Both Cal. Penal Code Section 632 and 632.7 protect the privacy of California residents. Secretly monitoring and recording telephonic communications interferes with an important privacy interest--an individual's right to control the nature and extent of the information they disclose. The Plaintiff brings this action on behalf of himself and a class of all persons whose telephonic communications were surreptitiously recorded by Defendant, says the complaint. The Plaintiff is a domiciliary of California. Stanley Steemer is a commercial and residential cleaning service operating throughout the United States.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Brittany S. Scott, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ltfisher@bursor.com bscott@bursor.com STATE FARM: Robin Sues Over Refusal to Pay Actual Cash Value ------------------------------------------------------------ Deborah Robin, individually and on behalf of others similarly situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., an Illinois Corporation, Case No. 3:24-cv-00391-RLB-EWD (M.D. La., May 17, 2024), is brought on behalf of a putative class of persons (the "Class"), who were insureds under a State Farm automobile policy issued for private passenger auto physical damage, pursuant to which Defendant was required to pay the cost to repair or replace an insured vehicle up to the "Actual Cash Value" ("ACV") of the vehicle. Insureds, such as Plaintiff and the putative Class Members, pay a premium in exchange for State Farm's promise to repair any damage to an insured vehicle caused by a covered peril. However, State Farm's obligation to repair damage is not limitless; rather, it is limited (or capped) to the ACV of the insured vehicle – for example, State Farm is not obligated to spend $20,000 to repair extensive damage to a vehicle that is only worth $5,000. Under such circumstances, where the cost to repair damage exceeds the value of the vehicle (less retained value), the vehicle is considered a "total loss." If a "total loss" occurs, State Farm's contractual obligation is limited to paying the ACV of the total-loss vehicle. State Farm refuses to pay the full ACV replacement cost including but not limited to any amount for, in some cases, sales tax on the vehicle value or some or all title transfer fees or some or all plate transfer fees and registration fees, despite its obligation to pay the reasonably necessary costs to buy another vehicle. This lawsuit is brought on behalf of Plaintiff and on behalf of all other similarly situated insureds who have suffered damages due to Defendant's practice of refusing to pay reasonably necessary ACV in total loss claims under comprehensive and collision coverages. The Plaintiff and class member vehicles were private passenger automobiles intended for use on the roads and highways of Louisiana and their Actual Cash Value includes the necessary costs to make those vehicles legal to be driven on the roads and highways. Merriam-Webster's general definition of actual cash value is "money equal to the cost of replacing lost, says the complaint. The Plaintiff is insured under a State Farm automobile policy. State Farm is one of the largest passenger auto insurance carriers operating in the State of Louisiana.[BN] The Plaintiff is represented by: Soren E. Gisleson, Esq. HERMAN HERMAN & KATZ, LLC 909 Poydras Street, Suite 1860 New Orleans, La 70113 Phone: (504) 581-4892 Fax: (504) 561-6024 Email: sgisleson@hhklawfirm.com - and - Edmund A. Normand, Esq. Christopher M. Hudon, Esq. NORMAND PLLC 3165 McCrory Place, Ste. 175 Orlando, FL 32803 Phone: 407-603-6031 Email: amy.judkins@normandpllc.com ed@normandpllc.com ean@normandpllc.com TGI FRIDAYS: Daughtry Sues Over Unpaid Overtime Wages ----------------------------------------------------- Jennifer Daughtry, Natasha Sellin, Brittany Lopergalo, individually and on behalf of others similarly situated v. TGI FRIDAYS, INC., TGI FRIDAY'S NEW YORK LLC, and any related entities; Case No. 5:24-cv-00709-GTS-MJK (N.D.N.Y., May 24, 2024), is brought under New York State law and under the federal Fair Labor Standards Act ("FLSA") as a result of the Defendants' unpaid overtime wages. The Defendants intentionally, repeatedly, and as a matter of corporate custom, policy, practice and/or procedure, failed to adhere to numerous laws, codes, and regulations governing the payment of wages to Named Plaintiffs and those similarly situated, both under New York State law and under the federal Fair Labor Standards Act ("FLSA"). Specifically, and as hereinafter alleged, Defendants failed to pay Named Plaintiffs and those similarly situated wages and monies due them under both State and Federal law as required by the FLSA. The Defendant failed to pay Plaintiffs their hourly wage for all hours worked. In failing to pay Plaintiffs proper wages for all hours worked and time and one-half for all hours after forty hours in one week, Defendant violated New York Labor Law. The Defendant willfully, knowingly, purposefully, and recklessly failed to pay Plaintiffs for all time worked, including time which would have qualified as overtime. By the foregoing reasons, Defendant violated NYLL and is liable to Plaintiffs in an amount to be determined at trial, plus liquidated damages, interest, attorneys' fees and costs, says the complaint. The Plaintiffs were employed by Defendants at its Syracuse, New York location. The Defendants operate approximately 23 Fridays restaurants in New York State.[BN] The Plaintiffs are represented by: James Emmet Murphy, Esq. VIRGINIA & AMBINDER, LLP Michele A. Moreno, Esq. 40 Broad Street, 7th Floor New York, NY 10004 Phone: (212) 943-9080 Email: jmurphy@vandallp.com mmoreno@vandallp.com - and - Frank S. Gattuso, Esq. GATTUSO & CIOTOLI, PLLC The White House 7030 E. Genesee Street Fayetteville, NY Phone: 315-314-8000 Email: fgattuso@gclawoffice.com TICKETMASTER LLC: Faces Poluk Suit Over Alleged Data Breach ----------------------------------------------------------- A class action has been filed against Ticketmaster, LLC and Live Nation Entertainment, Inc. The case is captioned Corey Poluk, individually, and on behalf of all others similarly situated v. Ticketmaster, LLC and Live Nation Entertainment, Inc., Case No. 2:24-cv-04671-JLS-PD (C.D. Cal., June 4, 2024). The case is brought over Defendants' failure to properly secure and safeguard Plaintiff's and Class Members' personally identifiable information stored within their information network. Ticketmaster L.L.C. Is ticket distribution company headquartered in California. It buys, transfers, and sells tickets for live music, sporting, arts, theater, and family events. [BN] The Plaintiff is represented by: Laura Grace Van Note COLE AND VAN NOTE 555 12th Street, Suite 2100 Oakland, CA 94607 Telephone: (510) 891-9800 E-mail: lvn@colevannote.com - and - Scott Edward Cole, Esq. COLE AND VAN NOTE 555 12th Street, Suite 2100 Oakland, CA 94607 Telephone: (510) 891-9800 E-mail: sec@colevannote.com TOTALLY COOL: Faces Price Suit Over Frozen Goods' Contamination ---------------------------------------------------------------- Leslie Price, individually and on behalf of all others similarly situated v. Totally Cool, Inc., Case No. 7:24-cv-04865 (S.D.N.Y., June 26, 2024) alleges that the Defendant has improperly, deceptively, and misleadingly labeled and marketed its Products by omitting and not disclosing to consumers on its packaging that its Products are contaminated with Listeria monocytogenes. The Products contain Listeria monocytogenes, which could lead to serious and life-threatening adverse health consequences. The risk of serious infection is particularly concerning for pregnant mothers, infants, the elderly, and immunocompromised individuals, who are highly susceptible to severe infection and even death from Listeria monocytogenes, the lawsuit contends. The Plaintiff seeks to remedy the deceptive and misleading business practices of the Defendant with respect to the manufacturing, marketing, and sale of Defendant's Friendly's Abilyn's Frozen Bakery, Hershey's Ice Cream, Yelloh!, Jeni's, Cumberland Farms, The Frozen Farmer, Marco, Chipwich, AMAFruits, Taharka, Dolcezza Gelato, and LaSalle products throughout the state of New York and throughout the country . The Defendant issued a recall of its Products on June 25, 2024. The Defendant's own recall and other testing confirmed and demonstrated the presence of Listeria monocytogenes in the Plaintiff's product, the suit asserts. Accordingly, Defendant's conduct violated and continues to violate New York General Business Law sections 349 and 350. The Defendant also breached and continues to breach its warranties regarding the Products. The Plaintiff brings this action against the Defendant on behalf of herself and Class Members who purchased the Products during the applicable statute of limitations period. The Plaintiff purchased Friendly's Strawberry Krunch Ice Cream Cake at a Price Chopper brick-and-mortar store in Dutchess County, New York during the Class Period at a retail price of $24.99 per unit. The Defendant manufactures, markets, advertises, and sells food products.[BN] The Plaintiff is represented by: Jason P. Sultzer, Esq. Daniel Markowitz, Esq. SULTZER & LIPARI, PLLC 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com markowitzd@thesultzerlawgroup.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 6905 Telegraph Road, Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 E-mail: nsuciu@milberg.com TRUIST BANK: Fails to Prevent Data Breach, Aronstein Alleges ------------------------------------------------------------ JO ARONSTEIN, individually and on behalf of all others similarly situated, Plaintiff v. TRUIST BANK, Defendant, Case No. 3:24-CV-00589 (W.D.N.C., June 25, 2024) is an action against the Defendant for its failure to properly secure and safeguard sensitive information of its customers. According to the complaint, the Data Breach was a direct result of the Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' personally identifiable information or "PII", from a foreseeable and preventable cyber-attack. The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct because the PII that Defendant collected and maintained has been accessed and acquired by data thieves, says the suit. Truist Bank operates as a bank. The Bank offers saving and current account, investment and financial services, online banking, mortgage and non-mortgage loan facilities, as well as issues credit card and business loans. [BN] The Plaintiff is represented by: Scott C. Harris MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5003 Facsimile: (919) 600-5035 Email: sharris@milberg.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce De Leon Suite 205, #10518 San Juan, PR 00907 Telephone: (215) 789-4462 Email: klaukaitis@laukaitislaw.com TURN TECHNOLOGIES: Williams Files FCRA Suit in N.D. Illinois ------------------------------------------------------------ A class action lawsuit has been filed against Turn Technologies, Inc. The case is styled as James Williams, on behalf of himself and all others similarly situated v. Turn Technologies, Inc., Case No. 1:24-cv-04254 (N.D. Ill., May 23, 2024). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. Turn Technologies -- https://turn.ai/ -- specializes in hiring hourly, shift-based, or contracted workers.[BN] The Plaintiff is represented by: Sergei Lemberg, Esq. LEMBERG LAW, LLC 43 Danbury Road Wilton, CT 06897 Phone: (203) 653-2250 Email: slemberg@lemberglaw.com TYLER TECHNOLOGIES: Fails to Secure Personal Info, Casey Says ------------------------------------------------------------- Wanda D. Casey, individually and on behalf of all others similarly situated v. Tyler Technologies, Inc., Case No. 2:24-cv-00425-JRG (E.D. Tex., June 6, 2024) alleges that the Defendant failed to properly secure and safeguard personally identifiable information of thousands of individuals, including but not limited to, full names, contact information, email addresses, dates of birth, Social Security numbers, and individual taxpayer identification numbers (the "Data Breach"). The Defendant is a third-party technology provider providing "property tax lifecycle management solutions, civic services solutions, a secure system for accessing official records, regulatory solutions, and integrated corrections, case management, and public safety solutions." The Plaintiff's and Class Members' sensitive personal information -- which they entrusted to Defendant on the mutual understanding that Defendant would protect it against disclosure -- was compromised and unlawfully exfiltrated due to the Data Breach, the lawsuit says. 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. Even worse, the Defendant confirmed that ransomware gang, LockBit, has released and published PII stolen in the Data Breach, the lawsuit adds. The Plaintiff contends that her and Class Members' identities are now at risk because of Defendant's negligent conduct because the PII that Defendant collected and maintained is now in the hands of data thieves and has been released to the public. Ms. Casey is a resident and citizen of Newalla, Oklahoma. She received a Notice Letter, via U.S. mail, directly from Defendant, dated May 30, 2024. Tyler is a software solutions company specializing in providing technology services to the public sector, including governments and schools.[BN] The Plaintiff is represented by: William B. Federman, Esq. FEDERMAN & SHERWOOD 212 W. Spring Valley Road Richardson, TX 75081 Telephone: (405) 235-1560 Facsimile: (405) 239-2112 E-mail: wbf@federmanlaw.com UNITED LAUNCH: Bondeson Sues Over Practice of Discrimination ------------------------------------------------------------ Joshua Bondeson, Zachary Breland, Sherrie Maine, Ricky Mason, Jaime Mccormick, Michael Norwood, Philip Vandiver, Christopher Byrd, Benjamin Eastman, Cory Kannegieter, Shawn Laabs, Emily Padilla, Richard Mack, Skyler Bunce, Doug Vonfeldt, Brian Weden, and Matthew Bigelow, individually and on behalf of the Religious Class and all others similarly situated v. UNITED LAUNCH ALLIANCE, LLC, Case No. 5:24-cv-00671-HNJ (N.D. Ala., May 24, 2024), is brought by former employees of United Launch Alliance ("ULA" or "Defendant"), alleging that the Defendant violated Title VII of the Civil Rights Act of 1964, 42 ("Title VII") by engaging in a comprehensive pattern and practice of discrimination relating to its COVID-19 vaccination mandate (the "Mandate" or "vaccination mandate"). The gravamen of this Complaint is that ULA discriminatorily denied more than 100 religious accommodation requests that ULA determined qualified for a potential religious accommodation under Title VII. Hereafter, these employees are collectively referred to as the "Religious Class." Plaintiffs are a small subset of the Religious Class, and are among those whose accommodation requests were denied. Demonstrating the company's animus towards the Religious Class, ULA treated similarly situated secular employees who submitted medical exemption and accommodation requests more favorably than the Religious Class. ULA also retaliated against the entire Religious Class. According to ULA, each member of the Religious Class's Title VII rights were contingent on the number of other employees who asserted their Title VII rights. ULA did not individually assess whether it could accommodate each employee's religious beliefs and practices short of undue hardship. Rather ULA concluded that if it accommodated one employee, it may potentially need to accommodate all employees. ULA therefore concluded the hypothetical collective burden meant that no employee was entitled to an accommodation. In contrast, ULA was somehow able to evaluate medical exemption and accommodation requests and identify medical accommodation options that would not constitute an undue burden. ULA's denial of religious accommodations was counterfactual, and unlawful on a corporate-wide level, for a number of independent reasons. First, there were many low cost and no-cost means ULA could have used to accommodate the Religious Class. Most glaringly, ULA refused to offer regular COVID-19 testing as an accommodation option. Second, there were many other low-cost and no-cost accommodation options available, such as recognizing natural immunity, enhanced safety protocols, temporary telework, voluntary schedule swapping, or any combination of these options. ULA's refusal to recognize immunity derived from prior COVID-19 infection--"natural immunity"--as satisfying its immunization requirement or as an accommodation option is especially confounding. In the context of COVID-19, natural immunity's desirable relative efficacy has been repeatedly confirmed in the scientific literature. Third, the business costs and significant burdens ULA voluntarily embraced by mass denying religious accommodations far outweighed any burden associated with providing any of the low-cost and no-cost accommodation options available. Had it accommodated the Religious Class, the company would have avoided significant costs. The Plaintiffs and those similarly situated seek damages, including back pay, front pay, liquidated damages, punitive damages, lost benefits, compensatory damages, damages for emotional distress, pain and suffering, reasonable attorneys' fees and costs, declaratory relief, injunctive relief, as well as any other relief to which Plaintiffs are entitled, says the complaint. The Plaintiffs worked for and was employed by ULA. ULA was formed in 2006 to construct and launch rockets for a variety of customers.[BN] The Plaintiffs are represented by: Caleb N. Byrd, Esq. R. DAVIS YOUNTS, LLC Post Office Box 18591 Huntsville, AL 35804 Phone: 256-701-8929 Email: caleb@yountslaw.com - and - Walker D. Moller, Esq. SIRI & GLIMSTAD LLP 1005 Congress Avenue, Suite 925-C36 Austin, TX 78701 Phone: (512) 265-5622 Facsimile: (646) 417-5967 Email: wmoller@sirillp.com - and - Jack R. Spitz, Esq. SIRI & GLIMSTAD LLP 8 Campus Drive, Suite 105 PMB#161 Parsippany, NJ 07054 Phone: 212-532-1091 Facsimile: 646-417-5967 Email: jspitz@sirillp.com - and - Steve C. Thornton, Esq. Attorney at Law Post Office Box 16465 Jackson, MS 39236 Phone: (601) 982-0313 Email: mail@lawlives.com - and - R. Davis Younts, Esq. R. DAVIS YOUNTS, LLC 26 North 9th Street Lemoyne, PA 17043 Phone: 833-739-5291 Email: davis@yountslaw.com VELVET APPAREL: Murray Sues Over Website's Inaccessibility ---------------------------------------------------------- WARNER MURRAY, on behalf of himself and all others similarly situated, Plaintiff v. Velvet Apparel, LLC, Defendant, Case No. 1:24-cv-04781 (S.D.N.Y., June 24, 2024) is a civil rights action against Velvet Apparel for their failure to design, construct, maintain, and operate their website, https://www.velvet-tees.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. According to the complaint, the Plaintiff encountered numerous obstacles on Velvet-tees.com automatic pop-ups without prior warning. These obstacles can significantly disorient legally blind customers. The Plaintiff had difficulty in determining when the automatic change in visual context occurred on the website. Thus, Velvet Apparel has inaccessible design that deprives the Plaintiff and blind customers of the opportunity to make purchases on Velvet-tees.com on their own, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Freestyle Brands' policies, practices, and procedures to that Defendant's website will become and remain accessible to blind and visually-impaired consumers. This complaint also seeks compensatory damages to compensate Class members for having been subjected to unlawful discrimination, the suit asserts. Velvet Apparel, LLC manufactures apparel products. The Company designs and markets tees, bottoms, shirts, and accessories for men and women.[BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Tel: (347) 941-4715 E-mail: Glevyfirm@gmail.com VIVID SEATS: Zainfeld Suit Transferred to E.D. New York ------------------------------------------------------- The case styled as Amy Zainfeld, Lowell Kern, and Abraham Davies, individually and on behalf of all others similarly situated v. VIVID SEATS, LLC., Case No. 1:24-cv-01520 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the Eastern District of New York on May 28, 2024. The District Court Clerk assigned Case No. 1:24-cv-03879-PKC-AYS to the proceeding. The nature of suit is stated as Other Fraud. Vivid Seats Inc. -- https://www.vividseats.com/ -- is an American ticket exchange and resale company.[BN] The Plaintiff is represented by: Mark Samuel Reich, Esq. LEVI & KORSINSKY LLP 55 Broadway, 4th Floor, Suite 427 New York, NY 10006 Phone: (212) 363-7500 Fax: (212) 363-7171 Email: mreich@zlk.com The Defendant is represented by: Timothy Bunker Hardwicke, Esq. GOODSMITH GREGG UNRUH LLP 150 S Wacker Drive, Suite 3150 Chicago, IL 60606 Phone: (312) 322-1981 Fax: (312) 322-0056 Email: thardwicke@ggulaw.com WILLIAM MARSHALL: Brandon Files Suit in S.D. West Virginia ---------------------------------------------------------- Chester Brandon, III, Harold Midkiff, on behalf of themselves and al others similarly situated v. Commissioner William K. Marshall, Commissioner, Director of West Virginia Department of Rehabilitation & Corrections, in his official capacity only, Ronald Arnold, Director of Parole Services, in his official capacity only; and Anne Thomas, Assistant Commissioner, West Virginia Division of Corrections & Rehabilitation, Bureau of Community Corrections, in her official capacity only; Case No. 2:24-cv-00265 (S.D.W. Va., May 28, 2024). The nature of suit is stated as Prisoner Civil Rights.[BN] The Plaintiffs are represented by: Gary M. Smith, Esq. Lesley Marie Nash, Esq. Lydia C. Milnes, Esq. MOUNTAIN STATE JUSTICE 1029 University Avenue, Suite 101 Morgantown, WV 26505 Phone: (304) 326-0188 Fax: (304) 326-0189 Email: gary@msjlaw.org lesley@msjlaw.org lydia@msjlaw.org kkelly@kellyandcrandall.com ZENLEN INC: Hernandez Sues Over Whole Body Deodorant's False Ads ---------------------------------------------------------------- ASHTON HERNANDEZ and ANDREW SMYRAK, on behalf of themselves and all others similarly situated v. ZENLEN, INC. d/b/a NATIVE COS., Case No. 1:24-cv-04846 (S.D.N.Y., June 26, 2024) seeks to redress the false, misleading, and deceptive advertising and packaging claims that Native has made in connection with the sale of its "whole body deodorant" that purports to be "clinically proven 72-hour odor protection for pits, privates and more." According to the complaint, Native's bold claim to have a clinical study proving that its whole body deodorant lasts for three days is false. Native has never clinically tested its whole body deodorant. Instead, Native has simply copied the "72-hour protection" claim by a number of different deodorants in the market, added the false "clinically proven" claim, and then charged over 100% more than its competitors based on that false claim. Plaintiff Hernandez and the New York Class members have been aggrieved by and have suffered losses as a result of Defendant's violations of Section 349 of the New York General Business Law. By virtue of the unfair, unconscionable, and deceptive acts in the conduct of trade or commerce, the Plaintiff Hernandez and the members of the New York Class have been substantially injured by purchasing and/or overpaying for the Class Product which is not what the Defendant represents it to be, the lawsuit asserts. Plaintiff Hernandez purchased Native whole body deodorant spray in March 2024 at Target for approximately $14. Plaintiff Smyrak purchased three Native whole body deodorant sprays in late Spring 2024 at Walmart for approximately $14 each. The Defendant manufactures, markets, and sells Native whole body deodorant through its own nativecos.com website, Amazon, and numerous brick-and-mortal retail stores like Walmart, Target, CVS, and Walgreens.[BN] The Plaintiffs are represented by: James R. Denlea, Esq. Jeffrey I. Carton, Esq. DENLEA & CARTON LLP 2 Westchester Park Drive, Suite 410 White Plains, NY 10604 Telephone: (914) 331-0100 Facsimile: (914) 331-0105 E-mail: jdenlea@denleacarton.com jcarton@denleacarton.com - and - Philip M. Smith, Esq. KRAVIT SMITH LLP 75 South Broadway, Suite 400 White Plains, NY 10601 Telephone: (646) 493-8004 Facsimile: (917) 858-7101 E-mail: psmith@kravitsmithllp.com Asbestos Litigation ASBESTOS UPDATE: H.B. Fuller Defends Product Liability Lawsuits --------------------------------------------------------------- H.B. Fuller Company has been named as a defendant in lawsuits in which plaintiffs have alleged injury due to products containing asbestos manufactured more than 35 years ago, according to the Company's Form 10-Q filing with the U.S. Securities and Exchange Commission. The Company states, "The plaintiffs generally bring these lawsuits against multiple defendants and seek damages (both actual and punitive) in very large amounts. In many cases, plaintiffs are unable to demonstrate that they have suffered any compensable injuries or that the injuries suffered were the result of exposure to products manufactured by us. We are typically dismissed as a defendant in such cases without payment. If the plaintiff presents evidence indicating that compensable injury occurred as a result of exposure to our products, the case is generally settled for an amount that reflects the seriousness of the injury, the length, intensity and character of exposure to products containing asbestos, the number and solvency of other defendants in the case, and the jurisdiction in which the case has been brought." A full-text copy of the Form 10-Q is available at https://urlcurt.com/u?l=tQfwhJ ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***