/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240715.mbx C L A S S A C T I O N R E P O R T E R Monday, July 15, 2024, Vol. 26, No. 141 Headlines 3M CO: AFFF Contains Toxic PFAS, Henderson Class Suit Alleges 3M CO: Colvin Film Forming Foams Suit Removed to N.D. Alabama 3M CO: Gomes Sues Over Undisclosed AFFF and TOG Health Hazards 3M CO: Speigner Film-Forming Foams Suit Removed to N.D. Ala. 3M COMPANY: Allan Sues Over Exposure to Toxic Chemicals & Foams 3M COMPANY: Crume Sues Over Exposure to Toxic Chemicals & Foams 3M COMPANY: Hill Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Jackson Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Jenkins Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Savo Sues Over Exposure to Toxic Chemicals & Foams ABM INDUSTRY GROUPS: Carter Files Suit in Cal. Super. Ct. ACCURATE RECOVERY: Adams Files FDCPA Suit in E.D. New York ALTOP ISHICHI: Insolvency Resolution Process Case Summary AMERICAN GENE: Duong et al. Allege Wage and Hour Law Violations AMGEN INC: Rojas Files Suit in Cal. Super. Ct. ANDREWS & COX: Morgan Suit Removed to D. South Carolina ARBY'S RESTAURANT: Martin Files Suit in Fla. Cir. Ct. ARIAT INTERNATIONAL: Mackey Sues Over Caller ID Rules Violations ASHLEY STEWART INC: Mackey Sues Over Caller ID Rules Violations ASLB LLC: Johnson Sues Over Unpaid Compensations AT&T INC: Sutherlin Suit Transferred to N.D. Texas AT&T INC: Zwald Files Suit in N.D. Illinois BANK OF AMERICA: James Appeals Case Dismissal to 9th Cir. BEEKMAN 1802: Mackey Sues Over Caller ID Rules Violations BOARD OF TRUSTEES OF CSU: Mansour Files Suit in Cal. Super. Ct BONAFIDE HEALTH: Website Inaccessible for Blind Users, Espinal Says BRISTOL SPEEDWAY: Gonzalez Files Suit in Cal. Super. Ct. BULLSEYE ENERGY: Miller, et al. File 10th Cir. Appeal CAMERON INTERNATIONAL: Erol Labor Suit Removed to E.D. California CAPITAL ONE FINANCIAL: Pitts Suit Transferred to E.D. Virginia CARMAX AUTO: Pilcher Files Suit in Cal. Super. Ct CASHNETUSA OF FLORIDA: Faces Moore Suit Over Collection Letter CDK GLOBAL LLC: Loginov Files TCPA Suit in N.D. Illinois CDK GLOBAL: Fails to Prevent Data Breach, Aviles Alleges CDK GLOBAL: Fails to Prevent Data Breach, Berman Alleges CDK GLOBAL: Fails to Safeguard Clients' Info, Kallas Claims CDK GLOBAL: Fails to Safeguard Customers' Info, Hester Says CENCORA INC: Johnson Files Suit in E.D. Pennsylvania CHANGE HEALTHCARE: CDC Suit Transferred to D. Minnesota CHANGE HEALTHCARE: Luxe Dental Suit Transferred to D. Minnesota CHANGE HEALTHCARE: Pivot Point Suit Transferred to D. Minnesota CHANGE HEALTHCARE: Ridpath Suit Transferred to D. Minnesota COLLIGERE FARM: Fails to Pay Proper Wages, Arellano Alleges COMCAST CABLE: Davis Files Suit in Fla. Cir. Ct. CONE HEALTH CONNECTED: Heiting Suit Removed to C.D. California CORRECTIONAL SOLUTIONS: Fails to Pay Proper Wages, Agnone Says DAGWOODS NORTH: Fails to Pay Servers' Minimum Wages Under FLSA DENTALPLANS.COM: Appeals Ruling in Bradley TCPA Suit to 4th Circuit GAP INC: Dalton Sues Over Blind-Inaccessible Website GENERAL MOTORS: Smith Files FCRA Suit in D. Minnesota HUMAN DEVELOPMENT: Dziura Files Appeal in Labor Class Action IMPACT CARE: Fails to Pay OT Wages Under FLSA & OMFWSA, Kabia Says INSOMNIA COOKIES: Court Extends Time to File Class Cert Reply JAY CONFERENCE: Evans Sues Over Labor Law Breaches KIA AMERICA: Brandt Sues Over Power Seat Motor Defect LOCKHEED MARTIN: Waters Labor Suit Removed to C.D. California MAXEON SOLAR: Wayne Sues Over Artificially Inflated Stock Prices MIYANG HOME: Fails to Pay Caregivers' Minimum, OT Wages Under FLSA MOLINA HEALTHCARE: Filing for Class Cert. Bid Due Feb. 24. 2025 MOVADO GROUP: Website Inaccessible to Blind, Brown Suit Says NC HOLDINGS: Quinn Suit Removed from Cir. Ct. to W.D. Missouri NCAA: Brantmeier Suit Seeks to Certify Rule Class NO. 1 CHINESE: Website Not Accessible to Blind, Solis Suit Says NOVARTIS PHARMACEUTICALS: Parties Must Confer Class Cert Deadlines P.F. CHANG'S: Website Not Accessible to Blind, Solis Suit Says PANDA RESTAURANT: Website Inaccessible to Blind, Solis Suit Says PAYCOR INC: John Suit Files Renewed Bid for Class Status PEOPLECONNECT INC: Parties Seek to Stay Proceeding Pending Appeal PLACE FOR MOM: Pineda Class Suit Removed from Sup. Ct. to N.D. Cal. PROFESSIONAL PLATING: Class Cert Bids Filing Extended to August 30 RETAIL ENERGY: Lyman Suit Seeks to Certify Class Action RETREAT BEHAVIORAL: Williams Sues Over Mass Layoff Without Notice RON NEAL: Court Directs Separate Case for Stanley Holmes RON NEAL: Perry's Bid for Class Certification Tossed ROOKWOOD POTTERY: Fails to Pay Proper Wages, Davis Suit Claims SAPON RAHMAN: Garcia Seeks to Recover Proper Overtime Wages SAVE MART: Baker Seeks to Certify Non-Union Participants SECURA INSURANCE: Court Directs Discovery Plan Filing in Ritter SELECT REHABILITATION: Evidentiary Hearing Set for July 24 SIEVA NETWORKS: Seeks Denial of Payne Class Status Bid SRS DISTRIBUTION: Luera-Escandon Removed from Sup. Ct. to S.D. Cal. STATE OF TENNESSEE: Faces Suit Over Juvenile Offender Mistreatment TRC STAFFING: Blosser Sues Over Failure to Protect Information TRC STAFFING: Burke Sues Over Failure to Safeguard PII UNIMED INTERNATIONAL: Espinal Sues over Blind-Inaccessible Website UNITED AIRLINES: Harrison Suit Removed to D. Colorado UNITED STATES: Arzamendi Appeals ADA Suit Dismissal to 5th Circuit UNITEDHEALTH GROUP: AO&G Suit Transferred to D. Minnesota US DFS: Faces Espinal Suit Over Access Barriers to Online Store UTAH SELL: All Discovery in James Due June 30, 2025 VERVENT INC: Appeals Final Judgment in Turrey Suit to 9th Circuit VJC HOSPITALITY: Fails to Pay Proper Wages, Armstead Alleges VPNE PARKING SOLUTIONS: Potenza Files Suit in Fla. Cir. Ct. WEBMD LLC: Kindler Bid to Withdraw Document OK'd WELLS FARGO: Court Continues Class Status, Fact Discovery Deadlines WESTERN ALLIANCE: Moldes Sues Over Unlawful Debt Communication WEYCO GROUP: Blind Users Can't Access Website, Fernandez Alleges YUET CHEONG & CO: Benavides Files Suit in Cal. Super. Ct. ********* 3M CO: AFFF Contains Toxic PFAS, Henderson Class Suit Alleges ------------------------------------------------------------- SARAH HENDERSON, CHRISTOPHER HENDERSON, AND JOHN BAILEY, Plaintiffs v. 3M COMPANY, AGC, INC., AGC CHEMICALS AMERICAS, INC., ARCHROMA MANAGEMENT, LLC, ARCHROMA U.S., INC., ARKEMA, INC., BASF CORPORATION, BUCKEYE FIRE EQUIPMENT COMPANY, CARRIER GLOBAL CORPORATION, CHEMDESIGN PRODUCTS, INC., CHEMGUARD, INC., CHEMICALS INCORPORATED, CHUBB FIRE, LTD., CLARIANT CORPORATION, CORTEVA, INC., DEEPWATER CHEMICALS, INC., DOE, JOHN DEFENDANTS 1-49 DUPONT DE NEMOURS, INC., DYNAX CORPORATION, E. I. DUPONT DE NEMOURS AND COMPANY, KIDDE PLC, INC., NATION FORD CHEMICAL COMPANY, NATIONAL FOAM, INC., THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, TYCO FIRE PRODUCTS LP, RAYTHEON TECHNOLOGIES CORPORATION, and UTC FIRE & SECURITY AMERICAS CORPORATION, INC., Case No. 2:24-cv-03706-RMG (D.S.C., June 27, 2024) is a class action against the Defendants, who manufactured aqueous film-forming foam ("AFFF"), a fire-fighting foam containing per- and polyfluoroalkyl substances ("PFAS") that was used at the Heath Township Fire Department. The Plaintiffs contend that the use of AFFF caused the contamination of their real properties and private drinking water wells and has resulted in a significantly increased risk of disease. PFAS includes perfluorooctanoic acid ("PFOA") and/or perfluorooctane sulfonic acid ("PFOS") both known to be toxic, persistent in the environment, not biodegrade, move easily through soil and groundwater, and pose a significant risk to human health and safety. Both are animal carcinogens and likely human carcinogens. The Plaintiffs file this lawsuit to recover compensatory and all other damages, including costs of restoring and remediating contamination from their real properties and drinking water wells, past and future medical costs, loss of property value, costs of medical monitoring, non-economic damages, loss of earnings and future earnings, and household expenses. Mr. and Mrs. Henderson are Michigan residents and own property damaged as a result of the presence of Defendants' PFAS chemicals. PFAS have been detected in well water at the Henderson's property at levels exceeding EPA health standards. 3M manufactured, marketed, and sold AFFF from the 1960s to the early 2000s.[BN] The Plaintiff is represented by: Scott Summy, Esq. Cary McDougal, Esq. Carla Burke Pickrel, Esq. Brett Land, Esq. BARON & BUDD, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219-4281 Telephone: (214) 521-3605 Facsimile: (214) 523-6600 - and - Philip F. Cossich, Jr., Esq. Darren Sumich, Esq. David A. Parsiola, Esq. Brandon J. Taylor, Esq. Christina Cossich, Esq. Andrew J. Cvitanovic, Esq. Jody J. Fortunato, Esq. Luana N. Smith, Esq. COSSICH, SUMICH, PARSIOLA & TAYLOR, LLC 8397 Highway 23, Suite 100 Belle Chasse, LA 70037 Telephone: (504) 394-9000 Facsimile: (504) 394-9110 3M CO: Colvin Film Forming Foams Suit Removed to N.D. Alabama ------------------------------------------------------------- The case styled CHRISTOPHER COLVIN, et al., Plaintiffs v. 3M COMPANY, et al., Defendants, Case No. 01-CV-2024-902018, was removed from the Circuit Court for the Tenth Judicial Circuit, Jefferson County, Alabama, to the United States District Court for the Northern District of Alabama, Southern Division, on June 26, 2024. The Clerk of Court for the Northern District of Alabama assigned Case No. 2:24-cv-00838-NAD to the proceeding. The case arises from Defendant's harmful aqueous film-forming foams or firefighter turnout gear products that caused Plaintiffs to develop the serious medical conditions and complications. Headquartered in Minnesota, 3M Company operates in businesses in several markets including electronics, telecommunications, industrial, consumer and office, health care, and safety. [BN] The Defendants are represented by: M. Christian King, Esq. Harlan I. Prater, IV, Esq. W. Larkin Radney, IV, Esq. Wesley B. Gilchrist, Esq. LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 North 20th Street Birmingham, AL 35203-3200 Telephone: (205) 581-0700 E-mail: cking@lightfootlaw.com hprater@lightfootlaw.com lradney@lightfootlaw.com wgilchrist@lightfootlaw.com 3M CO: Gomes Sues Over Undisclosed AFFF and TOG Health Hazards -------------------------------------------------------------- JASON CURTIS GOMES, Plaintiff v. 3M COMPANY et al., Case No. 2:24-cv-03697-RMG (D.S.C., June 26, 2024) is a class action seeking to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' aqueous film-forming foams or firefighter turnout gear products at various locations during the course of Plaintiff's training and firefighting activities. According to the complaint, the Defendants' PFAS-containing AFFF or TOG 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 or TOG products and relied on the Defendants' instructions as to the proper handling of the products. The Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF or TOG products caused Plaintiff to develop the serious medical conditions and complications. Moreover, the Defendants, through their acts and/or omissions, concealed and/or withheld information from their customers, governmental entities, and the public that would have properly and fully alerted Plaintiff to the legal, toxicological, medical, or other significance and/or risk from having any PFAS material in Plaintiff's blood, says the suit. Headquartered in Minnesota, 3M Co. is a technology company that manufactures industrial, safety, and consumer products. [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 CO: Speigner Film-Forming Foams Suit Removed to N.D. Ala. ------------------------------------------------------------ The class action lawsuit captioned as GLENN SPEIGNER, et al. v. 3M COMPANY, et al., Case No. 01-CV-2024-902020.00 (Filed March 20, 2024), was removed from the Circuit Court for the Tenth Judicial Circuit, Jefferson County, Alabama, to the United States District Court for the Northern District of Alabama, Southern Division on June 26, 2024. The Northern Alabama District Court Clerk assigned Case No. 2:24-cv-00839-JHE to the proceeding. The suit alleges that 3M and certain other Defendants sold aqueous film-forming foams containing per- and polyfluoroalkyl substances, including perfluorooctanoic acid and perfluorooctane sulfonic acid. 3M manufactured, marketed, and sold AFFF from the 1960s to the early 2000s.[BN] The Defendant is represented by: M. Christian King, Esq. Harlan I. Prater, IV, Esq. W. Larkin Radney, IV, Esq. Wesley B. Gilchrist, Esq. LIGHTFOOT, FRANKLIN & WHITE, L.L.C. The Clark Building 400 North 20th Street Birmingham, AL 35203-3200 Telephone: (205) 581-0700 E-mail: cking@lightfootlaw.com hprater@lightfootlaw.com lradney@lightfootlaw.com wgilchrist@lightfootlaw.com 3M COMPANY: Allan Sues Over Exposure to Toxic Chemicals & Foams --------------------------------------------------------------- Samuel E. Allan, Jr., and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-03239-RMG (D.S.C., May 29, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with hyperthyroidism and Hashimoto's Disease as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 3M COMPANY: Crume Sues Over Exposure to Toxic Chemicals & Foams --------------------------------------------------------------- James William Crume, Jr., and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-03241-RMG (D.S.C., May 29, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with thyroid disease as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 3M COMPANY: Hill Sues Over Exposure to Toxic Film-Forming Foams --------------------------------------------------------------- James Michael Hill, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-03229-RMG (D.S.C., May 29, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with thyroid disease as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 3M COMPANY: Jackson Sues Over Exposure to Toxic Aqueous Foams ------------------------------------------------------------- William L. Jackson, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-03228-RMG (D.S.C., May 29, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with hyperthyroidism and Hashimoto's Disease as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Stephen A. Weisbrod, Esq. 201 S. Biscayne Blvd., 28th Floor Miami, FL 33131 Phone: (954) 361-1594 - and - Jim Hood, Esq. Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 3M COMPANY: Jenkins Sues Over Exposure to Toxic Film-Forming Foams ------------------------------------------------------------------ Tommie Jenkins, and other 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 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-03243-RMG (D.S.C., May 29, 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, the Defendants designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold and/or otherwise handled and/or used underlying chemicals and/or products added to AFFF which contained PFAS for use in firefighting. PFAS binds to proteins in the blood of humans exposed to 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 body 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 Decedent's exposure to Defendants' AFFF products at various locations during the course of Decedent's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with kidney cancer 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 Plaintiff is represented by: Richard Zgoda, Jr., Esq. Steven D. Gacovino, Esq. GACOVINO, LAKE & ASSOCIATES, P.C. 270 West Main Street Sayville, NY 11782 Phone: 631-600-0000 Facsimile: 631-543-5450 - and - Gregory A. Cade, Esq. Gary A. Anderson, Esq. Kevin B. McKie, Esq. ENVIRONMENTAL LITIGATION GROUP, P.C. 2160 Highland Avenue South Birmingham, AL 35205 Phone: 205-328-9200 Facsimile: 205-328-9456 3M COMPANY: Savo Sues Over Exposure to Toxic Chemicals & Foams -------------------------------------------------------------- Jack A. Savo, and other similarly situated v. 3M COMPANY (f/k/a MINNESOTA MINING AND MANUFACTURING COMPANY); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT CO.; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA, INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORPORATION (f/k/a UTC FIRE & SECURITY AMERICAS CORPORATION, INC.); CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS INCORPORATED; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT, INC.); DYNAX CORPORATION; EIDP, INC. (f/k/a E.I. DU PONT DE NEMOURS AND COMPANY); FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC.; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; LION GROUP, INC.; L.N. CURTIS & SONS; MALLORY SAFETY AND SUPPLY LLC; MILLIKEN & COMPANY; MSA SAFETY, INC.; MUNICIPAL EMERGENCY SERVICES, INC.; NATIONAL FOAM, INC.; NATION FORD CHEMICAL COMPANY; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS LP; RICOCHET MANUFACTURING CO., INC.; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN MILLS, INC.; STEDFAST USA, INC.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS LP, AS SUCCESSOR-IN-INTEREST TO THE ANSUL COMPANY; UNITED TECHNOLOGIES CORPORATION (n/k/a RTX CORPORATION); VERIDIAN LIMITED; WITMER PUBLIC SAFETY GROUP, INC.; W.L. GORE & ASSOCIATES, INC., Case No. 2:24-cv-03240-RMG (D.S.C., May 29, 2024), is brought for damages for personal injury resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related chemicals including those that degrade to PFOA and/or PFOS. AFFF is a specialized substance designed to extinguish extremely hot fires involving materials like alcohol, petroleum greases, and other flammable or combustible liquids and gases ("Class B Fires"). AFFF has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B Fires. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. The Defendants, individually and collectively, designed, marketed, developed, manufactured, distributed, released, trained users on, produced instructional materials for, promoted, sold, handled, used, and/or otherwise released into the stream of commerce AFFF or TOG or underlying chemicals that were added to AFFF or TOG, with knowledge that the AFFF or TOG or underlying chemicals contained highly toxic and biopersistent PFAS, which would expose end users of the product to the risks associated with PFAS. PFAS binds to proteins in the blood of humans exposed to it where it remains and persists over extended periods of time. Due to their unique chemical structure, PFAS accumulates in the blood and body of exposed individuals. PFAS are highly toxic and carcinogenic chemicals. Defendants knew, or should have known, that PFAS remains in the human body while contemporaneously presenting significant health risks to humans. The Defendants' PFAS-containing AFFF or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of the Defendants' AFFF or TOG products and relied on the Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF and/or TOG products caused Plaintiff significant and devastating injury. Through this action, Plaintiff seeks to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF or TOG products at several Fire Departments and or Military bases during Plaintiff's training and firefighting activities. Plaintiff further seeks injunctive, equitable, and declaratory relief arising from the same, says the complaint. The Plaintiff regularly used, and was thereby directly exposed to, AFFF and/or TOG in training and to extinguish fires during his working career as a military and/or civilian firefighter and was diagnosed with ulcerative colitis as a result of exposure to Defendants' AFFF and/or TOG products. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promoters, and sellers of PFAS-containing AFFF or TOG products or underlying PFAS-containing chemicals used in the production of AFFF or TOG products.[BN] The Plaintiff is represented by: August J. Matteis, Jr., Esq. WEISBROD MATTEIS & COPLEY PLLC 3000 K Street, NW, Suite 275 Washington, DC 20007 Phone: (202) 499-7900 Facsimile: (202) 478-1795 - and - Jim Hood, Esq. Melissa R. Heidelberg, Esq. 1022 Highland Colony Parkway, Ste 203 Ridgeland, MS 39157 Phone: (601) 803-5001 ABM INDUSTRY GROUPS: Carter Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against ABM Industry Groups, LLC, et al. The case is styled as Allanette Carter, on behalf of the general public and all other aggrieved employees v. ABM Industry Groups, LLC, ABM Industries Incorporated, Does 1-20, Case No. 24STCV15562 (Cal. Super. Ct., Los Angeles Cty., June 21, 2024). ABM -- https://www.abm.com/ -- is one of the world's largest providers of facility services and solutions.[BN] The Plaintiff is represented by: Daniel J. Bass, Esq., Esq. MAKAREM & ASSOCIATES APLC 11601 Wilshire Boulevard, Suite 2440 Los Angeles, California 90025-1760 Phone: (310) 312-0299 Fax: (310) 312-0296 ACCURATE RECOVERY: Adams Files FDCPA Suit in E.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Accurate Recovery Solutions, Inc. The case is styled as Pearl Adams, individually and on behalf of all others similarly situated v. Accurate Recovery Solutions, Inc., Case No. 2:24-cv-03849-JMW (E.D.N.Y., May 29, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Accurate Recovery Solutions, Inc. -- https://accuraterecoverysolutionsinc.com/ -- is a collections agency located in Farmingdale, New York.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Email: rsalim@steinsakslegal.com ALTOP ISHICHI: Insolvency Resolution Process Case Summary --------------------------------------------------------- Debtor: Altop Ishichi Solutions and Projects Private Limited Registered Address: A-53 TTC Industrial Area MIDC Mahape Thane Navi Mumbai Maharashtra, India 400709 Insolvency Commencement Date: June 6, 2024 Court: National Company Law Tribunal, Mumbai Bench Estimated date of closure of insolvency resolution process: December 3, 2024 Insolvency professional: Prakash Dattatraya Naringrekar Interim Resolution Professional: Prakash Dattatraya Naringrekar 503 - A, Blue Diamond CHS Ltd. Chincholi Bunder Link Road Junction Malad (West), Mumbai - 400064 Email: prakash03041956@gmail.com -- and -- G1 Ruby Industrial Estate off New Link Road Chincholi Bunder Near Bank of Baroda Malad (West), Mumbai - 400064 Email: altop.cirp@gmail.com Last date for submission of claims: June 24, 2024 AMERICAN GENE: Duong et al. Allege Wage and Hour Law Violations --------------------------------------------------------------- William Duong, Ipsita Mukherjee, Andrei Chapoval, on behalf of themselves and others similarly situated, Plaintiffs v. American Gene Technologies International Inc. and Jeffrey A. Galvin, Defendants, Case No. 8:24-cv-01861-TJS (D. Md., June 26, 2024) accuses the Defendants of violating the Fair Labor Standards Act, the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection Law. The Plaintiffs worked for Defendants in various capacities, but all ceased to receive wages from on or about April 16, 2024 until the end of their employment. Accordingly, the Plaintiffs, and other similarly situated employees seek unpaid wages in amounts to be determined based on the evidence, as well as liquidated and statutory damages, pursuant to the FLSA, MWHL, and MWPCL, and attorneys' fees and costs as provided under the FLSA, MWHL, and MWCPL. American Gene Technologies International Inc. is a biotech company headquartered and operated out of Rockville, MD. [BN] The Plaintiffs are represented by: Howard B. Hoffman, Esq. Jordan S. Liew, Esq. HOFFMAN EMPLOYMENT LAW, LLC 2400 Research Boulevard, Suite 380 Rockville, MD 20850 Telephone: (301) 251-3752 Facsimile: (301) 251-3753 E-mail: hhoffman@hoholaw.com jliew@hoholaw.com AMGEN INC: Rojas Files Suit in Cal. Super. Ct. ---------------------------------------------- A class action lawsuit has been filed against Amgen, Inc. The case is styled as Marciela Hernandez Rojas, individually and on behalf of all others similarly situated v. Amgen, Inc. Case No. 2024CUOE025580 (Cal. Super. Ct., Ventura Cty., May 31, 2024). The case type is stated "Unlimited Civil Other Employment." Amgen, Inc. -- https://www.amgen.com/ -- is an American multinational biopharmaceutical company headquartered in Thousand Oaks, California.[BN] The Plaintiff is represented by: John G. Yslas, Esq. WILSHIRE LAW FIRM 3055 Wishire Blvd., 12th Floor Los Angeles, CA 90010 Phone: 213-255-3937 Email: jyslas@wilshirelawfirm.com ANDREWS & COX: Morgan Suit Removed to D. South Carolina ------------------------------------------------------- The case styled as Leeanna Morgan, and on behalf of those similarly situated v. Andrews & Cox PC doing business as: Bleeker Brodey and Andrews, Medley Serves & Investigations LLC, Case No. 2024-CP-23-02640 was removed from the Greenville County Court of Common Pleas, to the U.S. District Court for the District of South Carolina on June 21, 2024. The District Court Clerk assigned Case No. 6:24-cv-03625-JDA to the proceeding. The nature of suit is stated as Other Fraud. Andrews & Cox PC doing business as Bleecker Brodey & Andrews -- http://www.bbanda.com/-- offers legal services in the area of foreclosure, REO, collection, and bankruptcy.[BN] The Plaintiff is represented by: Matthew William Shealy, Esq. Patrick Eugene Knie, Esq. KNIE AND SHEALY PO Box 5159 250 Magnolia Street (29306) Spartanburg, SC 29304 Phone: (864) 582-5118 Fax: (864) 585-1615 Email: pat@knieshealy.com matthew@theshealylawfirm.com The Defendants are represented by: Emily Irene Bridges, Esq. PARKER POE ADAMS AND BERNSTEIN (GRE) 110 East Court Street, Suite 200 Greenville, SC 29601 Phone: (864) 577-6379 Fax: (864) 242-9888 Email: emilybridges@parkerpoe.com - and - Robert H. Jordan, Esq. PARKER POE ADAMS AND BERNSTEIN (CHA) 200 Meeting Street, Suite 301 Charleston, SC 29401 Phone: (843) 727-2670 Fax: (843) 727-2680 Email: robertjordan@parkerpoe.com ARBY'S RESTAURANT: Martin Files Suit in Fla. Cir. Ct. ----------------------------------------------------- A class action lawsuit has been filed against Arby's Restaurant Group, Inc. The case is styled as Stephanie Martin, individually and on behalf of all others similarly situated v. Arby's Restaurant Group, Inc., Case No. CACE24008700 (Fla. Cir. Ct., Broward Cty., June 21, 2024). The case type is stated as "Negligence." Arby's -- https://www.arbys.com/ -- is an American fast food sandwich restaurant chain with more than 3,300 restaurants.[BN] The Plaintiff is represented by: Michael Eisenband, Esq. EISENBAND LAW, P.A. 515 E Las Olas Blvd., Suite 120 Fort Lauderdale, FL 33301 Phone: (954) 533-4092 Email: meisenband@Eisenbandlaw.com ARIAT INTERNATIONAL: Mackey Sues Over Caller ID Rules Violations ---------------------------------------------------------------- Hunter Mackey, individually and on behalf of all others similarly situated v. ARIAT INTERNATIONAL, INC., Case No. CACE-24-007661 (Fla. 17th Judicial Cir. Ct., Broward Cty., June 2, 2024), is brought for injunctive and declaratory relief, and damages for violations Of the Caller ID Rules Of the Florida Telephone Solicitation Act ("FTSA"). The FTSA's Caller ID Rules apply to solicited and consented to Telephonic Sales Calls, and as such, claims for Caller ID Rules violations, which requires notice and an opportunity to cease sending unwanted text message solicitations, before claims for "text message solicitations the called party does not consent to receive" can be brought. The FTSA's Caller ID Rules require that persons making Telephonic Sales Calls transmit--to the consumer's caller identification service--a telephone number that is capable of receiving telephone calls. In direct contravention of the Caller ID Rules, however, many callers, such as Defendant, make Telephonic Sales Calls a central part of their marketing strategy, and in doing so, intentionally transmit telephone numbers to recipient's Caller ID services that are not capable of receiving telephone calls. As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not configured for two-way communication when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable of receiving phone when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). Specifically, Defendant made Text Message Sales Calls that promoted Ariat and violated the Caller ID Rules when it transmitted to the recipients' caller identification services a telephone number that was not capable of receiving telephone calls, says the complaint. The Plaintiff is the regular user of a cellular telephone number that receives the Defendant's telephonic sales calls, and Plaintiff resides in Broward County, Florida. The Defendant is a Foreign Corporation, which sells various goods to persons throughout the country, including Florida, through its online store.[BN] The Plaintiff is represented by: Joshua A. Glickman, Esq. Shawn A. Heller, Esq. SOCIAL JUSTICE LAW COLLECTIVE, PL 974 Howard Ave. Dunedin, FL 34698 Phone: (202) 709-5744 Fax: (866) 893-0416 Email: josh@sjlawcollective.com shawn@sjlawcollective.com ASHLEY STEWART INC: Mackey Sues Over Caller ID Rules Violations --------------------------------------------------------------- Hunter Mackey, individually and on behalf of all others similarly situated v. ASHLEY STEWART, INC., Case No. CACE-24-007662 (Fla. 17th Judicial Cir. Ct., Broward Cty., June 2, 2024), is brought for injunctive and declaratory relief, and damages for violations Of the Caller ID Rules Of the Florida Telephone Solicitation Act ("FTSA"). The FTSA's Caller ID Rules apply to solicited and consented to Telephonic Sales Calls, and as such, claims for Caller ID Rules violations, which requires notice and an opportunity to cease sending unwanted text message solicitations, before claims for "text message solicitations the called party does not consent to receive" can be brought. The FTSA's Caller ID Rules require that persons making Telephonic Sales Calls transmit--to the consumer's caller identification service--a telephone number that is capable of receiving telephone calls. In direct contravention of the Caller ID Rules, however, many callers, such as Defendant, make Telephonic Sales Calls a central part of their marketing strategy, and in doing so, intentionally transmit telephone numbers to recipient's Caller ID services that are not capable of receiving telephone calls. As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not configured for two-way communication when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable of receiving phone when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). Specifically, Defendant made Text Message Sales Calls that promoted Ashley Stewart and violated the Caller ID Rules when it transmitted to the recipients' caller identification services a telephone number that was not capable Of receiving telephone calls, says the complaint. The Plaintiff is the regular user of a cellular telephone number that receives the Defendant's telephonic sales calls, and Plaintiff resides in Broward County, Florida. The Defendant is a Foreign Corporation, which sells various goods to persons throughout the country, including Florida, through its online store.[BN] The Plaintiff is represented by: Joshua A. Glickman, Esq. Shawn A. Heller, Esq. SOCIAL JUSTICE LAW COLLECTIVE, PL 974 Howard Ave. Dunedin, FL 34698 Phone: (202) 709-5744 Fax: (866) 893-0416 Email: josh@sjlawcollective.com shawn@sjlawcollective.com ASLB LLC: Johnson Sues Over Unpaid Compensations ------------------------------------------------ Cinnamon Johnson, Lucia Zelaya, individually and on behalf of all similarly situated individuals v. ASLB, LLC, a California Limited Liability Company; Stephen Thompson, an individual; and Does 1-10, inclusive; Case No. 24STCV13710 (Cal. Super. Ct., Los Angeles Cty., May 31, 2024), is brought under the Private Attorney General Act ("PAGA") as a result of unpaid compensations. In failing to authorize and/or permit meal and rest periods, Defendants have also implemented a uniform policy of denying compensation in lieu of meal and rest periods to its non- exempt employees, notwithstanding its actual knowledge that such employees were uniformly denied compliant meal and rest periods. The Defendants further failed to compensate employees for all time worked time when employees were forced to interrupt and/or work through their meal periods but were clocked out under Defendants' time-keeping system (and therefore treated as not working). This resulted in employees being denied both straight time and overtime pay, where applicable, for the time during which they were on call or under Defendants' control despite being off the clock for timekeeping purposes, says the complaint. The Plaintiffs were employed by the Defendants as hourly, non-exempt employees of the Defendants. ASLB, LLC is a California limited liability company.[BN] The Plaintiff is represented by: Elliot J. Siegel, Esq. Julian Burns King, Esq. KING & SIEGEL LLP 724 South Spring Street, Suite 201 Los Angeles, CA 90014 Phone: (213) 465-4802 Fax: (213) 465-4803 Email: elliot@kingsiegel.com julian@kingsiegel.com - and - Navid Barahmand, Esq. BARAHMAND LAW GROUP 7324 Sepulveda Boulevard, Suite B Van Nuys, CA 91405 Phone: (818) 574-3355 Fax: (818) 573-3757 Email: navid@barahmandlaw.com AT&T INC: Sutherlin Suit Transferred to N.D. Texas -------------------------------------------------- The case styled as Tiffany Sutherlin, individually and on behalf of all others similarly situated v. AT&T Inc., Case No. 4:24-cv-00740 was transferred from the U.S. District Court for the Eastern District of Missouri, to the U.S. District Court for the Northern District of Texas on June 21, 2024. The District Court Clerk assigned Case No. 3:24-cv-01543-E to the proceeding. The nature of suit is stated as Other Contract for Contract Dispute. AT&T Inc. -- https://www.att.com/ -- is an American multinational telecommunications holding company.[BN] The Plaintiffs are represented by: Francis J. Flynn, Esq. LAW OFFICE OF FRANCIS J FLYNN JR 6057 Metropolitan Plaza Los Angeles, CA 90036 Phone: (314) 662-2836 Email: casey@lawofficeflynn.com - and - Tiffany M. Yiatras, Esq. CONSUMER PROTECTION LEGAL 308 Hutchinson Road Ellisville, MO 63011 Phone: (314) 541-0317 Fax: (855) 710-7706 Email: tiffany@consumerprotectionlegal.com AT&T INC: Zwald Files Suit in N.D. Illinois ------------------------------------------- A class action lawsuit has been filed against AT&T Inc. The case is styled as Amanda Zwald, individually and on behalf of all others similarly situated v. AT&T Inc., Case No. 1:24-cv-04489 (N.D. Ill., May 31, 2024). The nature of suit is stated as Other P.I. for Personal Injury. AT&T Inc. -- https://www.att.com/ -- is an American multinational telecommunications holding company.[BN] The Plaintiffs are represented by: Matthew Todd Hurst, Esq. HEFFNER HURST 30 North LaSalle Street, Suite 1210 Chicago, IL 60602 Phone: (312) 346-3466 Email: mhurst@heffnerhurst.com BANK OF AMERICA: James Appeals Case Dismissal to 9th Cir. --------------------------------------------------------- MARIA WILLIAMS JAMES, et al. are taking an appeal from a court order dismissing their lawsuit entitled Nathan Earl Aiwohi, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Bank of America, National Association, et al., Defendants, Case No. 1:22-cv-00312-JAO-RT, in the U.S. District Court for the District of Hawaii. The suit is brought against the Defendants for alleged violations of the Racketeer Influenced and Corrupt Organizations Act. On June 30, 2023, the Plaintiffs filed an amended complaint. On Aug. 14, 2023, the Defendants filed a motion to dismiss the Plaintiffs' amended complaint, which the Court granted through an Order entered by Judge Jill A. Otake on Mar. 28, 2024. On Apr. 25, 2024, the Plaintiffs filed a motion for reconsideration of the Mar. 28 Order, which the Court denied on May 21, 2024. The appellate case is captioned Williams James, et al. v. Bank of America, National Association, et al., Case No. 24-3870, in the U.S. Court of Appeals for the Ninth Circuit, filed on June 24, 2024. The briefing schedule in the Appellate Case states that: -- Appellant's Appeal Opening Brief is due on August 5, 2024; and -- Appellee's Appeal Answering Brief is due on September 4, 2024. [BN] Plaintiffs-Appellants MARIA WILLIAMS JAMES, et al., individually and on behalf of all others similarly situated, appears pro se. BEEKMAN 1802: Mackey Sues Over Caller ID Rules Violations --------------------------------------------------------- Hunter Mackey, individually and on behalf of all others similarly situated v. BEEKMAN 1802, INC., Case No. CACE-24-007660 (Fla. 17th Judicial Cir. Ct., Broward Cty., June 1, 2024), is brought for injunctive and declaratory relief, and damages for violations Of the Caller ID Rules Of the Florida Telephone Solicitation Act ("FTSA"). The FTSA's Caller ID Rules apply to solicited and consented to Telephonic Sales Calls, and as such, claims for Caller ID Rules violations, which requires notice and an opportunity to cease sending unwanted text message solicitations, before claims for "text message solicitations the called party does not consent to receive" can be brought. The FTSA's Caller ID Rules require that persons making Telephonic Sales Calls transmit--to the consumer's caller identification service--a telephone number that is capable of receiving telephone calls. In direct contravention of the Caller ID Rules, however, many callers, such as Defendant, make Telephonic Sales Calls a central part of their marketing strategy, and in doing so, intentionally transmit telephone numbers to recipient's Caller ID services that are not capable of receiving telephone calls. As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not configured for two-way communication when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). As such, Plaintiff, brings this action alleging that Defendant violated the FTSA's Caller ID Rules by transmitting a phone number that was not capable of receiving phone when it made Telephonic Sales Calls by text message ("Text Message Sales Calls"). Specifically, Defendant made Text Message Sales Calls that promoted Beekman 1802 and violated the Caller ID Rules when it transmitted to the recipients' caller identification services a telephone number that was not capable Of receiving telephone calls, says the complaint. The Plaintiff is the regular user of a cellular telephone number that receives the Defendant's telephonic sales calls, and Plaintiff resides in Broward County, Florida. The Defendant is a Foreign Corporation, which sells various goods to persons throughout the country, including Florida, through its online store.[BN] The Plaintiff is represented by: Joshua A. Glickman, Esq. Shawn A. Heller, Esq. SOCIAL JUSTICE LAW COLLECTIVE, PL 974 Howard Ave. Dunedin, FL 34698 Phone: (202) 709-5744 Fax: (866) 893-0416 Email: josh@sjlawcollective.com shawn@sjlawcollective.com BOARD OF TRUSTEES OF CSU: Mansour Files Suit in Cal. Super. Ct -------------------------------------------------------------- A class action lawsuit has been filed against Board of Trustees of the California State University. The case is styled as Terri Mansour, individually and on behalf of all others similarly situated v. Board of Trustees of the California State University, Case No. 2024CUOE025313 (Cal. Super. Ct., Ventura Cty., May 29, 2024). The case type is stated as "Other Employment - Civil Unlimited." Board of Trustees of the California State University -- https://www.calstate.edu/csu-system/board-of-trustees -- the 25-member Board of Trustees adopts regulations and policies governing the entire CSU system.[BN] The Plaintiff appears pro se. BONAFIDE HEALTH: Website Inaccessible for Blind Users, Espinal Says ------------------------------------------------------------------- FRANGIE ESPINAL, on behalf of herself and all other persons similarly situated, Plaintiff v. BONAFIDE HEALTH, LLC, Defendant, Case No. 1:24-cv-04868 (S.D.N.Y., June 26, 2024), arises from Defendant's failure to design, construct, maintain, and operate its interactive website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. Due to the inaccessibility of Defendant's website, blind and visually-impaired consumers such as Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the goods, and services Defendant offers to the public on its website. The access barriers Plaintiff encountered have caused a denial of Plaintiff's full and equal access in the past, and now deter Plaintiff on a regular basis from accessing the website. Accordingly, the Plaintiff alleges violations of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Headquartered in New York, Bonafide Health, LLC is a pharmaceutical manufacturing company that owns and operates the commercial website, https://hellobonafide.com, which offers goods and services that include information about its women's health supplements, as well as other types of goods, pricing, privacy policies and internet pricing specials. [BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Dana@Gottlieb.legal Michael@Gottlieb.legal Jeffrey@Gottlieb.legal BRISTOL SPEEDWAY: Gonzalez Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Bristol Speedway, Inc. The case is styled as Karla Gonzalez, a/k/a Claudia Vega, individually and on behalf of others similarly situated v. Bristol Speedway, Inc., Case No. 24STCV13722 (Cal. Super. Ct., Los Angeles Cty., May 31, 2024). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." Bristol Motor Speedway, LLC was founded in 1996. The company's line of business includes racing and track operations.[BN] The Plaintiff is represented by: Carlos Jimenez, Esq. PROTECTION LAW GROUP. LLP 237 California St. El Segundo, CA 90245-4310 Phone: 424-290-3095 Fax: 866-264-7880 Email: carlos@protectionlawgroup.com BULLSEYE ENERGY: Miller, et al. File 10th Cir. Appeal ----------------------------------------------------- JAMES H. MILLER, SHARON RIGSBY MILLER, CAROLYN R. ENLOE, JAMES D. ENLOE and SCOTT BAILY, individually and on behalf of all similarly situated persons, are taking an appeal from a court order in their lawsuit entitled James H. Miller, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Bullseye Energy, et al., Defendants, Case No. 4:12-cv-00411-JDR-CDL, in the U.S. District Court for the District of Oklahoma. As previously reported by the Class Action Reporter in August 2019, the U.S. District Court for the Northern District Oklahoma denied a Joint Motion for Preliminary Approval of Settlement Agreement in the cases captioned KEVIN JETER, JOE A. JETER, BARBARA LUCAS, JAMES H. MILLER, SHARON RIGSBY MILLER, LARRY SMITH, JANICE SUE PARKER, individually and as Class Representatives on Behalf of All Similarly-Situated Persons, Plaintiffs, v. BULLSEYE ENERGY INC., CEP MID-CONTINENT, LLC, KRS&K, an Oklahoma Partnership, GASHOMA, INC. PURGATORY CREEK GAS, INC., REDBIRD OIL, an Oklahoma Partnership, WILD WEST GAS, LLC, WHITE HAWK GAS, INC., FOUNTAINHEAD, LLC, ROBERT M. KANE, LOUISE KANE ROARK, ANNE KANE SEIDMAN, MARK KANE, PAMELA BROWN, GARY BROWN, Defendants. and KEVIN JETER, JOE A. JETER, BARBARA LUCAS, JAMES H. MILLER, SHARON RIGSBY MILLER, LARRY SMITH, JANICE SUE PARKER, JAMES D. ENLOE, CAROLYN R. ENLOE, and SCOTT BAILY, individually and as Class Representatives on Behalf of All Similarly-Situated Persons, Plaintiffs, v. CEP MID-CONTINENT, LLC, ROBERT M. KANE, LOUISE KANE ROARK, ANNE KANE SEIDMAN, MARK KANE, PAMELA BROWN, and GARY BROWN, Defendants. Case Nos. 12-CV-411-TCK-FHM, 15-CV-455-TCK-TLW (N.D. Okla.). The Court held that there is no evidence that the proposed settlement agreement was not honestly negotiated, but substantial questions exist regarding the fairness of negotiations. As an initial matter, the proposed settlement was reached after former class counsel's representation of the eight Non-Settling Named Plaintiffs ended, and the majority of negotiations excluded new counsel for the objectors. Under the proposed settlement agreement, the Defendants would pay $700,000 into a Settlement Account, and would agree to binding changes in their future royalty payment methodology, which the settling parties contend have a present value of at least $810,248.10 to $2,383,843.37, for a total settlement value of between $1,510,248.10 to $3,083.843.37. In exchange, the members of the settlement class would release their claims against the Defendants. Additionally, class counsel would seek a fee not in excess of 33 percent of the total recovery, and expert fees and litigation costs of approximately $170,000, leaving a Net Settlement Amount of $485,666.67. The appellate case is captioned Miller, et al. v. Bullseye Energy, et al., Case No. 24-603, in the U.S. Court of Appeals for the Tenth Circuit, filed on June 21, 2024. [BN] Plaintiffs-Petitioners JAMES H. MILLER, et al., individually and on behalf of all others similarly situated, are represented by: Kevin Duane Adams, Esq. KEVIN D. ADAMS LAW OFFICE 36 East Cameron Street, Unit 16 Tulsa, OK 74103 Telephone: (918) 582-1313 - and - Laura Fellows, Esq. Richard Monroe Paul, III, Esq. PAUL MCINNES 601 Walnut Street, Suite 300 Kansas City, MO 64108 Telephone: (816) 984-8100 Defendants-Appellees BULLSEYE ENERGY, LLC, et al. are represented by: Pamela Sue Anderson, Esq. J. Kevin Hayes, Esq. Brian T. Inbody, Esq. HALL ESTILL 521 East 2nd Street, Suite 1200 Tulsa, OK 74120 Telephone: (918) 594-0400 - and - Bruce Wayne Robinett, Esq. ROBINETT KING 117 West 5th Street, Suite 500 Bartlesville, OK 74003 Telephone: (918) 336-4132 CAMERON INTERNATIONAL: Erol Labor Suit Removed to E.D. California ----------------------------------------------------------------- The case styled JEAN EROL, an individual, on behalf himself, and on behalf of all persons similarly situated; Plaintiff v. CAMERON INTERNATIONAL CORPORATION, a Delaware corporation; CAMERON INTERNATIONAL INC., a California corporation; and DOES 1-50,, Defendant, Case No. CU24-03394, was removed from the Superior Court for the County of Solano, State of California, to the United States District Court for the Eastern District of California on June 26, 2024. The Clerk of Court for the Eastern District of California assigned Case No. 1:24-at-00503 to the proceeding. The case arises from Defendant's alleged violations of the California Labor Code and the applicable Industrial Welfare Commission's Wage Orders, as well as the California Business and Professions Code. Headquartered in Houston, TX, Cameron International Inc. manufactures and provides flow equipment products, systems and services to worldwide oil, gas and process industries. [BN] The Defendants are represented by: Heather D. Hearne, Esq. THE KULLMAN FIRM 10233 South Parker Rd., Suite 300 Parker, CO 80134 Telephone: (720) 447-6628 Facsimile: (225) 906-4250 E-mail: hdh@kullmanlaw.com CAPITAL ONE FINANCIAL: Pitts Suit Transferred to E.D. Virginia -------------------------------------------------------------- The case styled as Shantell Pitts, individually and on behalf of all others similarly situated v. Capital One Financial Corporation, Capital One N.A., Case No. 3:24-cv-00047 was transferred from the U.S. District Court for the Southern District of Ohio, to the U.S. District Court for the Eastern District of Virginia on June 21, 2024. The District Court Clerk assigned Case No. 1:24-cv-01087-DJN-LRV to the proceeding. The nature of suit is stated as Other Contract. Capital One Financial Corporation -- https://www.capitalone.com/ -- is an American bank holding company specializing in credit cards, auto loans, banking, and savings accounts, headquartered in Tysons, Virginia.[BN] The Plaintiff is represented by: Andrew John Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 1205 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@shamisgentile.com - and - Chris C. Gold, Esq. EDELSBERG LAW, P.A. 20900 NE 30th Ave., Suite 417 Aventura, FL 33180 Phone: (305) 975-3320 Email: chris@edelsberglaw.com The Defendants are represented by: Gregory Arthur Ruehlmann, Esq. KING & SPALDING 1180 Peachtree Rd. NE Atlanta, GA 30319 Phone: (404) 572-2810 Email: gruehlmann@kslaw.com CARMAX AUTO: Pilcher Files Suit in Cal. Super. Ct ------------------------------------------------- A class action lawsuit has been filed against CarMax Auto Superstores, Inc. The case is styled as Douglas Pilcher, on behalf of other members of the general public similarly situated v. CarMax Auto Superstores, Inc., Case No. BCV-24-101786 (Cal. Super. Ct., Kern Cty., May 29, 2024). The case type is stated as "Other Non PI/PD/WD Tort - Civil Unlimited." CarMax Auto Superstores, Inc. -- https://www.carmax.com/ -- retails new and used automobiles. The Company offers passenger automobiles, trucks, trailers, buses, and other motor vehicles, as well as provides vehicle parts and accessories.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. Adrian R. Bacon, Esq. LAW OFFICES OF TODD M. FRIEDMAN PC 21031 Ventura Boulevard, Suite 340 Woodland Hills, CA 91364 Phone: (323) 306-4234 Fax: (866) 633-0228 Email: tfriedman@toddflaw.com abacon@toddflaw.com CASHNETUSA OF FLORIDA: Faces Moore Suit Over Collection Letter -------------------------------------------------------------- CHRISTOPHER MOORE, individually and on behalf of all those similarly situated v. CASHNETUSA OF FLORIDA, LLC, Case No. 24-002878-CI (Fla. Cir., June 27, 2024) sues the Defendant for violating the Florida Consumer Collection Practices Act. On June 21, 2024, the Defendant sent an electronic mail communication to Plaintiff in connection with the collection of the Consumer Debt. The Communication was sent from support@email.cashnetusa.com and delivered to Plaintiff's personal e-mail address. The Communication was received by the Plaintiff from the Defendant at 5:28 AM in Plaintiff's time zone. The Defendant did not have the consent of the Plaintiff to communicate with the Plaintiff between the hours of 9:00 PM and 8:00 AM, the lawsuit claims. The Plaintiff is a citizen of the State of Florida, residing in Pinellas County, Florida. CashNetUSA is a state-licensed online lender that offers installment loans.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Zane C. Hedaya, Esq. Gerald D. Lane, JR., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com zane@jibraellaw.com gerald@jibraellaw.com CDK GLOBAL LLC: Loginov Files TCPA Suit in N.D. Illinois -------------------------------------------------------- A class action lawsuit has been filed against CDK Global, LLC. The case is styled as Yuriy Loginov, individually and on behalf of all others similarly situated v. CDK Global, LLC, Case No. 1:24-cv-05221 (N.D. Ill., June 22, 2024). The nature of suit is state as Other Contract for Breach of Contract. CDK Global Inc. -- https://www.cdkglobal.com/ -- is an American multinational corporation based in Austin, Texas, providing data and technology to the automotive, heavy truck, recreation, and heavy equipment industries.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Suite 1205 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com CDK GLOBAL: Fails to Prevent Data Breach, Aviles Alleges -------------------------------------------------------- OMAR AVILES, individually and on behalf of all others similarly situated, Plaintiff v. CDK GLOBAL, LLC, Defendant, Case No. 1:24-cv-05356 (N.D. Ill., June 26, 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. CDK Global LLC provides integrated information technology and digital marketing solutions. The Company offers solutions that automate and integrate critical workflow processes from pre-sale targeted advertising and marketing campaigns to the sale, financing, insurance, parts supply, and repair and maintenance of vehicles. [BN] The Plaintiff is represented by: Samuel J. Strauss, Esq. Raina C. Borrelli, Esq. STRAUSS BORRELLI PLLC One Magnificent Mile 980 N Michigan Avenue, Suite 1610 Chicago IL, 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 Email: sam@straussborrelli.com raina@straussborrelli.com CDK GLOBAL: Fails to Prevent Data Breach, Berman Alleges -------------------------------------------------------- CAROL BERMAN, individually and on behalf of all others similarly situated, Plaintiff v. CDK GLOBAL, LLC, Defendant, Case No. 1:24-cv-05360 (N.D. Ill., June 26, 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. CDK Global LLC provides integrated information technology and digital marketing solutions. The Company offers solutions that automate and integrate critical workflow processes from pre-sale targeted advertising and marketing campaigns to the sale, financing, insurance, parts supply, and repair and maintenance of vehicles. [BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 Email: gklinger@milberg.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 332-4200 Email: ostrow@kolawyers.com - and - Gary F. Lynch, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Telephone: (412) 322-9243 Email: gary@lcllp.com CDK GLOBAL: Fails to Safeguard Clients' Info, Kallas Claims ----------------------------------------------------------- TOM KALLAS, ADRIAN AGUILAR, DORIE LELAND, BILL MUSSEY, MARILYN WHITEHEAD, CASSANDRA GILLEYLEN-BOWENS, MEGAN ZUMBACH, HANS STIRITZ, WILLIAM T. STIRITZ, and JOHN G. STIRITZ, individually and on behalf of all others similarly situated v. CDK Global, LLC, a Delaware entity, Case No. 1:24-cv-05384 (N.D. Ill., June 27, 2024) sues the Defendant for its failure to properly secure and safeguard personally identifiable information. To manage and keep track of its client's data, CDK collects and maintains Private Information from Plaintiffs and Class Members. On June 19, 2024, the Defendant was subject to a cyberattack. The Defendant investigated the Data Breach and confirmed that an unauthorized actor accessed the Defendant's systems and still has access to files that included the following: name, address, financial information, and Social Security number. The Defendant allegedly did not send notice of the Data Breach yet. Because of the Data Breach, the Plaintiffs and Class Members suffered ascertainable losses in the form of the loss of the benefit of their bargain, out-of-pocket expenses, and the value of their time reasonably incurred to remedy or mitigate the effects of the attack and the substantial and imminent risk of identity theft, the suit asserts. Because of this delayed response, the Plaintiffs and Class Members had no idea their Private Information had been compromised, and that they were, and continue to be, at significant risk of identity theft and various other forms of personal, social, and financial harm. The risk will remain for their lifetimes, added the suit. Mr. Kallas is a Citizen of Milford Charter Township, Michigan and intends to remain there. He purchased vehicles from the Defendant client's when it acquired his PII. Ms. Marilyn Whitehead is a Citizen of Sachse, Texas and intends to remain there. She purchased vehicles from the Defendant's clients when it acquired her PII. CDK is a software development firm that sells its products to car dealerships.[BN] The Plaintiffs are represented by: James B. Zouras, Esq. STEPHAN ZOURAS ATTORNEYS AT LAW 222 West Adams St., Suite 2020 Chicago, IL 60606 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 - and - Jarrett L. Ellzey, Esq. Leigh S. Montgomery, Esq. Alexander G. Kykta, Esq. ELLZEY & ASSOCIATES, PLLC 1105 Milford Street Houston, TX 77006 Telephone: (888) 350-3931 Facsimile: (888) 276-3455 E-mail: jarrett@ellzeylaw.com leigh@ellzeylaw.com alex@ellzeylaw.com CDK GLOBAL: Fails to Safeguard Customers' Info, Hester Says ----------------------------------------------------------- COBY HESTER, individually and on behalf of all others similarly situated v. CDK GLOBAL, LLC, Case No. 1:24-cv-05377 (N.D. Ill., June 27, 2024) alleges that the Defendant failed to implement reasonable and industry standard data security practices to properly secure, safeguard, and adequately destroy the Plaintiff's and Class Members' sensitive personal identifiable information that it had acquired and stored for its business purposes. According to the complaint, a wide variety of Private Information was implicated in the breach, including, name, addresses, Social Security numbers, driver's licenses, and financial details like credit card numbers and bank account information that happened on June 18, 2024. As a result of the Data Breach, the Plaintiff and Class Members are now at a current, imminent, and ongoing risk of fraud and identity theft. The Plaintiff and Class Members must now and for years into the future closely monitor their medical and financial accounts to guard against identity theft. As a result of Defendant's unreasonable and inadequate data security practices, Plaintiff and Class Members have suffered numerous actual and concrete injuries and damages, the suit asserts. Accordingly, the Plaintiff brings this action against the Defendant seeking redress for its unlawful conduct and asserting claims for: negligence and negligence per se, breach of third-party beneficiary contract, unjust enrichment and breach of fiduciary duty. The Plaintiff seeks remedies including compensatory damages, reimbursement of out-of-pocket costs, and injunctive relief including improvements to Defendant's data security systems, future annual audits, as well as long-term and adequate credit monitoring services funded by the Defendant, and declaratory relief. The Plaintiff is an employee of Northwest Dodge in Houstin, Texas, which is a dealership that used the software provided by the Defendant. CDK is a software development firm that sells its products to car dealerships.[BN] The Plaintiffs are represented by: Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com - and - Charles Schaffer, Esq. Nicholas J. Elia, Esq. LEVIN SEDRAN & BERMAN LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 592-4663 E-mail: cschaffer@lfsblaw.com nelia@lfsblaw.com CENCORA INC: Johnson Files Suit in E.D. Pennsylvania ---------------------------------------------------- A class action lawsuit has been filed against Cencora, Inc., et al. The case is styled as Clarence Johnson, individually and on behalf of all others similarly situated v. Cencora, Inc., The Lash Group, LLC, Glaxosmithkline LLC, Glaxosmithkline Patient Access Programs Foundation, Case No. 2:24-cv-02372-CMR (E.D. Pa., May 31, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Cencora, Inc. -- https://www.cencora.com/ -- formerly known as AmerisourceBergen, is an American drug wholesale company and a contract research organization that was formed by the merger of Bergen Brunswig and AmeriSource in 2001.[BN] The Plaintiffs are represented by: Gary F. Lynch, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: Gary@lcllp.com The Defendants are represented by: Gregory T. Parks, Esq. Kristin M. Hadgis, Esq. Terese M. Schireson, Esq. 2222 Market Street Philadelphia, PA 19103 Phone: (215) 963-5170 Fax: (215) 963-5001 Email: gparks@morganlewis.com kristin.hadgis@morganlewis.com terese.schireson@morganlewis.com - and - Emily Wheeling, Esq. MORGAN, LEWIS & BOCKIUS LLP 1701 MARKET STREET Philadelphia, PA 19103 Phone: (215) 963-5876 Fax: (215) 963-5001 Email: emily.wheeling@morganlewis.com CHANGE HEALTHCARE: CDC Suit Transferred to D. Minnesota ------------------------------------------------------- The case styled as Cardiovascular Diagnostic Center (A Professional Medical Corporation), individually and on behalf of all others similarly situated v. Change Healthcare, Inc., UnitedHealth Group Incorporated, Optum Inc., Case No. 3:24-cv-00063 was transferred from the U.S. District Court for the Northern District of Mississippi, to the U.S. District Court for the District of Minnesota on June 21, 2024. The District Court Clerk assigned Case No. 0:24-cv-02359-DWF-DJF to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. Change Healthcare -- https://www.changehealthcare.com/ -- is a provider of revenue and payment cycle management that connects payers, providers, and patients within the U.S. healthcare system.[BN] The Plaintiff is represented by: Matthew E Lundy, Esq. LUNDY, LUNDY, SOILEAU & SOUTH, LLP 501 Broad St. Lake Charles, LA 70601 Phone: (337) 439-0707 Email: mlundy@lundylawllp.com - and - Caroline Hogan Paschal, Esq. Kerry J. Miller, Esq. Paul Charest Thibodeaux, Esq. Stephen J. Herman, Esq. FISHMAN HAYGOOD 201 St Charles Ave 46th Fl New Orleans, LA 70170 Phone: (504) 556-5507 Email: hpaschal@fishmanhaygood.com kmiller@fishmanhaygood.com pthibodeaux@fishmanhaygood.com sherman@fishmanhaygood.com - and - Kristie M. Hightower, Esq. LUNDY LAW P O Box 3010 Lake Charles, LA 70602-3010 Phone: (337) 439-0707 Fax: (337) 439-1029 Email: khightower@lundyllp.com CHANGE HEALTHCARE: Luxe Dental Suit Transferred to D. Minnesota --------------------------------------------------------------- The case styled as Luxe Dental Spa, LLC, individually and on behalf of all others similarly situated v. Change Healthcare, Inc., UnitedHealth Group Incorporated, UnitedHealthcare, Inc., Optum Inc., Case No. 3:24-cv-04044 was transferred from the U.S. District Court for the District of New Jersey, to the U.S. District Court for the District of Minnesota on June 21, 2024. The District Court Clerk assigned Case No. 0:24-cv-02360-DWF-DJF to the proceeding. The nature of suit is stated as Other Contract for Other Personal Property. Change Healthcare -- https://www.changehealthcare.com/ -- is a provider of revenue and payment cycle management that connects payers, providers, and patients within the U.S. healthcare system.[BN] The Plaintiffs are represented by: Bill Matsikoudis, Esq. Derek Fanciullo, Esq. MATSIKOUDIS & FANCIULLO, LLC 128 Monticello Avenue Jersey City, NJ 07304 Phone: (201) 915-0407 Email: bmatsikoudis@mf-legal.com dfanciullo@mf-legal.com - and - Justin M. Smigelsky Nigel Halliday Christopher L. Ayers Jennifer R Scullion SEEGER WEISS LLP 55 Challenger Road, 6th Floor Ridgefield Park, NJ 07660 Phone: (973) 639-9100 Email: jsmigelsky@seegerweiss.com nhalliday@seegerweiss.com cayers@seegerweiss.com jscullion@seegerweiss.com The Defendants are represented by: Sean Michael Marotta, Esq. HOGAN LOVELLS US LLP 555 Thirteenth Street NW Washington, DC 20004 Phone: (202) 637-4881 Email: sean.marotta@hoganlovells.com CHANGE HEALTHCARE: Pivot Point Suit Transferred to D. Minnesota --------------------------------------------------------------- The case styled as Pivot Point Counseling, LLC, on behalf of itsself and all others similarly situated v. Change Healthcare, Inc., UnitedHealth Group Incorporated, UnitedHealthcare Inc., Optum Inc., Case No. 1:24-cv-01204 was transferred from the U.S. District Court for the District of Maryland, to the U.S. District Court for the District of Minnesota on June 21, 2024. The District Court Clerk assigned Case No. 0:24-cv-02358-DWF-DJF to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. Change Healthcare -- https://www.changehealthcare.com/ -- is a provider of revenue and payment cycle management that connects payers, providers, and patients within the U.S. healthcare system.[BN] The Plaintiffs are represented by: Daniel E. Gustafson, Esq. David A Goodwin, Esq. Joseph Nelson, Esq. GUSTAFSON GLUEK PLLC-MN 120 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Phone: (612) 333-8844 Fax: (612) 339-6622 Email: dgustafson@gustafsongluek.com dgoodwin@gustafsongluek.com jnelson@gustafsongluek.com - and - Jason S. Rathod, Esq. Nicholas Migliaccio, Esq. MIGLIACCIO AND RATHOD LLP 412 H. St. NE, Suite 302 Washington, DC 20002 Phone: (202) 470-3520 Fax: (202) 800-2730 Email: jrathod@classlawdc.com nmigliaccio@classlawdc.com CHANGE HEALTHCARE: Ridpath Suit Transferred to D. Minnesota ----------------------------------------------------------- The case styled as Darek K. Ridpath, D.D.S., P.C., Moe Karami, D.D.S., Inc., individually and on behalf of all others similarly situated v. Change Healthcare, Inc., UnitedHealth Group Incorporated, Optum Inc., Case No. 5:24-cv-00541 was transferred from the U.S. District Court for the Western District of Oklahoma, to the U.S. District Court for the District of Minnesota on June 21, 2024. The District Court Clerk assigned Case No. 0:24-cv-02363-DWF-DJF to the proceeding. The nature of suit is stated as Other Contract for Account Receivable. Change Healthcare -- https://www.changehealthcare.com/ -- is a provider of revenue and payment cycle management that connects payers, providers, and patients within the U.S. healthcare system.[BN] The Plaintiffs are represented by: Matthew J Sill, Esq. SILL LAW GROUP 1101 N Broadway Ave, Ste. 102 Oklahoma City, OK 73103 Phone: (405) 509-6300 Fax: (405) 509-6268 Email: matt@sill-law.com - and - Tara T. Tabatabaie, Esq. SILL LAW GROUP, PLLC 14005 North Eastern Avenue Edmond, OK 73013 Phone: (405) 509-6300 Fax: (405) 509-6268 Email: tara@sill-law.com COLLIGERE FARM: Fails to Pay Proper Wages, Arellano Alleges ----------------------------------------------------------- FIDEL ARELLANO; ANABEL NATAREN; and LUCIO ALVAREZ, individually and on behalf of all others similarly situated, Plaintiffs v. COLLIGERE FARM MANAGEMENT COMPANY; and DOES 1 through 50, inclusive, Defendants, Case No. 2:24-cv-01793-DB (E.D. Cal., June 26, 2024) is an action against the Defendants for failure to pay minimum wages, overtime compensation, authorize and permit meal and rest periods, provide accurate wage statements, and reimburse necessary business expenses. The Plaintiffs were employed by the Defendants as laborers. Colligere Farm Management Management specializes in vineyards and orchards, business, marketing, farm labor contract and equipment services. The Plaintiffs are represented by: Stan S. Mallison, Esq. Hector R. Martinez, Esq. Cody A. Bolce, Esq. MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94612-3547 Telephone: (510) 832-9999 Facsimile: (510) 832-1101 Email: StanM@TheMMLawFirm.com HectorM@TheMMLawFirm.com CBolce@TheMMLawFirm.com COMCAST CABLE: Davis Files Suit in Fla. Cir. Ct. ------------------------------------------------ A class action lawsuit has been filed against Comcast Cable Communications, LLC. The case is styled as Cory Davis, individually and on behalf of all others similarly situated v. Comcast Cable Communications, LLC, Case No. CACE24008761 (Fla. Cir. Ct., Broward Cty., June 21, 2024). Comcast Cable Communications, LLC doing business as Xfinity -- https://corporate.comcast.com/ -- is an American telecommunications business segment and division of Comcast Corporation.[BN] The Plaintiff is represented by: Chris Gold, Esq. GOLD LAW, PA 350 Lincoln Rd., 2nd Floor Miami Beach, FL 33139 Phone: 305-900-4653 Email: chris@chrisgoldlaw.com CONE HEALTH CONNECTED: Heiting Suit Removed to C.D. California -------------------------------------------------------------- The case styled as Anne Heiting, individually and on behalf of all others similarly situated v. Cone Health Connected Care LLC, Does 1 through 25, inclusive, Case No. 24STCV10444 was removed from the County of Los Angeles, to the U.S. District Court for the Central District of California on May 29, 2024. The District Court Clerk assigned Case No. 2:24-cv-04479-SB-AS to the proceeding. The nature of suit is stated as Other P.I. for Personal Injury. Cone Health -- https://www.conehealth.com/ -- is a not-for-profit network of healthcare providers serving people in Guilford, Forsyth, Rockingham, Alamance and Randolph counties.[BN] The Plaintiff is represented by: Robert Tauler, Esq. Wendy L.R. Miele, Esq. TAULER SMITH LLP 626 Wilshire Boulevard Suite 550 Los Angeles, CA 90017 Phone: (310) 590-3927 Email: rtauler@taulersmith.com wmiele@taulersmith.com The Defendants are represented by: Bethany Gayle Lukitsch, Esq. BAKER AND HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067 Phone: (310) 820-8800 Fax: (310) 820-8859 Email: blukitsch@bakerlaw.com - and - Desiree Hunter-Reay, Esq. Sean P. Killeen, Esq. BAKER HOSTETLER LLP 600 Montgomery Street Suite 3100 San Francisco, CA 94111 Phone: (415) 659-2600 Fax: (415) 659-2601 Email: dhunterreay@bakerlaw.com skilleen@bakerlaw.com CORRECTIONAL SOLUTIONS: Fails to Pay Proper Wages, Agnone Says -------------------------------------------------------------- MELANIE AGNONE, individually and on behalf of all others similarly situated, Plaintiff v. CORRECTIONAL SOLUTIONS GROUP LLC, Defendant, Case No. 6:24-cv-00228-JDK (E.D. Tex., June 26, 2024) 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 Agnone was employed by the Defendant as a nurse. Correctional Solutions Group LLC is a U.S. based correctional institution management company that provides services for correctional institutions, jails, and transitional centers across the U.S. [BN] The Plaintiff is represented by: Robi J. Baishnab, Esq. NILGES DRAHER LLC 1360 E. 9th St., Suite 808 Cleveland, OH 44114 Telephone: (216) 230-2955 Facsimile: (330) 754-1430 Email: rbaishnab@ohlaborlaw.com - and - Adam L. Slone, Esq. BRIAN G. MILLER CO., L.P.A. 250 W. Old Wilson Bridge Rd, Ste. 270 Worthington, OH 43085 Telephone: (614) 221-4035 Facsimile: (614) 987-7841 Email: als@bgmillerlaw.com DAGWOODS NORTH: Fails to Pay Servers' Minimum Wages Under FLSA -------------------------------------------------------------- DANIELLE MAFFEO, on behalf of herself and all others similarly situated v. DAGWOODS NORTH, LLC, Case No. 4:24-cv-03705-JD (D.S.C., June 27, 2024) alleges that the Plaintiff and all similarly situated Restaurant Servers have been denied federal minimum wages, in violation of the Fair Labor Standards Act ("FLSA"). The Plaintiff contends that the Defendant committed federal wage violations because it (1) compensated Restaurant Servers at a reduced sub-minimum wage for tipped employees, but failed to provide the Plaintiff and all others similarly situated with statutorily required notice of taking a tip credit; (2) required the Plaintiff and all others similarly situated to perform non-tipped duties and side work in excess of 30 continuous minutes in one or more shifts; and (3) required the Plaintiff and all others similarly situated to purchase uniforms and tools out of pocket prior to their first shift, and throughout their employment, thus causing their hourly rate to fall below the applicable federal minimum wage. The proposed collective members worked for the Defendant in the same capacity as the Plaintiff in that they were non-exempt, tipped Restaurant Servers employed by the Defendant and subject to the same practices and policies enforced by the Defendant at its restaurant located at 4200 Highway 17 S in North Myrtle Beach, South Carolina 29582. Ms. Maffeo worked for the Defendant as a restaurant server at the Dagwood's Deli & Sports Bar restaurant from March of 2022, through the present. Dagwood's is a restaurant and sports bar.[BN] The Plaintiff is represented by: Christopher C. Mingledorff, Esq. MINGLEDORFF & PATTERSON, LLC 245 Seven Farms Drive, Suite 310, Box 13 Charleston, SC 29492 Telephone: (843) 471-1015 E-mail: chris@mptrial.com - and - Jordan Richards, Esq. USA EMPLOYMENT LAWYERS - JORDAN RICHARDS, PLLC 1800 SE 10th Ave. Suite 205 Fort Lauderdale, FL 33316 Telephone: (954) 871-0050 E-mail: jordan@jordanrichardspllc.com DENTALPLANS.COM: Appeals Ruling in Bradley TCPA Suit to 4th Circuit ------------------------------------------------------------------- DENTALPLANS.COM, et al. are taking an appeal from a court order in the lawsuit entitled Deborah Bradley, individually and on behalf of all others similarly situated, Plaintiff, v. Dentalplans.com, et al., Defendants, Case No. 1:20-cv-01094-BAH, in the U.S. District Court for the District of Maryland. The suit is brought against the Defendants for alleged violations of the Telephone Consumer Protection Act. On Sept. 6, 2023, the Plaintiff filed a motion to certify class. On Oct. 11, 2023, Defendant Dentalplans.com filed a motion for summary judgment. On Jan. 2, 2024, the Plaintiff filed a motion for leave to file surreply instanter, which Defendant Dentalplans.com opposed on Jan. 10, 2024. On Jan. 6, 2024, Court Judge Brendan Abell Hurson entered an Order granting the Plaintiff's motion for leave to file surreply instanter and motion to certify class, and the Defendant's motion to file a surreply. The Defendant's motion for summary judgment was denied. The appellate case is captioned Dentalplans.com v. Deborah Bradley, Case No. 24-192, in the United States Court of Appeals for the Fourth Circuit, filed on June 21, 2024. [BN] Plaintiff-Respondent DEBORAH BRADLEY, individually and on behalf of all others similarly situated, is represented by: Amanda J. Allen, Esq. CONSUMER PROTECTION FIRM PLLC 401 East Jackson Street Tampa, FL 33602 Telephone: (813) 500-1500 - and - Alexander H. Burke, Esq. Daniel J. Marovitch, Esq. BURKE LAW OFFICES LLC 909 Davis Street Evanston, IL 60201 Telephone: (312) 729-5288 - and - Peter Albert Holland, Esq. Emanwel Josef Turnbull, Esq. HOLLAND LAW FIRM, PC 914 Bay Ridge Road Annapolis, MD 21403 Telephone: (410) 280-6133 Defendants-Petitioners DENTALPLANS.COM, et al. are represented by: David B. Carpenter, Esq. ALSTON & BIRD, LLP 950 F. Street, NW Washington, DC 20004 Telephone: (404) 881-7000 - and - Derin Bronson Dickerson, Esq. ALSTON & BIRD, LLP 1201 West Peachtree Street Atlanta, GA 30309 Telephone: (404) 881-7454 - and - Kelsey Louise Kingsbery, Esq. ALSTON & BIRD, LLP 555 Fayetteville Street Raleigh, NC 27601 Telephone: (919) 862-2200 GAP INC: Dalton Sues Over Blind-Inaccessible Website ---------------------------------------------------- Julie Dalton, individually and on behalf of all others similarly situated, Plaintiff v. Gap Inc., d/b/a, Banana Republic, Defendant, Case No. 0:24-cv-02475-DSD-DTS (D. Minn., June 26, 2024) arises out of Defendant's alleged violations of the Americans with Disabilities Act and the Minnesota Human Rights Act in connection with Defendant's failure to ensure its website to be fully accessible to, and independently usable by, individuals with vision-related disabilities. Plaintiff Dalton seeks relief including an injunction requiring Defendant to make its Website accessible to Plaintiff and the putative class; and requiring Defendant to adopt sufficient policies, practices, and procedures to ensure that Defendant's website remains accessible in the future. The Plaintiffs also seek an award of statutory attorney's fees and costs, damages, a damages multiplier, a civil penalty, and other appropriate relief. Headquartered in San Francisco, CA, Gap Inc., d/b/a Banana Republic, offers clothing and accessories for sale through its physical stores and its website, www.bananarepublic.gap.com. [BN] The Plaintiffs are represented by: Chad A. Throndset, Esq. Patrick W. Michenfelder, Esq. Jason Gustafson, Esq. 80 South 8th Street, Suite 900 Minneapolis, MN 55402 Telephone: (763) 515-6110 E-mail: chad@throndsetlaw.com pat@throndsetlaw.com jason@throndsetlaw.com GENERAL MOTORS: Smith Files FCRA Suit in D. Minnesota ----------------------------------------------------- A class action lawsuit has been filed against General Motors, LLC, et al. The case is styled as Zachary Smith, individually and on behalf of all those similarly situated v. General Motors, LLC, Onstar LLC, LexisNexis Risk Solutions Inc., Verisk Analytics, Inc., Case No. 2:24-cv-06516-CCC-LDW (D. Minn., May 29, 2024). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. General Motors Company -- https://www.gm.com/ -- is an American multinational automotive manufacturing company headquartered in Detroit, Michigan.[BN] The Plaintiff is represented by: Matthew Ross Mendelsohn, Esq. MAZIE SLATER KATZ & FREEMAN LLC 103 Eisenhower Parkway Roseland, NJ 07068 Phone: (973) 228-9898 Email: mrm@mazieslater.com HUMAN DEVELOPMENT: Dziura Files Appeal in Labor Class Action ------------------------------------------------------------ MARIANNA DZIURA, et al. filed an appeal in the lawsuit captioned Marianna Dziura, et al., individually and on behalf of others similarly situated, Plaintiffs, v. Human Development Association, Inc., et al., Defendants, Case No. 159998/2018(N.Y. Sup. Ct., Oct. 29, 2018). As previously reported in the Class Action Reporter, the plaintiff in this case seeks to recover minimum wages, overtime compensation, "spread of hours" compensation, as well as damages arising from Defendant's breach of contract, which they were deprived of, plus interest, attorneys' fees, and costs pursuant to the New York Labor Law. The Plaintiffs are citizens of the State of New York and are presently or were formerly employed by Defendant to provide personal care, assistance, health-related tasks and other home care services to Defendant's clients within the State of New York. According to the complaint, the Defendant has maintained a policy and practice of requiring Plaintiffs to regularly work in excess of 10 hours per day, without providing the proper hourly compensation for all hours worked, overtime compensation for all hours worked in excess of 40 hours in any given week, and "spread of hours" compensation. The appellate case is captioned Marianna Dziura, et al. vs. Human Development Association, Inc., et al., Case No. 24-03219, in the First Judicial Department of New York Appellate Division, filed on June 21, 2024. [BN] Defendants-Respondents HUMAN DEVELOPMENT ASSOCIATION, INC., et al., are represented by: Rachelle Rosenberg, Esq. ROSENBERG & STEINMETZ PC 275 Madison Ave. New York, NY 10016 Telephone: (212) 743-9904 IMPACT CARE: Fails to Pay OT Wages Under FLSA & OMFWSA, Kabia Says ------------------------------------------------------------------ MICHAEL KABIA and JOHN KEITA, on behalf of themselves and all others similarly situated v. IMPACT CARE OHIO LLC, Case No. 2:24-cv-03505-EAS-EPD (S.D. Ohio, June 27, 2024) challenges policies and practices of the Defendant that violate the Fair Labor Standards Act and the Ohio Minimum Fair Wage Standards Act. The Plaintiffs and other similarly situated employees were non-exempt employees under the FLSA and Ohio law and were paid an hourly wage. The Plaintiffs and other similarly situated employees, as full-time employees, regularly worked 40 or more hours in a workweek in the last three years, the lawsuit says. Despite working hours in excess of 40 each workweek, the Plaintiffs and other similarly situated employees were not paid overtime compensation at a rate of one and one-half their regular rate of pay for those hours worked in excess of forty hours per workweek, in violation of the FLSA, the lawsuit alleges. In addition, the Plaintiffs made numerous complaints to the Defendant regarding not being paid properly for their overtime hours. Despite the complaints, the Defendant maintained its pay practice of failing to compensate the Plaintiffs and those similarly situated for one and one half their regular rate of pay for all hours worked in excess of 40 each workweek. The Plaintiffs bring this case as a "collective action" pursuant to 29 U.S.C. section 216(b). The Plaintiffs also bring this case as a class action pursuant to Fed. R. Civ. P. 23 to remedy violations of the OMFWSA and R.C. 4113.15 on behalf of other similarly situated employees employed by the Defendant in Ohio. The Defendant employed the Plaintiff Kabia and the Plaintiff Keita from June of 2021 through March 5, 2024 as non-exempt employees who were paid on an hourly basis. The Defendant is a home health care company that provides health care services to individuals, including personal care, transportation, adult day support, and general household work.[BN] The Plaintiffs are represented by: Adam L. Slone, Esq. BRIAN G. MILLER CO., L.P.A. 250 West Old Wilson Bridge Road, Suite 270 Worthington, OH 43085 Telephone: (614) 221-4035 Facsimile: (614) 987-7841 E-mail: als@bgmillerlaw.com INSOMNIA COOKIES: Court Extends Time to File Class Cert Reply ------------------------------------------------------------- In the class action lawsuit captioned as Williams, et al., v. Insomnia Cookies, LLC, et al., Case No. 4:23-cv-00669 (E.D. Mo., Filed May 19, 2023), Hon. Judge Henry Edward Autrey entered an order on unopposed motion for extension of time to file response / reply as to motion to certify class motion for conditional collective certification. -- Additional time is granted up to and including July 22, 2024. The suit alleges violation of the Fair Labor Standards Act (FLSA).[CC] JAY CONFERENCE: Evans Sues Over Labor Law Breaches -------------------------------------------------- GRACE EVANS, on behalf of herself and others similarly situated, Plaintiff v. JAY CONFERENCE BRYANT PARK LLC a/k/a JAY SUITES, JACK SROUR, JUDA SROUR, and SHALIK HARFORD, Defendants, Case No. 1:24-cv-04860 (S.D.N.Y., June 26, 2024) seeks remedies for Defendants' violations of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff also brings this action for gender discrimination, sexual harassment, a hostile work environment, and retaliation in violation of New York City Human Rights Law and New York State Human Rights Law, for which she seeks compensatory damages, interest, reasonable attorneys' fees and costs, liquidated damages and other damages, and all other appropriate legal and equitable relief. The Plaintiff was hired by JC on January 11, 2023, as the Operations Coordinator at JC's Bryant Park location, where JC occupies two floors of the building. In exchange for her services, Plaintiff was supposed to receive $23.00 per hour for all hours worked up to 40 per week, and time and a half for all hours worked in excess of 40 hours per week. However, the Plaintiff and her similarly situated counterparts were not appropriately compensated for all hours worked. In addition, the Plaintiff was provided with no paperwork whatsoever regarding her wages, such as an acknowledgment as required under the NYLL advising her of her rate and overtime rate of pay, says the suit. Jay Conference Bryant Park LLC owns and operates a conference center in New York City, NY. [BN] The Plaintiff is represented by: Yale Pollack, Esq. LAW OFFICES OF YALE POLLACK, P.C. 66 Split Rock Road Syosset, NY 11791 Telephone: (516) 634-6340 E-mail: ypollack@yalepollacklaw.com KIA AMERICA: Brandt Sues Over Power Seat Motor Defect ----------------------------------------------------- Vincent Brandt, individually, and on behalf of all others similarly situated, Plaintiff v. KIA AMERICA, INC. Defendant, Case No. 2:24-cv-05415 (C.D. Cal., June 26, 2024) seeks remedy Defendant's various violations of law in connection with Defendant's manufacture, marketing, advertising, selling, warranting, and servicing of any 2020-2024 Kia Telluride that were manufactured between January 9, 2024, and May 29, 2024. These vehicles have malfunctions regarding their front power seat motor, which may overheat due to a stuck slide knob, presenting a risk of fire while the car is parked or being driven. As a result, on May 29, 2024, Kia recalled 462,869 of these vehicles. However, the Defendant's Recall does not offer any foreseeable guarantee that the Power Seat Motor Defect will go away permanently. Rather, the Recall mentions installing a bracket for the power seat switch back covers and replacing the seat slide knobs. The Recall does not give any detail on what causes the front power seat motor to get stuck and overheat in the first place. Accordingly, the Plaintiff asserts claims for breach of implied warranty of merchantability, fraud by omission or fraudulent concealment, unjust enrichment, strict liability: design defect, strict liability: manufacturing defect, declaratory judgment, and for violations of the Magnuson-Moss Warranty Act. Headquartered in Irvine, CA, Kia America, Inc. is a motor vehicle manufacturing company that offers passenger cars, minivans, sports utility vehicles, crossovers, sedans, vans, and cargo trucks. [BN] The Plaintiff is represented by: Eric M. Poulin, Esq. Paul J. Doolittle, Esq. Seth Little, Esq. POULIN | WILLEY | ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (803) 222-2222 Facsimile: (843) 494-5536 E-mail: eric.poulin@poulinwilley.com paul.doolittle@poulinwilley.com seth.little@poulinwilley.com - and - John C. Bohren, Esq. BOHREN LAW 8560 West Sunset Boulevard, 4th Floor West Hollywood, CA 90069 Telephone: (619) 433-2803 Facsimile: (800) 867-6779 LOCKHEED MARTIN: Waters Labor Suit Removed to C.D. California ------------------------------------------------------------- The case styled CHRISTIAN WATERS, individually and on behalf of all others similarly situated v. LOCKHEED MARTIN CORPORATION, a Maryland Corporation; and DOES 1 through 100, inclusive, Case No. 24STCV12283, was removed from Superior Court of the State of California, County of Los Angeles, to the U.S. District Court for the Central District of California on June 27, 2024. The Clerk of Court for the Central District of California assigned Case No. 2:24-cv-05484 to the proceeding. The suit is brought over the Defendants' alleged violations of the California Labor Code and California's Business and Professions Code including (1) failure to pay overtime wages, (2) unpaid minimum wages, (3) meal break violations, (4) failure to provide accurate wage statements, (5) failure to reimburse business expenses, (6) failure to allow inspection of employment records, and (7) unfair and unlawful business practices. Lockheed Martin Corporation is an American aerospace and defense manufacturer headquartered in North Bethesda, Maryland. [BN] The Plaintiff is represented by: John S. Battenfeld, Esq. MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071 Telephone: (213) 612-2500 Facsimile: (213) 612-2501 Email: john.battenfeld@morganlewis.com - and - John D. Hayashi, Esq. Kevin J. Bohm, Esq. Hailey A. Phelan, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626 Telephone: (714) 830-0600 Facsimile: (714) 830-0700 Email: john.hayashi@morganlewis.com kevin.bohm@morganlewis.com hailey.phelan@morganlewis.com MAXEON SOLAR: Wayne Sues Over Artificially Inflated Stock Prices ---------------------------------------------------------------- TREVOR WAYNE, individually and on behalf of all others similarly situated, Plaintiff v. MAXEON SOLAR TECHNOLOGIES, LTD., WILLIAM MULLIGAN, and KAI STROHBECKE, Defendants, Case No. 3:24-cv-03869 (N.D. Cal., June 27, 2024) is a class action against the Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants made materially false and misleading statements regarding Maxeon's business, operations, and prospects in order to trade Maxeon securities at artificially inflated prices between November 15, 2023 and May 29, 2024. Specifically, the Defendants failed to disclose to investors: (1) that Maxeon relied on the exclusive sales of certain products to SunPower; (2) that, following the termination of the Master Supply Agreement, the Company was unable to aggressively ramp sales; (3) that, as a result, revenue substantially declined; (4) that, as a result, the Company suffered a serious cash flow crisis; and (5) that, as a result of the foregoing, the Defendants' positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis. When the truth emerged, the Company's share price fell 34.7 percent, or $1.08, to close at $2.03 per share on May 30, 2024, on unusually heavy trading volume. As a result of the Defendants' wrongful acts and omissions and the precipitous decline in the market value of the company's common shares, the Plaintiff and other Class members have suffered significant economic losses and damages, says the suit. Maxeon Solar Technologies, Ltd. is a global manufacturer and marketer of solar technology with its principal executive offices located in Singapore. [BN] The Plaintiff is represented by: Robert V. Prongay, Esq. Charles Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 Email: info@glancylaw.com - and - Frank R. Cruz, Esq. THE LAW OFFICES OF FRANK R. CRUZ 2121 Avenue of the Stars, Suite 800 Century City, CA 90067 Telephone: (310) 914-5007 MIYANG HOME: Fails to Pay Caregivers' Minimum, OT Wages Under FLSA ------------------------------------------------------------------ LUCINDA JUSTICE, Individually, and on behalf of herself and others similarly situated v. MIYANG HOME CARE, LLC, d/b/a ACTI-KARE and MIYANG SIN, Individually, Case No. 3:24-cv-00281 (E.D. Tenn., June 27, 2024) seeks to recover unpaid minimum wages and unpaid overtime compensation under the Fair Labor Standards Act. The suit says that the Plaintiff and those similarly situated routinely performed work for the Defendants in excess of 40 hours per week within weekly pay periods. This action is intended to include every similarly situated full-time, hourly-paid caregiver who has worked for the Defendants anywhere in the United States at any time within the past three years. This action also is brought as a Fed. R. P. 23 class action, alleging breach of contract and unjust enrichment/quantum meruit under Tennessee state law, to recover unpaid commissions and contractual wages or, in the alternative, unjust enrichment/quantum meruit compensation, that is owed to the Plaintiffs and other similarly situated current and former hourly-paid tow-truck drivers who are a member of a Rule 23 class, and who are currently or previously employed by the Defendants. The Plaintiff was employed by the Defendants as an hourly-paid caregiver in the Knoxville, Tennessee area. Miyang is in the home care business.[BN] The Plaintiff is represented by: Gordon E. Jackson, Esq. J. Russ Bryant, Esq. J. Joseph Leatherwood IV, Esq. Joshua Auty, Esq. JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT 262 German Oak Drive Memphis, TN 38018 Telephone: (901) 754-8001 Facsimile: (901) 754-8524 E-mail: gjackson@jsyc.com rbryant@jsyc.com jleatherwood@jsyc.com jautry@jsyc.com MOLINA HEALTHCARE: Filing for Class Cert. Bid Due Feb. 24. 2025 --------------------------------------------------------------- In the class action lawsuit captioned as Kruzel v. Molina Healthcare, Inc., et al., Case No. 6:23-cv-01183 (D. Or., Filed Aug. 14, 2023), the Hon. Judge Ann L. Aiken entered an order as follows: -- Plaintiff shall disclose expert testimony Nov. 12. 2024 pursuant to Rule 26(a)(2) in support of class certification by: -- Class certification motion to be filed by Feb. 24. 2025 The suit alleges violation of the Telephone Consumer Protection Act. Molina operates as a managed care organization. Molina is a managed care company headquartered in Long Beach, California, United States. The company provides health insurance to individuals through government programs such as Medicaid and Medicare.[CC] MOVADO GROUP: Website Inaccessible to Blind, Brown Suit Says ------------------------------------------------------------ ZEBONE BROWN, on behalf of herself and all others similarly situated v. MOVADO GROUP, INC., Case No. 1:24-cv-04890 (S.D.N.Y., June 27, 2024) sues the Defendant for failing to design, construct, maintain, and operate Defendant's website, www.mvmt.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, under the Americans with Disabilities Act. On April 23, 2024 the Plaintiff visited the Defendant's website to purchase a watch (Chrono Ceramic watch). Despite Plaintiff's efforts, however, the Plaintiff was denied a shopping experience similar to that of a sighted individual due to the website's lack of a variety of features and accommodations, which effectively barred Plaintiff from having an unimpeded shopping experience. Due to the Defendant's failure to build the Website in a manner that is compatible with screen access programs, the Plaintiff was unable to understand and properly interact with the Website, and was thus denied the benefit of purchasing the watch that the Plaintiff wished to acquire from the Website, the suit says. Because simple compliance with the WCAG 2.1 Guidelines would provide the Plaintiff and other visually-impaired consumers with equal access to the Website, Plaintiff alleges that Defendant has engaged in acts of intentional discrimination, the suit adds. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Ms. Brown is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. Movado is a designer and manufacturer of watches.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com NC HOLDINGS: Quinn Suit Removed from Cir. Ct. to W.D. Missouri -------------------------------------------------------------- The class action lawsuit captioned as JEANNETTE QUINN, on behalf of herself and a class of similarly situated former employees v. NC HOLDINGS, LLC a/k/a NC Holdings, Inc., VH INTERMEDIARY I, LLC f/k/a Nueterra Capital LLC, NHC STOCK IRREVOCABLE TRUST, VALUEHEALTH, LLC, VALUEHEALTH INTERMEDIARY I, LLC, DONALD R. PETERSON, PETERSON IRREVOCABLE TRUST, WILLIAM SOLOMON, THOMAS CARTER, RYAN COLE, CORY COUNTRYMAN, PLATINUM MEDICAL MANAGEMENT, INC., PLATINUM TEAM MANAGEMENT, INC., PLATINUM NEIGHBORS, INC, & JOE DOE ENTITIES 1-20, Case No. 24CW-CV00347 (Filed March 28, 2024), was removed from the Callaway County Circuit Court, to the United States District Court for the Western District of Missouri on June 27, 2024. The Western Missouri District Court Clerk assigned Case No. 2:24-cv-04105-SRB to the proceeding. The suit alleges violation of Employee Retirement Income Security Act of 1974. Ms. Quinn alleges breach of contract and other claims based on an agreement to provide health insurance and employee benefits and allegations that insurance premiums were withheld from insurance vendors. NC Holdings provides wholesale distribution of sporting and recreation goods.[BN] The Defendants are represented by: Matthew D. Stromberg, Esq. FOULSTON SIEFKIN LLP 7500 College Boulevard, Suite 1400 Overland Park, KS 66210 Telephone: (913) 253-2144 Facsimile: (913) 498-2101 E-mail: mstromberg@foulston.com NCAA: Brantmeier Suit Seeks to Certify Rule Class ------------------------------------------------- In the class action lawsuit captioned as REESE BRANTMEIER, on behalf of herself and all others similarly situated, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, Case No. 1:24-cv-00238-CCE-JEP (M.D.N.C.), the Plaintiff asks the Court, pursuant to Fed. R. Civ. P. 23(a), (b)(2), and (c)(1) and LR 23.1(b): -- certifying the following Class: "All persons in the United States who: (a) At any time between March 19, 2020, and the date of judgment in this matter, competed in athletic events that awarded Prize Money based on place finish or performance in those sports defined by the NCAA as Individual Sports, and who meet all eligibility requirements to participate in NCAA intercollegiate competition, or would have met all eligibility requirements if they had not accepted Prize Money; or (b) currently participate in NCAA Division I Individual Sports and intend to compete in athletic events that award Prize Money based on place finish or performance;" -- appointing the undersigned counsel as Class Counsel; and -- appointing the named Plaintiff as the Class Representative. Pursuant to LR 7.3(c)(1), the Plaintiff also requests oral argument. The Plaintiff contends that the provisions of Fed. R. Civ. P. 23 have been satisfied and certification of the proposed Class is appropriate and warranted. National Collegiate is a nonprofit organization that regulates student athletics among about 1,100 schools in the United States, and one in Canada. A copy of the Plaintiff's motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=sN05aT at no extra charge.[CC] The Plaintiff is represented by: Arthur M. Stock, Esq. Daniel K. Bryson, Esq. Lucy N. Inman, Esq. Jacob M. Morse, Esq. Peggy J. Wedgworth, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (919) 600-5000 E-mail: astock@milberg.com dbryson@milberg.com linman@milberg.com jmorse@milberg.com pwedgworth@milberg.com - and - Jason A. Miller, Esq. MILLER MONROE & PLYLER PLLC 1520 Glenwood Avenue Raleigh, NC 27608 Telephone: (919) 809-7346 E-mail: jmiller@millermonroe.com - and - Joel Lulla, Esq. 1520 Glenwood Avenue Raleigh, NC 27608 Telephone: (919) 809-7346 E-mail: joel_lulla@yahoo.com NO. 1 CHINESE: Website Not Accessible to Blind, Solis Suit Says --------------------------------------------------------------- ROBERTO SOLIS, on behalf of himself and all others similarly situated v. NO. 1 CHINESE RESTAURANT BROADWAY, INC., Case No. 1:24-cv-04549 (E.D.N.Y., June 27, 2024) sues the Defendant for its failure to design, construct, maintain, and operate its website, www.no1queens.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, pursuant to the Americans with Disabilities Act. On April 5, 2024, the Plaintiff visited the Defendant's website to learn more about the restaurant's menu and to place an online order. Despite his efforts, however, the Plaintiff was denied an experience similar to that of a sighted individual due to the website's lack of a variety of features and accommodations, which effectively barred the Plaintiff from having an unimpeded browsing experience. Due to the inaccessibility of the Defendant's Website, blind and visually-impaired customers such as the Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services the Defendant offers to the public on the Website. The access barriers Plaintiff encountered have caused a denial of the Plaintiff's full and equal access in the past, and now deter the Plaintiff on a regular basis from equal access to the Website, the suit says. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Mr. Solis is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. No.1 Chinese offers a menu rich in a variety of traditional Chinese dishes, including vegetarian options.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com NOVARTIS PHARMACEUTICALS: Parties Must Confer Class Cert Deadlines ------------------------------------------------------------------ In the class action lawsuit captioned as Series 21-12-1644, a designated series of MSP Recovery Claims, Series LLC, et al., v. Novartis Pharmaceuticals Corporation, et al., Case No. 6:24-cv-01213 (M.D. Fla., Filed July 1, 2024), the Hon. Judge Paul G. Byron entered an order directing the parties to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. -- The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery -- class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. The suit alleges violation of the Racketeer Influenced and Corrupt Organizations Racketeering (RICO) Act. Novartis manufactures, markets and/or distributes more than 65 drugs in the United States.[CC] P.F. CHANG'S: Website Not Accessible to Blind, Solis Suit Says -------------------------------------------------------------- ROBERTO SOLIS, on behalf of himself and all others similarly situated v. P.F. CHANG'S CHINA BISTRO, INC., Case No. 1:24-cv-04554 (E.D.N.Y., June 27, 2024) alleges that the Defendant failed to design, construct, maintain, and operate Defendant's website, www.pfchangs.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, in violation of the Americans with Disabilities Act. On April 5, 2024, the Plaintiff visited the Defendant's website to learn more about the restaurant's menu and to place an online order. Despite his efforts, however, the Plaintiff was denied an experience similar to that of a sighted individual due to the website's lack of a variety of features and accommodations, which effectively barred the Plaintiff from having an unimpeded browsing experience. Due to the inaccessibility of the Defendant's Website, blind and visually-impaired customers such as the Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services the Defendant offers to the public on the Website. The access barriers the Plaintiff encountered have caused a denial of the Plaintiff's full and equal access in the past, and now deter the Plaintiff on a regular basis from equal access to the Website, the suit asserts. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Mr. Solis is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. The Defendant offers an extensive menu of Asian and Chinese cuisine, with options to order online for take-out or delivery, make reservations, and explore various meal choices.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com PANDA RESTAURANT: Website Inaccessible to Blind, Solis Suit Says ---------------------------------------------------------------- ROBERTO SOLIS, on behalf of himself and all others similarly situated v. PANDA RESTAURANT GROUP, INC., Case No. 1:24-cv-04553-RPK-VMS (E.D.N.Y., June 27, 2024) alleges that the Defendant failed to design, construct, maintain, and operate its website, www.pandaexpress.com, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired people, in violation of the Americans with Disabilities Act. On April 5, 2024, the Plaintiff visited Defendant's website to learn more about the restaurant's menu and to place an online order. Despite his efforts, however, the Plaintiff was denied an experience similar to that of a sighted individual due to the website's lack of a variety of features and accommodations, which effectively barred the Plaintiff from having an unimpeded browsing experience. Due to the inaccessibility of Defendant's Website, blind and visually-impaired customers such as the Plaintiff, who need screen-readers, cannot fully and equally use or enjoy the facilities, products, and services the Defendant offers to the public on the Website. The access barriers Plaintiff encountered have caused a denial of Plaintiff's full and equal access in the past, and now deter the Plaintiff on a regular basis from equal access to the Website, the lawsuit asserts. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Mr. Solis is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. Panda Express is a restaurant renowned for its extensive menu that combines traditional Chinese flavors with American tastes.[BN] The Plaintiff is represented by: Rami Salim, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 E-mail: rsalim@steinsakslegal.com PAYCOR INC: John Suit Files Renewed Bid for Class Status -------------------------------------------------------- In the class action lawsuit captioned as KELLIN JOHNS and JUAN BARRON, individually and on behalf of all others similarly situated, v. PAYCOR, INC., Case No. 3:20-cv-00264-DWD (S.D. Ill.), the Plaintiffs ask the Court to enter an order: (1) certifying Plaintiffs' Biometric Information Privacy Act (BIPA) claims as a class action; (2) appointing Named Plaintiffs Kellin Johns and Juan Barron as Class Representatives; (3) appointing Stephan Zouras, LLC and Peiffer Wolf Carr Kane Conway & Wise, LLP as Class Counsel; and (4) authorizing court-facilitated notice of this action to class members. The Plaintiffs' proposed class is: "All individuals working in the State of Illinois who had their fingerprints, hand geometry or other biometric data collected, captured, received, or otherwise obtained or disclosed by Defendant's Perform Time biometric timekeeping system during the applicable statutory period." Paycor designs, markets and sells biometric timekeeping devices, software, and payroll services to its customers nationwide, and throughout Illinois. A copy of the Plaintiffs' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GtG3Ao at no extra charge.[CC] The Plaintiffs are represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. Catherine Mitchell Duffy, Esq. STEPHAN ZOURAS, LLC 222 W. Adams Street, Suite 2020 Chicago, IL 60606 Telephone: (312) 233-1550 Facsimile: (312) 233-1560 E-mail: rstephan@stephanzouras.com jzouras@stephanzouras.com cmitchell@stephanzouras.com - and - Brandon M. Wise, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE, LLP One US Bank Plaza, Suite 1950 St. Louis, MO 63101 Telephone: (314) 833-4825 E-mail: bwise@peifferwolf.com PEOPLECONNECT INC: Parties Seek to Stay Proceeding Pending Appeal ----------------------------------------------------------------- In the class action lawsuit captioned as ALICIA NOLEN, individually and on behalf of all others similarly situated, v. PEOPLECONNECT, INC., a Delaware Corporation, Case No. 3:20-cv-09203-EMC (N.D. Cal.), the Parties ask the Court to enter an order to stay proceedings in this case pending the resolution of the interlocutory appeal now before the Ninth Circuit, including the Court's Order directing the Parties to conduct and complete notice to the class pursuant to Rule 23(c)(2)(B). On Dec. 14, 2023, the Court conditionally granted Plaintiff's motion for class certification. On Dec. 28, 2023, PeopleConnect petitioned to the Ninth Circuit for permission to appeal pursuant to Federal Rule of Civil Procedure 23(f). On May 8, 2024, the Parties submitted a joint status report regarding the class definition and protocol for providing notice to the class. The Court issued an order adopting a final class definition on May 20, 2024. Four days later, PeopleConnect renewed its prior petition for leave to appeal the Court's certification of a class in this case pursuant to Rule 23(f). On June 21, 2024, the Ninth Circuit consolidated PeopleConnect's two petitions for leave to appeal and granted PeopleConnect's consolidated petitions. Peopleconnect provides online social network services. A copy of the Parties' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=9NzTVo at no extra charge.[CC] The Plaintiff is represented by: Raina C. Borrelli, Esq. Samuel J. Strauss, Esq. STRAUSS BORRELLI PLLC 980 N. Michigan Avenue, Suite 1610 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 E-mail: raina@turkestrauss.com sam@turkestrauss.com - and - Michael F. Ram, Esq. Marie N. Appel, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 711 Van Ness Avenue, Suite 500 San Francisco, CA 94102 Telephone: (415) 358-6913 Facsimile: (415) 358-6923 E-mail: mram@forthepeople.com mappel@forthepeople.com - and - Benjamin R. Osborn, Esq. LAW OFFICE OF BENJAMIN R. OSBORN 102 Bergen St. Brooklyn, NY 11201 Telephone: (347) 645-0464 E-mail: ben@benosbornlaw.com The Defendant is represented by: Benjamin T. Halbig, Esq. Debbie L. Berman, Esq. Wade A. Thomson, Esq. Clifford W. Berlow, Esq. Kate T. Spelman, Esq. JENNER & BLOCK LLP 525 Market Street, 29th Floor San Francisco, CA 94105 Telephone: (628) 267-6800 Facsimile: (628) 267-6859 E-mail: bhalbig@jenner.com dberman@jenner.com wthomson@jenner.com cberlow@jenner.com kspelman@jenner.com PLACE FOR MOM: Pineda Class Suit Removed from Sup. Ct. to N.D. Cal. ------------------------------------------------------------------- The class action lawsuit captioned as HECTOR PINEDA, individually and on behalf of all others similarly situated v. A PLACE FOR MOM, a Delaware corporation; and DOES 1–50, inclusive, Case No. 24CV076933 (Filed Jan. 16, 2024), was removed from the Superior Court of California, Alameda County to the United States District Court for the Northern District of California on June 27, 2024. The Northern California District Court Clerk assigned Case No. 3:24-cv-03875 to the proceeding. The suit alleges: (1) violation of California Labor Code sections 1194 and 1197 and 1197.1 (Unpaid Minimum Wages); (2) violation of California Labor Code sections 510 and 1198 (Unpaid Overtime); (3) violation of California Labor Code sections 226.7 and 512(a) (Unpaid Meal Period Premiums); (4) violation of California Labor Code sections 226.7 (Unpaid Rest Premiums); (5) violation of California Labor Code sections 201, 202 and 203 (Untimely Payment of Final Wages); and (6) violation of California Labor Code section 204 (Untimely Payment of Wages). The Plaintiff seeks to represent a proposed class defined as follows: "all current and former hourly-paid or non-exempt employees of the Defendants within the State of California at any time during the period from four years prior to the filing of this Complaint to final judgment." The Plaintiff divides the proposed class into nine subclasses, defined as follows: "Subclass A: All class members who received overtime compensation at a rate lower than their respective regular rate of pay because Defendants failed to include all shift differential pay/commissions/non-discretionary bonuses/non- discretionary performance pay in the calculation of the regular rate of pay for overtime pay purposes." "Subclass B: All class members who received sick compensation at a rate lower than their respective regular rate of pay because Defendants failed to include all shift differential pay/commissions/non-discretionary bonuses/non-discretionary performance pay in the calculation of the regular rate of pay for overtime pay purposes." "Subclass C: All class members who earned shift differential pay/ commissions/non-discretionary bonuses/non- discretionary performance pay that was not used to calculate the amount of the meal break or rest break penalty/premium payment.” "Subclass D: All class members who were required by Defendants to stay on Defendants' premises for rest breaks." "Subclass E: All class members who were subject to Defendants' practice of rounding time recorded for purposes of calculating compensation for time worked or for calculating meal periods." "Subclass F: All class members who were subject to Defendants' practice of untimely payment of their final wages." "Subclass G: All class members who were subject to Defendants' practice of providing non compliant wage statements." "Subclass H: All class members who were subject to Defendants' practice of providing inaccurate paid sick leave." "Subclass I: All class members who were subject to Defendants' failure to keep requisite payroll records." Mr. Pineda was employed by the Defendant from April 10, 2023 until August 17, 2023. Place for Mom provides personal and professional assistance to families in search of senior care options.[BN] The Defendants are represented by: Mara D. Curtis, Esq. Tanner J. Hendershot, Esq. REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: (213) 457-8000 Facsimile: (2130 457-8080 E-mail: mcurtis@reedsmith.com thendershot@reedsmith.com PROFESSIONAL PLATING: Class Cert Bids Filing Extended to August 30 ------------------------------------------------------------------ In the class action lawsuit captioned as Braden v. Professional Plating Inc., Case No. 1:23-cv-01598 (E.D. Wisc., Filed Nov. 28, 2023), the Hon. Judge William C. Griesbach entered an order granting joint motion for extension of time to Aug. 30, 2024, for the parties to file motions for class certification and decertification. The suit alleges violation of the Fair Labor Standards Act (FLSA). Professional is a provider of metal finishing solutions.[CC] RETAIL ENERGY: Lyman Suit Seeks to Certify Class Action ------------------------------------------------------- In the class action lawsuit captioned as Maxx Lyman, individually and on behalf of all others similarly situated, v. Retail Energy Holdings, LLC d/b/a Town Square Energy, Case No. 2:24-cv-01629-SMB (D. Ariz.), the Plaintiff, individually and on behalf of the Class, request the following relief: -- An order certifying this matter as a class action with Plaintiff as Class Representative, and designating Plaintiff's counsel as Class Counsel; -- On the First Count, an award of actual or statutory damages of $500 for each and every negligent violation and $1,500 for each willful violation to each member of the Class pursuant to 47 U.S.C. section 227(b)(3)(B) and injunctive relief prohibiting Defendant’s conduct complained of herein, pursuant to 47 U.S.C. section 227(b)(3)(A); -- Costs of suit; -- Reasonable attorneys' fees pursuant to, inter alia, the common fund doctrine; -- Pre-judgment and post-judgment interest on monetary relief; and -- All other and further relief as the Court deems necessary, just, and proper. Retail Energy provides electricity trading services. A copy of the Plaintiff's motion dated July 2, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=rurzgU at no extra charge.[CC] The Plaintiff is represented by: David J. McGlothlin, Esq. Ryan L. McBride, Esq. KAZEROUNI LAW GROUP, APC 301 E. Bethany Home Road, Suite C-195 Phoenix, AZ 85012 Telephone: (800) 400-6808 Facsimile: (800) 520-5523 E-mail: david@kazlg.com ryan@kazlg.com RETREAT BEHAVIORAL: Williams Sues Over Mass Layoff Without Notice ----------------------------------------------------------------- MIA WILLIAMS and BRITTANY CALVERT, on behalf of themselves and all others similarly situated, Plaintiffs v. RETREAT BEHAVIORAL HEALTH, LLC, NR FLORIDA ASSOCIATES, LLC, CHRISTY GARIANO, ALEXANDER HOINSKY, ESTATE OF PETER SCHORR, and ESTATE OF SCOTT KOROGODSKY, Defendants, Case No. 9:24-cv-80787 (S.D. Fla., June 27, 2024) is a class action against the Defendants for failure to pay wages for all hours worked in violation of the Fair Labor Standards Act of 1938 and for failure to provide 60 days advance notice of termination in violation of the Worker Adjustment and Retraining Notification Act. The Plaintiffs worked for the Defendants until their termination on or about June 21, 2024. Retreat Behavioral Health, LLC is a provider of behavioral and mental health services in Florida, Connecticut, and Pennsylvania. NR Florida Associates, LLC is a provider of behavioral and mental health services in Florida, Connecticut, and Pennsylvania. [BN] The Plaintiffs are represented by: Ryan D. Barack, Esq. Michelle Erin Nadeau, Esq. KWALL BARACK NADEAU PLLC 304 S. Belcher Rd., Suite C Clearwater, FL 33765 Telephone: (727) 441-4947 Facsimile: (727) 447-3158 Email: rbarack@employeerights.com mnadeau@employeerights.com - and - Michael A. Pancier, Esq. MICHAEL A. PANCIER, P.A. 9000 Sheridan Street, Suite 93 Pembroke Pines, FL 33024 Telephone: (954) 862-2217 Email: mpancier@pancierlaw.com RON NEAL: Court Directs Separate Case for Stanley Holmes -------------------------------------------------------- In the class action lawsuit captioned as Stanley Holmes., et al., v. RON NEAL, et al., Case No. 3:24-cv-00533-GSL-JEM (N.D. Ind.), .), the Court entered and order directing the clerk to open a separate case for Stanley Holmes with his Complaint. A copy of the Court's order dated July 1, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=yU0Xb7 at no extra charge.[CC] RON NEAL: Perry's Bid for Class Certification Tossed ---------------------------------------------------- In the class action lawsuit captioned as RODNEY S. PERRY, SR., v. RON NEAL, et al., Case No. 3:24-cv-00529-GSL-JEM (N.D. Ind.), the Hon. Judge Gretchen Lund entered an order denying Perry's motion for class certification. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=EOM7CP at no extra charge.[CC] ROOKWOOD POTTERY: Fails to Pay Proper Wages, Davis Suit Claims -------------------------------------------------------------- Jordan Davis, on behalf of himself and all other persons similarly situated, known and unknown, Plaintiff v. The Rookwood Pottery Restaurant, LLC, Bret Michaud and Brian Michaud, Defendants, Case No. 1:24-cv-00343-MWM (S.D. Ohio, June 26, 2024) seeks to address Defendants' failure to pay Plaintiff and other similarly-situated employees all earned minimum and overtime wages pursuant to the Fair Labor Standards Act and the Ohio Revised Code. The Plaintiff was employed as a server at the Rookwood from approximately March 1, 2022 until approximately November 30, 2022. Allegedly, the Defendants violated the FLSA and Ohio law by enforcing a policy or practice of paying Plaintiff, the Collective Members and the Class Members sub-minimum, tip-credit wages even when it required those employees to perform non-tipped work that is unrelated to their tipped occupation. Rookwood Pottery Restaurant, LLC is an American restaurant in Hamilton County, Ohio. [BN] The Plaintiff is represented by: James L. Simon, Esq. SIMON LAW CO. 11 1/2 N. Franklin Street Chagrin Falls, OH 44022 Telephone: (216) 816-8696 E-mail: james@simonsayspay.com SAPON RAHMAN: Garcia Seeks to Recover Proper Overtime Wages ----------------------------------------------------------- Fatima GUEVARA GARCIA, for herself and for all others similarly situated, Plaintiff v. Sapon RAHMAN and Rokshana MANNAN, DEFENDANTS, Case No. 8:24-cv-01863-TJS (D. Md., June 26, 2024) alleges tip and overtime violations under the Fair Labor Standards Act and the Maryland Wage Payment and Collection Law. Ms. Guevara performed work as a fast-food worker at Defendants' Subway franchises in Prince George's County, Maryland, between November 2022 and May 2024, working roughly 43 through 48 hours per week. Allegedly, the Defendants routinely disguised overtime pay as regular pay by paying Ms. Guevara by two checks from two of their forfeited companies for her work in excess of 40 hours per week, neither of which checks revealed or paid overtime properly. In addition, the Defendants did not share tips with non-exempt workers in a lawful manner, but kept them or otherwise paid them to non-qualified recipients. Mr. Rahman and Ms. Mannan owned and ran Subway fast food franchises in Prince George's in at least three locations in Lanham, Capitol Heights and Largo, Maryland, among other possible locations. The Plaintiff is represented by: T. Bruce Godfrey, Esq. ZIPIN AMSTER & GREENBERG 8757 Georgia Avenue #400 Silver Spring, MD 20910 Telephone: (301) 587-9373 Facsimile: (240) 839-9142 E-mail: bgodfrey@zagfirm.com SAVE MART: Baker Seeks to Certify Non-Union Participants -------------------------------------------------------- In the class action lawsuit captioned as KATHERINE BAKER, JOSE LUNA, EDGAR POPKE, and DENNY G. WRASKE, Jr., on behalf of themselves and all others similarly situated, v. SAVE MART SUPERMARKETS and SAVE MART SELECT RETIREE HEALTH BENEFIT PLAN, Case No. (N.D. Cal,), the Plaintiffs will move the Courton Oct. 3, 2024, for an order certifying the case as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(1), (b)(2), and/or (b)(3). The case arises out of a decision by the Defendants Save Mart Supermarkets and Save Mart Select Retiree Health Benefit Plan (the "Plan") to eliminate lifetime retiree health benefits for its non-union retirees in 2022. The Plaintiffs seek certification of a Class consisting of: "the non-union participants in the retiree Plan at the time of its termination, as well as non-union Save Mart employees who retired and met the eligibility criteria to become participants in the Plan at any time between when Save Mart announced the termination on April 22, 2022 and the resolution of this action." This Class consists of Save Mart's longest serving and most dedicated employees, as earning Save Mart's retiree medical benefits was no small feat. When Save Mart attempted to terminate retiree benefits in 2022, it failed to follow a basic requirement of the Plan: use of a formal "written instrument" that was "duly executed on behalf of the Company." Instead, Save Mart distributed a letter to retirees in April 2022, purporting to discontinue benefits as of June 2022. Even if Save Mart had properly terminated the Plan, Save Mart's actions in 2022 revealed that its decades of common, uniform representations that the retiree medical benefit was for life were, in fact, misrepresentations. Save Mart is an American grocery store operator. A copy of the Plaintiffs' motion dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=7uI07D at no extra charge.[CC] The Plaintiffs are represented by: Anne B. Shaver, Esq. Michelle A. Lamy, Esq. Benjamin A. Trouvais, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN LLP 275 Battery St., 29th Floor San Francisco, CA 94111 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 - and - James P. Keenley, Esq. Emily A. Bolt, Esq. BOLT KEENLEY KIM LLP 2855 Telegraph Ave., Suite 517 Berkeley, CA 94705 Telephone: (510) 225-0696 Facsimile: (510) 225-1095 - and - Matthew J. Matern, Esq. Mikael H. Stahle, Esq. MATERN LAW GROUP, PC 1230 Rosecrans Ave., Suite 200 Manhattan Beach, CA 90266 Telephone: (310) 531-1900 Facsimile: (310) 531-1901 SECURA INSURANCE: Court Directs Discovery Plan Filing in Ritter ---------------------------------------------------------------- In the class action lawsuit captioned as Ritter et al., v. SECURA Insurance Company, Case No. 1:24-cv-01187-JES-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. Secura offers property and casualty insurances. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=C7SdNM at no extra charge.[CC] SELECT REHABILITATION: Evidentiary Hearing Set for July 24 ---------------------------------------------------------- In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN, CRYSTAL VANDERVEEN, JUSTIN LEMBKE, and SCOTT HARDT, individually and on behalf of all others similarly situated, V. SELECT REHABILITATION, LLC, Case No. 3:22-cv-00059-HES-MCR (M.D. Fla.), the Hon. Judge Harvey Schlesinger entered an order as follows: 1. An evidentiary hearing is set for July 24, 2024, at 2:00 p.m. in Courtroom IOC. Counsel are required to appear in person. 2. For the present time, the motions listed below are unreferred from Judge Richardson and will not be ruled on by this Court but be treated as moot. After the evidentiary hearing on July 24, 2024, they may be stricken for the reasons stated at the June 26, 2024 status conference. 3. The Clerk is directed to keep the entry and PDF document for those pleadings discussed above in section 2 on the docket but include a designation to indicate that they are currently Moot. 4. "Plaintiffs Unopposed Motion to Vacate Scheduling Order, Continue Trial, Set a Rule 16 Pre trial Conference or Motion for Leave of Court to File an Amended Case Management Report" is granted to the extent that this Court will amend case management deadlines at the July 24, 2024 evidentiary hearing. 5. This Court will address "Defendant's Motion to Extend All Discovery Deadlines and to Stay Deadline to Respond to Plaintiffs' Motion for Class Certification to Allow for Class Discovery" after the July 24, 2024 evidentiary hearing. 6. Each party should bring relevant evidence to support their claims related to the record dispute at issue to the July 24, 2024 evidentiary hearing for this Court to review. And this Court assumes the documents Mr. Williams discussed at the June 26, 2024 status hearing have been disclosed to opposing counsel. Select provides healthcare services. A copy of the Court's order dated July 2, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Zc5Fza at no extra charge.[CC] SIEVA NETWORKS: Seeks Denial of Payne Class Status Bid ------------------------------------------------------ In the class action lawsuit captioned as CHRISTOPHER PAYNE, individually and on behalf of all others similarly situated, v. SIEVA NETWORKS, INC. d/b/a Matrack, a California registered corporation, Case No. 4:24-cv-00901-JST (N.D. Cal.), the Defendant will move the Court on Aug. 22, 2024, for an Order granting Matrack's motion to deny class certification. Matrack specifically brings this motion under Rule 23 because the Plaintiff cannot establish the two most important requisites to class certification given Matrack's calling practices: That common issues predominate over individualized ones or that a class action is the superior way to adjudicate this dispute. The Plaintiff Payne filed this putative class action alleging that Matrack violated the TCPA by calling consumers at residential numbers listed on the federal donot-call (DNC) registry to sell its trucking products. But this isn't the case the Plaintiff contemplated when he filed it. Matrack targets trucking businesses, not consumers, to sell business products. And it does so by calling business phone numbers publicly registered with the U.S. Department of Transportation (USDOT). The Plaintiff nonetheless seeks to represent the following putative class of consumers (not businesses): Do Not Call Registry Class: "All persons in the United States who from four years prior to the filing of this action through class certification (1) Matrack texted more than one time, (2) within any 12-month period, (3) where the person’s residential telephone number had been listed on the National Do Not Call Registry for at least thirty days, (4) for substantially the same reason Defendant texted Plaintiff." Matrack provides a variety of technological and other products to companies in the trucking business. A copy of the Defendant's motion dated July 2, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=BH6rzJ at no extra charge.[CC] The Defendant is represented by: Alexander D. Terepka, Esq. James M. Ruley, Esq. Watstein Terepka LLP 515 South Flower Street, 19th Floor Los Angeles, CA 90071 Telephone: (404) 782-9821 E-mail: alex@wtlaw.com jruley@wtlaw.com SRS DISTRIBUTION: Luera-Escandon Removed from Sup. Ct. to S.D. Cal. ------------------------------------------------------------------- The class action lawsuit captioned as ISRAEL LUERA-ESCANDON, on behalf of others similarly situated v. SRS DISTRIBUTION INC. DBA IMPERIAL SPRINKLER SUPPLY and DOES 1 through 50, inclusive, Case No. 37-2024-00023994-CU-OE-CTL (Filed May 23, 2024) was removed from the Superior Court of California to the United States District Court for the Southern District of California on June 27, 2024. The Southern California District Court Clerk assigned Case No. 3:24-cv-01121-LL-MMP to the proceeding. The suit alleges causes of action for failure to pay minimum wages; failure to pay overtime wages; meal period violations; rest period violations; paid sick leave violations; untimely payment of wages; wage statement violations; waiting time penalties; failure to reimburse necessary business expenses; and unfair competition. The Plaintiff seeks to represent the following class: "All current and former non-exempt employees who worked for Defendants in California at any time from four years (plus the additional 178-day statutory tolling period under Emergency Rule 9) prior to the filing of this action through date of class certification." SRS is a distributor of building products.[BN] The Defendants are represented by: Carrie A. Gonell, Esq. Samuel S. Sadeghi, Esq. Mayra Negrete, Esq. MORGAN, LEWIS & BOCKIUS LLP 600 Anton Boulevard, Suite 1800 Costa Mesa, CA 92626-7653 Telephone: (714) 830-0600 Facsimile: (714) 830-0700 E-mail: carrie.gonell@morganlewis.com sam.sadeghi@morganlewis.com mayra.negrete@morganlewis.com STATE OF TENNESSEE: Faces Suit Over Juvenile Offender Mistreatment ------------------------------------------------------------------ JOHN DOE 1, by and through his parent and next friend PARENT OF JOHN DOE 1; JOHN DOE 2, by and through his parent and next friend PARENT OF JOHN DOE 2; and JANE DOE 1, by and through her parent and next friend PARENT OF JANE DOE 1; on their own behalf and on behalf of all those similarly situated, and DISABILITY RIGHTS TENNESSEE, in its organizational and representative capacity, on behalf of and in conjunction with Plaintiffs John Doe 1, John Doe 2, and Jane Doe 1, Plaintiffs v. The STATE OF TENNESSEE, The TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES; MARGIE QUIN, in her official capacity as Commissioner of the Tennessee Department of Children's Services; and LIZZETTE GONZALEZ REYNOLDS, in her official capacity as Commissioner of the Tennessee Department of Education, Defendants, Case No. 3:24-cv-00777 (M.D. Tenn., June 26, 2024) seeks to address Defendants' failure to provide rehabilitation, education, and treatment of youth in Tennessee's juvenile justice system -- many of whom have disabilities. Instead of accommodating or treating their disabilities, the Defendants allegedly implemented a practice in which they punish these juvenile delinquents for their symptoms using violent and abusive measures like solitary confinement, pepper spray, and peer-on-peer violence as behavior management tools. Moreover, the Defendants' use of pervasive violence and abuse instead of treatment exacerbates the mental health, behavioral, intellectual, and developmental issues that these young people experience, including driving them to commit acts of self-harm and suffer suicidal ideations, says the suit. The State of Tennessee is one of the 50 states that comprise the United States of America, with central offices in Nashville, TN. It operates and oversees the administration of the Department of Children's Services and the Department of Education, state agencies that receive federal funds. [BN] The Plaintiffs are represented by: Jonathan Tepe, Esq. Kevin Sharp, Esq. Kasi Wautlet, Esq. SANFORD HEISLER SHARP, LLP 611 Commerce Street, Suite 3100 Nashville, TN 37203 Telephone: (615) 434-7000 E-mail: jtepe@sanfordheisler.com ksharp@sanfordheisler.com kwautlet@sanfordheisler.com - and - David Tracey, Esq. SANFORD HEISLER SHARP, LLP 17 State Street, 37th Floor New York, NY 10004 Telephone: (646) 402-5650 E-mail: dtracey@sanfordheisler.com - and - Shannon Henris, Esq. SANFORD HEISLER SHARP, LLP 700 Pennsylvania Avenue SE, Suite 300 Washington, DC 20003 Telephone: (202) 499-5200 E-mail: shenris@sanfordheisler.com - and - Jack Derryberry, Jr., Esq. Sherry Wilds, Esq. DISABILITY RIGHTS TENNESSEE 2 International Plaza, Suite 825 Nashville, TN 37217 Telephone: (615) 298-1080 E-mail: jackd@disabilityrightstn.org sherryw@disabilityrightstn.org - and - Jeremiah Jones, Esq. DISABILITY RIGHTS TENNESSEE 9050 Executive Park Drive, Suite B-101 Knoxville, TN 37923 Telephone: (865) 670-2944 E-mail: jeremiahj@disabilityrightstn.org TRC STAFFING: Blosser Sues Over Failure to Protect Information -------------------------------------------------------------- Jacob Blosser, individually and on behalf of all others similarly situated v. TRC STAFFING SERVICES, INC. d/b/a TRC TALENT SOLUTIONS, Case No. 1:24-cv-02403-VMC (N.D. Ga., May 31, 2024), is brought seeking to redress TRC's unlawful, willful and wanton failure to protect the personal identifiable information of 158,593 individuals that was exposed in a major data breach impacting Defendant's network (the "Data Breach" or "Breach") The Plaintiff and the Class Members have had their personal identifiable information exposed as a result of TRC's inadequately secured computer network. Defendant betrayed the trust of Plaintiff and the other Class Members by failing to properly safeguard and protect their personal identifiable information and thereby enabling cybercriminals to steal such valuable and sensitive information. The Data Breach was discovered on April 12, 2024, when TRC became aware of suspicious activity on its systems. Based on a subsequent forensic investigation, TRC determined that cybercriminals infiltrated its inadequately secured computer systems and thereby gained access to its data files during the period March 25, 2024, through April 12, 2024. The investigation further determined that, through this infiltration, cybercriminals potentially accessed and acquired files containing the sensitive personal information of Plaintiff and the Class Members. According to TRC, the personal identifiable information exposed in the Breach included, but is not limited to, names and Social Security numbers (the "Private Information"). For the rest of their lives, Plaintiff and the Class Members will have to deal with the danger of identity thieves possessing and misusing their Private Information. Plaintiff and Class Members will have to spend time responding to the Breach and are at an immediate, imminent, and heightened risk of all manners of identity theft as a direct and proximate result of the Data Breach, says the complaint. The Plaintiff received a breach notification letter from TRC informing him that his Private Information. TRC provides job recruiting and staffing services, with several offices across the Unites States.[BN] The Plaintiff is represented by: James M. Evangelista, Esq. EVANGELISTA WORLEY LLC 10 Glenlake Parkway South Tower Suite 130 Atlanta, GA 30328 Phone: (405) 205-8400 Email: jim@ewlawllc.com - and - A. Brooke Murphy, Esq. MURPHY LAW FIRM 4116 Will Rogers Pkwy, Suite 700 Oklahoma City, OK 73108 Phone: (405) 389-4989 Email: abm@murphylegalfirm.com TRC STAFFING: Burke Sues Over Failure to Safeguard PII ------------------------------------------------------ Nykeema Burke, on behalf of herself and all others similarly situated v. TRC STAFFING SERVICES, INC. D/B/A TRC TALENT SOLUTIONS, Case No. 1:24-cv-02398-VMC (N.D. Ga., May 31, 2024), is brought against Defendant for its failure to properly secure and safeguard personally identifiable information ("PII") including, but not limited to, full names and Social Security numbers. With this action, Plaintiff seeks to hold Defendant responsible for the harms it caused and will continue to cause Plaintiff and at least 158,593 other persons1 similarly situated in the massive and preventable cyberattack purportedly discovered by Defendant on or around May 24, 2024, by which cybercriminals infiltrated Defendant's inadequately protected network servers and accessed and exfiltrated highly sensitive PII belonging to Plaintiff and Class Members which was being kept unprotected (the "Data Breach"). Plaintiff further seeks to hold Defendant responsible for not ensuring that Defendant maintained the PII in a manner consistent with industry standards. By acquiring, utilizing, and benefiting from Plaintiff's and Class Members' PII for its business and employment purposes, Defendant owed or otherwise assumed common law, contractual, and statutory duties that extended to Plaintiff and Class Members. These duties required Defendant to design and implement adequate data security systems to protect Plaintiff's and Class Members' PII in its possession and to keep Plaintiff's and Class Members' PII confidential, safe, secure, and protected from unauthorized disclosure, access, dissemination, or theft. The Defendant breached these duties by failing to implement adequate data security measures and protocols to properly safeguard and protect Plaintiff's and Class Members' PII from a foreseeable cyberattack on its systems that resulted in the unauthorized access and theft of Plaintiff's and Class Members' PII. As a result of Defendant's failures and the Data Breach, Plaintiff's and Class Members' identities are now at a current and substantial imminent and ongoing risk of identity theft and shall remain at risk for the rest of their lives, says the complaint. The Plaintiff's PII was compromised. The Defendant is a staffing and personnel solutions company located in Atlanta, Georgia.[BN] The Plaintiff is represented by: James M. Evangelista, Esq. EVANGELISTA WORLEY LLC 10 Glenlake Parkway South Tower Suite 130 Atlanta, GA 30328 Phone: (405) 205-8400 Email: jim@ewlawllc.com - and - A. Brooke Murphy, Esq. MURPHY LAW FIRM 4116 Will Rogers Pkwy, Suite 700 Oklahoma City, OK 73108 Phone: (405) 389-4989 Email: abm@murphylegalfirm.com UNIMED INTERNATIONAL: Espinal Sues over Blind-Inaccessible Website ------------------------------------------------------------------ FRANGIE ESPINAL, on behalf of herself and all other persons similarly situated, Plaintiff v. UNIMED INTERNATIONAL, INC., Defendant, Case No. 1:24-cv-04840 (S.D.N.Y., June 26, 2024) arises from Defendant's failure to design, construct, maintain, and operate its interactive website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. Plaintiff Espinal alleges that Defendant's denial of full and equal access to its website is a violation of Plaintiff's rights under the Americans with Disabilities Act. She asserts claims for violations of the New York State Human Rights Law and the New York City Human Rights Law. Unimed International, Inc. is a New Jersey Domestic Profit Corporation that owns and operates the website, https://betterskintoday.com, which provides consumers with access to an array of goods and services including information about Defendant's skin and hair care products. [BN] The Plaintiff is represented by: Dana L. Gottlieb, Esq. Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Dana@Gottlieb.legal Michael@Gottlieb.legal Jeffrey@Gottlieb.legal UNITED AIRLINES: Harrison Suit Removed to D. Colorado ----------------------------------------------------- The case styled as Katie Harrison and Carl-Leslie Senosier-Messan, individually and on behalf of all others similarly situated v. UNITED AIRLINES, INC., a Delaware corporation, Case No. 2024CV31089 was removed from the Arapahoe County District Court, State of Colorado, to the United States District Court for the District of Colorado on June 21, 2024, and assigned Case No. 1:24-cv-01743-STV. The Summons and Complaint asserts claims of failure to pay wages, minimum wage, and overtime premiums in violation of the Colorado Wage and Hour Law under the Colorado Constitution Article XVIII §15, the Colorado Wage Act, the Colorado Minimum Wages of Workers Act, COMPS Order #39, 7 CCR 1103-1, and Denver Revised Municipal Code.[BN] The Plaintiffs are represented by: Adam M. Harrison, Esq. Cynthia J. Sanchez, Esq. HKM EMPLOYMENT ATTORNEYS LLP 518 17th Street, Suite 1100 Denver, CO 80202 Phone: (720) 255-0370 Fax: (720) 668-8989 Email: aharrison@hkm.com csanchez@hkm.com The Defendants are represented by: Jennifer S. Harpole, Esq. Lukasz Gilewski, Esq. LITTLER MENDELSON, P.C. 1900 Sixteenth Street, Suite 800 Denver, CO 80202 Phone: 303.629.6200 Facsimile: 303.629.0200 Email: jharpole@littler.com lgilewski@littler.com - and - Adam P. KohSweeney, Esq. O'MELVENY & MEYERS LLP Two Embarcadero Center, 28th Floor San Francisco, CA 94111 Phone: 415.984.8912 Mobile: 310.403.0421 Email: akohsweeney@omm.com UNITED STATES: Arzamendi Appeals ADA Suit Dismissal to 5th Circuit ------------------------------------------------------------------ AMY ARZAMENDI, et al. are taking an appeal from a court order dismissing their lawsuit entitled Amy Arzamendi, individually and on behalf of all others similarly situated, Plaintiffs, v. Lloyd J. Austin, III, Secretary, U.S. Department of Defense, in both his individual and official capacity, et al., Defendants, Case No. 4:23-cv-770, in the U.S. District Court for the Northern District of Texas. The suit is brought over the Defendants' alleged violation of the Americans with Disabilities Act. On Feb. 16, 2024, the Defendants filed motions to dismiss all individual and official-capacity claims, which the Court granted through an Order entered by Judge Mark Pittman on April 16, 2024. The Court concluded that because the Plaintiffs' challenge to the Department of Defense's vaccine mandate is moot, and they fail to state a claim as against the masking and testing protocol, the Defendants' motions to dismiss are granted. The case was dismissed without prejudice. The appellate case is captioned Arzamendi v. Austin, Case No. 24-10557, in the U.S. Court of Appeals for the Fifth Circuit, filed on June 21, 2024. [BN] Plaintiffs-Appellants AMY ARZAMENDI, et al., individually and on behalf of all others similarly situated, are represented by: Jaskanwal Singh Braich, Esq. COX, PLLC 8144 Walnut Hill Lane Dallas, TX 75231 Telephone: (214) 444-7050 - and - E. Scott Lloyd, Esq. 15 Chester Street Front Royal, VA 22630 Telephone: (540) 631-4081 Defendants-Appellees Lloyd J. Austin, III, Secretary, U.S. Department of Defense, in both his individual and official capacity, et al. are represented by: Robert Charles Merritt, Esq. U.S. DEPARTMENT OF JUSTICE 1100 L. Street, N.W. Washington, DC 20005 UNITEDHEALTH GROUP: AO&G Suit Transferred to D. Minnesota --------------------------------------------------------- The case styled as Advanced Obstetrics & Gynecology PC, individually, and on behalf of all others similarly situated v. UnitedHealth Group Incorporated, Optum Inc., Change Healthcare, Inc., Case No. 3:24-cv-00063 was transferred from the U.S. District Court for the Northern District of Mississippi, to the U.S. District Court for the District of Minnesota on June 21, 2024. The District Court Clerk assigned Case No. 0:24-cv-02359-DWF-DJF to the proceeding. The nature of suit is stated as Other Contract for Breach of Contract. UnitedHealth Group Incorporated -- https://www.unitedhealthgroup.com/ -- is an American multinational health insurance and services company based in Minnetonka, Minnesota.[BN] The Plaintiff is represented by: Brendan S. Thompson, Esq. CUNEO GILBERT & LADUCA, LLP 8120 Woodmont Ave., Suite 810 Bethesda, MD 20814 Phone: (202) 789-3960 Fax: (202) 789-1813 Email: brendant@cuneolaw.com - and - Charles J. LaDuca, Esq. Christian Hudson, Esq. CUNEO GILBERT & LADUCA, LLP 4725 Wisconsin Avenue NW, Ste 200 Washington, DC 20016 Phone: (202) 789-3960 Email: charles@cuneolaw.com chudson@cuneolaw.com - and - John W. Barrett, Esq. BARRETT LAW GROUP, P.A. 404 Court Square North Lexington, MS 39095 Phone: (662) 834-2488 Fax: (662) 834-2628 Email: dbarrett@barrettlawgroup.com - and - Richard R. Barrett, Esq. THE LAW OFFICES OF RICHARD R. BARRETT, PLLC 2086 Old Taylor Road, Suite 1011 Oxford, MS 38655 Phone: (662) 380-5018 Fax: (662) 259-2098 Email: rrb@rrblawfirm.net The Defendant is represented by: Michael James Bentley, Esq. BRADLEY ARANT BOULT CUMMINGS 188 East Capitol Street, Ste. 1000 Jackson, MS 39201 Phone: (601) 592-9935 Fax: (601) 592-1435 Email: mbentley@bradley.com US DFS: Faces Espinal Suit Over Access Barriers to Online Store --------------------------------------------------------------- FRANGIE ESPINAL, on behalf of herself and all others similarly situated, Plaintiff v. US DFS INC., Defendant, Case No. 1:24-cv-04899 (S.D.N.Y., June 27, 2024) is a class action against the Defendant for violations of Title III 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 Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://thehalara.com/, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: lack of alternative text (alt-text), or a text equivalent, empty links that contain no text, redundant links where adjacent links go to the same url address, and linked images missing alt-text, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. US DFS Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 Email: Michael@Gottlieb.legal Jeffrey@gottlieb.legal Dana@Gottlieb.legal UTAH SELL: All Discovery in James Due June 30, 2025 --------------------------------------------------- In the class action lawsuit captioned as Chelsea James, v. Utah Sell Now LLC, et al., Case No. 2:24-cv-00540-SPL (D. Ariz.), the Hon. Judge Steven Logan entered a Rule 16 case management order: -- Governing Rules and Preliminary Order Both counsel and pro se litigants must abide by the Local Rules of Civil Procedure, Rules of Practice of the U.S. District Court for the District of Arizona, and the Federal Rules of Civil Procedure. -- Joining Parties and Amending Pleadings The deadline for joining parties, amending pleadings, and filing supplemental pleadings is November 1, 2024. -- Following service of Rule 26 Disclosures, broader discovery under Federal Rules of Civil Procedure 26, 30, 31, 33, 34, 36, and 45 may commence. All discovery must be completed on or before June 30, 2025. Class Certification Discovery Deadline: All discovery for class certification, including discovery by subpoena, shall be completed on or before June 30, 2025. -- Parties shall provide full and complete expert disclosures as required by Rule 26(a)(2)(A)-(C) of the Federal Rules of Civil Procedure no later than December 20, 2024. -- Rebuttal expert disclosures, if any, shall be made no later than January 17, 2025. Rebuttal experts shall be limited to responding to opinions stated by initial experts. -- Expert depositions shall be completed no later than February 21, 2025. Expert depositions shall be scheduled to commence at least five working days before the deadline. -- Any motion for class certification shall be filed by May 30, 2025. Any motion for class decertification shall be filed by January 16, 2026. Dispositive motions shall be filed no later than November 17, 2025. T -- All parties and their counsel shall meet in person and engage in good faith settlement talks no later than April 18, 2025. Utah Sell helps homeowners who want to sell their homes quickly. A copy of the Court's order dated July 3, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=YLp79Z at no extra charge.[CC] VERVENT INC: Appeals Final Judgment in Turrey Suit to 9th Circuit ----------------------------------------------------------------- VERVENT, INC., et al. are taking an appeal from a court order in the lawsuit entitled Heather Turrey, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Vervent, Inc., et al., Defendants, Case No. 3:20-cv-00697-DMS-AHG, in the U.S. District Court for the Southern District of California. The suit is brought against the Defendants for violations of the Racketeer Influenced and Corrupt Organizations Act, the Fair Debt Collection Practices Act, and California state law. On Feb. 5, 2024, the Plaintiffs filed a notice of motion and motion for entry of final judgment and application of prejudgment interest, which the Defendants opposed on Mar. 22, 2024. On June 18, 2024, the Court granted the Plaintiffs' motion for entry of final judgment but denied their application of prejudgment interest through an Order entered by Judge Dana M. Sabraw. The appellate case is captioned Turrey, et al. v. Vervent, Inc., et al., Case No. 24-3849, in the U.S. Court of Appeals for the Ninth Circuit, filed on June 21, 2024. The briefing schedule in the Appellate Case states that: -- Appellant's Mediation Questionnaire was due on June 26, 2024; -- Appellant's Appeal Transcript Order was due on July 5, 2024; -- Appellant's Appeal Transcript is due on August 5, 2024; -- Appellant's Appeal Opening Brief is due on September 12, 2024; and -- Appellee's Appeal Answering Brief is due on October 15, 2024. [BN] VJC HOSPITALITY: Fails to Pay Proper Wages, Armstead Alleges ------------------------------------------------------------ MIKAELA ARMSTEAD; and KARIEL JONES, individually and on behalf of all others similarly situated, Plaintiffs v. VJC HOSPITALITY OF SMYRNA, INC.; and VICTOR COMASTRO, Defendants, Case No. 1:24-cv-02823-MLB (N.D. Ga., June 26, 2024) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiffs Armstead and Jones were employed by the Defendants as waitresses. VJC Hospitality Of Smyrna, Inc. owns and operates Chicago Pizza and Sports Grille, a Smyrna, Georgia restaurant and sports bar. [BN] The Plaintiffs are represented by: Ainsworth G. Dudley, Esq. DUDLEY LAW, LLC 4200 Northside Parkway NW Building One, Suite 200 Atlanta, GA 30327 Telephone: (404) 237-2150 Email: adudleylaw@gmail.com - and - Mitchell Graham, Esq. GRAHAM LAW, LLC 4200 Northside Parkway NW Building One, Suite 200 Atlanta, GA 30327 Telephone: (404) 237-2500, ext. 3349 Facsimile: (404) 365-6560 Email: mitchell@lawnet.org VPNE PARKING SOLUTIONS: Potenza Files Suit in Fla. Cir. Ct. ----------------------------------------------------------- A class action lawsuit has been filed against VPNE Parking Solutions LLC. case is styled as Andrew Potenza, on behalf of himself and others similarly situated v. VPNE Parking Solutions LLC, Case No. 2024-12146-CICI (Fla. Cir. Ct., Volusia Cty., June 21, 2024). The case type is stated as "Business Transactions." VPNE -- https://www.vpne.com/ -- designs custom parking garage and lot management solutions that deliver an exceptional return for our clients.[BN] The Plaintiff is represented by: Kimberly De Arcangelis, Esq. MORGAN & MORGAN P A Orlando, Florida 32802-4979 WEBMD LLC: Kindler Bid to Withdraw Document OK'd ------------------------------------------------ In the class action lawsuit captioned as Kindler, et al., v. WebMD, LLC, Case No. 4:23-cv-00094 (W.D. Mo., Filed Feb. 9, 2023), the Hon. Judge Brian C. Wimes entered an order granting the Plaintiffs' motion to withdraw document. In light of Plaintiffs' corrected motion for class certification, the Plaintiffs' motion for class certification as initially filed is no longer necessary, and is deemed withdrawn. The nature of suit states Torts -- Personal Injury -- Other Personal Injury. WebMD offers consumers medical and healthcare information through its free health and wellness web site.[CC] WELLS FARGO: Court Continues Class Status, Fact Discovery Deadlines ------------------------------------------------------------------- In the class action lawsuit captioned as Ardalan v. Wells Fargo & Company, et al., Case No. 3:22-cv-03811 (N.D. Cal., Filed June 28, 2022), Hon. Judge Trina L. Thompson entered an order granting the motion to continue certain deadlines: -- The class certification and the fact discovery deadlines are continued. -- The Parties are ordered to appear over Zoom for a case management conference on August 1, 2024. The suit alleges violation of the Securities Exchange Act.[CC] WESTERN ALLIANCE: Moldes Sues Over Unlawful Debt Communication -------------------------------------------------------------- Raul Moldes, individually and on behalf of all those similarly situated v. WESTERN ALLIANCE BANK D/B/A ALLIANCE ASSOCIATION BANK, Case No. 199500149 (Fla., 9th Judicial Cir. Ct., Osceola Cty., May 31, 2024), is brought against the Defendant for violating the Florida Consumer Collection Practices Act ("FCCPA") due to unlawful debt communication. The Defendant began attempting to collect a debt (the "Consumer Debt") from Plaintiff. The Consumer Debt is an obligation allegedly had by Plaintiff to pay money arising from a transaction between the creditor of the Consumer Debt, Defendant, and Plaintiff (the "Subject Service"). The FCCPA prohibits persons from communicating with a debtor between the hours of 9:00 PM and 8:00 AM in the debtor's time zone without the prior consent of the debtor. On February 24, 2024, Defendant sent an electronic mail communication to Plaintiff (the "Communication"). The Communication was sent from noreply@allianceassociationbank.com and delivered to Plaintiff's personal e-mail address. The Communication was sent by Defendant to Plaintiff at 4:01 AM in Plaintiff's time zone. The Communication was received by Plaintiff from Defendant at 4:01 AM in Plaintiff's time zone. The Electronic Communication was sent to Plaintiff between the hours of 9:00 PM and 8:00 AM in the time zone of Plaintiff. Defendant did not have the consent of Plaintiff to communicate with Plaintiff between the hours of 9:00 PM and 8:00 AM. As such, by and through the Electronic Communication, Defendant violated the FCCPA, says the complaint. The Plaintiff is the alleged debtor of the Consumer Debt. The Defendant is a Delaware corporation, with its principal place of business located in Phoenix, Arizona.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Jennifer Gomes Simil, Esq. Zane C. Hedaya, Esq. Gerald D. Labe, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI, PLLC 110 SE 6th St, Suite 1744 Fort Lauderdale, FL 33301 Phone: (754) 444-7539 Email: jibrael@jibraellaw.com jen@jibraellaw.com zane@jibraellaw.com gerald@jibraellaw.com WEYCO GROUP: Blind Users Can't Access Website, Fernandez Alleges ---------------------------------------------------------------- FELIPE FERNANDEZ, on behalf of himself and all others similarly situated, Plaintiff v. WEYCO GROUP, INC., Defendant, Case No. 1:24-cv-04880 (S.D.N.Y., June 27, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, the New York State Human Rights Law, and for declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, www.stacyadams.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: missing alt-text, hidden elements on web pages, incorrectly formatted lists, unannounced pop ups, unclear labels for interactive elements, and the requirement that some events be performed solely with a mouse. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Weyco Group, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Rami Salim, Esq. One University Plaza, Suite 620 Hackensack, NJ 07601 Telephone: (201) 282-6500 Facsimile: (201) 282-6501 Email: rsalim@steinsakslegal.com YUET CHEONG & CO: Benavides Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against Yuet Cheong & Co., Inc. The case is styled as Arturo Benavides, individually, and on behalf of all others similarly situated v. Yuet Cheong & Co., Inc., Case No. CGC24615159 (Cal. Super. Ct., San Francisco Cty., May 31, 2024). The case type is stated as "Other Non-Exempt Complaints." Yuet Cheong is a company that operates in the Internet industry.[BN] The Plaintiff is represented by: Scott Ernest Wheeler, Esq. LAW OFFICE OF SCOTT ERNEST WHEELER 250 West First Street, Suite 216 Claremont, CA 91711 Phone: 909-621-4988 Email: sew@scottwheelerlawoffice.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. 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