/raid1/www/Hosts/bankrupt/CAR_Public/240725.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, July 25, 2024, Vol. 26, No. 149
Headlines
24 CAPITAL: Seeks More Time to File Class Cert Response in Peters
ACCELLION INC: Class Cert Bid Filing in Brown Suit Due Nov. 4
ACCENTURE LLP: Watson Suit Removed to N.D. California
ADOBE INC: Singh Sues Over Illegal Automatic Subscription Renewal
ADVANCED MARKETING: Reidt Must File Class Cert Bid by Oct. 25
ALLIED PROPERTY: Oddi Suit Seeks Policy Owner Class Certification
AMAZON FULFILLMENT: Files Bid For Leave to Amend Answer
AMERICAN 1ST FUNDS: Huynh Files TCPA Suit in S.D. Florida
ANTILLANA & METRO: Huerta Suit Seeks to Certify Collective Action
APPLE COMMUTER: Abuladze Seeks August 15 Class Cert Bid Filing
ARCHER AVIATION: Solak Balks at Officer Exculpation Amendment
ASZ SUPPLY: Yang and Chen Sue Over Alleged Ponzi Scheme
AT&T INC: Winger Sues Over Misconduct and Data Breach
AT&T INC: Zwald Class Suit Moved From N.D. Illinois to N.D. Texas
AXOS BANK: Ash Files Suit in S.D. California
BARCLAYS BANK DELAWARE: Massay Files Suit in Fla. Cir. Ct.
BARNDON ENTERPRISES: Underpays Manual Laborers, Torralva Suit Says
BIONTECH SE: Ladewig Suit Transferred to S.D. New York
BLEZNAK ENTERPRISES: Faces Maurer ADA Suit for Inaccessible Website
BLUNDSTONE USA: Pollitt Files ADA Suit in S.D. New York
BOLT BIOTHERAPEUTICS: Nesterenko Sues Over Share Price Drop
BRISTOL HOSPICE: Rey Suit Removed to N.D. California
BUSH INDUSTRIES: Karim Sues Over Blind-Inaccessible Website
CAPITAL DIGESTIVE CARE: Byers Files FLSA Suit in D. Maryland
CARE AND DEVELOPMENT: Valdery-Hughes Sues Over Unpaid Overtime
CENCORA INC: Tucker Sues Over Unprotected Sensitive Information
CHEN LING: Zhang Suit Seeks Unpaid Overtime for Restaurant Cooks
CITIZENS INSURANCE: Thornley Suit Asserts Breach of Contract
CURIOSITYSTREAM INC: Ducote and Ramkumar Allege VPPA Violations
EVOLVE BANK: Payne Sues Over Failure to Secure Personal Info
FIFTH THIRD: Faces Stamnes Suit Over Deceptive Business Practices
GALLOWAY VILLAGE: Faces Maurer Disability Discrimination Lawsuit
GEISINGER HEALTH: Faces Gray Suit Over Alleged Data Breach
GEISINGER HEALTH: Saxer and Saxer Sue Over Private Data Breach
HIYA HEALTH: Murphy Sues Over ADA Non-Compliant Website
IDAHO: Faces Roe Suit Over Law Terminating Medical Treatment
KEITH PARTRICK GILL: Sued Over Drop in Gamestop Securities' Value
KOSTAL KONTAKT: Fails to Provide Proper Wages, Walencik Suit Claims
LANCEBERG HOLDINGS: Website Inaccessible to Blind Users, Liz Claims
METRO CHEESE: Faces Salome Suit Over Drivers' Unpaid Wages
NOVARTIS PHARMACEUTICALS: MSP Recovery Hits Overpriced Drugs
PRUDENTIAL FINANCIAL: Fails to Secure Personal Info, Villareal Says
PRUDENTIAL INSURANCE: Wright Sues Over Unauthorized Info Access
RONALD BEERS: Class Cert Bid Filing in Glasgow Due April 30, 2025
RONALD BEERS: Filing for Class Cert Bid in Lynn Due April 30, 2025
SIG SAUER: Class Certification Discovery in Glasscock Due Sept. 25
SOUND AROUND: Website Inaccessible to Blind Users, Karim Suit Says
SUTTER HEALTH: Ketchum Files Suit in Cal. Super. Ct.
TASK FORCE ZERO: Website Inaccessible to Blind Users, Tucker Says
TENNESSEE GAS: Bradish Files Bid for Class Certification
VNA CARE: Ehlers Seeks Unpaid OT for Licensed Practical Nurses
*********
24 CAPITAL: Seeks More Time to File Class Cert Response in Peters
-----------------------------------------------------------------
In the class action lawsuit captioned as PETERS BROADCAST
ENGINEERING, also known as Peters Broadcast Engineering, Inc., v.
24 CAPITAL, LLC and JASON SANKOV, Case No. 1:22-cv-00236-HAB-SLC
(N.D. Ind.), the Defendants ask the Court to enter an order
granting a 30-day extension of time, to and including Aug. 16,
2024, in which to file a response to the Motion for Class
Certification by Proposed Class Representative Peters Broadcast
Engineering.
Counsel for Defendants entered their appearance in this matter on
July 3, 2024. Despite entering their appearance, counsel for the
Defendants did not receive electronic service of PBE's Motion for
Class Certification nor did they receive service by alternative
means or notice by email.
Defendants' counsel first became aware of PBE's Motion for Class
Certification today, July 15, 2024, while reviewing the docket for
this matter.
Due to Defendants recently learning of PBE's Motion for Class
Certification, Defendants will need additional time to
appropriately research and develop a record to respond to the
arguments within PBE's Motion for Class Certification.
Furthermore, the Motion for Class Certification may be prematurely
raised prior to a decision by the Court that it has jurisdiction
over this case and the parties.
24 Capital is a dynamic firm that specializes in offering a wide
range of cash advances and other financial services.
A copy of the Defendant's motion dated July 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ddcC0I at no extra
charge.[CC]
The Plaintiff is represented by:
Percy Squire, Esq.
PERCY SQUIRE CO LLC
341 S. Third St., Suite 10
Columbus, OH 43215
E-mail: psquire@sp-lawfirm.com
The Defendants are represented by:
Kristopher N. Kazmierczak, Esq.
Katherine M. Slisz, Esq.
FROST BROWN TODD LLP
111 Monument Circle, Suite 4500
Indianapolis, IN 46244-0961
Telephone: (317) 237-3800
Facsimile: (317) 237-3900
E-mail: kkazmierczak@fbtlaw.com
kslisz@fbtlaw.com
ACCELLION INC: Class Cert Bid Filing in Brown Suit Due Nov. 4
-------------------------------------------------------------
In the class action lawsuit captioned as Brown v. Accellion, Inc.
(RE ACCELLION, INC. DATA BREACH LITIGATION), Case No.
5:21-cv-01155-EJD (N.D. Cal.), the Hon. Judge Edward Davila entered
an order setting the following deadlines for Plaintiffs' motion for
class certification:
Event Deadline
Deadline to File Motion for Class Nov. 4, 2024
Certification and Designation of
Opening Class Certification Experts
with Reports.
Deadline to File Opposition to Motion Dec. 11, 2024
for Class Certification and Designation
of Rebuttal Class Certification Experts
with Reports.
Deadline to File Reply in Support of Jan. 24, 2025
Motion for Class Certification and Reply
Class Certification Experts Reports.
Hearing on Motion for Class Certification Feb. 27, 2025, at
9:00 a.m.
Accellion provides content governance, compliance, and protection
platform.
A copy of the Court's order dated July 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DryEOj at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam E. Polk, Esq.
Jordan Elias, Esq.
Simon S. Grille, Esq.
Kyle P. Quackenbus, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: apolk@girardsharp.com
jelias@girardsharp.com
sgrille@girardsharp.com
kquackenbush@girardsharp.com
- and -
Krysta K. Pachman, Esq.
Michael Gervais, Esq.
Steven G. Sklaver, Esq.
Kevin R. Downs, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067-6029
Telephone: (310) 789-3100
E-mail: kpachman@susmangodfrey.com
mgervais@susmangodfrey.com
ssklaver@susmangodfrey.com
kdowns@susmangodfrey.com
The Defendant is represented by:
Camilo Artiga-Purcell, Esq.
ACCELLION, INC.
1510 Fashion Island Blvd, Suite 100
San Mateo, CA 94404
Telephone: (415) 515-4724
E-mail: camilo.apurcell@kiteworks.com
- and -
Fred Norton, Esq.
Bree Hann, Esq.
Janelle Sampana, Esq.
THE NORTON LAW FIRM PC
299 Third Street, Suite 200
Oakland, CA 94607
Telephone: (510) 906-4900
E-mail: fnorton@nortonlaw.com
bhann@nortonlaw.com
jsampana@nortonlaw.com
ACCENTURE LLP: Watson Suit Removed to N.D. California
-----------------------------------------------------
The case styled as Soraya Watson, on behalf of herself and all
others similarly situated, and the general public v. ACCENTURE LLP,
a business entity of unknown form; and DOES 1 through 50,
inclusive, Case No. CGC-24-615254 was removed from the Superior
Court for the State of California, to the United States District
Court for the Northern District of California on July 15, 2024, and
assigned Case No. 3:24-cv-04247.
The Plaintiff's Complaint asserts the following seven causes of
action: Failure to Provide Meal Periods; Failure to Provide Rest
Periods; Failure to Pay Hourly Wages and Overtime; Failure to
Provide Accurate Written Wage Statements; Failure to Timely Pay All
Final Wages; Failure to Indemnify; and Unfair Competition.[BN]
The Defendants are represented by:
Sophia B. Collins, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: scollins@littler.com
- and -
Anthony G. Ly, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Fax: 800.715.1330
Email: aly@littler.com
- and -
Sarah R. Boxer, Esq.
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, CA 92101.3577
Phone: 619.232.0441
Fax: 619.232.4302
Email: sboxer@littler.com
ADOBE INC: Singh Sues Over Illegal Automatic Subscription Renewal
-----------------------------------------------------------------
VIKRAM SINGH, individually and on behalf of all others similarly
situated, Plaintiff v. ADOBE INC., Defendant, Case No.
4:24-cv-03980 (N.D. Cal., July 1, 2024) is a putative class action
lawsuit against Defendant for engaging in an illegal automatic
renewal scheme regarding its subscription plans for Adobe software
products and services that are available exclusively to consumers
who enroll in Defendant's auto-renewal membership programs through
its website at www.adobe.com in violation of the California's
Automatic Renewal Law.
According to the complaint, when consumers, including Plaintiff,
sign up for the Adobe Subscriptions, the Defendant surreptitiously
enrolls consumers into a program that automatically renews the
Adobe Subscriptions from month-to-month or year-to-year resulting
in monthly or annual charges to the consumer's credit card, debit
card, or third-party payment account.
Specifically, the Defendant systematically violates the ARL by: (i)
failing to present the automatic renewal offer terms in a clear and
conspicuous manner and in visual proximity to the request for
consent to the offer before the subscription or purchasing
agreement is fulfilled; (ii) charging consumers’ Payment Methods
without first obtaining their affirmative consent to the agreement
containing the automatic renewal offer terms; and (iii) failing to
provide an acknowledgment that includes the automatic renewal offer
terms, cancellation policy, and information regarding how to cancel
in a manner that is capable of being retained by the consumer, says
the suit.
Adobe Inc. is a computer software developer who offers a wide range
of document, photo and video editing platforms.[BN]
The Plaintiff is represented by:
Joshua R. Wilner, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jwilner@bursor.com
- and -
Adrian Gucovschi, Esq.
Benjamin Rozenshteyn, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, 46th Floor
New York, NY 10005
Telephone: (212) 884-4230
E-mail: adrian@gr-firm.com
ben@gr-firm.com
ADVANCED MARKETING: Reidt Must File Class Cert Bid by Oct. 25
-------------------------------------------------------------
In the class action lawsuit captioned as Reidt, Amanda v. Advanced
Marketing and Processing, Inc., Case No. 3:23-cv-00234 (W.D. Wisc.,
Filed April 17, 2023), the Hon. Judge James D. Peterson entered an
order granting the Plaintiff's unopposed motion for extension of
time:
-- To allow plaintiff sufficient time to review anticipated
discovery
materials from the newly-added Digital Media Solutions, LLC,
plaintiff's deadline to file her motion for class certification
is
extended to October 25, 2024.
-- The court will hold a telephonic scheduling conference with
the
parties on August 1, 2024 at 3:00 PM.
-- Now that Digital Media Solutions, LLC has been added to the
case,
the parties shall meet and confer and submit an updated Rule
26(f)
report one week in advance of the conference.
The nature of suit states Telephone Consumer Protection Act.[CC]
ALLIED PROPERTY: Oddi Suit Seeks Policy Owner Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL and GINA ODDI,
individually and on behalf of a class of similarly situated
individuals, v. ALLIED PROPERTY AND CASUALTY INSURANCE CO., an Iowa
company, and NATIONWIDE MUTUAL INSURANCE CO., an Ohio company, Case
No. 2:20-cv-09871-JAK-BFM (C.D. Cal.), the Plaintiffs, on Sept. 9,
2024, will present the Court with the instant Motion for Class
Certification.
In addition to certification of the Class, this Motion shall seek:
1. The appointment of Plaintiffs Michael Oddi and Gina Oddi as
the
"Representative Plaintiffs"; and
2. The appointment of Mark A. Ozzello, Esq and Calvin A.
Marshall,
Esq of The Ozzello Practice, PC and John A Marshall, Esq., of
Marshall & Associates as "Class Counsel"
The Class is defined as:
"All policyholders of Nationwide Mutual Insurance Co. and/or
Allied
Property and Casualty Co. who were policyholders of a Homeowners
Policy issued by Defendants which insured real property in
California with "Ordinance or Law" coverage, and suffered a
total
loss and did not receive payment for benefits under the
Ordinance
or Law coverage when the policyholder rebuilt at a new location
or
purchased an already built home at a new location, during the
period from four years prior to the filing of the initial
complaint
through the date of certification."
This action was filed by Michael and Gina Oddi, who are husband and
wife. The case was initiated on Oct. 27, 2020 and the operative
First Amended Complaint ("FAC") was filed on Jan. 1, 2024.
The operative FAC (after a second MTD) now sets forth claims for
Breach of Contract and Violation of the UCL, and alleges that
Nationwide uniformly and consistently denied coverage to the
Plaintiffs and Class members under the O&L provision for total
losses -where the Class member elected to "rebuild at a new
location or to purchase an already built home at a new location".
Allied provides property and casualty insurance.
A copy of the Plaintiffs' motion dated July 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7n2t1o at no extra
charge.[CC]
The Plaintiffs are represented by:
Mark A. Ozzello, Esq.
Calvin A. Marshall, Esq.
THE OZZELLO PRACTICE, PC
400 Continental Blvd. 6th Floor
El Segundo, CA 90245
Telephone: (844) 774-2020
Facsimile: (844) 774-2020
E-mail: mark@ozzellolaw.com
cmarshall@ozzellolaw.com
- and -
John A. Marshall, Esq.
Travis M. Tillman, Esq.
MARSHALL & ASSOCIATES
26565 West Agoura Road, Suite 215
Calabasas, CA 91302
Telephone (818) 617-9337 Ext. 2243
E-mail: John@marshallbusinesslaw.com
Travis@marshallbusinesslaw.com
AMAZON FULFILLMENT: Files Bid For Leave to Amend Answer
-------------------------------------------------------
In the class action lawsuit captioned as WENDY HOLLEY, v. AMAZON
FULFILLMENT CENTER, Case No. 3:23-cv-00427-MPM-JMV (N.D. Miss.),
the Defendant asks the Court to enter an order granting leave to
file an Amended Answer adding six (6) Affirmative Defenses to its
Answer related to Plaintiff's supposed claim for violations of the
Family Medical Leave Act ("FMLA").
On July 11, 2024, counsel for Amazon discussed the relief it seeks
in this Motion with the Plaintiff, and on July 14, 2024, she
indicated she does not oppose this Motion.
The Defendant tenders its proposed Amended Answer and Affirmative
Defenses as Exhibit A and a Proposed Order as Exhibit B, as well as
a filed contemporaneously supporting Memorandum of Law.
Amazon Fulfillment is a warehouse where Amazon receives products
from their sellers.
A copy of the Defendant's motion dated July 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0luSEi at no extra
charge.[CC]
The Defendant is represented by:
Joseph M. Koury, Esq.
ALLEN, SUMMERS & GRESHAM, PLLC
80 Monroe Avenue, Suite 650
Memphis, TN 38103
Telephone: (901) 763-4200
Facsimile: (901) 684-1768
E-mail: jkoury@allensummers.com
- and -
Brooke M. Nixon, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
Two Chase Corporate Drive, Suite 120
Birmingham, AL 3524
Telephone: (205) 226-5466
Facsimile: (205) 323-7674
E-mail: bnixon@constangy.com
AMERICAN 1ST FUNDS: Huynh Files TCPA Suit in S.D. Florida
---------------------------------------------------------
A class action lawsuit has been filed against American 1st Funds
Inc. The case is styled as Christopher Huynh, individually and on
behalf of all others similarly situated v. American 1st Funds Inc.,
Case No. 1:24-cv-22668-XXXX (S.D. Fla., July 12, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
AmericaFirst -- https://americafirst.fund/ -- is a quantitative
investment management company that offers cutting-edge investments
for investors.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
ANTILLANA & METRO: Huerta Suit Seeks to Certify Collective Action
-----------------------------------------------------------------
In the class action lawsuit captioned as FERNANDO SANTIAGO HUERTA
and CLEMENTINA DURAN, and MELVIN RECAREY, on behalf of themselves
and all others similarlysituated, v. ANTILLANA & METRO SUPERMARKET,
CORP., and ALRA CORP., and 639 GRAND ST. MEAT & PRODUCE CORP., and
OSVALDO RODRIGUEZ, individually, Case No. 1:23-cv-00002-RA-OTW
(S.D.N.Y.), the Plaintiffs will move the Court, on a date and time
to be determined by the Court, for an Order pursuant to 29 U.S.C.
section 216(b) as follows:
(1) Conditionally certifying this case as a collective action
with
respect to current and former non-managerial supermarket
employees who performed work for Defendants in New York at
any
time between Jan. 1, 2020, and the present, and did not
receive
overtime compensation at a rate of time and one-half their
regular rate of pay for all hours over forty that they
worked
in a workweek;
(2) Requiring Defendants, within 14 days of the Court's Order,
to
produce a computer-readable data file containing the names,
last known mailing addresses, all known home and mobile
telephone numbers, all known email addresses, and dates of
employment for all potential collective action members;
(3) Permitting the Plaintiffs to disseminate the proposed notice
to
the potential collective action members by mail, email, and
text message, and reminder notices thirty days thereafter in
the form and manners requested by the Plaintiffs; and
(4) Directing the Defendants to post the Notice in a conspicuous
place where the Defendants' non-managerial supermarket
employees congregate.
The Defendants operate a supermarket business.
A copy of the Plaintiffs' motion dated July 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YnkBE0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Jeffrey R. Maguire, Esq.
STEVENSON MARINO LLP
445 Hamilton Avenue, Suite 1500
White Plains, NY 10601
Telephone: (212) 939-7229
APPLE COMMUTER: Abuladze Seeks August 15 Class Cert Bid Filing
--------------------------------------------------------------
In the class action lawsuit captioned as Abuladze, et al., v. Apple
Commuter, Inc. et al., Case No. 1:22-cv-08684-MMG-RFT (S.D.N.Y.),
the Plaintiffs ask the Court to enter an order granting class
certification deadlines:
-- Plaintiffs' Motion for Class Certification would be due Aug.
15,
2024;
-- Defendants' Opposition by Sept. 7, 2024; and
-- Plaintiffs' Reply by Sept. 15, 2024.
Apple Commuter offers a wide range of tours, transportation
services, and event tickets.
A copy of the Plaintiffs' motion dated July 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VZ99p6 at no extra
charge.[CC]
The Plaintiffs are represented by:
Vano I. Haroutunian, Esq.
BALLON STOLL P.C.
1931 810 Seventh Avenue, Suite 405
New York, NY 10019
Telephone: (212) 575-7900
E-mail: www.ballonstoll.com
ARCHER AVIATION: Solak Balks at Officer Exculpation Amendment
-------------------------------------------------------------
JOHN SOLAK, on behalf of himself and all other similarly situated
stockholders of ARCHER AVIATION INC., Plaintiff v. ARCHER AVIATION
INC., Defendant, Case No. 2024-0700 (Del. Ch., June 28, 2024) seeks
declaratory relief invalidating an amendment to the Company's
Amended and Restated Certificate of Incorporation that added a
provision exculpating officers of the Company from personal
liability for breaches of the duty of care (the "Officer
Exculpation Amendment").
According to the complaint, the Officer Exculpation Amendment did
not receive the requisite vote to be deemed approved by
stockholders. And yet, the Company filed the Certificate of
Amendment and brought the Officer Exculpation Amendment into
existence. As a result, Plaintiff and the Class have been and will
continue to be harmed.
The Plaintiff and the Class are entitled to appropriate
declaratory/equitable relief invalidating the Certificate of
Amendment and a declaration that the Officer Exculpation Amendment
is invalid, unenforceable, null, void, and of no further effect,
says the suit.
The Plaintiff is, and has been at all relevant times, a stockholder
of the Company.
Archer Aviation is a publicly traded company headquartered in San
Jose, California, which is developing eVTOL aircraft.[BN]
The Plaintiff is represented by:
Brian E. Farnan, Esq.
Michael J. Farnan, Esq.
FARNAN LLP
919 North Market Street, 12th Floor
Wilmington, DE 19801
Telephone: (302) 777-0300
E-mail: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
- and -
Steven J. Purcell, Esq.
Robert H. Lefkowitz, Esq.
Stephen C. Childs, Esq.
Omer Kremer, Esq.
PURCELL & LEFKOWITZ LLP
369 Lexington Avenue, 3rd Floor
New York, NY 10017
Telephone: (212) 725-1000
ASZ SUPPLY: Yang and Chen Sue Over Alleged Ponzi Scheme
-------------------------------------------------------
XIN "KELLY" YANG and TING "SUSAN" CHEN, on behalf of themselves and
all others similarly situated, Plaintiffs v. A FEI, SHUYUN CHEN, YU
"RITA" CHEN, YUEZHU DU, YURONG "MARY" HU, YUXIA HU, XUE "LINDA"
LIN, QILONG "LUCY" LIU, LIJUN OUYANG, JINGYI SHEN, WENLING "ABBY"
WANG, YUN YE, NAN "LUCAS" ZHENG, XIAONA "LINA" ZHOU, LEI "ANDY"
ZHU, ASZ SUPPLY INC., AND DOE DEFENDANTS 1-100, Defendants, Case
No. 1:24-cv-05055 (S.D.N.Y., July 2, 2024) arises from Defendants'
alleged Ponzi scheme under HomeX Enterprise and involving one of
their main websites and entities, www.homexdeals.com.
The scheme entailed deceiving Chinese-speaking shoppers into
believing that they could obtain home furnishings and other goods
at a steep discount if they paid Defendants and their
co-conspirators deposits for these goods and waited to receive
large refunds of, at a minimum, the amount of the deposits
themselves. The scheme also involved convincing customers to buy
into the HomeX club membership, which Defendants and their
co-conspirators claimed would entitle customers to even larger
rebates on their purchases or effectively receive the products for
free. In addition, Defendants and their co-conspirators also
claimed that they were offering products at extremely low prices or
practically free because they were trying to accumulate a large
following. As a result of the scheme, most customers, including
Plaintiffs and the Class, suffered large losses. Accordingly, the
Plaintiffs assert claims against Defendants for racketeering,
racketeering conspiracy, and for violations of the Racketeer
Influenced and Corrupt Organizations Act.
A Fei is one of the HomeX Administrators. His name is believed to
be Chuwen Xu, a resident of the People's Republic of China.[BN]
The Plaintiffs are represented by:
Alexander Heckscher, Esq.
LAW OFFICES OF ALEXANDER HECKSCHER, ESQ.
305 Broadway, 7th Floor, Suite 88
New York, NY 10007
Telephone: (212) 323-6895
E-mail: alex@heckscherlaw.com
AT&T INC: Winger Sues Over Misconduct and Data Breach
-----------------------------------------------------
Dina Winger, individually and on behalf of all others similarly
situated v. AT&T Inc., Case No. 3:24-cv-01797-G (N.D. Tex., July
12, 2024), is brought against AT&T's misconduct as a result of the
Data Breach.
On July 12, 2024, Defendant AT&T admitted that information about
more than 100 million of its customer's cellular telephone calls
and texts were exposed in a massive data breach perpetrated by
cybercriminals (the "Data Breach") in or about April of 2024.
More specifically, according to AT&T, the compromised data includes
the telephone numbers of "nearly all" of its cellular customers and
the customers of wireless providers that use its cellular customers
and the customers of wireless providers that use its network
between May 1, 2022 and October 31, 2022. The stolen logs contain a
record of virtually every number AT&T customers called or texted
– including customers of other wireless networks – the number
of times they interacted and the call duration. Records of
customers in January of 2023 may also be implicated, as well as
AT&T landline customers who interacted with those cell numbers. The
foregoing data is personally identifiable information ("PII") and
is valuable and sensitive. Plaintiff learned of the New 2024 AT&T
Data Breach on July 12, 2024, says the complaint.
The Plaintiff is a victim of the Data Breach.
AT&T is a corporation organized under the laws of Delaware.[BN]
The Plaintiff is represented by:
Patrick Yarborough, Esq.
FOSTER YARBOROUGH PLLC
917 Franklin Street, Suite 220
Houston, TX 77002
Phone: (713) 331-5254
Facsimile: (713) 513-5202
Email: patrick@fosteryarborough.com
- and -
Lori G. Feldman, Esq.
GEORGE FELDMAN McDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Phone: (917) 983-9321
Email: lfeldman@4-justice.com
- and -
Ori Raphael, Esq.
Damon Mathias, Esq.
MATHIAS RAPHAEL PLLC
13101 Preston Road, Suite 501
Dallas, TX 75240
Phone: (214) 739-0100
Fax: (214) 739-0551
Email: ori@mr.law
damon@mr.law
AT&T INC: Zwald Class Suit Moved From N.D. Illinois to N.D. Texas
-----------------------------------------------------------------
The case styled AMANDA ZWALD, individually and on behalf of all
others similarly situated v. AT&T INC., Case No. 1:24-cv-04489, was
transferred from the U.S. District Court for the Northern District
of Illinois to the U.S. District Court for the Northern District of
Texas on July 10, 2024.
The Clerk of Court for the Northern District of Texas assigned Case
No. 3:24-cv-01756-E to the proceeding.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated customers stored within its network systems
following a data breach in early 2024. The Plaintiff brings claims
against the Defendant for negligence, negligence per se, breach of
implied contract, breach of express contract, and unjust
enrichment.
AT&T Inc. is a telecommunications company headquartered in Dallas,
Texas. [BN]
The Plaintiff is represented by:
Matthew T. Heffner, Esq.
Matthew T. Hurst, Esq.
HEFFNER HURST
30 N. LaSalle Street, Suite 1210
Chicago, IL 60602
Telephone: (312) 346-3466
Email: mheffner@heffnerhurst.com
mhurst@heffnerhurst.com
- and -
Ariana J. Tadler, Esq.
A.J. de Bartolomeo, Esq.
TADLER LAW LLP
22 Bayview Avenue, Suite 200
Manhasset, NY 11030
Telephone: (212) 946-9300
Email: atadler@tadlerlaw.com
ajd@tadlerlaw.com
AXOS BANK: Ash Files Suit in S.D. California
--------------------------------------------
A class action lawsuit has been filed against Axos Bank. The case
is styled as Kyle Ash, Moshe Stempel, indvidually and on behalf of
all others similarly situated v. Axos Bank doing business as: UFB
Direct, Case No. 3:24-cv-01157 (S.D. Cal., July 3, 2024).
The nature of suit is stated as Other Fraud.
Axos Bank -- https://www.axosbank.com/ -- offers a comprehensive
range of innovative financial products and services with the
highest level of security.[BN]
The Plaintiffs are represented by:
Scott Adam Edelsberg, Esq.
EDELSBERG LAW
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
- and -
Jeffrey Douglas Kaliel, Esq.
KALIEL GOLD PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005
Phone: (202) 350-4783
Email: jkaliel@kalielpllc.com
- and -
Sophia Goren Gold, Esq.
KALIELGOLD PLLC
950 Gilman Street, Suite 200
Berkeley, CA 94710
Phone: (202) 350-4783
Email: sgold@kalielgold.com
The Defendant is represented by:
Jay T. Ramsey, Esq.
SHEPPARD MULLIN
1901 Avenue of the Stars, 16th Floor
Los Angeles, CA 90067
Phone: (310) 228-3700
Fax: (310) 228-3701
Email: jramsey@sheppardmullin.com
BARCLAYS BANK DELAWARE: Massay Files Suit in Fla. Cir. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Barclays Bank
Delaware. The case is styled as Morghan Massay, individually and on
behalf of all others similarly situated v. Barclays Bank Delaware,
Case No. CACE24010097 (Fla. Cir. Ct., Broward Cty., July 18,
2024).
Barclays Bank Delaware -- https://cards.barclaycardus.com/ --
offers credit cards. The Bank provides credit cards for travel,
entertainment, retail, and business purposes, as well as co-branded
cards from different companies and institutions.[BN]
The Plaintiff is represented by:
Chris Gold, Esq.
GOLD LAW, PA
350 Lincoln Rd., 2nd Floor
Miami Beach, FL 33139
Phone: 561-789-4413
Email: chris@chrisgoldlaw.com
BARNDON ENTERPRISES: Underpays Manual Laborers, Torralva Suit Says
------------------------------------------------------------------
JAIME TORRALVA, on behalf of himself and all others similarly
situated, Plaintiff v. BARNDON ENTERPRISES, LLC and BARNABAS
DOMOWSKI, Defendants, Case No. 8:24-cv-01993-GLS (D. Md., July 10,
2024) is a class action against the Defendants for failure to pay
wages for all hours worked, including overtime, in violation of the
Fair Labor Standards Act, the Maryland Wage Payment and Collection
Law, and the Maryland Wage and Hour Law.
The Plaintiff was employed by the Defendants to do manual labor in
Maryland from May 2023 until February 2024.
Barndon Enterprises, LLC is a limited liability company doing
business in Maryland. [BN]
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
Email: bgodfrey@zagfirm.com
BIONTECH SE: Ladewig Suit Transferred to S.D. New York
------------------------------------------------------
The case styled as Adriano Ladewig, Docdeer Foundation, Xia
Rongpeng, individually and on behalf of all others similarly
situated v. BioNTech SE, Ugur Sahin, Jens Holstein, Case No.
2:24-cv-00337 was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
Southern District of New York on July 15, 2024.
The District Court Clerk assigned Case No. 1:24-cv-05310-KPF to the
proceeding.
The nature of suit is stated as Securities/Commodities.
BioNTech SE -- https://www.biontech.com/int/en/home.html -- is a
German biotechnology company based in Mainz that develops and
manufactures active immunotherapies for patient-specific approaches
to the treatment of diseases.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Phone: (310) 405-7190
- and -
Adam Marc Apton, Esq.
LEVI AND KORSINSKY LLP
445 South Figueroa Street 31st Floor
Los Angeles, CA 90071
Phone: (213) 985-7290
Fax: (212) 363-7171
- and -
Adam C. McCall, Esq.
BLEICHMAR FONTI AND AULD LLP
1330 Broadway, Suite 630
Oakland, CA 94612
Phone: (212) 789-1340
- and -
Brian O'Connell, Esq.
CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP
150 South Wacker Drive, Suite 3000
Chicago, IL 60606
Phone: (312) 782-4880
Fax: (312) 782-4485
Email: boconnell@pomlaw.com
The Defendant is represented by:
Bruce G. Vanyo, Esq.
KATTEN MUCHIN ROSENMAN, LLP (NYC)
575 Madison Avenue
New York, NY 10022
Phone: (212) 940-8800
Fax: (212) 894-5792
Email: bruce@katten.com
- and -
Christina Lucen Costley, Esq.
Paul Satoshi Yong, Esq.
KATTEN MUCHIN ROSENMAN LLP
2121 Avenue of the Star, Suite 1100
Los Angeles, CA 90067-5010
Phone: (310) 788-4485
Fax: (310) 712-8235
Email: christina.costley@katten.com
paul.yong@katten.com
BLEZNAK ENTERPRISES: Faces Maurer ADA Suit for Inaccessible Website
-------------------------------------------------------------------
DENNIS MAURER, an Individual, Plaintiff v. BLEZNAK ENTERPRISES,
INC., a Florida Corporation, Defendant, Case No. 1:24-cv-07510
(D.N.J., July 2, 2024) is a class action seeking for injunctive
relief, damages, attorney's fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act (ADA) and the New
Jersey Law Against Discrimination.
The Plaintiff suffers from multiple sclerosis and at all times
requires the use of a wheelchair to ambulate. He visits various
properties both as a patron and a disability advocate performing
inspection for ADA compliance. He has visited Defendant's property
on several occasions, most recently on March 10, 2024, and found
that the property is littered with ADA violations both in
architecture and policy. In particular, he encountered access
barriers in the designated parking spaces at Friendly's, a
restaurant operating within the property. Additionally, some of the
restaurant's goods and services, including its restroom, are also
allegedly inaccessible to people with mobility impairment, says the
Plaintiff.
Located in Deptford, NJ, Bleznak Enterprises, Inc. owns or
operates, leases or leases to, a place of public accommodation.
[BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
717 E. Elmer Street, Suite 7
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
BLUNDSTONE USA: Pollitt Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Blundstone USA, Inc.
The case is styled as Derek Pollitt, on behalf of himself and all
others similarly situated v. Blundstone USA, Inc., Case No.
1:24-cv-05353 (S.D.N.Y., July 16, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Blundstone USA, Inc. -- https://www.blundstone.com/ -- offers
Chelsea boots, Lace Ups and Work Boots in leather and suede.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (516) 287-3458
Email: glevy@glpcfirm.com
BOLT BIOTHERAPEUTICS: Nesterenko Sues Over Share Price Drop
-----------------------------------------------------------
OLEG NESTERENKO, individually and on behalf of all others similarly
situated, Plaintiff v. BOLT BIOTHERAPEUTICS, INC., RANDALL C.
SCHATZMAN, WILLIAM P. QUINN, and EDITH PEREZ, Defendants, Case No.
3:24-cv-03985 (N.D. Cal., July 2, 2024) is a federal securities
class action on behalf of the Plaintiff and a class consisting of
all persons and entities other than Defendants that purchased or
otherwise acquired Bolt securities between February 5, 2021 and May
14, 2024, both dates inclusive, seeking to recover damages caused
by Defendants' violations of the federal securities laws and to
pursue remedies under Sections 10(b) and 20(a) of the Securities
Exchange Act of 1934 and Rule 10b-5 promulgated thereunder, against
the Company and certain of its top officials.
Throughout the Class Period, the Defendants allegedly made
materially false and misleading statements regarding the Company's
business, operations, and prospects. Specifically, Defendants made
false and/or misleading statements and/or failed to disclose that:
(i) BDC-1001, an immuno-oncology product, was less effective than
the Company had represented to investors and was in fact unlikely
to meet its pre-defined success criteria; (ii) accordingly,
Defendants overstated the clinical and/or commercial prospects of
Bolt's product pipeline, on which the Company primarily relies to
sustain its business model; (iii) all of the foregoing subjected
the Company to a heightened risk of disruptive leadership
transitions and substantial workforce reduction; and (iv) as a
result, the Company's public statements were materially false and
misleading at all relevant times, says the suit.
On this news, Bolt's stock price fell $.49 per share, or 37.12%, to
close at $0.83 per share on May 15, 2024.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the suit alleges.
Bolt Biotherapeutics, Inc. is a clinical-stage biopharmaceutical
company, engages in the development of immunotherapies for the
treatment of cancer.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
- and -
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
BRISTOL HOSPICE: Rey Suit Removed to N.D. California
----------------------------------------------------
The case styled as Dianna Rey, Manuel David Castodo, on behalf of
themselves and all others similarly situated v. Bristol Hospice,
LLC, Case No. 24CV077841 was removed from the Alameda County
Superior Court, to the U.S. District Court for the Northern
District of California on July 3, 2024.
The District Court Clerk assigned Case No. 3:24-cv-04039-SK to the
proceeding.
The nature of suit is stated as Jobs Civil Rights for Employment
Discrimination.
Bristol Hospice, LLC -- https://bristolhospice.com/ -- provide
hospice services to meet the physical, psychosocial, and spiritual
needs of patients and their families/caregivers.[BN]
The Plaintiffs are represented by:
Gregg Lander, Esq.
D.LAW, INC.
1635 Pontius Avenue, Second Floor
Los Angeles, CA 90025-3361
Phone: (424) 320-5387
Fax: (323) 677-4421
Email: gregg@d.law
- and -
Emil Davtyan, Esq.
D.LAW, INC.
880 E Broadway, Suite 700
Glendale, CA 91205
Phone: (818) 962-6465
Fax: (818) 962-6469
The Defendant is represented by:
Lara Besser, Esq.
JACKSON LEWIS P.C.
225 Broadway, Suite 1800
San Diego, CA 92101
Phone: (619) 573-4918
Email: lara.besser@jacksonlewis.com
- and -
Kelsey M. Morris, Esq.
JACKSON LEWIS P.C.
50 California Street, Ste 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Fax: (415) 394-9401
Email: kelsey.morris@jacksonlewis.com
BUSH INDUSTRIES: Karim Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiff v. Bush Industries, Inc., Defendant, Case No.
1:24-cv-05027 (S.D.N.Y., July 2, 2024) is a civil rights action
against Bush Industries for their failure to design, construct,
maintain, and operate their website, https://www.bushhome.com, to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of
Plaintiff's rights under the Americans with Disabilities Act, the
New York State Human Rights Law, and the New York City Human Rights
Law.
Plaintiff Karim has made numerous attempts to complete a purchase
on Bushhome.com. Firstly, she tried to purchase a chair on May 18,
2024, and then she tried again on May 19, 2024. All these times she
was unable to complete the purchase independently because of the
many access barriers on Defendant's website. These access barriers
have caused Bushhome.com to be inaccessible to, and not
independently usable by, blind and visually-impaired persons, says
the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Bush Industries' policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Bush Industries, Inc. designs, manufactures, and sells furniture
products.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
CAPITAL DIGESTIVE CARE: Byers Files FLSA Suit in D. Maryland
------------------------------------------------------------
A class action lawsuit has been filed against Capital Digestive
Care LLC. The case is styled as Laurel Byers, individually and for
others similarly situated v. Capital Digestive Care LLC, Case No.
8:24-cv-02074-GLS (D. Md., July 17, 2024).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Capital Digestive Care -- https://www.capitaldigestivecare.com/ --
is the largest gastroenterology group in the Mid-Atlantic
states.[BN]
The Plaintiff is represented by:
Alexander James Adducci Taylor, Esq.
SULAIMAN LAW GROUP LTD - LOMBARD IL
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (331) 307-7646
Fax: (630) 575-8188
Email: ataylor@sulaimanlaw.com
CARE AND DEVELOPMENT: Valdery-Hughes Sues Over Unpaid Overtime
--------------------------------------------------------------
Sarnitra Valdery-Hughes, on behalf of herself and all those
similarly situated v. CARE AND DEVELOPMENT CENTER, INC., GILBERT
CHARLES, AND LAVERNE KING, Case No. 2:24-cv-01708-EEF-JVM (E.D.
La., July 8, 2024), is brought seeking unpaid overtime and
liquidated damages owed to them for not being paid overtime timely
in direct violation of the Fair Labor Standards Act (hereinafter
called the "FLSA").
The Plaintiff bring this FLSA claim as a collective action on
behalf of all persons in the United States, who, since December
2020, previously worked or currently work for Defendants as home
caregivers, also referred to as "Direct Service Workers", who
worked in excess of 40 hours per week, but were not paid overtime
for all hours worked in excess of 40 per week, thereby depriving
them of federally mandated overtime pay for all hours worked in
excess of 40 per week.
While working for Defendants, Plaintiff worked in excess of 40
hours per week performing services for Defendants' clients.
However, despite the fact that Plaintiff worked in excess of 40
hours per week as a Direct Service Worker for Defendants, she was
not and has not been properly paid overtime for all hours she
worked in excess of 40 per week, says the complaint.
The Plaintiff began working for Defendants as a Direct Service
Worker from 2020 until 2023.
The Defendants run a business providing services to persons needing
home care givers for payment in direct competition with for-profit
businesses and thus engages in ordinary commercial activities that
result in sales made or business done.[BN]
The Plaintiff is represented by:
Jody Forester Jackson, Esq.
Mary Bubbett Jackson, Esq.
JACKSON+JACKSON
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170
Phone: (504) 599-5953
Fax: (888) 988-6499
Email: jjackson@jackson-law.net
mjackson@jackson-law.net
CENCORA INC: Tucker Sues Over Unprotected Sensitive Information
---------------------------------------------------------------
AMANDA TUCKER, individually and on behalf of all others similarly
situated, Plaintiff v. CENCORA, INC. and THE LASH GROUP, LLC,
Defendants, Case No. 2:24-cv-02912 (E.D. Pa., July 2, 2024) arises
from Defendants' failure to properly secure and safeguard
individuals' personally identifying information and protected
health information.
Despite Defendants' duty to safeguard PII and PHI, Plaintiff's and
Class Members' sensitive information was exposed to unauthorized
third parties during a massive data breach following a February
2024 cyberattack. In the wake of the cyberattack, Defendants'
clients, some of the largest pharmaceutical firms in the United
States have begun to notify affected individuals that their
valuable PII and PHI -- including their full names, addresses,
health diagnoses, medications, and prescriptions -- that was
entrusted to Defendants was exposed and exfiltrated as a result of
the data breach. While Cencora initially disclosed the data breach
in a public filing in February 2024, it revealed very little
information. Additionally, despite becoming aware of unauthorized
access to its systems on February 21, 2024, Defendants did not
begin notifying affected individuals until late May 2024.
Accordingly, the Plaintiff, on behalf of herself, and the Class,
brings claims for negligence, negligence per se, and declaratory
judgment, seeking actual and putative damages, with attorneys'
fees, costs, and expenses, and appropriate injunctive and
declaratory relief.
Headquartered in Conshohocken, PA, Cencora is an American drug
wholesale company that provides services related to drug
distribution, specialty pharmacy, consulting, and clinical trial
support. Lash Group, a division of Cencora, specializes in patient
support technologies. [BN]
The Plaintiff is represented by:
Gary F. Lynch, Esq.
Patrick D. Donathen, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
patrick@lcllp.com
- and -
Jason S. Rathod, Esq.
MIGLIACCIO & RATHOD LLP
412 H. Street NE, Suite 302
Washington, DC 20002
Telephone: (202)470-3520
E-mail: jrathod@classlawdc.com
CHEN LING: Zhang Suit Seeks Unpaid Overtime for Restaurant Cooks
----------------------------------------------------------------
CHUNMING ZHANG, on behalf of himself and all others similarly
situated, Plaintiff v. CHEN LING WANG, INC. d/b/a First Wok and
XING FENG, Defendants, Case No. 9:24-cv-80841 (S.D. Fla., July 10,
2024) is a class action against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act.
Plaintiff Zhang was employed by the Defendants to work as a cook at
First Wok from about 2005 through on or about May 20, 2024.
Chen Ling Wang, Inc., doing business as First Wok, is a restaurant
owner and operator, located at 4801 S. Military Trail, Greenacres,
Florida. [BN]
The Plaintiff is represented by:
Tiffany Troy, Esq.
Aaron B. Schweitzer, Esq.
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
Email: troylaw@troypllc.com
CITIZENS INSURANCE: Thornley Suit Asserts Breach of Contract
------------------------------------------------------------
MELISSA THORNLEY, DEBORAH BENJAMIN-KOLLER, and JOSUE HERRERA,
individually and on behalf of all others similarly situated,
Plaintiffs v. CITIZENS INSURANCE COMPANY of AMERICA, a Michigan
Corporation, Defendant, Case No. 1:24-cv-05525 (N.D. Ill., July 1,
2024) is a class action brought by the Plaintiffs, individually and
on behalf of a Class of others similarly situated as assignees of
Wynndalco Enterprises, LLC, against the Defendant to recover on a
judgment entered against Wynndalco in favor of Plaintiffs and the
Class that Citizens is legally obligated to pay pursuant to a
Business Owners Policy of insurance (the "Citizens Policy") it
issued to Wynndalco.
The Named Plaintiffs bring this action individually and on behalf
of all members of the Class certified in Thornley, et al v. CDW-G,
LLC and Wynndalco Enterprises, LLC, No. 2020 CH 04346 ( Illinois
Circuit Court, Cook County, Chancery Division) (the "Thornley
Lawsuit"). The Named Plaintiffs were appointed in the Thornley
Lawsuit to represent the Class on April 22, 2021.
According to the complaint, Citizens has a contractual obligation,
pursuant to the Citizens Policy, to pay all sums Wynndalco is
"legally obligated to pay as damages" for claims asserted against
Wynndalco in the Thornley Lawsuit and any interest accrued on such
damages. Wynndalco entered into a reasonable settlement with
Plaintiffs and the Class to resolve the Thornley Lawsuit, agreeing
to a Settlement Amount of $20,050,000.
Citizens has refused to indemnify Wynndalco for the Settlement
Amount and has refused to reimburse Wynndalco for the $50,000
portion of the Settlement Amount it has paid or to pay Plaintiffs
and the Class or Wynndalco the remaining unpaid portion of the
Settlement Amount, in breach of Citizens' contractual obligations
to Wynndalco. Citizens has further refused to pay Wynndalco for the
legal expenses it incurred in defending itself in the Thornley
Lawsuit litigation as a result of Citizens' refusal to comply with
its contractual obligation to defend Wynndalco in the Thornley
Lawsuit, in breach of Citizens' contractual obligations to
Wynndalco.
The Plaintiffs, as assignees of Wynndalco's claims and rights
against Citizens for such payments, are entitled to recover damages
for Citizens' breach of its contractual obligations to defend and
indemnify Plaintiffs, asserts the suit.
Citizens is authorized to write, sell, and issue insurance policies
providing property and business income coverage in Illinois and
throughout the United States.[BN]
The Plaintiffs are represented by:
David S. Golub, Esq.
Jennifer Sclar, Esq.
SILVER GOLUB & TEITELL LLP
One Landmark Square, 15th Floor
Stamford, CT 06901
Telephone: (203) 325-4491
E-mail: dgolub@sgtlaw.com
jsclar@sgtlaw.com
- and -
Kevin M. Forde, Esq.
Brian P. O'Meara, Esq.
FORDE & O'MEARA LLP
191 N. Wacker Drive, 31st Floor
Chicago, IL 60606
Telephone: (312) 641-1441
E-mail: kforde@fordellp.com
bomeara@fordellp.com
- and -
Zachary J. Freeman, Esq.
Rachel E. Simon, Esq.
MILLER SHAKMAN LEVINE & FELDMAN LLP
30 W. Monroe Street, Suite 1900
Chicago, IL 60601
Telephone: (312) 263-3700
E-mail: zfreeman@millershakman.com
rsimon@millershakman.com
CURIOSITYSTREAM INC: Ducote and Ramkumar Allege VPPA Violations
---------------------------------------------------------------
TRAVIS DUCOTE, DIPAK RAMKUMAR, For Themselves and Others Similarly
Situated, Plaintiffs v. CURIOSITYSTREAM, INC., Defendant, Case No.
1:24-cv-01922-SAG (D. Md., July 2, 2024), accuses the Defendant of
violating Video Privacy Protection Act by collecting and sharing
highly-specific and sensitive information about consumers' video
consumption habits without requisite consent.
Allegedly, CuriosityStream intentionally installed computer code on
its website, called the "Meta Tracking Pixel," which tracks and
records Plaintiffs and Class members' private video consumption.
When Plaintiffs watched videos on CuriosityStream.com, the
Defendant disclosed event data, which recorded and disclosed the
video's title, URL, and video description to Meta, says the suit.
CuriosityStream develops, owns, and operates CuriosityStream.com, a
streaming video platform that hosts and delivers thousands of
documentaries and educational videos in a variety of subjects,
including science, history, technology, nature, arts and society,
and crime. [BN]
The Plaintiffs are represented by:
William N. Sinclair, Esq.
SILVERMAN THOMPSON SLUTKIN & WHITE, LLC
400 E. Pratt St., Suite 900
Baltimore, MD 21202
Telephone: (410) 385-2225
Facsimile: (410) 547-2432
E-mail: bsinclair@silvermanthompson.com
- and -
Michael A. Innes, Esq.
Kevin G. Cooper, Esq.
Jordan M. Steele, Esq.
CARELLA BYRNE CECCHI BRODY & AGNELLO, P.C.
5 Becker Farm Rd.
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
EVOLVE BANK: Payne Sues Over Failure to Secure Personal Info
------------------------------------------------------------
ALLEN PAYNE, on behalf of himself, and all others similarly
situated, Plaintiff v. EVOLVE BANK AND TRUST, Defendant, Case No.
2:24-cv-02466 (W.D. Tenn., July 2, 2024) arises from the
Defendant's failure to implement reasonable and industry standard
data security practices to properly secure, safeguard, and
adequately destroy Plaintiff's and the putative class members'
sensitive personally identifiable information that it had acquired
and stored for its business purposes.
According to the complaint, the Defendant's data security failures,
including its failure to adhere to its duty of care to implement
reasonable cybersecurity protections, allowed a targeted
cyberattack on June 18, 2024, to compromise Defendant's network
that, upon information and belief, contained Plaintiff's and other
individuals PII. The data breach was a direct result of Defendant's
failure to implement adequate and reasonable cyber-security
procedures and protocols necessary to protect individuals' PII with
which it was hired to protect, says the suit.
Through this complaint, the Plaintiff seeks to remedy these harms
on behalf of himself and all similarly situated customers whose PII
was accessed during the data breach. Accordingly, the Plaintiff
brings this action against Defendant Evolve Bank and Trust seeking
redress for its unlawful conduct and asserting claims for: (i)
negligence and negligence per se, (ii) breach of third-party
beneficiary contract, (iii) unjust enrichment, (iv) breach of
fiduciary duty, and (v) bailment.
Evolve Bank and Trust is a national financial services institution
recognized as a global leader in the payments and
banking-as-a-service industry.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
gwells@stranchlaw.com
FIFTH THIRD: Faces Stamnes Suit Over Deceptive Business Practices
-----------------------------------------------------------------
WILLIAM STAMNES, BRUCE MCGEOCH, EUNICE MCCALLUM, JOAN RAMOS,
STEPHEN CLOUSER, DAVID KLINGLER, KENNETH HERRINGTON, and JAMES
YOUNG, individually and on behalf of all other similarly situated
individuals, Plaintiffs v. FIFTH THIRD BANK, NATIONAL ASSOCIATION,
and DIVIDEND FINANCE INC., Defendants, Case No. 9:24-cv-80808 (S.D.
Fla., July 1, 2024) arises out of Defendants' unfair, unlawful, and
deceptive business practices undertaken in connection with the
origination and servicing of thousands of loans taken out by
borrowers to purchase residential solar photovoltaic systems for
their homes during from 2018 to the present in violation of the
Florida Deceptive and Unfair Trade Practices Act.
The Defendants own and operate the residential and home improvement
financing business "Dividend" and/or "Dividend Finance." Dividend
provides loans to homeowners to enable them to purchase Solar Panel
Systems.
According to the complaint, the Dividend earns revenue by, inter
alia, charging consumers fees, charging its partner sales and
installation companies (such as Vision Solar) fees, and by
securitizing the loans Dividend issues and sales of those
securities to third-party investors. The more loans Dividend
issues, the more revenue Dividend earns from these activities.
The Defendants' conduct has saddled thousands of homeowners
throughout the United States with tens of thousands of dollars of
oppressive debt taken out for the purchase of what turned out to be
non-functioning, non-permitted Solar Panel Systems installed on
their residences in addition to extensive damage of the homes of
Plaintiffs and members of the Class caused by the work of
un-licensed or inadequately licensed contractors used by Vision
Solar, says the suit.[BN]
The Plaintiffs are represented by:
Joshua S. Horton, Esq.
THE JOSHUA S. HORTON LAW FIRM, PA
107 Pond Apple Lane # 102
Jupiter, FL 33458
Telephone: (561) 764-4041
Facsimile: (561) 584-5212
E-mail: josh@joshuahortonlaw.com
GALLOWAY VILLAGE: Faces Maurer Disability Discrimination Lawsuit
----------------------------------------------------------------
DENNIS MAURER, an Individual Plaintiff v. GALLOWAY VILLAGE SQUARE
LLC, a New Jersey Limited Liability Company, Defendant, Case No.
1:24-cv-07507 (D.N.J., July 2, 2024) is a class action seeking for
injunctive relief, damages, attorney's fees, litigation expenses,
and costs pursuant to the Americans with Disabilities Act and the
New Jersey Law Against Discrimination.
Plaintiff Maurer alleges that Defendant's designated accessible
parking spaces are not maintained, lack proper access aisles, and
contain surface cracks. Among other things, payment counters
throughout the Defendant's property are mounted beyond Plaintiff's
reach, says the suit.
Based in Galloway, NJ, Galloway Village Square LLC owns and
maintains and property with a shopping center/plaza that has
several tenant spaces. [BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
717 E. Elmer Street, Suite 7
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
GEISINGER HEALTH: Faces Gray Suit Over Alleged Data Breach
----------------------------------------------------------
BARBARA GRAY, individually and on behalf of all others similarly
situated, Plaintiff v. GEISINGER HEALTH and NUANCE COMMUNICATIONS,
INC., Defendants, Case No. 4:24-cv-01091-MWB (M.D. Pa., July 2,
2024) arises from Defendants' failure to prevent data breach
because of not adhering to commonly accepted data security
standards.
The data breach compromised customers' names, dates of birth,
addresses, medical record numbers, race, gender, admits and
discharges or transfer codes, phone numbers, and facility name
abbreviations. Accordingly, the Plaintiff seeks redress for
Defendant's unlawful conduct and asserts claims for negligence,
breach of implied contract, and unjust enrichment.
Geisinger Health is a health care provider based in Danville, PA.
[BN]
The Plaintiff is represented by:
Charles E. Schaffer, 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
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
E-mail: jgoldenberg@gs-legal.com
- and -
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road - Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: bcohen@leedsbrownlaw.com
GEISINGER HEALTH: Saxer and Saxer Sue Over Private Data Breach
--------------------------------------------------------------
JOHN SAXER and CAROLYNN SAXER, individually and on behalf of all
others similarly situated, Plaintiffs v. GEISINGER HEALTH PLAN, and
NUANCE COMMUNICATIONS, INC., Defendants, Case No. 4:24-cv-01095-MWB
(M.D. Pa., July 2, 2024) arises from Defendant's failure to secure
and safeguard personally identifiable information and personal
health information for approximately 1.2 million patients of or
other persons affiliated with Defendants.
On or around November 29, 2023, Geisinger discovered that a former
Nuance employee had accessed certain Geisinger patient information
two days after the employee was terminated. At some point following
this discovery, Nuance began an investigation, which revealed that
the former employee had accessed and taken information pertaining
to more than one million Geisinger patients. However, Geisinger did
not announce the data breach publicly until on or around June 24,
2024 and did not file a breach with the U.S. Department of Health &
Human Services until June 21, 2024. In addition, Geisinger's notice
on its website provides scant detail about the data breach and the
steps that Defendants are taking to address it, says the suit.
Geisinger provides primary care to the urban and rural communities
across Pennsylvania. [BN]
The Plaintiffs are represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: aferich@ahdootwolfson.com
HIYA HEALTH: Murphy Sues Over ADA Non-Compliant Website
-------------------------------------------------------
JAMES MURPHY, on behalf of himself and all other persons similarly
situated, Plaintiff v. HIYA HEALTH PRODUCTS LLC, Defendant, Case
No. 1:24-cv-05064 (S.D.N.Y., July 3, 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
Murphy asserts claims for violations of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
The Plaintiff alleges that Defendant failed to make its website
available in a manner compatible with computer screen reader
programs. Moreover, Defendant deprived blind and visually-impaired
individuals the benefits of its online goods, content, and
services. Accordingly, the Plaintiff seeks a permanent injunction
to cause a change in Defendant's corporate policies, practices, and
procedures so that Defendant's website will become and remain
accessible to blind and visually-impaired consumers.
Headquartered in West Palm Beach, FL, Hiya Health owns and operates
the website, https://hiyahealth.com, which provides consumers with
access to an array of goods and services including information
about Defendant's children's health supplements and multivitamins,
as well as other types of goods, pricing, shipping policy, sales
taxes, refund policy, terms of service. [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
IDAHO: Faces Roe Suit Over Law Terminating Medical Treatment
-------------------------------------------------------------
JANE ROE, JANE POE, JANE DOE, on their own behalf and on behalf of
a class of those similarly situated, Plaintiffs v. RAUL LABRADOR,
in his official capacity as Attorney General of the State of Idaho;
BRAD LITTLE, in his official capacity as Governor of the State of
Idaho, JOSH TEWALT in his official capacity as the Director of the
Idaho Department of Corrections; BREE DERRICK in her official
capacity as the Deputy Director of IDOC; Centurion of Idaho, LLC;
Centurion Health, Defendants, Case No. 1:24-cv-00306-CWD (D. Idaho,
June 28, 2024) seek injunctive and declaratory relief to remediate
Defendants' violations of Plaintiffs' rights and preserve their
access to their gender-affirming medical care.
The Plaintiffs and the putative class they seek to represent are
people currently incarcerated in the custody of the Idaho
Department of Corrections. The Plaintiffs have all been diagnosed
with gender dysphoria, a serious medical condition characterized by
clinically significant distress resulting from the incongruence
between a person's gender identity and sex designated at birth.
IDOC recognizes gender dysphoria as a serious medical need. For
years, IDOC has had a formal internal directive governing the
treatment of gender dysphoria, which anticipates treatment with
hormone therapy based on individual medical need. The Plaintiffs'
gender dysphoria has improved because of their hormone therapy, and
they have experienced no adverse side effects warranting a change
or discontinuation in their treatment plans for medical reasons.
As a result of House Bill 668, medical staff employed by IDOC
and/or Centurion have notified some Plaintiffs that their hormone
replacement therapy will be terminated or their dose will be
lowered in preparation for HB 668's effective date of July 1, 2024.
The Plaintiffs, and those similarly situated to them, face the
imminent loss of their health care because Idaho state law mandates
an across-the-board ban on their necessary medical treatment.
Furthermore, the Defendants' withdrawal, denial, and/or reduction
of medications prescribed to treat Plaintiffs' serious medical
needs based on a blanket ban and without any individualized medical
determination, violates the Eighth Amendment to the U.S.
Constitution's prohibition on cruel and unusual punishment, says
the suit.
Defendant Raul Labrador is the Attorney General of the State of
Idaho.[BN]
The Plaintiffs are represented by:
Paul Carlos Southwick, Esq.
Emily Myrei Croston, Esq.
ACLU OF IDAHO FOUNDATION
P.O. Box 1897
Boise, ID 83701
Telephone: (208) 344-9750
E-mail: psouthwick@acluidaho.org
ecroston@acluidaho.org
- and -
Malita Picasso, Esq.
Chase B. Strangio, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad St.
New York, NY 10004
Telephone: (212) 549-2584
E-mail: cstrangio@aclu.org
mpicasso@aclu.org
KEITH PARTRICK GILL: Sued Over Drop in Gamestop Securities' Value
-----------------------------------------------------------------
MARTIN RADEV, individually and on behalf of all others similarly
situated, Plaintiff v. KEITH PATRICK GILL, Defendant, Case No.
1:24-cv-04608 (E.D.N.Y., June 28, 2024) is a federal securities
class action on behalf of a class consisting of all persons and
entities other than Defendant that purchased or otherwise acquired
GameStop securities between May 13, 2024 and June 13, 2024, both
dates inclusive, seeking to recover damages caused by Defendant's
violations of the federal securities laws and to pursue remedies
under Sections 9(a), 9(f), 10(b), and 20A of the Securities
Exchange Act of 1934 and Rule 10b-5(a) & (c) promulgated
thereunder, against Defendant.
The Defendant is an American financial analyst and investor, as
well as former financial analyst for Massachusetts Mutual Life
Insurance Company, also referred to as "MassMutual." He is also a
former registered stockbroker who holds several securities-industry
licenses, as well as one of GameStop's largest shareholders.
According to the complaint, the Defendant engaged in a
pump-and-dump scheme, whereby he: (i) shortly before his May 12,
2024 social media post on X, and unknown to investors, quietly
purchased a large volume of GameStop call options on E*Trade at
comparatively low prices; (ii) on May 12, 2024, reignited the meme
stock movement and pumped the value of GameStop securities with his
first social media post on X in nearly three years; (iii) after the
prices of GameStop securities had abated, pumped the value of
GameStop securities again via a June 2, 2024 post of his GameStop
portfolio on Reddit, disclosing his large position in GameStop
securities, including 120,000 GameStop call options and 5 million
shares of GameStop stock; and (iv) by June 13, 2024, quietly sold
and/or exercised (i.e., dumped) all 120,000 of his GameStop call
options for a large profit, seemingly to increase his own stake in
GameStop stock by over 4 million shares, belatedly revealing as
much to investors on June 13, 2024, during after-market hours.
As a result of Defendant's wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
GameStop is a specialty retailer that provides games and
entertainment products through its stores and ecommerce platforms
in the U.S., Canada, Australia, and Europe.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
James M. LoPiano, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
jlopiano@pomlaw.com
KOSTAL KONTAKT: Fails to Provide Proper Wages, Walencik Suit Claims
-------------------------------------------------------------------
VALERIE WALENCIK, individually and on behalf of all others
similarly situated, Plaintiff v. KOSTAL KONTAKT SYSTEME, INC., a
Michigan corporation, Defendant, Case No. 2:24-cv-11713-JEL-DRG
(E.D. Mich., July 2, 2024), seeks to recover unpaid wages,
liquidated damages, interest, attorney's fees, costs, and other
relief as appropriate under the Fair Labor Standards Act and the
common law claim of unjust enrichment.
The Defendant hired Plaintiff as an hourly production employee from
approximately December 2022 through March 26, 2024. Throughout her
employment with Defendant, the Plaintiff typically punched in on
Defendant's time-clock system prior to her scheduled shift time and
punched out after her scheduled shift time. However, the Defendant
maintained an unlawful pay policy and practice which ignored
employee punch-in and punch-out times such that the employees were
only paid for their scheduled shift time. As a result, Defendant
failed to pay Plaintiff for all time worked, says the suit.
Kostal Kontakt Systeme, Inc. is a Michigan corporation that
develops, produces and sells terminal and connector systems for the
automobile and transportation industry.[BN]
The Plaintiff is represented by:
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
LANCEBERG HOLDINGS: Website Inaccessible to Blind Users, Liz Claims
-------------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiff v. Lanceberg Holdings, LLC, Defendant, Case No.
1:24-cv-05024 (S.D.N.Y., July 2, 2024) arises from Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons.
Plaintiff Liz alleges that the Defendant violated the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law. He seeks a permanent injunction to
cause a change in Lanceberg Holdings' policies, practices, and
procedures so that Defendant's website will become and remain
accessible to blind and visually-impaired consumers. This complaint
also seeks compensatory damages to compensate Class members for
having been subjected to unlawful discrimination.
Lanceberg Holdings, LLC owns and operates the website,
Alpineswiss.com, which provides customers the ability view and
purchase apparel, footwear and accessories. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
METRO CHEESE: Faces Salome Suit Over Drivers' Unpaid Wages
----------------------------------------------------------
PEDRO SALOME, on behalf of himself and other similarly situated
employees, Plaintiff v. METRO CHEESE INC. and MICHAEL CIARAVINO,
individually, Defendants, Case No. 1:24-cv-04659 (E.D.N.Y., July 2,
2024) arises from the Defendants' alleged unlawful labor policies
and practices in violation of the Fair Labor Standards Act, the New
York Labor Law, and the Wage Theft Prevention Act.
The complaint alleges the Defendants' failure to pay proper
overtime, failure to provide notice at time of hiring, and failure
to provide accurate wage statements.
The Plaintiff was employed by the Defendants from approximately
February 2020 until March 2024 wherein his primary work duty was as
a driver, delivering dairy products.
Metro Cheese Inc. is a company that operates in the food and
beverages industry.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
NOVARTIS PHARMACEUTICALS: MSP Recovery Hits Overpriced Drugs
------------------------------------------------------------
SERIES 21-12-1644, a designated series MSP RECOVERY CLAIMS, SERIES
LLC; SERIES 17-03-615, a designated series of MSP RECOVERY CLAIMS,
SERIES LLC; SERIES 17-04-631, a designated series of MSP RECOVERY
CLAIMS, SERIES LLC; SERIES 23-05- 1945, a designated series of MSP
RECOVERY CLAIMS, SERIES LLC; SERIES 16-08-483, a designated series
of MSP RECOVERY CLAIMS, SERIES LLC; SERIES 15-09-157, a designated
series of MSP RECOVERY CLAIMS, SERIES LLC; SERIES 15-09-355, a
designated series of MSP RECOVERY CLAIMS, SERIES LLC; and SERIES
16- 11-509, a designated series of MSP RECOVERY CLAIMS, SERIES LLC,
Plaintiffs v. NOVARTIS PHARMACEUTICALS CORPORATION; EXPRESS
SCRIPTS, INC.; EXPRESS SCRIPTS SPECIALTY DISTRIBUTION SERVICES,
INC.; CURASCRIPT, INC., d/b/a CURASCRIPT, SD; PRIORITY HEALTH CARE
DISTRIBUTION, INC., d/b/a CURASCRIPT SD AND CURASCRIPT SPECIALTY
DISTRIBUTION SD; ACCREDO HEALTH GROUP; THE ASSISTANCE FUND, INC;
NATIONAL ORGANIZATION FOR RARE DISORDERS, INC.; and CHRONIC DISEASE
FUND, INC. d/b/a GOOD DAYS FUND, Defendants, Case No. 6:24-cv-01213
(M.D. Fla., July 1, 2024) is a class action arising from Novartis'
conspiratorial schemes to circumvent Medicare's cost-sharing
obligations, resulting in inflated prices and increased dispensing
of Gilenya and Afinitor (collectively, "Subject Drugs" or "Novartis
Drugs"), in violation of various State Consumer Protection Laws and
the Civil Remedies for Criminal Practices Act.
Novartis Pharmaceuticals Corporation manufactures, markets and/or
distributes more than 65 drugs in the United States. The Plaintiffs
are companies that assist Government Healthcare Plans in
identifying claims payments that are subject to recoupment.
According to the complaint, Novartis knowingly and willfully
violated numerous federal and state laws by paying millions to
three third-party foundations, TAF, CDF, and NORD, to cover the
Medicare Part D copay obligations of Gilenya or Afinitor patients.
This conduct generated millions of dollars in unlawful claims
submitted to and paid for by Medicare Part D Sponsors, such as the
Assignors and Class Members.
Specifically, Novartis conspired with Express Scripts, Inc. and The
Assistance Fund, Inc. to circumvent Congressionally mandated copay
requirements for patients taking Gilenya; and Novartis conspired
with NORD and CDF to circumvent Congressionally mandated copay
requirements for patients taking Afinitor. The Co-payment Schemes
were designed to eliminate patient and physician sensitivity to
ever-increasing prices of the Novartis Drugs and induce the
dispensing (and thus payment for) the Novartis Drugs under false
pretenses, says the suit.
As a result, Plaintiffs' Assignors and the Class Members paid
inflated prices for the Novartis Drugs, and, upon information and
belief, paid for fraudulently generated claims, and paid inflated
quantities of dispensed Novartis Drugs on behalf of beneficiaries
enrolled in their health plans, the suit alleges.[BN]
The Plaintiffs are represented by:
Janpaul Portal, Esq.
John W. Cleary, Esq.
Aida M. Landa, Esq.
MSP RECOVERY LAW FIRM
2701 S. LeJeune Road, 10th Floor
Coral Gables, FL 33134
Telephone: (305) 614-2222
E-mail: jportal@msprecoverylawfirm.com
jcleary@msprecoverylawfirm.com
alanda@msprecoverylawfirm.com
- and -
Shereef H. Akeel, Esq.
Adam S. Akeel, Esq.
Samuel R. Simkins, Esq.
Daniel W. Cermak, Esq.
Hayden E. Pendergrass, Esq.
Emad R. Hamadeh, Esq.
AKEEL & VALENTINE, PLC
888 W. Big Beaver Road, Ste. 350
Troy, MI 48084
Email: shereef@akeelvalentine.com
adam@akeelvalentine.com
sam@akeelvalentine.com
daniel@akeelvalentine.com
hayden@akeelvalentine.com
emad@akeelvalentine.com
PRUDENTIAL FINANCIAL: Fails to Secure Personal Info, Villareal Says
-------------------------------------------------------------------
SANDRA VILLAREAL, on behalf of herself and all others similarly
situated, Plaintiff v. PRUDENTIAL FINANCIAL, INC. d/b/a THE
PRUDENTIAL INSURANCE COMPANY OF AMERICA, Defendant, Case No.
2:24-cv-07683-SRC-AME (D.N.J., July 10, 2024) is a class action
against the Defendant for negligence, negligence per se, breach of
implied contract, invasion of privacy, unjust enrichment, breach of
fiduciary duty, declaratory judgment, and violation of California's
Unfair Competition Law, the California Consumer Privacy Act, and
the California Customer Records Act.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) and
protected health information (PHI) of the Plaintiff and similarly
situated clients stored within its computer systems following a
data breach. The Defendant also failed to timely notify the
Plaintiff and similarly situated individuals about the data breach.
As a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, the suit
alleges.
Prudential Financial, Inc., doing business as The Prudential
Insurance Company of America, is an insurance company, with its
principal place of business in Newark, New Jersey. [BN]
The Plaintiff is represented by:
Christopher A. Seeger, Esq.
Christopher L. Ayers, Esq.
Hillary Fidler, Esq.
SEEGER WEISS LLP
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
Facsimile: (973) 639-9393
Email: cseeger@seegerweiss.com
cayers@seegerweiss.com
hfidler@seegerweiss.com
- and -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenandmalad.com
athomas@cohenandmalad.com
PRUDENTIAL INSURANCE: Wright Sues Over Unauthorized Info Access
---------------------------------------------------------------
MAUREEN WRIGHT and DONALD WRIGHT, on behalf of themselves and all
others similarly situated, Plaintiffs v. THE PRUDENTIAL INSURANCE
COMPANY OF AMERICA, Defendant, Case No. 2:24-cv-07691 (D.N.J., July
10, 2024) is a class action against the Defendant for negligence,
negligence per se, breach of implied contract, unjust enrichment,
and violations of the Pennsylvania Unfair Trade Practices And
Consumer Protection Law.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiffs and similarly situated customers stored within its
network systems following a data breach on February 5, 2024. The
Defendant also failed to timely notify the Plaintiffs and similarly
situated individuals about the data breach. As a result, the
private information of the Plaintiffs and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
The Prudential Insurance Company of America is an insurance company
in Newark, New Jersey. [BN]
The Plaintiffs are represented by:
Adam Pollock, Esq.
POLLOCK COHEN LLP
111 Broadway, Suite 1804
New York, NY 10006
Telephone: (212) 337-5361
Email: adam@pollockcohen.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
BARNOW AND ASSOCIATES, P.C.
205 West Randolph Street, Suite 1630
Chicago, IL 60606
Telephone: (312) 621-2000
Email: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
RONALD BEERS: Class Cert Bid Filing in Glasgow Due April 30, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as ROCHELLE GLASGOW, et al.,
v. RONALD BEERS, et al., Case No. 5:21-cv-02001-DAR (N.D. Ohio),
the Hon. Judge David Ruiz entered an order setting deadline for
filing motions to amend pleadings/add parties:
-- Deadline for all discovery relevant to April 30, 2025
certification of the proposed class due
by:
-- Plaintiff(s)' depositions due by: Dec. 31, 2024
-- Defendant(s)' Rule 30(b)(6) depositions Dec. 31, 2024
due by:
-- Plaintiff(s)' expert reports due by: Jan. 31, 2025
-- Defendant(s)' expert reports due by: Feb. 28, 2025
-- Plaintiff(s)' rebuttal expert reports March 31, 2025
due by:
-- Expert depositions due by: April 30, 2025.
-- Deadline for filing motion(s) for May 30, 2025
class certification.[CC]
A copy of the Court's order dated July 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=FKmimj at no extra
charge.[CC]
RONALD BEERS: Filing for Class Cert Bid in Lynn Due April 30, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as VICKI LYNN, v. DANIEL J.
BEERS, et al., Case No. 5:24-cv-00153-DAR (N.D. Ohio), the Hon.
Judge David Ruiz entered an order setting deadline for filing
motions to amend pleadings/add parties:
-- Deadline for all discovery relevant to April 30, 2025
certification of the proposed class due
by:
-- Plaintiff(s)' depositions due by: Dec. 31, 2024
-- Defendant(s)' Rule 30(b)(6) depositions Dec. 31, 2024
due by:
-- Plaintiff(s)' expert reports due by: Jan. 31, 2025
-- Defendant(s)' expert reports due by: Feb. 28, 2025
-- Plaintiff(s)' rebuttal expert reports March 31, 2025
due by:
-- Expert depositions due by: April 30, 2025.
-- Deadline for filing motion(s) for May 30, 2025
class certification.[CC]
A copy of the Court's order dated July 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1itHA8 at no extra
charge.[CC]
SIG SAUER: Class Certification Discovery in Glasscock Due Sept. 25
------------------------------------------------------------------
In the class action lawsuit captioned as Glasscock v. Sig Sauer,
Inc., Case No. 6:22-cv-03095 (W.D. Mo., Filed April 18, 2022), the
Hon. Judge Stephen R. Bough entered an order granting joint motion
to modify scheduling order:
(1) Class certification discovery shall be Sept. 25, 2024
complete on or before:
(2) Plaintiff shall designate class Nov. 5, 2024
certification experts and file
his motion for class certification
on or before:
(3) Defendant shall designate class Dec. 14, 2024
certification experts and file its
opposition brief to Plaintiff's motion
for class certification on or before:
(4) Plaintiff shall file his reply brief Jan. 11, 2025
to his motion for class certification
on or before:
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Sig Sauer is a manufacturer of firearms, electro-optics, ammo,
airguns, and suppressors.[CC]
SOUND AROUND: Website Inaccessible to Blind Users, Karim Suit Says
------------------------------------------------------------------
JESSICA KARIM, on behalf of herself and all others similarly
situated, Plaintiff v. Sound Around, Inc., Defendant, Case No.
1:24-cv-04917 (S.D.N.Y., June 28, 2024) is a civil rights action
against Sound Around for its failure to design, construct,
maintain, and operate its website, https://www.pyleusa.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of Plaintiff's
rights under the Americans with Disabilities Act, the New York
State Human Rights Law, and the New York City Human Rights Law.
Plaintiff Karim has made numerous attempts to complete a purchase
on Pyleusa.com. Firstly, she tried to purchase kitchen measuring
spoons on May 29, 2024, and then she tried again on May 30, 2024.
All these times she was unable to complete the purchase
independently because of the many access barriers on Defendant's
website. Pyleusa.com contains access barriers that prevent free and
full use by Plaintiff and blind persons using keyboards and
screen-reading software, says the suit.
Sound Around, Inc. is a online music-marketing platform.
Pyleusa.com provides a wide array of goods, services, price
specials and other programs offered by Sound Around. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
SUTTER HEALTH: Ketchum Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Sutter Health
Sacramento Sierra Region, et al. The case is styled as Patricia
Ketchum, on behalf of all others similarly situated v. Sutter
Health Sacramento Sierra Region, Sutter Medical Center, Sacramento,
Sutter Valley Hospitals, Does 1-100, Case No. 24CV013226 (Cal.
Super. Ct., Sacramento Cty., July 2, 2023).
The case type is stated as "Other Employment Complaint Case."
Sutter Health is a family of doctors and hospitals, serving more
than 100 communities in Northern California including Sacramento,
San Francisco.[BN]
TASK FORCE ZERO: Website Inaccessible to Blind Users, Tucker Says
-----------------------------------------------------------------
HENRY TUCKER, on behalf of himself and all other persons similarly
situated, Plaintiff v. TASK FORCE ZERO LLC, Defendant, Case No.
1:24-cv-05052 (S.D.N.Y., July 2, 2024) arises from Defendant's
failure to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
Plaintiff Tucker 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. The Plaintiff also asserts
claims for violations of the New York State Human Rights Law and
the New York City Human Rights Law.
Headquartered in Brooklyn, NY, Task Force Zero LLC operates the
Beatthebomb online and physical retail store across the United
States. It offers the commercial website,
https://www.beatthebomb.com/, to provide consumers with access to
an array of goods and services including information about
purchasing escape games, gift cards, private game bays with food
and drinks and other products and services available online. [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
Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
Dana@Gottlieb.legal
TENNESSEE GAS: Bradish Files Bid for Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as BRADISH JOHNSON CO.,
LIMITED, individually and as representative of all those similarly
situated, V. TENNESSEE GAS PIPELINE COMPANY, LLC and KINETICA
ENERGY EXPRESS, LLC, Case No. 2:23-cv-07363-CJB-EJD (E.D. La.), the
Plaintiff asks the Court to enter an order granting certification
of a plaintiff class defined as:
"All natural and juridical persons (excluding the State and any
state agencies or commissions, and excluding the U.S. federal
government and any agencies or departments thereof) who own
immovable property within the Louisiana coastal zone, which
immovable property is subject to pipeline right-of-way
agreements
granted to, or pipeline right-of-way servitude expropriations
in
favor of, Tennessee Gas Pipeline Company, LLC, Kinetica Energy
Express, LLC, and/or their predecessors in interest, within
which
run the pipelines denominated as the TGP 500-1, the TGP 500-2,
and
the TGP 527A-100."
Tennessee Gas provides gas transportation and storage services.
A copy of the Plaintiff's motion dated July 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7dhC76 at no extra
charge.[CC]
The Plaintiff is represented by:
James R. Swanson, Esq.
Stephen J. Herman, Esq.
Kerry J. Miller, Esq.
H.S. Bartlett III, Esq.
Lance C. McCardle, Esq.
E. Blair Schilling, Esq.
Julie S. Meaders, Esq.
Isabel A. Englehart, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, Suite 4600
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: jswanson@fishmanhaygood.com
sherman@fishmanhaygood.com
kmiller@fishmanhaygood.com
tbartlett@fishmanhaygood.com
lmccardle@fishmanhaygood.com
bschilling@fishmanhaygood.com
jmeaders@fishmanhaygood.com
ienglehart@fishmanhaygood.com
- and -
Gladstone N. Jones, III, Esq.
Michael P. Arata, Esq.
Kevin E. Huddell, Esq.
John T. Arnold, Esq.
JONES SWANSON HUDDELL, L.L.C.
601 Poydras Street, Suite 2655
New Orleans, LA 70130
Telephone: (504) 523-2500
Facsimile: (504) 523-2508
E-mail: gjones@jonesswanson.com
marata@jonesswanson.com
khuddell@jonesswanson.com
jarnold@jonesswanson.com
- and -
S. Jacob Braud, Esq.
BALLAY, BRAUD & COLON, PLC
81 l 4 Highway 23, Suite 101
Belle Chasse, LA 70037
Telephone: (504) 394-9841
Facsimile: (504) 394-9945
E-mail: Jacob@NolaAttomeys.com
- and -
A.M. "Tony" Clayton, Esq.
Ulysses Gene Thibodeaux
D'Ann R. Penner
CLAYTON, FRUGÉ, WARD & HENDRY
3741 La. Highway 1 South
Port Allen, LA 70767
Telephone: (225)344-7000
Facsimile: (225) 383-7631
E-mail: dpenner@claytonfrugelaw.com)
- and -
T. Taylor Townsend, Esq.
T. TAYLOR TOWNSEND, LLC
320 Saint Denis Street
Natchitoches, LA 71457
Telephone: (318) 238-3612
Facsimile: (318) 238-6103c
VNA CARE: Ehlers Seeks Unpaid OT for Licensed Practical Nurses
--------------------------------------------------------------
TONI EHLERS, individually and for others similarly situated v. VNA
CARE NETWORK, INC., Case No. 1:24-cv-11708-PBS (D. Mass., July 2,
2024) arises from the Defendant's failure to pay Plaintiff and the
FLSA Collective Members overtime compensation for all hours worked
in excess of 40 in a workweek in violation of the Fair Labor
Standards Act and the Massachusetts Wage and Hour Law.
Like the other patient care employees, Plaintiff Ehlers regularly
worked more than 40 hours a workweek. But VNA does not pay them for
all the hours they work. Instead, VNA deducts 30 minutes a workday
from these employees' work time for so-called "meal breaks," or
VNA's "meal auto-deduction policy," says the suit.
The Plaintiff has worked for VNA as a licensed practical nurse in
Massachusetts from approximately June 2017 through the present.
VNA Care Network, Inc. provides home health and hospice services of
patients throughout Eastern and Central Massachusetts.[BN]
The Plaintiff is represented by:
Philip J. Gordon, Esq.
Kristen M. Hurley, Esq.
GORDON LAW GROUP LLP
585 Boylston Street
Boston, MA 02116
Telephone: (617) 536-1800
Facsimile: (617) 536-1802
E-mail: pgordon@gordonllp.com
khurley@gordonllp.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
*********
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
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*** End of Transmission ***