/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240822.mbx C L A S S A C T I O N R E P O R T E R Thursday, August 22, 2024, Vol. 26, No. 169 Headlines 3M COMPANY: Colvin AFFF Suit Removed to N.D. Alabama 3M COMPANY: Speigner et al. AFFF Suit Removed to N.D. Ala. ALKU LLC: Baumgartner Seeks Account Managers' Unpaid Overtime AMAZON LOGISTICS: Garcia Labor Suit Removed to E.D. Calif. AT&T INC: Montgomery Balks at Unsecured Sensitive Personal Info BROKEN ENGLISH: Website Inaccessible to Blind Users, Trippett Says CAPITAL ONE: Baker and Grodnick Sue Over Anticompetitive Merger CONCOURSE ANIMAL: Agostini Sues Over Website's Inaccessibility DESTIN FIRE: Hubbard FLSA Suit Removed to N.D. Fla. EVOLVE BANK: Perrier Sues Over Unprotected Personal Info GREYLOCK MCKINNON: Rosen Suit Alleges Unprotected Personal Info J.S. PARTNERSHIP: Brito Sues Over Inaccessible Property LIVE NATION: Brain Suit Alleges Data Security Failure MAYBORN USA: Lopez Sues Over Mislabeled Tommee Tippee Bottles PATELCO CREDIT: Abenoja Sues Over Private Data Breach PELICAN COVE: Braswell Sues Over Alleged Sex Discrimination at Work PSBP INDUSTRIAL: Brito Alleges Commercial Property's Breach of ADA RAWLINGS COMPANY: Dascenzo Suit Removed to N.D. Ohio WESTMONT OPERATOR: Diggs-Harris Sues Over Biometrics Collection ********* 3M COMPANY: Colvin AFFF Suit Removed to N.D. Alabama ---------------------------------------------------- The case styled CHRISTOPHER COLVIN, et al., Plaintiffs v. 3M COMPANY, et al., Defendants, Case No. Case No. 01-CV-2024-902018.00, was removed from the Circuit Court for the Tenth Judicial Circuit, Jefferson County, Alabama, to the U.S. District Court for the Northern District of Alabama on July 22, 2024. The Clerk of Court for the Northern District of Alabama assigned Case No. 2:24-cv-04058-RMG to the proceeding. The case arises from Defendants' conduct in designing, manufacturing, and/or selling aqueous film-forming foams (AFFF) and/or firefighter turnout gear that Plaintiffs allege were used in firefighting activities and caused Plaintiffs' serious medical conditions and complications. Plaintiffs assert claims against all Defendants, including 3M, for negligence, battery, inadequate warning, design defect, strict liability, strict liability, fraudulent concealment, breach of express and implied warranties, and wantonness. Headquartered in Minnesota, 3M Company conducts operations in several markets, including electronics, telecommunications, industrial, consumer and office, health care, 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 COMPANY: Speigner et al. AFFF Suit Removed to N.D. Ala. ---------------------------------------------------------- The case styled GLENN SPEIGNER, et al., Plaintiffs v. 3M COMPANY, et al., Defendants, Case No. 01-CV-2024-902020.00, 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 July 22, 2024. The Clerk of Court for the Northern District of Alabama assigned Case No. 2:24-cv-04057-RMG to the proceeding. The case arises from Defendants' conduct in designing, manufacturing, and/or selling aqueous film-forming foams (AFFF) and/or firefighter turnout gear that Plaintiffs allege were used in firefighting activities and caused serious medical conditions and complications to Plaintiffs. Headquartered in Minnesota, 3M Company conducts operations in several markets, including electronics, telecommunications, industrial, consumer and office, health care, 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 ALKU LLC: Baumgartner Seeks Account Managers' Unpaid Overtime ------------------------------------------------------------- HANS BAUMGARTNER, individually and for others similarly situated v. ALKU, LLC, Case No. 1:24-cv-11876 (D. Mass., July 22, 2024) seeks to recover unpaid overtime wages and other damages from Defendant. According to the complaint, Baumgartner worked for Defendant as an Account Manager from approximately August 2022 through March 2023. Throughout his employment, the Defendant misclassified Baumgartner as exempt and paid him under its uniform salary pay scheme. The Defendant's uniform salary pay scheme violated the Fair Labor Standards Act and Massachusetts Wage and Hour Law by depriving non-exempt employees of overtime wages for their hours worked in excess of 40 a workweek, says the suit. ALKU, LLC consulting services firm headquartered in Andover, MA, with 7 offices nationwide. [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 AMAZON LOGISTICS: Garcia Labor Suit Removed to E.D. Calif. ---------------------------------------------------------- The case styled JANIE DAYANA GARCIA GARCIA, an individual and on behalf of all others similarly situated, Plaintiff, v. ANANE ENTERPRISE LLC; AMAZON LOGISTICS, INC.; AMAZON.COM SERVICES, LLC; AMAZON.COM SERVICES, INC.; and DOES 1 through 100, inclusive, Defendants, Case No. STK-CV-UOE-2024-7156, was removed from the Superior Court of the State of California for the County of San Joaquin, to the U.S. District Court for the Eastern District of California on July 22, 2024. The Clerk of Court for the Eastern District of California assigned Case No. 2:24-at-00927 to the proceeding. The case arises from Defendants' alleged violations of the California Labor Code. Headquartered in Seattle, WA, Amazon Logistics, Inc. provides delivery services. [BN] The Defendants are represented by: Brian D. Fahy, Esq. Eva M. Nofri, Esq. MORGAN, LEWIS & BOCKIUS LLP 300 South Grand Avenue Twenty-Second Floor Los Angeles, CA 90071-3132 Telephone: (213) 612-2500 Facsimile: (213) 612-2501 E-mail: brian.fahy@morganlewis.com eva.nofri@moranlewis.com - and - Sarah Zenewicz, Esq. MORGAN, LEWIS & BOCKIUS LLP One Market Spear Street Tower San Francisco, CA 94105-1596 Telephone: (415) 442-1000 Facsimile: (415) 442-1001 E-mail: sarah.zenewicz@morganlewis.com AT&T INC: Montgomery Balks at Unsecured Sensitive Personal Info --------------------------------------------------------------- Alicia LeDuc Montgomery, individually and on behalf of all others similarly situated, Plaintiff v. AT&T, Inc., Defendant, Case No. 3:24-cv-05581-BAT (W.D. Wash., July 18, 2024) is an action against Defendant for its failure to properly secure and safeguard the sensitive personal information of Plaintiff and all those similarly situated, and seeks monetary damages, restitution, and/or injunctive relief in compensation for that failure. The Plaintiff brings this action against the Defendant on behalf of the victims of a targeted cyberattack on AT&T that was announced on July 12, 2024. The data breach is attributable to AT&T's failure to comply with state and federal laws and requirements as well as industry standards governing the protection of personally identifiable information, says the Plaintiff. As a direct and proximate result of the data breach and subsequent exposure of their personally identifiable information, Plaintiff and Class Members have suffered, and will continue to suffer, damages and economic losses in the form of lost time needed to take appropriate measures to avoid the misuse of their information, potential unauthorized and fraudulent charges, and dealing with spam phone calls, letters, text messages, and emails received as a result of the data breach and the unauthorized disclosure and misuse of their personally identifiable information. AT&T Inc. is an American multinational telecommunications holding company headquartered at Whitacre Tower in Downtown Dallas, Texas.[BN] The Plaintiff is represented by: Benjamin Gould, Esq. Cari Campen Laufenberg, Esq. KELLER ROHRBACK L.L.P. 1201 Third Avenue, Suite 3400 Seattle, WA 98101-3268 Telephone: (206) 623-1900 Facsimile: (206) 623-3384 E-mail: bgould@kellerrohrback.com claufenberg@kellerrohrback.com - and - Christopher Springer, Esq. KELLER ROHRBACK L.L.P. 801 Garden Street, Suite 301 Santa Barbara, CA 93101 Telephone: (805) 456-1496 Facsimile: (805) 456-1497 E-mail: cspringer@kellerrohrback.com - and - Matthew S. Melamed, Esq. KELLER ROHRBACK L.L.P. 180 Grand Avenue, Suite 1380 Oakland, CA 94612 Telephone: (510) 463-3900 Facsimile: (510) 463-3901 E-mail: mmelamed@kellerrohrback.com BROKEN ENGLISH: Website Inaccessible to Blind Users, Trippett Says ------------------------------------------------------------------ ALFRED TRIPPETT, on behalf of himself and all others similarly situated, Plaintiff v. Broken English Designs, LLC, Defendant, Case No. 1:24-cv-05055 (E.D.N.Y., July 22, 2024) arises from Defendant's failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Plaintiff alleges that the Defendant violated the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law by denying blind patrons full and equal access to the facilities, goods, and services that Defendant makes available to the non-disabled public. Broken English Designs specializes in jewelry products including earrings, necklaces, rings, pendants, bracelets. It owns operates the website, https://www.brokenenglishjewelry.com. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd, Suite 404 Manhasset, NY 11030 Telephone: +1 (347) 941-4715 E-mail: Glevyfirm@gmail.com CAPITAL ONE: Baker and Grodnick Sue Over Anticompetitive Merger --------------------------------------------------------------- TYLER BAKER and LORA GRODNICK, each individually and on behalf of all others similarly situated, Plaintiffs v. CAPITAL ONE FINANCIAL CORPORATION and DISCOVER FINANCIAL SERVICES, INC., Defendants, Case No. 1:24-cv-01265 (E.D. Va., July 22, 2024) seeks to enjoin the merger of Capital One and Discover. The Plaintiffs assert that the said merger will lead to a substantial lessening of competition, and attendant harm to consumers like Plaintiffs, in two important U.S. antitrust markets, the General Credit Card Market and the Credit Card Payment Processing Market. Capital One's acquisition of one of the two vertically integrated credit card companies, Discover, will result in less price pressure on Capital One's combined business to remit a higher share of the interchange fees to customers as rewards. Moreover, the Plaintiffs allege that it is illegal under the United States antitrust laws for Capital One to maintain agreements with its direct, horizontal competitors on prices--particularly interchange fees. Headquartered in McClean, VA, Capital One Financial Corporation is a Delaware corporation that offers banking, credit card, auto loans, and other financial services. [BN] The Plaintiffs are represented by: Brian J. Dunne, Esq. Edward M. Grauman, Esq. BATHAEE DUNNE LLP 901 South MoPac Expressway Barton Oaks Plaza I, Suite 300 Austin, TX 78746 Telephone: (213) 462-2772 E-mail: bdunne@bathaeedunne.com egrauman@bathaeedunne.com - and - Andrew M. Williamson, Esq. Yavar Bathaee, Esq. Andrew C. Wolinsky, Esq. BATHAEE DUNNE LLP 445 Park Avenue, 9th Floor New York, NY 10022 Telephone: (332) 322-8835 E-mail: awilliamson@bathaeedunne.com yavar@bathaeedunne.com awolinsky@bathaeedunne.com CONCOURSE ANIMAL: Agostini Sues Over Website's Inaccessibility -------------------------------------------------------------- LUNIQUE AGOSTINI, on behalf of herself and all others similarly situated, Plaintiff v. Concourse Animal Hospital, P.C., Defendant, Case No. 1:24-cv-05514 (S.D.N.Y., July 22, 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. The Plaintiff cannot use a computer without the assistance of screen reader software. Moreover, Plaintiff has been denied the full enjoyment of the facilities, goods and services of Bronxvetcenter.com as a result of accessibility barriers on Bronxvetcenter.com. Accordingly, the Plaintiff 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. Concourse Animal Hospital, P.C., is a New York Professional Corporation headquartered in Bronx, New York. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. 1129 Northern Blvd., Suit 404 Manhasset, NY 11030 Telephone: (347) 941-4715 E-mail: Glevyfirm@gmail.com DESTIN FIRE: Hubbard FLSA Suit Removed to N.D. Fla. --------------------------------------------------- The case styled GARRETT HUBBARD, individually and on behalf of all others similarly situated, Plaintiff v. DESTIN FIRE CONTROL DISTRICT, Defendant, Case No. 2024 CA 001950 F, was removed from the Circuit Court of the First Judicial Circuit in and for Okaloosa County, Florida to the Pensacola Division of the U.S. District Court for the Northern District of Florida on July 22, 2024. The Clerk of Court for the U.S. District Court for the Northern District of Florida assigned Case No.: 3:24-CV-00335-MCR-ZCB to the proceeding. The case arises from Defendant's alleged violations of the Fair Labor Standards Act. Destin Fire Control District is a government agency in charge of fire suppression, emergency medical response, hazardous materials response, fire prevention, and education. [BN] The Defendant is represented by: Michael B. Kelly, Esq. Kayla N. Ryan, Esq. COLE, SCOTT & KISSANE, P.A. 890 South Palafox Street, Ste. 200 Pensacola, FL 32502 Telephone: (850) 483-5900 E-mail: Michael.Kelly@csklegal.com kayla.ryan@csklegal.com zaray.avino@csklegal.com EVOLVE BANK: Perrier Sues Over Unprotected Personal Info -------------------------------------------------------- PATRICE PERRIER, individually and on behalf of all others similarly situated, Plaintiff v. EVOLVE BANK & TRUST, Defendant, Case No. 2:24-cv-02506-JPM-tmp (W.D. Tenn., July 18, 2024) is a class action brought by the Plaintiff, on behalf of herself and over 7.6 million individuals whose personal identifying information, including names, Social Security numbers, bank account numbers, and contact information was accessed and stolen by unauthorized third parties during a data breach of Evolve's network systems, which Evolve states occurred between February 9, 2024 and May 31, 2024. Evolve discovered hackers had gained access to its systems in late May 2024. After Evolve failed to pay a ransom to the LockBit gang, the cybercriminals published 33 terabytes of Plaintiff's and Class Members' compromised data on the Dark Web. Even though cybercriminals breached Defendant's systems in early February 2024, the Defendant claimed they only first detected suspicious activity on their systems over three months later, on May 29, 2024 -- after cybercriminals had spent months stealing consumers' PII from Defendant's unsecured database, says the suit. The Plaintiff seeks damages in an amount to be determined at trial and injunctive relief requiring Evolve to, at minimum: 1) adopt data security practices to reasonably guard against future breaches of PII possessed by Evolve; and 2) provide, at its own expense, all impacted victims with lifetime identity theft protection services. Evolve Bank & Trust is a national financial services institution offering personal banking services, business banking services, open banking, and mortgage services.[BN] The Plaintiff is represented by: William F. Burns, Esq. Frank L. Watson, III, Esq. William E. Routt, III, Esq. WATSON BURNS, PLLC 5865 Ridgeway Center Pkwy. Suite 300 Memphis, TN 38120 Telephone: (901) 529-7996 E-mail: bburns@watsonburns.com fwatson@watsonburns.com wroutt@watsonburns.com - and - James J. Pizzirusso, Esq. Amanda V. Boltax, Esq. HAUSFELD LLP 888 16th Street, N.W., Suite 300 Washington, D.C. 20006 Telephone: (202) 540-7200 Facsimile: (202) 540-7201 E-mail: jpizzirusso@hausfeld.com mboltax@hausfeld.com - and - Steven M. Nathan, Esq. HAUSFELD LLP 33 Whitehall Street, Fourteenth Floor New York, NY 10004 Telephone: (646) 357-1100 Facsimile: (212) 202-4322 E-mail: snathan@hausfeld.com GREYLOCK MCKINNON: Rosen Suit Alleges Unprotected Personal Info --------------------------------------------------------------- MICHAEL ROSEN, on behalf of himself and all others similarly situated, Plaintiff v. GREYLOCK MCKINNON ASSOCIATES, INC., Defendant, Case No. 1:24-cv-11880 (D. Mass., July 22, 2024) arises from Defendant's failure to adequately protect the sensitive personal and confidential information of Plaintiff and similarly situated individuals. This information was compromised in a massive security breach of Greylock's network systems that was publicly disclosed on April 8, 2024. According to a letter sent by Greylock to Plaintiff and other affected individuals, Greylock learned of the Breach on May 30, 2023, approximately eleven months prior to sending notice to those affected. As a result, the Plaintiff and other affected Class members have been deprived of the opportunity to quickly take the necessary measures to protect their private information and minimize potential harm. Accordingly, Plaintiff assert claims for negligence, negligence per se, breach of third-party beneficiary contract, unjust enrichment, and declaratory judgment. Greylock is a consulting firm headquartered in Boston, MA. [BN] The Plaintiff is represented by: Vishal H. Shah, Esq. SHAH LITIGATION, PLLC 867 Boylston St., 5th Fl. #1893 Boston, MA 02116 Telephone: (617) 334-5825 E-mail: vishal@shahlitigation.com - and - Charles J. Kocher, Esq. Tyler J. Burrell, Esq. Gaetano J. DiPersia, Esq. McOMBER McOMBER & LUBER, P.C. 50 Lake Center Drive, Suite 400 Marlton, NJ 08053 Telephone: (856) 985-9800 E-mail: cjk@njlegal.com tjb@njlegal.com gjd@njlegal.com J.S. PARTNERSHIP: Brito Sues Over Inaccessible Property ------------------------------------------------------- Carlos Brito, individually and on behalf of all other similarly situated mobility-impaired individuals v. J.S. PARTNERSHIP, LTD., and EL GAITERO INVESTMENT CORP d/b/a EL GAITERO SUPERMARKET II, Case No. 1:24-cv-23000-XXXX (S.D. Fla., Aug. 6, 2024), is brought for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act ("ADA") as a result of the Defendants' commercial retail plaza (hereinafter the "Commercial Property") being inaccessible to people who are disabled. Although over 30 years have passed since the effective date of Title III of the ADA, Defendants have yet to make their facilities accessible to individuals with disabilities. Congress provided commercial businesses one and a half years to implement the Act. The effective date was January 26, 1992. In spite of this abundant lead-time and the extensive publicity the ADA has received since 1990, Defendants have continued to discriminate against people who are disabled in ways that block them from access and use of Defendants' property and the businesses. The Plaintiff found the Commercial Property, and the business located within the Commercial Property and Restaurant Property to be rife with ADA violations. The Plaintiff encountered architectural barriers at the Commercial Property, Restaurant Property, and businesses located within the Commercial Property and wishes to continue his patronage and use of each of the premises. The Plaintiff has encountered architectural barriers that are in violation of the ADA at the subject Commercial Property, Restaurant Property, and businesses located within the Commercial Property. The barriers to access at the Commercial Property, Restaurant Property, and businesses located within the Commercial Property have each denied or diminished Plaintiff's ability to visit the Commercial Property, Restaurant Property, and businesses located within the Commercial Property, and have endangered his safety in violation of the ADA. The Defendants have discriminated against the individual Plaintiff by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the Commercial Property and business located therein, as prohibited by the ADA, says the complaint. The Plaintiff is a paraplegic (paralyzed from his T-6 vertebrae down) and requires the use of a wheelchair to ambulate. J.S. PARTNERSHIP, LTD., owned and operated a commercial property.[BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, Fl 33134 Phone: (305) 553-3464 Primary Email: bvirues@lawgmp.com Secondary Emails: amejias@lawgmp.com jacosta@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL, 33155 Phone: (305) 350-3103 Primary Email: rdiego@lawgmp.com Secondary Email: ramon@rjdiegolaw.com LIVE NATION: Brain Suit Alleges Data Security Failure ----------------------------------------------------- CHRISTOPHER M. BRAIN, individually and on behalf of all others similarly situated, Plaintiff v. LIVE NATION ENTERTAINMENT, INC., and TICKETMASTER, LLC, Defendants, Case No. 2:24-cv-06125 (C.D. Cal., July 22, 2024) arises from Defendants' failure to secure and safeguard his and approximately 560 million other individuals' personally identifying information. In the early hours of June 27, 2024, Plaintiff received an email from Defendant Ticketmaster notifying him that his PII was exposed in the data breach. The data breach was a direct result of Defendants' failure to implement adequate and reasonable data protection procedures, including vendor management, necessary to protect consumers' PII from a foreseeable and preventable risk of unauthorized disclosure. Accordingly, Plaintiff asserts claims for negligence, negligence per se, breach of fiduciary duty, breach of implied contract, unjust enrichment, and for violations of the United Kingdom's Data Protection Act 2018 and the General Data Protection Regulation. Headquartered in Beverly Hills, CA, Live Nation produces live concerts and offers digital ticketing services for leading arenas, stadiums, professional sports franchises and leagues, college sports teams, performing arts venues, museums, and theaters around the world. [BN] The Plaintiff is represented by: Marc G. Reich, Esq. Adam T. Hoover, Esq. REICH RADCLIFFE & HOOVER LLP 2030 Main Street, Suite 1300 Irvine, CA 92614 Telephone: (949) 975-0512 E-mail: mgr@reichradcliffe.com adhoover@reichradcliffe.com - and - Gregory M. Egleston, Esq. GAINEY MCKENNA & EGLESTON 260 Madison Avenue, 22nd Floor New York, NY 10016 Telephone: (212) 983-1300 E-mail: gegleston@gme-law.com MAYBORN USA: Lopez Sues Over Mislabeled Tommee Tippee Bottles ------------------------------------------------------------- ELVIRA LOPEZ, individually and on behalf of all others similarly situated, Plaintiff v. MAYBORN USA, INC., Defendant, Case No. 3:24-cv-01164-MPS (D. Conn., July 8, 2024) is a class action against the Defendant for unjust enrichment and violations of the California Unfair Competition Law, California False Advertising Law, and California Consumers Legal Remedies Act. This is a class action lawsuit regarding Defendant's manufacturing, distribution, advertising, marketing, labeling, distribution, and sale of its Tommee Tippee branded Bottle Bottles that are sold nationwide and marketed as, among other things, "BPA Free." But for all reasonable consumers, including Plaintiff, these claims are false and misleading because far from being "BPA Free," the products contain considerable amounts of harmful microplastics, says the suit. Because Defendant's false and misleading Representations dupe reasonable consumers into believing the products feature premium attributes (i.e., BPA-Free), Defendant's representations thus dupe reasonable consumers into paying premium prices for the products, even though they do not actually feature the premium attributes for which the consumers, including Plaintiff and class members, pay, the suit asserts. Mayborn USA, Inc., doing business as Tommee Tippee, provides baby products. The Company offers infant and toddler feeding bottles, nipples, sterilizers, thermometers, pacifiers, cups, and bibs. Mayborn USA serves customers in the United States.[BN] The Plaintiff is represented by: James J. Reardon, Esq. REARDON SCANLON LLP 45 South Main Street, 3rd Floor West Hartford, CT 06107 Telephone: (860) 955-9455 E-mail: james.reardon@reardonscanlon.com - and - Kevin Laukaitis, Esq. LAUKAITIS LAW LLC 954 Avenida Ponce DeLeon Suite 205-#10518 San Juan, PR 00907 Telephone: (215) 789-4462 E-mail: klaukaitis@laukaitislaw.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Telephone: (212) 643-0500 E-mail: mreese@reesellp.com PATELCO CREDIT: Abenoja Sues Over Private Data Breach ----------------------------------------------------- DEMETRIO ABENOJA, on behalf of himself and all others who are similarly situated, Plaintiff v. PATELCO CREDIT UNION, Defendant, Case No. 4:24-cv-04422 (N.D. Cal., July 22, 2024) arises out of a recent cyberattack and data breach that resulted in the theft and exfiltration by a known cybercriminal organization who illegally obtained and released the personal data of some Patelco's retail bank customers on the dark web. According to the complaint, Patelco failed to protect the information of Patelco customers who entrusted it with their personally identifiable information. On or about June 29, 2024, Patelco announced, via its website, that Patelco Credit Union experienced a cybersecurity incident that we subsequently confirmed was a ransomware attack. However, its notice lacks sufficient details to put consumers on notice of the threats to their privacy. Accordingly, Plaintiff asserts claims for negligence, negligence per se, breach of implied contract, unjust enrichment, and for violations of California's Unfair Competition Law and California's Consumer Privacy Act. Headquartered in Dublin, CA, Patelco is a non-profit corporation that operates as a credit union. [BN] The Plaintiff is represented by: Sabita J. Soneji, Esq. TYCKO & ZAVAREEI LLP 1970 Broadway, Suite 1070 Oakland, CA 94612 Telephone: (510) 254-6808 E-mail: ssoneji@tzlegal.com PELICAN COVE: Braswell Sues Over Alleged Sex Discrimination at Work ------------------------------------------------------------------- JOSEPH BRASWELL and others similarly situated v. PELICAN COVE GRILL, LLC., Case No. 3:24-cv-429-HTW-LGI (S.D. Miss., July 22, 2024) accuses the Defendant of violating the Title VII of the Civil Rights Act of 1964. Plaintiff Braswell began working for the Defendant as food runner in November 2022. Allegedly, the Defendant discriminated against Plaintiff and others similarly situated by, among other things, denying the to work as servers, failing to hire men in serving roles, and firing or constructively discharging men that would work as servers. Pelican Cove Grill, LLC is a restaurant in Madison County, Mississippi. [BN] The Plaintiff is represented by: Joel F. Dillard, Esq. JOEL F. DILLARD, P.A. Jackson, MS 39202 Telephone: (601) 509-1372, Ext. 2 Facsimile: (601) 509-1372 E-mail: joel@joeldillard.com PSBP INDUSTRIAL: Brito Alleges Commercial Property's Breach of ADA ------------------------------------------------------------------ CARLOS BRITO, Plaintiff v. PSBP INDUSTRIAL LLC and LAS COLUMNAS RESTAURANT CORPORATION d/b/a LAS COLUMNAS RESTAURANT, Defendants, 1:24-cv-22776-XXXX (S.D. Fla., July 22, 2024) is a class action accusing the Defendants of violating the Americans with Disabilities Act. Plaintiff Brito found the commercial property and commercial restaurant business to be rife with ADA violations. Moreover, the architectural barriers of Defendants' commercial property and restaurant business have each denied or diminished Plaintiff's ability to visit the commercial property and have endangered his safety in violation of the ADA, says the suit. PSBP Industrial LLC owns, operates, and oversees the commercial property at 7801 NW 15 Street, Doral, FL. [BN] The Plaintiff is represented by: Anthony J. Perez, Esq. ANTHONY J. PEREZ LAW GROUP, PLLC 7950 W. Flagler Street, Suite 104 Miami, FL 33144 Telephone: (786) 361-9909 Facsimile: (786) 687-0445 E-mail: ajp@ajperezlawgroup.com jr@ajperezlawgroup.com RAWLINGS COMPANY: Dascenzo Suit Removed to N.D. Ohio ---------------------------------------------------- The case styled Jean A. Dascenzo, on behalf of herself and all others similarly situated, Plaintiff v. The Rawlings Company LLC, Defendant, Case No. CV-24-999019, was removed from the Court of Common Pleas, Cuyahoga County, Ohio, to the U.S. District Court for the Northern District of Ohio on July 22, 2024. The Clerk of Court for the Northern District of Ohio assigned Case No. 1:24-cv-01238 to the proceeding. In this suit, the Plaintiff alleges that Rawlings violated Centers for Medicare & Medicaid Services' regulations because, when it asserted an Medicare Secondary Payer (MSP) lien against her personal injury settlement on Aetna's behalf, it failed to subtract Plaintiff's procurement costs from the amount of the lien. Rawlings is a Kentucky limited liability company that provides MSP recovery and subrogation services on behalf of Aetna and other Medicare Advantage Organizations. [BN] The Defendant is represented by: Michael P. Abate, Esq. Michael T. Leigh, Esq. Burt A. (Chuck) Stinson, Esq. KAPLAN JOHNSON ABATE & BIRD LLP 710 West Main Street, 4th Floor Louisville, KY 40202 Telephone: (502) 416-1630 Facsimile: (502) 540-8282 E-mail: mabate@kaplanjohnsonlaw.com mleigh@kaplanjohnsonlaw.com cstinson@kaplanjohnsonlaw.com WESTMONT OPERATOR: Diggs-Harris Sues Over Biometrics Collection --------------------------------------------------------------- AUBRIETTA DIGGS-HARRIS, individually and on behalf of all others similarly situated, Plaintiff v. WESTMONT OPERATOR, LLC D/B/A CORDIA SENIOR RESIDENCE AT WESTMONT, Defendant, Case No. 2024LA000875 (Ill. Cir., DuPage Cty., July 22, 2024) accuses the Defendant of violating the Illinois Biometric Information Privacy Act. The Plaintiff was required to provide--and did in fact provide--biometric scans to Defendant each time Plaintiff clocked in and clocked out of a shift at work. Though the Defendant collected, stored, and used Plaintiff's biometrics for timekeeping and access purposes, Defendant never provided Plaintiff with any written disclosures informing Plaintiff that it was collecting, storing, and using biometrics or explaining the purpose or length of term for which the biometrics were being collected and stored. Defendant never sought, nor has Plaintiff ever provided, any written consent relating to Defendant's collection, use, or storage, or dissemination of the biometrics. Accordingly, the Plaintiff brings this action for statutory damages and other remedies as a result of Defendant's conduct in violating Plaintiffs state biometric privacy rights. Westmont Operator is a for-profit corporation that provides independent and assisted living services throughout the state of Illinois and in DuPage County. [BN] The Plaintiff is represented by: Mark Hammervold, Esq. HAMMERVOLD LAW, LLC 155 S. Lawndale Ave. Elmhurst, IL 60126 Telephone: (405) 509-0372 E-mail: mark@hammervoldlaw.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. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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