/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/240829.mbx C L A S S A C T I O N R E P O R T E R Thursday, August 29, 2024, Vol. 26, No. 174 Headlines 3M COMPANY: Bastek and Bastek Sue Over AFFF's Health Hazards 3M COMPANY: Bialas Sues Over Undisclosed AFFF's Health Hazards 3M COMPANY: Bocco and Bocco Sue Over Unsafe AFFF Products A/C DUCTOLOGIST: Fails to Pay Mechanics' OT Wages Under FLSA AJ INC: Gaudreau Wins Conditional Status Bid AKEELA INC: Fails to Protect Patients' Health Info, McRorie Says ALABAMA: Singleton Alleges Harm From Over-Detention of Prisoners ALIGN TECHNOLOGY: Faces Simon and Simon Antitrust Suit in Calif. ALMAMEX CORP: Faces Cruz Suit Alleging Labor Law Violations AMERICAN WEMPE: Trippett Files ADA Suit in E.D. New York ANTHROPIC PBC: Bartz Sues Over Copyright Infringement AON AFFINITY: Guercia Files Suit in E.D. Washington APPLE COMMUTER: Abuladze Suit Seeks to Certify Class of Workers ASPYR MEDIA: Filing for Class Cert Bid Due Jan. 9, 2025 AT&T INC: Smith Sues Over Unauthorized Access of Private Info AUDUBON FIELD: Hardy Suit Seeks Unpaid Overtime for Inspectors BIMBO BAKERIES: Extension of Class Cert Deadlines Sought BOOT BARN: Dalton Sues Over Blind-Inaccessible Website BURNETT MEDICAL: Prelim. Class Cert Bid in Hicks Reset to Sept. 30 CANDID COLOR: Mayhew Hits Illegal Biometrics Data Collection CARBON CREEK: Colton Seeks Rule 23 Class Certification CARTER'S INC: Advertises False Price Discounts, Ringler Claims CASSAVA SCIENCES: Continues to Defend Securities Class Suit CENTRAL GARDEN: Oldakowski Sues Over Birdseeds' Deceptive Labels CITIBANK NA: De Ioris Files Labor Class Action in N.Y. CLEARONE ADVANTAGE: Robertson Alleges Illegal Telemarketing Calls COREBRIDGE FINANCIAL: Michalik Alleges Breach of Annuity Contracts DAILY GRACE: Website Inaccessible to Blind Users, Slade Says DENVER CHILDREN'S: Underpays House Parents, Murphy Suit Alleges DOMINIUM MANAGEMENT: Penland Sues Over Improper Utility Bills EQUITY TRUST: Short Suit Alleges Breach of Fiduciary Duties ERP OPERATING: Continues to Defend Late Fees Class Suit EVOLVE BANK: Faces Herrera Suit Over Unauthorized Access of Info EVOLVE BANK: Fails to Protect Customers' Personal Info, Sarif Says FGO LLC: Faces Torrez Wage-and-Hour Suit in Calif. Super. FLASHDOT LIMITED: Aids in Cryptocurrency Conversion, Reca Suit Says FORD MOTOR: Nelson Sues Over Defective Ecoboost Engines FORD MOTOR: Nelson Suit Transferred to E.D. California FULL SAIL: Website not Accessible to Blind, Knowles Suit Claims GEICO GENERAL: Appeals E.D.N.Y. Court Ruling in Chick Case GENWORTH FINANCIAL: Data Breach Suit Consolidated GENWORTH FINANCIAL: Securities Suit Over Reinsurance Ongoing GENWORTH LIFE: Faces Consolidated Securities Suit in Massachusetts GENWORTH LIFE: Suit Over Insurance Dispute Ongoing GRIID INFRASTRUCTURE: Cipilinsky Sues Over Invalid Waiver Provision GS OPERATING: Luciano Suit Removed to N.D. California INVOCA INC: Eavesdrops Consumers' Conversations, Busby Suit Alleges J GILBERTS: Fails to Pay Servers' Minimum Wages Under FLSA JERICO PICTURES: Smith Sues Over Failure to Protect Clients' Info JERICO PICTURES: Suhr Sues Over Alleged Private Data Breach JUST MIKE'S: Sekala Seeks to Recover Unpaid Minimum, OT Wages KLAR & CO: Nisimova Sues Over Cosmetics' Collagen Misrepresentation LAUNCH PAD: Faces Hoar Suit Over Automatic Subscription Renewal LIBERTY MUTUAL: Illegally Collects Consumer Debt, Sandford Says LIFEMD INC: Faces Bronstin Suit Over Unwanted Text Message Calls LINCOLN NATIONAL: Settlement Deal in VLF Suit for Court Approval LOS ANGELES, CA: Lee Suit Removed to C.D. California LULULEMON ATHLETICA: Patel Suit Hits Share Price Drop MAJOR LEAGUE: Discloses Video Habits to Meta, Golland Suit Says MARINEMAX INC: Niblock Alleges Insufficient Personal Info Security MDL 3121: Allegiance Health Insurance Suit Moved to N.D. Illinois MENARDS INC: Website Inaccessible to Blind, Frost Suit Alleges MICHAELS STORES: Azizian Alleges Labor Code Violations MITSUBISHI ELECTRIC: Fails to Pay Proper Wages, Thomas Claims MULTIPLAN INC: Hillside Suit Moved From S.D.N.Y. to N.D. Illinois NATERA INC: In-Person Hearing Set for Sept. 19 NEIMAN MARCUS: Sherman Sues Over Compromised Customers' Info NETSPEND HOLDINGS: Uses Trap & Trace Without Consent, Hughes Says NEW FAST EXPERT: Angulo et al. Sue Over Labor Law Breaches NEW YORK DIALYSIS: Underpays Patient Care Technicians, Rosado Says NOAH CLOTHING: Blind Can't Access Online Store, Agnone Suit Claims NORTHERN VALLEY: Thompson Sues Over Unpaid Overtime, Minimum Wages NORTHERNEASTERN LLC: Leatherman Sues Over Property's Access Barrier NORTHROP GRUMMAN: Mclaughlin Files TCPA Suit in S.D. Florida NRT LLC: Bid to Modify Class Definition Denied w/o Prejudice NYCLEANING SOLUTIONS: Faces Ojeda Wage-and-Hour Suit in S.D.N.Y. OMNICORE HEALTH: Suess Files TCPA Suit in S.D. Florida ORTHOFIX MEDICAL: Faces Bernal Suit Over 30% Drop of Stock Price PATELCO CREDIT: Abenoja Sues Over Cyberattack and Data Breach PERMIAN RESOURCES: Short Suit Transferred to D. New Mexico POLLOS MARIO: Fails to Pay Waiters' Proper Wages, Martinez Says PROPER CLOTH: Pollitt Sues Over Blind's Equal Access to Website SAILORMEN INC: Schreiber Sues Over ADA Non-Compliance of Facilities SCIS AIR SECURITY: Torres Suit Removed to C.D. California SEALY INC: Liu Sues Over Unpaid Minimum and Overtime Wages SEAWORLD LLC: Fails to Pay Proper Wages, Frasier Says SEGWAY INC: Website Inaccessible to Blind Users, Calcano Claims SHERWIN WILLIAMS: Teel Suit Removed to E.D. California SNOWFLAKE INC: Riley Files Suit in D. Montana SPECIALITY NETWORKS: Fails to Secure Patients' Info, Cohen Says SPECIALTY NETWORKS: Fails to Safeguard Personal Info, Smith Says SPIRE GLOBAL: Faces Bousso Class Suit Over 33.56% Stock Price Drop SSR MINING: Faces Lindemann Securities Suit in Colorado STONEHENGE HEALTH: Bishop Balks at Blind-Inaccessible Website SUNPOWER CORP: Rodrigues Sues Over Stock's Market Value Decline SWINERTON INC: Faces Schuster ERISA Class Suit in Calif. TALKSPACE NETWORK: Mitchener Alleges Illegal Tiktok Info Collection TAMIAMI SHOPPING: Pardo Balks at Property's Architectural Barriers TATA CONSULTANCY: Terry Sues Over Unfair Practices TIMKEN CO: Landi Suit Removed to N.D. Ill. TOM PRINT: Faces Rodriguez Wage-and-Hour Suit in S.D.N.Y. TRANSWORLD SYSTEMS: Stephens and Rainey Allege Labor Law Breaches TRIANGLE ENTERPRISES: Preslar Sues Over Unpaid Compensations TU CASA: Robles Sues Over Unpaid Wages for Waiters & Retaliation WALMART INC: Myers Sues Over Overcharging Customers on Products WALMART INC: White Suit Removed to E.D. Missouri WELLS FARGO: Varady Hits Unfair Cash Sweep Program ********* 3M COMPANY: Bastek and Bastek Sue Over AFFF's Health Hazards ------------------------------------------------------------ JAMES BASTEK and MICHELLE BASTEK, his wife, Plaintiffs v. 3M COMPANY et al., Defendants, Case No. 2:24-cv-04451-RMG (D.S.C., August 14, 2024) is a class action seeking to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' aqueous film-forming foam (AFFF) products at various locations during the course of his training and firefighting activities. The Defendants collectively designed, marketed, developed, manufactured, distributed, released, trained users, produced instructional materials, promoted, sold, and/or otherwise released into the stream of commerce AFFF with knowledge that it contained highly toxic and bio-persistent per and polyfluoroalkyl substances (PFASs), which would expose end users of the product to the risks associated with PFAS. Plaintiff, James Bastek, was unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. However, the Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop serious medical conditions and complications, says the suit. Headquartered in St. Paul, MN, 3M Company does business in the fields of industry, worker safety, healthcare, and consumer goods. [BN] The Plaintiffs are represented by: Stephen T. Sullivan, Jr. John E. Keefe, Jr. KEEFE LAW FIRM, LLC 2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623 Red Bank, NJ 07701 Telephone: (732) 224-9400 Facsimile: (732) 224-9494 3M COMPANY: Bialas Sues Over Undisclosed AFFF's Health Hazards -------------------------------------------------------------- DAVID BIALAS, Plaintiff v. 3M COMPANY, et al., Defendants, Case No. 2:24-cv-04441-RMG (D.S.C., August 14, 2024) is a class action seeking to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants’ aqueous film-forming foam (AFFF) products at various locations during the course of his training and firefighting activities. According to the complaint, the Defendants did not warn public entities, firefighter trainees who they knew would foreseeably come into contact with their AFFF products, or firefighters employed by either civilian and/or military employers that use of and/or exposure to Defendants' AFFF products containing PFAS and/or its precursors would pose a danger to human health. As a result, the Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiff to develop serious medical conditions and complications, says the suit. Headquartered in St. Paul, MN, 3M Company operates businesses in electronics, telecommunications, industrial, consumer and office, health care, safety, and other markets. [BN] The Plaintiff is represented by: Stephen T. Sullivan, Jr. John E. Keefe, Jr. KEEFE LAW FIRM, LLC 2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623 Red Bank, NJ 07701 Telephone: (732) 224-9400 Facsimile: (732) 224-9494 3M COMPANY: Bocco and Bocco Sue Over Unsafe AFFF Products --------------------------------------------------------- SHANE BOCCO and LAUNA BOCCO, his wife, Plaintiffs v. 3M COMPANY, et al., Defendants, Case No. 2:24-cv-04452-RMG (D.S.C., August 14, 2024) is a class action seeking to recover damages for personal injuries resulting from exposure to aqueous film-forming foams (AFFF) containing the toxic chemicals collectively known as per and polyfluoroalkyl substances (PFAS). The Plaintiffs were unaware of the dangerous properties of the Defendants' AFFF products and relied on the Defendants' instructions as to the proper handling of the products. As a result, Plaintiffs' consumption, inhalation and/or dermal absorption of PFAS from Defendant's AFFF products caused Plaintiffs to develop serious medical conditions and complications. Accordingly, the Plaintiffs seek to recover compensatory and punitive damages arising out of the permanent and significant damages sustained as a direct result of exposure to Defendants' AFFF products at various locations during the course of his training and firefighting activities. Plaintiffs further seeks injunctive equitable, and declaratory relief arising from the same. The Plaintiffs also assert several claims for, among other things, negligence, battery, inadequate warning, and design defect. Headquartered in St. Paul, MN, the 3M Company operates businesses in electronics, telecommunications, industrial, consumer and office, health care, safety, and other markets. [BN] The Plaintiffs are represented by: Stephen T. Sullivan, Jr. John E. Keefe, Jr. KEEFE LAW FIRM, LLC 2 Bridge Ave, Bldg 6, 2nd Fl, Suite 623 Red Bank, NJ 07701 Telephone: (732) 224-9400 Facsimile: (732) 224-9494 A/C DUCTOLOGIST: Fails to Pay Mechanics' OT Wages Under FLSA ------------------------------------------------------------ JOSE JULIAN CASTRO TABIMA v. THE A/C DUCTOLOGIST, LLC, and THOMAS MOURADIAN, Case No. 0:24-cv-61523 (D. Fla., Aug. 20, 2024) seeks to recover unpaid overtime wages under the Fair Labor Standards Act. The Plaintiff was paid $27.00 per hour. Throughout the Plaintiff's employment with the Defendant, he worked approximately 46 hours per week, but was not compensated at 1.5 times the hourly rate for all overtime worked. In addition, after the Plaintiff complained about the unpaid overtime, he was terminated, the suit asserts. The Plaintiff and those similarly situated also seek to recover liquidated damages, costs, and reasonable attorneys' fees under the provisions of 29 U.S.C. section 201 et seq., and specifically under the provisions of 29 U.S.C. section 207. The Plaintiff was employed by the Defendant as Heating Ventilating and Air Conditioning mechanic from December 2023 until his wrongful termination on May 3, 2024. A/C Ductologist is a construction company based in Fort Lauderdale, and specializes in HVAC.[BN] The Plaintiff is represented by: Julisse Jimenez, Esq. THE SAENZ LAW FIRM, P.A. 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 482-1475 E-mail: julisse@legalopinionusa.com AJ INC: Gaudreau Wins Conditional Status Bid -------------------------------------------- In the class action lawsuit captioned as MATTHEW B. GAUDREAU, individually and on behalf of all others similarly situated, v. AJ, INC. d/b/a SUSHI O SUSHI, et. al., Case No. 1:23-cv-02202-MDB (D. Colo.), the Hon. Judge Maritza Dominguez Braswell entered an order granting the Plaintiff's unopposed motion for conditional certification of 29 U.S.C. section 216(b) Opt-in collective action. The Plaintiff's Count I claims under the Fair Labor Standards Act are conditionally certified to proceed as a "collective action" under 29 U.S.C. § 216(b), with the class defined as proposed by the Plaintiff: "All non-managerial employees paid a salary for work performed at Sushi O Sushi at any time between Aug. 28, 2021 and the present." All such individuals will be notified of their right to opt-in to this litigation. Sushi O Sushi is a solid Japanese restaurant. A copy of the Court's order dated Aug. 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=PMa407 at no extra charge.[CC] AKEELA INC: Fails to Protect Patients' Health Info, McRorie Says ---------------------------------------------------------------- JESSICA MCRORIE, individually and on behalf of all others similarly situated, Plaintiff v. AKEELA, INC., Defendant, Case No. 3:24-cv-00174 (D. Alaska, August 8, 2024) is a class action against Defendant for its failure to properly secure and safeguard Plaintiff's and Class Members' sensitive personal health information and personal identifiable information, which, as a result, is in criminal cyberthieves' possession. According to the complaint, in June 2023, criminal hackers accessed Defendant's network systems and stole Plaintiff's and Class Members' private information stored therein, including their names, dates of birth, Social Security numbers, and medical diagnosis and treatment information, causing widespread injuries to Plaintiff and Class Members. The Plaintiff and Class Members are current and former patients of Defendant who, in order to obtain services from Defendant, were and are required to entrust Defendant with their sensitive, non-public private information. They seek compensatory damages, declaratory judgment, and injunctive relief requiring Defendant to (a) disclose, expeditiously, the full nature of the data breach and the types of private information exposed; (b) implement improved data security practices to reasonably guard against future breaches of private information in Defendant's possession; and (c) provide, at Defendant's own expense, all impacted data breach victims with lifetime identity theft protection services. Akeela, Inc. is a healthcare provider of behavioral and mental health services in residential and outpatient settings throughout Alaska.[BN] The Plaintiff is represented by: Joshua B. Cooley, Esq. Katherine Elsner, Esq. EHRHARDT, ELSNER & COOLEY 215 Fidalgo Ave, Suite 201 Kenai, AK 99611 Telephone: (907) 283-2876 Facsimile: (907) 283-2896 E-mail: josh@907legal.com katie@907legal.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd, Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 332-4200 E-mail: ostrow@kolawyers.com - and - Gary M. Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 E-mail: gklinger@milberg.com ALABAMA: Singleton Alleges Harm From Over-Detention of Prisoners ---------------------------------------------------------------- Derrick Singleton; Ray Traylor; and Deandra Whitehead, on behalf of themselves and all similarly situated individuals, Plaintiffs v. John Q. Hamm, in his individual capacity; Gregory Lovelace, in his individual capacity; Alcornelia Terry, in his individual capacity; Jefferson Dunn, in his individual capacity; Cam Ward, in his individual capacity; Leigh Gwathney, in her individual capacity; Darryl Littleton, in his individual capacity; Gabrelle Simmons, in her individual capacity; Kim Davidson, in her individual capacity; and Dwayne Spurlock, in his individual capacity, Defendants, Case No. 5:24-cv-01081-LCB (N.D. Ala., August 8, 2024) is a class action against the Defendants, previously of the Alabama Department of Corrections and the Bureau of Pardons and Paroles, for alleged risks and harms that Defendants caused Plaintiffs and members of the putative Class. According to the complaint, every year, the Alabama Department of Corrections and the Alabama Bureau of Pardons and Paroles cause thousands of Alabamians to be imprisoned beyond their legally mandated release dates. The Department maintains policies that treat individuals as eligible for mandatory release, not entitled to it, and the Bureau maintains policies that interpret the Board's directive to supervise individuals on mandatory release as elective, not obligatory. Despite their knowledge of this widespread overdetention, the Department and the Bureau have not adjusted their policies and practices to reduce the rates of overdetention in the eight years since the Alabama's Mandatory Release Law went into effect. Instead, they continue to interpret the law's directives as mere suggestions and to treat mandatory release as discretionary. Their conduct knowingly and systematically violates Alabamians' constitutional rights under the Eighth and Fourteenth Amendments to the Constitution of the United States, as well as state law, alleges the suit. All three Named plaintiffs were allegedly held in the custody of the Department past their legally mandated release dates. Alabama Department of Corrections is the agency responsible for incarceration of convicted felons.[BN] The Plaintiffs are represented by: Joseph Mitchell McGuire, Esq. Susanne Cordner, Esq. MCGUIRE & ASSOCIATES 31 Clayton Street Montgomery, AL 36104 Telephone: (334) 517-1000 Facsimile: (334) 517-1327 E-mail: jmcguire@mandabusinesslaw.com scordner@mandabusinesslaw.com - and - Bridget Geraghty, Esq. Sana Naqvi, Esq. RODERICK & SOLANGE MACARTHUR JUSTICE CENTER 160 East Grand Avenue, 6th Floor Chicago, IL 60611 Telephone: (312) 503-0962 Facsimile: (312) 503-0891 E-mail: bridget.geraghty@macarthurjustice.org sana.naqvi@macarthurjustice.org - and - Stacey K. Grisby, Esq. COVINGTON & BURLING LLP 850 Tenth Street NW Washington, DC 20001 Telephone: (202) 662-6000 E-mail: sgrigsby@cov.com - and - Robert Gianchetti, Esq. COVINGTON & BURLING LLP The New York Times Building 610 Eighth Avenue New York, NY 10018 Telephone: (212) 841-1000 E-mail: rgianchetti@cov.com - and - J. Patrick McNichol, Esq. KELLY GUZZO, PLC 3925 Chain Bridge Road, Suite 202 Fairfax, VA 22030 Telephone: (703) 424-7572 Facsimile: (703) 591-0167 E-mail: pat@kellyguzzo.com ALIGN TECHNOLOGY: Faces Simon and Simon Antitrust Suit in Calif. ---------------------------------------------------------------- Align Technology, Inc. disclosed in its Form 10-Q report for the quarterly period ended September 30, 2023, filed with the Securities and Exchange Commission on November 3, 2023, that it is facing an antitrust suit filed on June 5, 2020 by a dental practice named Simon and Simon, PC in the U.S. District Court for the Northern District of California on behalf of itself and a putative class of similarly situated practices seeking monetary damages and injunctive relief relating to its alleged market activities in alleged clear aligner and intraoral scanner markets. Plaintiff filed an amended complaint and added VIP Dental Spas as a plaintiff on August 14, 2020. On February 21, 2024, the court granted Align's motion for summary judgment on all claims brought by the plaintiffs. The court entered judgment on March 22, 2024. Plaintiffs have appealed the district court's summary judgment ruling to the United States Court of Appeals for the Ninth Circuit. Plaintiff-Appellants' opening brief was filed July 15, 2024. Align's response brief is due September 27, 2024 and Plaintiff-Appellants' reply brief is due October 18, 2024. Align Technology is an American manufacturer of 3D digital scanners and Invisalign clear aligners used in orthodontics. ALMAMEX CORP: Faces Cruz Suit Alleging Labor Law Violations ----------------------------------------------------------- MANUELA CRUZ, on behalf of herself and all others similarly situated, Plaintiff v. ALMAMEX CORP. d/b/a GABYS CAFE, ALICIA MENDOZA and DELFINO MENDOZA, Defendants, Case No. 7:24-cv-06197-KMK (S.D.N.Y., August 15, 2024) arises from the Defendants' alleged violations of the Fair Labor Standards Act, the New York Labor Law, and the New York State Human Rights Law. During the course of Plaintiff's employment, the Defendants engaged in a variety of legal violations, says the suit. The Defendants failed to pay Plaintiff at least the applicable minimum wage rate for up to 40 hours per week, failed to pay overtime pay at one and a half times the minimum wage when she worked more than 40 hours in a week, cheated Plaintiff out of cash tips, failed to pay "spread of hours" compensation when Plaintiff worked more than 10 hours in day, and failed to provide Plaintiff with a wage notice and accurate paystubs. The Defendants also subjected Plaintiff to age-related harassment and a discriminatory workplace environment, including consistent disparaging insults and, ultimately, retaliatory termination for having availed herself of sick leave, says the suit. The Plaintiff was employed by Defendants as a waitress from approximately 2015 until September 24, 2023. Almamex Corp., d/b/a Gabys Café, is an enterprise engaged in the business of operating a Mexican restaurant.[BN] The Plaintiff is represented by: Maureen Hussain, Esq. Cristina Brito, Esq. WORKER JUSTICE CENTER OF NEW YORK 245 Saw Mill River Road, Suite 106 Hawthorne, NY 10532 Telephone: (845) 331-6615 E-mail: mhussain@wjcny.org cbrito@wjcny.org AMERICAN WEMPE: Trippett Files ADA Suit in E.D. New York -------------------------------------------------------- A class action lawsuit has been filed against American Wempe Corporation. The case is styled as Alfred Trippett, on behalf of himself and all others similarly situated v. American Wempe Corporation, Case No. 1:24-cv-05763 (E.D.N.Y., Aug. 19, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act.. American Wempe Corporation, doing business as Rolex -- https://www.rolex.com/ -- manufactures hand accessories. [BN] The Plaintiff appears pro se. ANTHROPIC PBC: Bartz Sues Over Copyright Infringement ----------------------------------------------------- Andrea Bartz, Charles Graeber, and Kirk Wallace Johnson, individually and on behalf of others similarly situated v. ANTHROPIC PBC, Case No. 3:24-cv-05417 (N.D. Cal., Aug. 19, 2024), is brought under the Copyright Act to redress the harm caused by Anthropic's brazen infringement. Anthropic has built a multibillion-dollar business by stealing hundreds of thousands of copyrighted books. Rather than obtaining permission and paying a fair price for the creations it exploits, Anthropic pirated them. Authors spend years conceiving, writing, and pursuing publication of their copyrighted material. The United States Constitution recognizes the fundamental principle that creators deserve compensation for their work. Yet Anthropic ignored copyright protections. An essential component of Anthropic's business model--and its flagship "Claude" family of large language models (or "LLMs")—is the largescale theft of copyrighted works. Anthropic downloaded known pirated versions of Plaintiffs' works, made copies of them, and fed these pirated copies into its models. Anthropic took these drastic steps to help computer algorithms generate human-like text responses. Anthropic has not even attempted to compensate Plaintiffs for the use of their material. In fact, Anthropic has taken multiple steps to hide the full extent of its copyright theft. Copyright law prohibits what Anthropic has done here: downloading and copying hundreds of thousands of copyrighted books taken from pirated and illegal websites, says the complaint. The Plaintiffs are authors of an array of works of fiction and nonfiction. Anthropic was founded in January 2021 by seven former OpenAI employees, including current Chief Executive Officer Dario Amodei and President Daniela Amode.[BN] The Plaintiffs are represented by: Justin A. Nelson, Esq. Alejandra C. Salinas, Esq. SUSMAN GODFREY L.L.P 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Phone: (713) 651-9366 Email: jnelson@susmangodfrey.com asalinas@susmangodfrey.com - and - Rohit D. Nath, Esq. SUSMAN GODFREY L.L.P 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067-2906 Phone: (310) 789-3100 Email: RNath@susmangodfrey.com - and - J. Craig Smyser, Esq. SUSMAN GODFREY L.L.P One Manhattan West, 51st Floor, New York, NY 10019 Phone: (212) 336-8330 Facsimile: (212) 336-8340 Email: csmyser@susmangodfrey.com - and - Jordan W. Connors, Esq. SUSMAN GODFREY L.L.P 401 Union Street, Suite 3000 Seattle, WA 98101 Phone: (206) 516-3880 Email: jconnors@susmangodfrey.com - and - Rachel Geman, Esq. Wesley Dozier, Esq. Anna Freymann, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Phone: (212) 355-9500 Email: rgeman@lchb.com wdozier@lchb.com afreymann@lchb.com - and - Reilly T. Stoler, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Phone: (415) 956-1000 Email: rstoler@lchb.com AON AFFINITY: Guercia Files Suit in E.D. Washington --------------------------------------------------- A class action lawsuit has been filed against AON Affinity Insurance Services Inc., et al. The case is styled as Joan Guercia, individually and on behalf of all others similarly situated v. AON Affinity Insurance Services Inc., Affinity Insurance Services Inc, AIS Affinity Insurance Agency Inc., Nationwide Mutual Insurance Company, Case No. 4:24-cv-05088-MKD (E.D. Wash., July 24, 2024). The nature of suit is stated as Other Fraud. Aon Affinity -- https://www.affinitycommercialsolutions.com/ -- specializes in developing, marketing and administering customized insurance programs and specialty market solutions.[BN] The Plaintiff is represented by: Wright A Noel, Esq. CARSON & NOEL PLLC 20 Sixth Avenue NE Issaquah, WA 98027 Phone: (425) 395-7786 Fax: (425) 837-5396 Email: wright@carsonnoel.com APPLE COMMUTER: Abuladze Suit Seeks to Certify Class of Workers --------------------------------------------------------------- In the class action lawsuit captioned as KAKHA ABULADZE, et al., v. APPLE COMMUTER INC., et al. Case No. 1:22-cv-08684-MMG-RFT (S.D.N.Y.), the Plaintiffs move the Court to enter an order: (1) certifying a Class defined as: "all concierge workers of Defendants with similar compensation structures and who are or were employed by Defendants on or after Aug. 23, 2015"; (2) appointing Natia Duduchava and Tamar Zabakhidze as Class Representatives; (3) appointing Plaintiffs' counsel as Class Counsel; and (4) directing Apple Defendants to produce to Plaintiffs a Microsoft Excel list, in electronic format, of all Class Members' names, last known address, all known telephone numbers, dates of employment, and job titles; and authorize the mailing of the proposed Notice to all Class Members. A copy of the Plaintiffs' motion dated Aug. 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=E7oCCb at no extra charge.[CC] The Plaintiffs are represented by: Vano I. Haroutunian, Esq. Alyssa N. Grzesh, Esq. BALLON STOLL P.C. 810 Seventh Avenue, Suite 405 New York, NY 10019 Telephone: (212) 575-790 ASPYR MEDIA: Filing for Class Cert Bid Due Jan. 9, 2025 ------------------------------------------------------- In the class action lawsuit captioned as Malachi Mickelonis v. Aspyr Media, Inc., et al., Case No. 8:23-cv-01220 (C.D. Cal., Filed July 8, 2023), the Hon. Judge Fred W. Slaughter entered an order modifying scheduling order as follows: -- Jury Trial set for: July 29, 2025 -- Final Pretrial Conference and Hearing June 12, 2025 on Motions in Limine set for: -- Last Date to File Motion for Class Jan. 9, 2025 Certification: -- Last Date to Hear Motion to Amend July 18, 2024 Pleadings /Add Parties: -- Non-Expert Discovery Cut-Off: Nov. 14. 2024 -- Last Date to Hear Motions: Feb. 20, 2025 -- Deadline to Complete Settlement March 6, 2025 Conference: -- Motions in Limine with Proposed April 24, 2025 Orders: -- Joint Proposed Final Pretrial May 1, 2025 Conference Order: The nature of suit states Torts -- Personal Property -- Other Fraud. Aspyr is an American video game developer and publisher founded by Michael Rogers and Ted Staloch in Austin, Texas.[CC] AT&T INC: Smith Sues Over Unauthorized Access of Private Info ------------------------------------------------------------- ALISA SMITH, on behalf of herself and all others similarly situated, Plaintiffs v. AT&T, INC., Defendants, Case No. 3:24-cv-02087-E (N.D. Tex., August 15, 2024) arises out of AT&T's failure to secure its customers' sensitive personal information. In April 2024, AT&T discovered a third party or third parties accessed and captured the private information of approximately 110 million AT&T customers. However, AT&T waited until July 12, 2024 to publicly disclose the data breach and to begin notifying its affected customers. Accordingly, Plaintiff Smith brings causes of action for breach of contract and negligence. The Plaintiff also brings this action on behalf of a subclass of consumers residing in California for violations of California's Customer Records Act and California's Unfair Competition Law. Headquartered in Dallas, TX, AT&T is a multinational telecommunications company that provides a wide range of services including landline telephone, mobile telephone, broadband internet, and television services. [BN] The Plaintiff is represented by: Barry Barnett, Esq. SUSMAN GODFREY L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002-5096 Telephone: (713) 651-9366 Facsimile: (713) 654-6666 E-mail: bbarnett@susmangodfrey.com - and - Krysta K. Pachman, Esq. Michael Gervais, Esq. 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Telephone: (310) 789-3100 Facsimile: (310) 789-3150 E-mail: kpachman@susmangodfrey.com mgervais@susmangodfrey.com AUDUBON FIELD: Hardy Suit Seeks Unpaid Overtime for Inspectors -------------------------------------------------------------- JOSHUA HARDY, on behalf himself and of all others similarly situated, Plaintiff v. AUDUBON FIELD SOLUTIONS, LLC and AUDUBON ENGINEERING COMPANY, LLC, Defendants, Case No. 1:24-cv-00826 (D.N.M., August 20, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and New Mexico Minimum Wage Act. Mr. Hardy was employed by the Defendants as an inspector in Texas and New Mexico from approximately June 2022 through March 2024. Audubon Field Solutions, LLC is a provider of integrated engineering, construction, fabrication, and technical services, headquartered in Metairie, Louisiana. Audubon Engineering Company, LLC is a provider of integrated engineering, construction, fabrication, and technical services, headquartered in Metairie, Louisiana. [BN] The Plaintiff is represented by: 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 Email: 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 Email: rburch@brucknerburch.com BIMBO BAKERIES: Extension of Class Cert Deadlines Sought -------------------------------------------------------- In the class action lawsuit captioned as DIXIE ELLISON-ROBBINS, individually and on behalf of all others similarly situated, v. BIMBO BAKERIES USA, INC., Case No. 4:23-cv-00232-SEP (E.D. Mo.), the Parties ask the Court to enter an order extending the expert discovery and class certification deadlines as follows: a. Deadline for Plaintiff's Expert Disclosures and Class Certification Motion: 90 days after the Motion to Dismiss is Resolved b. Deadline for Plaintiff's Expert's Deposition, Defendant's Expert Disclosures and Opposition to Class Certification: 120 days after the Motion to Dismiss is resolved.. c. Deadline for Defendant’s Expert's Deposition and Plaintiff's reply: 140 days after the Motion to Dismiss is resolved. d. Deadline for completing discovery: 240 days after the Motion to Dismiss is resolved The Parties have conferred and agree that expert discovery and class certification will be most productive following a decision on Defendant's Motion to Dismiss. On Oct. 12, 2023, the Court issued the Case Management Order. The Case Management Order requires the Plaintiff to file any motion for class certification no later than Sept. 20, 2024, Defendant to respond in opposition by Oct. 18, 2024, and Plaintiff to reply by Nov. 1, 2024. On July 3, 2023, the Defendant filed a Motion to Dismiss that, if granted, would fully resolve this matter. On Feb. 22, 2024, the Court heard argument on the Motion to Dismiss and thereafter granted it in part, dismissing Counts II, III, and VI, while reserving ruling on Counts I, IV, and V. Bimbo is the American corporate arm of the Mexican multinational bakery product manufacturing company Grupo Bimbo. A copy of the Parties' motion dated Aug. 14, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=TH9xrk at no extra charge.[CC] The Plaintiff is represented by: Daniel F. Harvath, Esg. HARVATH LAW GROUP, LLC 75 W Lockwood Ave Ste 1 Webster Grooves, MO 631119 Telephone: (314) 550-3717 E-mail: dharvath@harvathlawgroup.com The Defendant is represented by: August T. Horvath, Esq. FOLEY HOAG LLP 1301 Sixth Ave, 25th Fl New York, NY 10019 Telephone: (212) 812-0344 E-mail: ahorvath@foleyhoag.com - and - C. David Goerisch, Esq. Michael L. Jente, Esq. LEWIS RICE LLC 600 Washington Ave, Ste 2500 St. Louis, MO 63101 Telephone: (314) 444-7600 E-mail: dgoerisch@lewisrice.com mjente@lewisrice.com BOOT BARN: Dalton Sues Over Blind-Inaccessible Website ------------------------------------------------------ Julie Dalton, individually and on behalf of all others similarly situated v. Boot Barn Incorporated, Case No. 0:24-cv-03324 (D. Minn., Aug. 19, 2024), is brought arising because Defendant's Website (www.bootbarn.com) (the "Website" or "Defendant's Website") is not fully and equally accessible to people who are blind or who have low vision in violation of both the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the Americans with Disabilities Act (the "ADA") and its implementing regulations. In addition to her claim under the ADA, Plaintiff also asserts a companion cause of action under the Minnesota Human Rights Act (MHRA). The Defendant owns, operates, and/or controls its Website and is responsible for the policies, practices, and procedures concerning the Website's development and maintenance. As a consequence of her experience visiting Defendant's Website, including in the past year, and from investigation performed on her behalf, Plaintiff found Defendant's Website has a number of digital barriers that deny screen-reader users like Plaintiff full and equal access to important Website content--Defendant makes available to its sighted Website users. Still, Plaintiff would like to, intends to, and will attempt to access Defendant's Website in the future to browse, research, or shop online and purchase the products and services that Defendant offers. The Defendant's policies regarding the maintenance and operation of its Website fail to ensure its Website is fully accessible to, and independently usable by, individuals with vision-related disabilities. The Plaintiff and the putative class have been, and in the absence of injunctive relief will continue to be, injured, and discriminated against by Defendant's failure to provide its online Website content and services in a manner that is compatible with screen reader technology, says the complaint. The Plaintiff is and has been legally blind. The Defendant offers boots, clothing, and accessories for sale including, but not limited to, cowboy boots, work boots, hats, jeans, belts, wedding attire, and more.[BN] The Plaintiff is represented by: Patrick W. Michenfelder, Esq. Chad A. Throndset, Esq. Jason Gustafson, Esq. THRONDSET MICHENFELDER, LLC Jason Gustafson (#0403297) 222 South Ninth Street, Suite 1600 Minneapolis, MN 55402 Phone: (763) 515-6110 Email: pat@throndsetlaw.com chad@throndsetlaw.com jason@throndsetlaw.com BURNETT MEDICAL: Prelim. Class Cert Bid in Hicks Reset to Sept. 30 ------------------------------------------------------------------ In the class action lawsuit captioned as Linae Hicks v. Burnett Medical Center, Inc., Case No. 3:24-cv-00063 (W.D. Wisc., Filed Jan. 25, 2024), the Hon. Judge William M. Conley entered an order that the deadline for any motion for preliminary class certification is reset to Sept. 30, 2024. -- All other deadlines remain in place. The suit alleges violation of the Fair Labor Standards Act (FLSA) involving collecting unpaid wages. Burnett Medical offers general, specialty, and emergency medical care in inpatient and outpatient settings.[CC] CANDID COLOR: Mayhew Hits Illegal Biometrics Data Collection ------------------------------------------------------------ SPENCER MAYHEW and ROSALIE NOREN, individually and behalf on all others similarly situated, Plaintiffs v. CANDID COLOR SYSTEMS, INC., an Oklahoma corporation, Defendant, Case No. 5:24-cv-00814-JD (W.D. Okla., August 8, 2024) is a class action for damages arising from Defendant's violations of the Illinois Biometric Information Privacy Act. According to the complaint, the Defendant has violated BIPA by illegally collecting and using Plaintiffs' biometric identifiers and biometric information without informed written consent, and are understood to have done the same to countless other similarly situated individuals. The Plaintiffs and the Class members are aggrieved by Defendant's possession of their biometrics without developing or complying with a publicly-available written policy consistent with the requirements of BIPA, says the suit. Candid Color owns the trademark for and sometimes does business as "Grad Photo Network." Candid Color represents that Grad Photo Network is "the largest network of professional photographers for graduation and commencement ceremonies." Kabance Photo Services, Inc. is a photography company that is part of the Grad Photo Network. Photos that Kabance takes as part of the Grad Photo Network, including those of Plaintiffs, are made available for sale on the Grad Photo Network Website.[BN] The Plaintiffs are represented by: Larry A. Tawwater, Esq. Darren M. Tawwater, Esq. B. Adam Myers, Esq. THE TAWWATER LAW FIRM, P.L.L.C. 14001 Quail Springs Parkway Oklahoma City, OK 73134 Telephone: (405) 607-1400 Facsimile: (405) 607-1450 E-mail: lat@tawlaw.com dtaw@tawlaw.com adam@tawlaw.com - and - John J. Driscoll, Esq. THE DRISCOLL FIRM, LLC 1311 Avenida Juan Ponce de Leon, Ste. 501 San Juan, PR 00907 Telephone: (314) 222-2605 Facsimile: (314) 932-3233 E-mail: john@jjlegal.com - and - Matthew J. Limoli, Esq. THE DRISCOLL FIRM, P.C. 301 Fayetteville Street, Ste. 1825 Raleigh, NC 27601 Telephone: (919) 582-6516 Facsimile: (314) 932-3233 E-mail: matthew@thedriscollfirm.com CARBON CREEK: Colton Seeks Rule 23 Class Certification ------------------------------------------------------ In the class action lawsuit captioned as GREGG B. COLTON, on behalf of himself and a class of similarly situated persons, v. CARBON CREEK ENERGY, LLC, Case No. 2:22-cv-00150-ABJ (W. Wyo.), the Hon. Judge Alan Johnson entered an order: -- granting Plaintiff's Motion for Class Certification, albeit with the Court's revisions to Class definition. The Plaintiffs amended Class is certified under Fed. R. Civ. P. 23(b)(3) for the alleged violations of the Wyoming Royalty Payment Act (WRPA) against the Defendant; -- appointing Plaintiff Gregg B. Colton as the Class representative; -- appointing George A. Barton as lead Class counsel. The Court finds that the Plaintiff has satisfied each Rule 23(a) prerequisite (numerosity, commonality, typicality, and adequate representation) and the additional Rule 23(b)(3) requirements (predominance and superiority). However, the Plaintiff's proposed Class definition must be amended to maintain commonality to include the $100 threshold requirement and twelve-month period under Wyo. The Plaintiff seeks to maintain a class action against Carbon Creek, alleging violation of the WRPA by: (1) repeatedly failing to timely pay the Plaintiff and others similarly situated their share of proceeds from the sale of oil, gas, or related hydrocarbons from wells operated by Carbon Creek; and (2) failing to calculate or include a statutorily prescribed eighteen percent per annum interest upon such late payments. Carbon Creek is a manufacturer of natural gas for commercial and industrial. A copy of the Court's order dated Aug. 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=OJeopV at no extra charge.[CC] CARTER'S INC: Advertises False Price Discounts, Ringler Claims -------------------------------------------------------------- ADINA RINGLER, on behalf of herself and all others similarly situated, Plaintiff v. CARTER'S, INC., and DOES 1-50, inclusive, Defendants, Case No. 2:24-cv-06878 (C.D. Cal., August 14, 2024) is a class action brought by the Plaintiff, on behalf of herself and other similarly situated consumers who have purchased one or more of Defendant's items advertised at a purported discount from a fictitious higher reference price from a Carter's store and/or its website, carters.com, in violation of the California's Unfair Competition Law, False Advertising Law, and Consumers Legal Remedies Act. The Plaintiff intends to halt the dissemination and perpetuation of this false, misleading, and deceptive pricing scheme, to correct the false and harmful perception it has created in the minds of consumers, and to obtain redress for those who overpaid for merchandise tainted by this deceptive pricing scheme. The Plaintiff also seeks to permanently enjoin Defendant from engaging in this unlawful conduct. Further, Plaintiff seeks to obtain all applicable restitution, reasonable costs and attorney's fees, and other appropriate relief in the amount by which Defendant was unjustly enriched as a result of their sales of merchandise offered at a false discount. Carter's, Inc. is a major American designer and marketer of children's apparel.[BN] The Plaintiff is represented by: Todd D. Carpenter, Esq. Matthew J. Zevin, Esq. Scott G. Braden, Esq. James B. Drimmer, Esq. LYNCH CARPENTER LLP 1234 Camino Del Mar Del Mar, CA 92014 Telephone: (619) 762-1900 Facsimile: (858) 313-1850 E-mail: todd@lcllp.com mattz@lcllp.com scott@lcllp.com jim@lcllp.com CASSAVA SCIENCES: Continues to Defend Securities Class Suit ----------------------------------------------------------- Cassava Sciences Inc. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2024 filed with the Securities and Exchange Commission on August 8, 2024, that the Company continues to defend itself from a securities class suit in the Western District of Texas. On February 2, 2024, a putative class action lawsuit was filed, purportedly on behalf of the Company, alleging violations of the federal securities law by the Company and certain named officers. The complaint relies on an October 12, 2023 article that describes a purported leaked report of alleged scientific misconduct by a scientific collaborator of the Company at City University of New York. The complaint alleges that various statements made by the defendants regarding simufilam were rendered materially false and misleading by this article. The action was filed in the U.S. District Court for the Northern District of Illinois. The complaint seeks unspecified compensatory damages and other relief on behalf of a purported class of purchasers of the Company's securities between August 18, 2022 and October 12, 2023. On May 28, 2024, the Northern District of Illinois transferred this action to the Western District of Texas. The Company believes the foregoing claims are without merit and intends to defend against this lawsuit vigorously. Cassava Sciences -- http://www.cassavasciences.com/-- is an American pharmaceutical company based in Austin, Texas.[BN] CENTRAL GARDEN: Oldakowski Sues Over Birdseeds' Deceptive Labels ---------------------------------------------------------------- ELIZABETH OLDAKOWSKI and JOHN MELACKRINOS, on behalf themselves and of all others similarly situated, Plaintiffs v. CENTRAL GARDEN & PET COMPANY, Defendant, Case No. 3:24-cv-05559 (N.D. Cal., August 21, 2024) is a class action against the Defendant for violations of California's Unfair Competition Law, California's False Advertising Law, California's Consumer Legal Remedies Act, the New York General Business Law, and the Massachusetts General Laws, and for breach of implied warranty and unjust enrichment. The case arises from the Defendant's false, deceptive, and misleading advertising, labeling, and marketing of wild bird seeds under the brands Pennington and Kaytee. The Defendant markets Pennington and Kaytee birdseed that the they have been specially formulated to attract wild birds. However, the birdseed contains a filler ingredient that most birds won't eat: milo, also known as sorghum. As a result of the Defendant's misrepresentations, the Plaintiffs and Class members sustained damages, the suit asserts. Central Garden & Pet Company is a birdseed manufacturer and distributor based in Walnut Creek, California. [BN] The Plaintiffs are represented by: Yeremey O. Krivoshey, Esq. SMITH KRIVOSHEY, PLLC 166 Geary Street, Ste. 1500 San Francisco, CA 94108 Telephone: (415) 839-7000 Email: yeremey@skclassactions.com - and - Joel D. Smith, Esq. SMITH KRIVOSHEY, PLLC 867 Boylston Street, 5th Floor, Ste. 1520 Boston, MA 02116 Telephone: (617) 377-7404 Email: joel@skclassactions.com CITIBANK NA: De Ioris Files Labor Class Action in N.Y. ------------------------------------------------------ ROBERTO DE IORIS and ANTONIO JEFFERSON, on behalf of themselves, FLSA Collective Plaintiffs, and the Class, Plaintiffs v. CITIBANK, N.A., Defendant, Case No. 1:24-cv-06189 (S.D.N.Y., August 15, 2024) is brought pursuant to the Fair Labor Standards Act, the New York Labor Law, the Illinois Wage Payment and Collection Act, and applicable state wage and hour laws arising from the Defendant's alleged unlawful labor practices and policies. The Plaintiffs seek to recover from Defendant: (1) unpaid wages, including overtime, due to time shaving; (2) statutory penalties; (3) liquidated damages; and (4) attorneys' fees and costs. The Plaintiffs further seek an injunction requiring that Defendant notify all similarly situated employees and former employees that the arbitration provision within Citibank's Handbook lacks key contractual provisions necessary to the formation of a binding agreement. The Plaintiffs bring claims for relief as a collective action pursuant to FLSA, on behalf of all business bankers, personal bankers, private client relationship managers, and operations officers, among others, employed by Defendant on or after the date that is three years before the filing of the complaint. Citibank, N.A. offers banking and financial services across the United States while operating and setting nationwide policy from its joint headquarters located in New York City.[BN] The Plaintiffs are represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1188 Facsimile: (212) 465-1181 CLEARONE ADVANTAGE: Robertson Alleges Illegal Telemarketing Calls ----------------------------------------------------------------- ERIN ROBERTSON, individually, and on behalf of all others similarly situated, Plaintiff v. CLEARONE ADVANTAGE, LLC, Defendant, Case No. 1:24-cv-02312-JMC (D. Md., August 9, 2024) is an action against Defendant for violations of the Telephone Consumer Protection Act for making telemarketing calls, including text messages to numbers on the National Do Not Call Registry, including Plaintiff. Because telemarketing campaigns generally place calls to thousands or even millions of potential customers en masse, the Plaintiff brings this action on behalf of a proposed nationwide class of other persons who received illegal telemarketing calls from, or on behalf of, Defendant. ClearOne Advantage, LLC is a debt settlement company based in Maryland.[BN] The Plaintiff is represented by: John McGowan, Esq. KINNER & MCGOWAN, PLLC 413 East Capitol St. SE Washington, D.C. 20002 Telephone: (202) 838-7148 E-mail: jmcgowan@kinnermcgowan.com - and - Rachel E. Kaufman, Esq. KAUFMAN P.A. 237 South Dixie Highway, 4th Floor Coral Gables, FL 33133 Telephone: (305) 469-5881 E-mail: rachel@kaufmanpa.com COREBRIDGE FINANCIAL: Michalik Alleges Breach of Annuity Contracts ------------------------------------------------------------------ DEBRA MICHALIK, individually and on behalf of all others similarly situated, Plaintiff v. COREBRIDGE FINANCIAL, INC. (f//k/a VARIABLE ANNUITY LIFE INSURANCE COMPANY), Defendant, Case No. 1:24-cv-06995 (N.D. Ill., August 8, 2024) seeks injunctive relief and damages, including pre-judgment interest, attorneys' fees, and costs for Defendant's breach of the 403(b) annuity contracts held by public and non-profit employees, including Plaintiff. In 2002, Plaintiff Debra entered into a 403(b) annuity contract with Corebridge Financial -- formerly known as the Variable Annuity Life Insurance Company (VALIC). The 403(b) aspect of the financial product restricts availability of such annuity to only employees of public schools, colleges, and non-profit charities. Ms. Michalik was an elementary school teacher when she executed her 403(b) contract. According to the complaint, despite unambiguous contract language in its annuity guaranteeing a 3% rate, VALIC unilaterally breached the contract in 2014 by paying a lower rate than promised. Specifically, when investors funded an annuity by rolling over funds from another plan, such as an Individual Retirement Account, VALIC began paying Ms. Michalik and other annuitants 1% instead of the guaranteed 3% rate. Plaintiff Michalik and those similarly situated were damaged by VALIC's actions in at least two ways: (1) they did not receive the benefit of the bargain, an annuity that grows at a guaranteed rate over the life of the product; and (2) their capital was tied up in an account producing paltry economic benefits and was unavailable for other, more lucrative investments, the suit alleges. Corebridge Financial, Inc. sells annuity products, including annuities for teachers under 403(b) of the Internal Revenue Code.[BN] The Plaintiff is represented by: Daniel J. Kurowski, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 North Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Telephone: (708) 628-4949 E-mail: dank@hbsslaw.com - and - Robert B. Carey, Esq. Leonard W. Aragon, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson, Suite 1000 Phoenix, AZ 85003 Telephone: (602) 840-5900 E-mail: rob@hbsslaw.com leonard@hbsslaw.com DAILY GRACE: Website Inaccessible to Blind Users, Slade Says ------------------------------------------------------------ LINDA SLADE, individually and as the representative of a class of similarly situated persons, Plaintiff v. DAILY GRACE ENTERPRISES, LLC, Defendant, Case No. 1:24-cv-06038 (S.D.N.Y., August 8, 2024) is a civil rights action against Daily Grace for their failure to design, construct, maintain, and operate their website, http//:www.thedailygraceco.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Plaintiff, Linda Slade, has made numerous attempts to complete a purchase on the website, most recently on July 5, 2024, July 7, 2024, and July 18, 2024, but was unable to do so independently because of the many access barriers on Defendant's website. The website contains access barriers that prevent free and full use by Plaintiff and blind persons using keyboards and screen-reading software. These barriers are pervasive and include, but are not limited to: lack of alt-text on graphics, inaccessible drop-down menus, the lack of navigation links, the lack of adequate prompting and labeling, the denial of keyboard access, empty links that contain no text, redundant links where adjacent links go to the same URL address, and the requirement that transactions be performed solely with a mouse, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Daily Grace's policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. Daily Grace Enterprises, LLC offers Bible studies, devotionals, journals, lifestyle products, and other resources designed for personal spiritual development.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Telephone: (917) 373-9128 E-mail: ShakedLawGroup@gmail.com DENVER CHILDREN'S: Underpays House Parents, Murphy Suit Alleges --------------------------------------------------------------- STEVEN MURPHY and SARAH MURPHY, individually and on behalf of all others similarly situated, Plaintiffs v. DENVER CHILDREN'S HOME, Defendant, Case No. 1:24-cv-02304-SBP (D. Colo., August 21, 2024) is a class action against the Defendant for failure to pay overtime wages in violation of the Fair Labor Standards Act, the Colorado Wage Act, and Colorado Minimum Wage Order. The Plaintiffs worked for the Defendant as house parents from March of 2021 until the present. Denver Children's Home is a therapeutic and educational continuum of care provider based in Denver, Colorado. [BN] The Plaintiffs are represented by: Sean Short, Esq. Josh Sanford, Esq. SANFORD LAW FIRM, PLLC Kirkpatrick Plaza 10800 Financial Centre Pkwy., Suite 510 Little Rock, AR 72211 Telephone: (501) 221-0088 Facsimile: (888) 787-2040 Email: sean@sanfordlawfirm.com josh@sanfordlawfirm.com DOMINIUM MANAGEMENT: Penland Sues Over Improper Utility Bills ------------------------------------------------------------- RANETTA PENLAND, individually and on behalf of all others similarly situated, Plaintiff v. DOMINIUM MANAGEMENT SERVICES, LLC; and JIT SERVICES, INC., Defendants, Case No. 27-cv-24-11462 (D. Minn., Aug. 1, 2024) alleges that the Defendants are engaged in unlawful inflation of residential tenant's utility bills. The Plaintiff alleges in the complaint that the Defendants failed to communicate the total utility cost per month and must predetermine and put in writing in all leases of an equitable method of apportionment and the frequency of billing by the landlord. The Defendants likewise failed provide a provision in any lease that upon a tenant's request it will provide past copies of actual utility bills for any period of the tenancy for which the tenant received an apportioned utility bill, says the suit. Dominium Management Services, LLC offers commercial leasing, real-estate, property management, development and services. [BN] The Plaintiff is represented by: Carl E. Christensen, Esq. CHRISTENSEN SAMPSEL PLLC 305 North Fifth Avenue, Suite 375 Minneapolis MN 55401 Telephone: (612) 473-1200 Email: carl@christensensampsel.com EQUITY TRUST: Short Suit Alleges Breach of Fiduciary Duties ----------------------------------------------------------- HEATHER R. SHORT, HOWARD M. SHORT, GARY CASELLA, ALEC MORROW, FRANK MARTIN, TERESA SCHAPPAUGH, MICHAEL DLUGOS, JANICE ANG, JULIE DREW, JACQUELINE NELSON, TIMOTHY NELSON, TRACY JOBST, on behalf of themselves and all others similarly situated, Plaintiffs v. EQUITY TRUST COMPANY, a South Dakota Corporation; PEDRAM GRANFAR, JONATHAN ADLER, PATRICK GRANFAR, MIKE MALEK, VINCE BOVINO, PIERRE KIM, and Doe Defendants 1 through 100, inclusive, Defendants, Case No. 2:24-cv-06788 (C.D. Cal., August 9, 2024) is a class action against the Defendants for breach of fiduciary duty, fraud, and violation of the Securities & Exchange Act and Rule 10b-5 promulgated thereunder by the U.S. Securities & Exchange Commission and the California Unfair Competition Law. Starting before January 2022, Defendants Pedram Granfar, Johnathan Adler and Patrick Granfar, acting under the Oxford Gold Group banner on behalf of defendant Equity Trust Company, carried out a nationwide radio, television, youtube, and social media investment advisor campaign to advise and induce holders of Investment Retirement Trust Accounts, 401-Ks and other retirement accounts to transfer their accounts to Equity Trust Company on the pretense that Equity Trust Company would hold in trust for Plaintiffs gold, silver and other metals investors purchased from OGG. The Plaintiffs are informed and believe Defendant Equity Trust Company knew, and did not disclose to the investors transferring their account to Equity Trust Company, that substantial and material amounts of precious metal transactions with OGG were not being settled, meaning the investor funds were going unaccounted for by Equity Trust Company in violation of Defendant Equity Trust Company's fiduciary duty to investors. The Defendants have engaged in and continue to engage in unlawful business acts or practices and unfair, deceptive, untrue, or misleading advertising that constitutes unfair competition as defined in the Unfair Competition Law. Further, Defendants violated securities laws by using and employing devices, schemes and artifices to defraud; making untrue statements of material fact; and omitting to state material facts necessary in order to make the statements made not misleading, says the suit. Equity Trust Company is in the business inducing Investment Retirement Account holders to invest in assets such as precious metals and cryptocurrency.[BN] The Plaintiffs are represented by: Michael J. Aguirre, Esq. Maria C. Severson, Esq. AGUIRRE & SEVERSON, LLP 501 West Broadway, Suite 1050 San Diego, CA 92101 Telephone: (619) 876-5364 Facsimile: (619) 876-5368 E-mail: maguirre@amslawyers.com mseverson@amslawyers.com - and - Patrick DeBlase, Esq. Eric Brown, Esq. Michael C. Eyerly, Esq. DEBLASE BROWN EYERLY LLP 680 South Santa Fe Avenue Los Angeles, CA 90021 Telephone: (310) 575-9955 Facsimile: (310) 575-9919 E-mail: deblase@dbelegal.com ERP OPERATING: Continues to Defend Late Fees Class Suit ------------------------------------------------------- ERP Operating Ltd. Partnership disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2024 filed with the Securities and Exchange Commission on August 1, 2024, that the Company continues to defend itself from the Late Fees class suit in the United States District Court for the Northern District of California. The Company is named as a defendant in a class action in the United States District Court for the Northern District of California filed in 2016 which alleges that the amount of late fees charged by the Company were improperly determined under California law. The plaintiffs are seeking monetary damages and other relief. On April 8, 2024, the Court issued certain findings of facts and conclusions of law that are adverse to the Company's legal position. At this time, the Company is continuing to defend the action. Chicago-based ERP Operating LP is a partnership that conducts the multifamily residential property business of Equity Residential. EQR develops and manages high quality apartment properties in top United States growth markets. EVOLVE BANK: Faces Herrera Suit Over Unauthorized Access of Info ---------------------------------------------------------------- VALERY HERRERA, individually and on behalf of all others similarly situated, Plaintiff v. EVOLVE BANK & TRUST, Defendant, Case No. 2:24-cv-02595-MSN-cgc (W.D. Tenn., August 20, 2024) is a class action against the Defendant for negligence and negligence per se, breach of contract, unjust enrichment, conversion, and breach of fiduciary duty. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach on June 25, 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. Evolve Bank & Trust is a banking company headquartered in West Memphis, Arkansas. [BN] The Plaintiff is represented by: Michael K. Atkins, Esq. Keith D. Stewart, Esq. REYNOLDS, ATKINS, BREZINA & STEWART, PLLC 606 W. Main Street, Suite 225 Knoxville, TN 37902 Telephone: (865) 525-0505 Facsimile: (865) 525-6001 Email: matkins@brezinalaw.com keithdstewart@gmail.com - and - Brian P. Murray, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Avenue, Suite 358 New York, NY 10169 Telephone: (212) 682-5340 Facsimile: (212) 884-0988 Email: bmurray@glancylaw.com - and - Kasif Khowaja, Esq. THE KHOWAJA LAW FIRM LLC 8 S. Michigan Ave., Suite 2600 Chicago, IL 60603 Telephone: (312) 566-8070 Facsimile: (312) 332-0600 Email: kasif@khowajalaw.com EVOLVE BANK: Fails to Protect Customers' Personal Info, Sarif Says ------------------------------------------------------------------ TOWFEQ SARIF, on behalf of himself and a class of similarly situated persons, Plaintiff v. EVOLVE BANK & TRUST, Defendant, Case No. 2:24-cv-02578 (W.D. Tenn., August 14, 2024) seeks to remedy the harm caused by the Defendant to Plaintiff and all similarly situated customers whose private information was accessed during a data breach. On July 1, 2024, the Defendant admitted that it experienced a data breach in late May in a cybersecurity incident notification on its website. As a result of the data breach, through which their personally identifiable information was compromised, disclosed, and obtained by unauthorized third parties, Plaintiff and Class Members have suffered concrete damages and are now exposed to a heightened and imminent risk of fraud and identity theft for a period of years, if not decades, says the suit. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, at their own expense. Consequently, Plaintiff and the other Class Members will incur ongoing out-of-pocket costs for, e.g., purchasing credit monitoring services, credit freezes, credit reports, or other protective measures to deter and detect identity theft, the suit further alleges. Evolve Bank and Trust is a chartered bank and trust with a principal place of business located in Memphis, Arkansas. [BN] The Plaintiff is represented by: Thomas E. Loeser, Esq. Karin B. Swope, Esq. Ellen J. Wen, Esq. COTCHETT PITRE & MCCARTHY LLP 999 N. Northlake Way, Suite 215 Seattle, WA 98103 Telephone: (206) 802-1272 Facsimile: (650) 697-0577 E-mail: tloeser@cpmlegal.com.com kswope@cpmlegal.com ewen@cpmlegal.com FGO LLC: Faces Torrez Wage-and-Hour Suit in Calif. Super. --------------------------------------------------------- HOLMAN TORREZ; JESUS O. LOPEZ; SANTIAGO LOPEZ; WILLIAM A. MENDOZA GARCIA; ERICK CASTRO CHAVEZ; KEVIN MIDENCE; JUAN MANUEL CABRERA MUNGIA; and CARLOS SOMARRIBA; each individually and on behalf of all others similarly situated, Plaintiffs, v. FGO, LLC; FGO CA, LLC; FGO DELIVERS, LLC; WAYFAIR TRANSPORTATION, LLC; WAYFAIR, LLC; WAYFAIR, INC; and DOES 1 to 100, Defendants, Case No. 24CV086794 (Cal. Super., Alameda Cty., August 9, 2024) arises from the Defendants' alleged unlawful labor practices in violation of the California Labor Code and the California Business and Professions Code. This is a class action for wage and labor violations arising out of, among other things, Defendants' misclassification of Plaintiffs and the class as independent contractors; failure to pay minimum wages, pay overtime wages, provide meal and rest breaks, provide accurate itemized wage statements, and pay wages timely when due and/or upon termination of the employment of Plaintiffs and the class. Further, the Defendants intentionally misclassified Plaintiffs and the class as independent contractors; failed to pay them for all time worked every pay period, specifically including required minimum wages and daily and/or weekly overtime; failed to furnish accurate itemized wage statements; and failed to provide off-duty and lawfully-compliant meal and rest periods of its California drivers and crewmembers; and failed to pay its drivers and crewmembers one hour of pay at their regular rate of compensation for each instance that Defendants failed to provide statutorily mandated rest periods and/or off-duty meal periods. The Plaintiffs seek penalties arising from Defendants' issuing to its drivers and crewmembers inaccurate wage statements and failing to pay wages when due or upon the termination of the workers' employment, says the suit. The Plaintiffs and putative class members are current or former employees and/or workers of labor contractors that performed the work for Defendants in the State of California. The Defendants FGO LLC; FGO CA LLC; and FGO Delivers, LLC are logistics companies that perform last mile deliveries and installation of household goods.[BN] The Plaintiffs are represented by: Allan A. Villanueva, Esq. Parham Golestanian, Esq. LAW OFFICE OF ALLAN A. VILLANUEVA 6101 Bollinger Canyon Road, Suite 326 San Ramon, CA 94583 Telephone (925) 365-1680 Facsimile (650) 479-3086 E-mail: allan@allanvillanuevalaw.com pg@allanvillanuevalaw.com FLASHDOT LIMITED: Aids in Cryptocurrency Conversion, Reca Suit Says ------------------------------------------------------------------- SOFIA RECA, individually and on behalf of all others similarly situated, Plaintiff v. FLASHDOT LIMITED f/k/a PHOENIXFIN LIMITED, MEK GLOBAL LIMITED, PEKEN GLOBAL LIMITED, and PHOENIXFIN PRIVATE LIMITED (collectively d/b/a KUCOIN), CHUN (a/k/a "MICHAEL") GAN, and KE (a/k/a "ERIC") TANG, Defendants, Case No. 1:24-cv-06316 (S.D.N.Y., August 21, 2024) is a class action against the Defendants for violations of the Racketeer Influenced and Corrupt Organizations Act, conversion, aiding and abetting conversion. The Plaintiff brings this class action complaint on behalf of themselves and all persons or entities in the United States whose cryptocurrency was removed from a digital wallet, account, or protocol as a result of a hack, ransomware, or theft and, between August 21, 2020, and the date of judgment, transferred to a KuCoin account, and who have not recovered all of their cryptocurrency that was transferred to KuCoin. According to the complaint, the Defendants violated federal statutory obligations and engaged in the conversion of, and aided and abetted the conversion of, cryptocurrency properly belonging to the Plaintiff and the members of the Class. Specifically, the Defendants, inter alia, (i) committed, and aided and abetted, acts constituting indictable offenses under 18 U.S.C. Sec. 1960 (relating to illegal money transmitters) and Sec. 1961(1)(E) (act indictable under the Currency and Foreign Transactions Reporting Act aka the Bank Secrecy Act (BSA), and (ii) aided and abetted acts constituting indictable offenses under 18 U.S.C. Sec. 1956 (laundering of monetary instruments), Sec. 1957 (engaging in monetary transactions in property derived from specified unlawful activity), and Sec. 2314 (relating to interstate transportation of stolen property). As a result of KuCoin's conduct and systemic failures, the Plaintiff and Class members have been damaged, says the suit. Flashdot Limited, formerly known as PhoenixFin Limited, is the holding company of the KuCoin cryptocurrency exchange. Mek Global Limited is the previous owner of the KuCoin cryptocurrency trading platform. Peken Global Limited is the owner of the KuCoin cryptocurrency trading platform. PhoenixFin Private Limited is an operator of the KuCoin cryptocurrency trading platform. [BN] The Plaintiff is represented by: Samuel H. Rudman, Esq. Evan J. Kaufman, Esq. Jonathan A. Ohlmann, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 58 South Service Road, Suite 200 Melville, NY 11747 Telephone: (631) 367-7100 Facsimile: (631) 367-1173 Email: srudman@rgrdlaw.com ekaufman@rgrdlaw.com johlmann@rgrdlaw.com - and - Eric I. Niehaus, Esq. ROBBINS GELLER RUDMAN & DOWD LLP 655 West Broadway, Suite 1900 San Diego, CA 92101-8498 Telephone: (619) 231-1058 Facsimile: (619) 231-7423 Email: ericn@rgrdlaw.com - and - Silver Miller, Esq. David C. Silver, Esq. Jason S. Miller, Esq. 4450 NW 126th Avenue, Suite 101 Coral Springs, FL 33065 Telephone: (954) 516-6000 Email: dsilver@silvermillerlaw.com jmiller@silvermillerlaw.com FORD MOTOR: Nelson Sues Over Defective Ecoboost Engines ------------------------------------------------------- TREVOR NELSON and SARAH NELSON, as individuals and on behalf of all others similarly situated, Plaintiffs v. FORD MOTOR COMPANY, Defendant, Case No. 8:24-cv-01743 (C.D. Cal., August 8, 2024) is brought by the Plaintiffs, individually and on behalf of all persons who purchased or leased in California, certain vehicles equipped uniformly with defective 2.3L EcoBoost engines that were designed, manufactured, distributed, and sold/leased by Ford Motor and/or its related subsidiaries or affiliates. According to the complaint, the EcoBoost engines in the Class Vehicles have a critical defect that causes engine coolant -- which is vital to the safety, functionality and longevity of the engine -- to leak into the engine's cylinders. The lack of coolant caused by the leaks results in overheating, and can, even at low mileage, result in catastrophic engine failures and potential engine fires. The presence of coolant within the cylinders of the engine, alone, can also result in power loss, cylinder wall corrosion, oil dilution and contamination, and engine failure, alleges the suit. The Plaintiffs assert that the Engine Defect interferes with the safe, comfortable, and expected use of their vehicles. It exposes them to severe risk created by engine failures and engine fires, and it requires them to pay for repairs and/or engine replacement, the Plaintiffs say. Ford Motor Company designs and manufactures motor vehicles, parts, and other products for sale in the United States and throughout the world.[BN] The Plaintiffs are represented by: Tarek H. Zohdy, Esq. Cody R. Padgett, Esq. Laura E. Goolsby, Esq. Nathan N. Kiyam, Esq. CAPSTONE LAW APC 1875 Century Park East, Suite 1000 Los Angeles, CA 90067 Telephone: (310) 556-4811 Facsimile: (310) 943-0396 E-mail: Tarek.Zohdy@capstonelawyers.com Cody.Padgett@capstonelawyers.com Laura.Goolsby@capstonelawyers.com Nate.Kiyam@capstonelawyers.com - and - William A. Kershaw, Esq. Stuart C. Talley, Esq. Ian J. Barlow, Esq. KERSHAW TALLEY BARLOW PC 401 Watt Avenue Sacramento, CA 95864 Telephone: (916) 779-7000 Facsimile: (916) 244-4829 E-mail: bill@ktblegal.com stuart@ktblegal.com ian@ktblegal.com - and - Mark P. Chalos, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP One Nashville Place 150 Fourth Avenue, Suite 1650 Nashville, TN 37219-2423 Telephone: (615) 313-9000 E-mail: mchalos@lchb.com - and - Annika K. Martin, Esq. Gabriel A. Panek, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN, LLP 250 Hudson Street, 8th Floor New York, NY 10013-1413 Telephone: akmartin@lchb.com gpanek@lchb.com - and - Russell D. Paul, Esq. Abigail Gertner, Esq. Amey J. Park, Esq. BERGER MONTAGUE PC 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 Facsimile: (215) 875-4604 E-mail: rpaul@bm.net agertner@bm.net apark@bm.net - and - Patrick Newsom, Esq. NEWSOM LAW PLC 40 Music Square East Nashville, TN 37203 Telephone: (615) 251-9500 E-mail: patrick@newsom.law - and - Thomas P. Thrash, Esq. Will T. Crowder, Esq. THRASH LAW FIRM 1101 Garland Street Little Rock, AR 72201 Telephone: (501) 374-1058 Facsimile: (501) 374-2222 E-mail: tomthrash@thrashlawfirmpa.com willcrowder@thrashlawfirmpa.com FORD MOTOR: Nelson Suit Transferred to E.D. California ------------------------------------------------------ The case styled as Trevor Nelson, Sarah Nelson, as individuals and on behalf of all others similarly situated v. Ford Motor Company, Case No. 8:24-cv-01743 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Eastern District of California on Aug. 19, 2024. The District Court Clerk assigned Case No. 2:24-cv-02231-DJC-CKD to the proceeding. The nature of suit is stated as Other Fraud. Ford Motor Company -- http://www.ford.com/-- is an American multinational automobile manufacturer headquartered in Dearborn, Michigan.[BN] The Plaintiffs are represented by: Laura Ellen Goolsby, Esq. Tarek H. Zohdy, Esq. Cody Robert Padgett, Esq. Nathan Kiyam, Esq. CAPSTONE LAW APC 1875 Century Park East, Ste. 1000 Los Angeles, CA 90067 Phone: (323) 302-8289 Facsimile: 312-419-1025 Email: laura.goolsby@capstonelawyers.com tarek.zohdy@capstonelawyers.com cody.padgett@capstonelawyers.com nate.kiyam@capstonelawyers.com - and - Ian James Barlow, Esq. Stuart C. Talley, Esq. William A. Kershaw, Esq. KERSHAW TALLEY BARLOW PC 401 Watt Ave., Ste. 1 Sacramento, CA 95864 Phone: (916) 779-7000 Fax: (916) 721-2501 Email: ian@ktblegal.com stuart@ktblegal.com bill@ktblegal.com FULL SAIL: Website not Accessible to Blind, Knowles Suit Claims --------------------------------------------------------------- CARLTON KNOWLES, on behalf of himself and all other persons similarly situated v. FULL SAIL, LLC, Case No. 1:24-cv-06294 (S.D.N.Y., Aug. 20, 2024) sues the Defendant for its failure to design, construct, maintain, and operate its interactive website, https://www.fullsail.edu/, to be fully accessible to and independently usable by the Plaintiff and other blind or visually-impaired persons, under the Americans with Disabilities Act. During the Plaintiff's visits to the Website, the last occurring on Aug. 12, 2024, in an attempt to purchase a Classic Hat (Adjustable) - Orange from the Defendant and to view the information on the Website, the Plaintiff encountered multiple access barriers that denied the Plaintiff a shopping experience similar to that of a sighted person and full and equal access to the goods and services offered to the public and made available to the public, the suit alleges. The Plaintiff has suffered and continues to suffer frustration and humiliation as a result of the discriminatory conditions present on Defendant's Website. These discriminatory conditions continue to contribute to Plaintiff's sense of isolation and segregation, added the suit. The Plaintiff seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's Website will become and remain accessible to blind and visually-impaired consumers. Mr. Knowles is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer. Full Sail offers University gear & accessories.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Telephone: (212) 228-9795 Facsimile: (212) 982-6284 E-mail: Jeffrey@Gottlieb.legal Dana@Gottlieb.legal Michael@Gottlieb.legal GEICO GENERAL: Appeals E.D.N.Y. Court Ruling in Chick Case ---------------------------------------------------------- GEICO General Insurance Company filed an appeal from a court decision in the case captioned, JONATHAN CHICK, individually and on behalf of all others similarly situated v. GEICO GENERAL INSURANCE COMPANY; and CCC INTELLIGENT SOLUTIONS, INC., Case No. 2:24-cv-1124 (E.D.N.Y, April 5, 2016). The appeal was filed on Aug. 1, 2024 before the U.S. Court of Appeals for the Second Circuit, and captioned as, JONATHAN CHICK, individually and on behalf of all others similarly situated, Appellee v. GEICO GENERAL INSURANCE COMPANY; and CCC INTELLIGENT SOLUTIONS, INC., Appellants, Case No. 24-2036 (2nd Cir.) GEICO Casualty Company operates as an insurance company. The Company offers auto, motorcycle, home, renters, flood, life, general liability, travel, and business insurance services. [BN] The Plaintiff is represented by: Edward Aloysius Coleman, Esq. Lewis Saul & Associates, PC 29 Howard Street Suite 3rd Floor New York, NY 10013 Tel: (212) 376-8450 The Defendants are represented by: Dan W. Goldfine, Esq. Dickinson Wright PLLC 1850 North Central Avenue Suite 1400 Phoenix, AZ 85004 Tel: (602) 285-5000 GENWORTH FINANCIAL: Data Breach Suit Consolidated -------------------------------------------------- Genworth Financial, Inc. disclosed in its Form 10-Q report for the quarterly period ended June 30, 2024, filed with the Securities and Exchange Commission on August 2, 2024, that in July 2023, Genworth Financial was named as a defendant in a putative class action lawsuit pending in the United States District court for the District of Massachusetts captioned "Robert Anastasio, individually and on behalf of all others similarly situated v. Progress Software Corporation, Pension Benefit Information, LLC d/b/a PBI Research Services, and Genworth Financial, Inc." On October 4, 2023, the Joint Panel on Multidistrict Litigation issued an order consolidating this action before a single federal judge in the United States District Court for the District of Massachusetts. All defendants, including the Genworth entities, filed a joint motion to dismiss the complaints on July 23, 2024. The action relates to the data security events involving the "MOVEit" file transfer system which PBI Research Services, a third-party vendor, uses in the performance of its services where Genworth life insurance companies uses PBI to, among other things, satisfy applicable regulatory obligations to search various databases to identify the deaths of insured persons under life insurance policies, and to identify the deaths of long-term care insurance and annuity policies which can impact premium payment obligations and benefit eligibility. The complaint asserts claims against Genworth for negligence, negligence per se, breach of contract and unjust enrichment, and it seeks declaratory and injunctive relief, compensatory and punitive damages, restitution, attorneys' fees and costs. Genworth Holdings, Inc. (formerly known as Genworth Financial, Inc.) is a financial services company based in Richmond VA. On April 1, 2013, Genworth Holdings completed a holding company reorganization pursuant to which Genworth Holdings became a direct, 100% owned subsidiary of a new public holding company that it had formed. The new public holding company was incorporated in Delaware on December 5, 2012, in connection with the reorganization, and was renamed Genworth Financial, Inc. upon the completion of the reorganization. GENWORTH FINANCIAL: Securities Suit Over Reinsurance Ongoing ------------------------------------------------------------ Genworth Financial, Inc. disclosed in its Form 10-Q report for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that class action lawsuit captioned "Richard F. Burkhart, William E. Kelly, Richard S. Lavery, Thomas R. Pratt, Gerald Green, individually and on behalf of all other persons similarly situated v. Genworth et al." is pending in the court of Chancery of the State of Delaware. On January 12, 2024, plaintiffs moved for class certification and the company filed its opposition papers on February 23, 2024. In September 2018, Genworth Financial, Genworth Holdings, Genworth North America Corporation, Genworth Financial International Holdings, LLC (GFIH) and Genworth Life Insurance company (GLIC) were named as defendants. Plaintiffs allege that GLIC paid dividends to its parent and engaged in certain reinsurance transactions causing it to maintain inadequate capital capable of meeting its obligations to GLIC policyholders and agents. The complaint alleges causes of action for intentional fraudulent transfer and constructive fraudulent transfer, and seeks injunctive relief. The company moved to dismiss this action in December 2018. On January 29, 2019, plaintiffs exercised their right to amend their complaint. On March 12, 2019, the company moved to dismiss plaintiffs' amended complaint. On April 26, 2019, plaintiffs filed a memorandum in opposition to the company's motion to dismiss, which the company replied to on June 14, 2019. On August 7, 2019, plaintiffs filed a motion seeking to prevent proceeds that GFIH expected to receive from the then planned sale of its shares in Genworth MI Canada Inc. from being transferred out of GFIH. On September 11, 2019, plaintiffs filed a renewed motion seeking the same relief as their August 7, 2019 motion with an exception that allowed GFIH to transfer $450 million of expected proceeds from the sale of Genworth Canada through a dividend to Genworth Holdings to allow the pay-off of a senior secured term loan facility dated March 7, 2018 among Genworth Holdings as the borrower, GFIH as the limited guarantor and the lending parties thereto. Oral arguments on the company's motion to dismiss and plaintiffs' motion occurred on October 21, 2019, and plaintiffs' motion was denied. On January 31, 2020, the court granted in part the company's motion to dismiss, dismissing claims relating to $395 million in dividends GLIC paid to its parent from 2012 to 2014 (out of the $410 million in total dividends subject to plaintiffs' claims). The court denied the balance of the motion to dismiss leaving a claim relating to $15 million in dividends and unquantified claims relating to the 2016 termination of a reinsurance transaction. On March 27, 2020, the company filed the company's answer to plaintiffs' amended complaint. On May 26, 2021, the plaintiffs filed a second amended and supplemental class action complaint adding additional factual allegations and three new causes of action. On July 26, 2021, the company moved to dismiss the three new causes of action and answered the balance of the second amended and supplemental class action complaint. Plaintiffs filed an opposition to the company's motion to dismiss on September 30, 2021. The court heard oral arguments on the motion on December 7, 2021 and ordered each party to file supplemental submissions, which were filed on January 28, 2022. On May 10, 2022, the court granted the company's motion to dismiss the three new causes of action. On January 27, 2022, plaintiffs filed a motion for a preliminary injunction seeking to enjoin GFIH from transferring any assets to any affiliate, including paying any dividends to Genworth Holdings and to enjoin Genworth Holdings and Genworth Financial from transferring or distributing any value to Genworth Financial shareholders. On June 2, 2022, plaintiffs withdrew their motion for a preliminary injunction. Genworth Holdings, Inc. (formerly known as Genworth Financial, Inc.) is a financial services company based in Richmond VA. On April 1, 2013, Genworth Holdings completed a holding company reorganization pursuant to which Genworth Holdings became a direct, 100% owned subsidiary of a new public holding company that it had formed. The new public holding company was incorporated in Delaware on December 5, 2012, in connection with the reorganization, and was renamed Genworth Financial, Inc. upon the completion of the reorganization. GENWORTH LIFE: Faces Consolidated Securities Suit in Massachusetts ------------------------------------------------------------------ Genworth Financial, Inc. disclosed in its Form 10-Q report for the quarterly period ended June 30, 2024, filed with the Securities and Exchange Commission on August 2, 2024, that in August 2023, its subsidiary Genworth Life Insurance company (GLIC) was named as a defendant in a putative class action lawsuit pending in the United States District court for the Eastern District of Virginia captioned "Behrens v. Genworth Life Insurance Company." On October 4, 2023, the Joint Panel on Multidistrict Litigation issued an order consolidating this action before a single federal judge in the United States District Court for the District of Massachusetts. All defendants, including the Genworth entities, filed a joint motion to dismiss the complaints on July 23, 2024. The action relates to the data security events involving the "MOVEit" file transfer system which PBI Research Services, a third-party vendor, uses in the performance of its services where Genworth life insurance companies uses PBI to, among other things, satisfy applicable regulatory obligations to search various databases to identify the deaths of insured persons under life insurance policies, and to identify the deaths of long-term care insurance and annuity policies which can impact premium payment obligations and benefit eligibility. Plaintiff seeks to represent a nationwide class of persons whose Genworth data was accessed by the MOVEit Cybersecurity Incident, alleging that Genworth breached its purported duty to safeguard their sensitive data from cybercriminals. The complaint asserts claims for negligence, negligence per se, breach of implied contract and unjust enrichment, and it seeks compensatory and punitive damages, attorneys' fees, costs, and injunctive and declaratory relief. Genworth Holdings, Inc. (formerly known as Genworth Financial, Inc.) is a financial services company based in Richmond VA. On April 1, 2013, Genworth Holdings completed a holding company reorganization pursuant to which Genworth Holdings became a direct, 100% owned subsidiary of a new public holding company that it had formed. The new public holding company was incorporated in Delaware on December 5, 2012, in connection with the reorganization, and was renamed Genworth Financial, Inc. upon the completion of the reorganization. GENWORTH LIFE: Suit Over Insurance Dispute Ongoing -------------------------------------------------- Genworth Financial, Inc. disclosed in its Form 10-Q report for the quarterly period ended June 30, 2023, filed with the Securities and Exchange Commission on August 9, 2023, that a putative class action filed in the United States District court for the Eastern District of Virginia by two former Genworth employees against Genworth Financial, its Board of Directors and the Fiduciary and Investments Committee of Genworth Financial's Retirement and Savings Plan filed on August 1, 2022 is currently ongoing. Plaintiffs purport to act on behalf of the said savings plan and all similarly simulated participants and beneficiaries. The complaint asserts that the defendants breached their fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA) by imprudently offering and inadequately monitoring a suite of BlackRock Target Date Funds as a retirement investment option for Genworth employees. Plaintiffs seek declaratory and injunctive relief, monetary damages, and attorney's fees. By stipulation entered September 6, 2022, the complaint was dismissed, without prejudice, against the Board of Directors and the Fiduciary and Investments Committee of Genworth Financial's Savings Plan. On October 17, 2022, the company moved to dismiss the complaint against the sole remaining defendant, Genworth Financial. Plaintiffs filed opposition papers on November 10, 2022, and the company filed the company's reply papers on November 16, 2022. By order dated January 20, 2023, the court granted plaintiffs' motion to serve an amended complaint, rendering the company's initial motion to dismiss moot. On January 20, 2023, plaintiffs filed an amended complaint, and on February 2, 2023, the company filed a motion to dismiss the amended complaint. On March 16, 2023, the court directed plaintiffs to file a second amended complaint and denied as moot the company's motion to dismiss the amended complaint. Plaintiffs filed the second amended complaint on April 17, 2023. On May 15, 2023, the company answered and moved to dismiss the second amended complaint. On September 13, 2023, the court granted in part and denied in part our motion to dismiss the second amended complaint. Plaintiffs moved for class certification on October 16, 2023, and the company filed opposition papers on December 4, 2023. Oral argument on plaintiffs' class certification motion was heard on February 12, 2024, and awaiting the court's ruling. On February 20, 2024, the company moved for summary judgment dismissing the claims, and plaintiffs filed opposition papers on March 5, 2024. Oral argument was conducted on the summary judgment motion on March 25, 2024. Genworth Holdings, Inc. (formerly known as Genworth Financial, Inc.) is a financial services company based in Richmond VA. On April 1, 2013, Genworth Holdings completed a holding company reorganization pursuant to which Genworth Holdings became a direct, 100% owned subsidiary of a new public holding company that it had formed. The new public holding company was incorporated in Delaware on December 5, 2012, in connection with the reorganization, and was renamed Genworth Financial, Inc. upon the completion of the reorganization. GRIID INFRASTRUCTURE: Cipilinsky Sues Over Invalid Waiver Provision ------------------------------------------------------------------- DANIEL CIPILINSKY v. GRIID INFRASTRUCTURE INC. f/k/a ADIT EDTECH ACQUISITION CORP., a Delaware Corporation, JAMES D. KELLY III, CRISTINA DOLAN, SHARMILA KASSAM, DAVID L. SHRIER, NEAL SIMMONS, SUNDAR SUBRAMANIAM, and THOMAS J. ZACCAGNINO, Case No. 2024-0870 (Del. Ch., Aug. 20, 2024) is a Verified Class Action Complaint against GRIID and the members of the Company's board of directors, seeking a declaratory relief relating to the Company's violation of Delaware General Corporation Law Sections 102(b)(7) and 122(17) and Delaware common law and public policy. The Plaintiff avers that the Company's charter, adopted and maintained by Defendants has a provision in which the Company renounces the application of the corporate opportunity doctrine contrary to Delaware law. The Waiver Provision is broad, limitless in scope, and without qualification. It lacks the specificity as required by Section 122(17). It is invalid for this lack of specificity, as well as for the impermissible waiver of the duty of loyalty, the Plaintiff says. Additionally, the Waiver Provision is allegedly unlawful because it eliminates the application of unspecified fiduciary duties regarding such waiver, effectively inherently and by stating the doctrine of corporate opportunity "shall not apply . . . in circumstances where the application of any such doctrine would conflict with any fiduciary duties." Plaintiff Cipilinsky is and has been an owner of GRIID common stock. Griid Infrastructure. operates as a vertically integrated bitcoin mining company in North America.[BN] The Plaintiff is represented by: Blake A. Bennett, Esq. COOCH AND TAYLOR, P.A. The Brandywine Building 1000 N. West St., Suite 1500 Wilmington, DE 19801 Telephone: (302) 984-3800 Facsimile: (302) 984-3939 E-mail: bbennett@coochtaylor.com - and - Brian P. Murray, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Ave., Suite 358 New York, NY 10169 Telephone: (212) 682-5340 E-mail: bmurray@glancylaw.com - and - Werner R. Kranenburg, Esq. KRANENBURG 80-83 Long Lane London EC1A 9ET United Kingdom Telephone: +44-20-3174-0365 E-mail: werner@kranenburgesq.com GS OPERATING: Luciano Suit Removed to N.D. California ----------------------------------------------------- The case styled as Pedro Luciano, on behalf of himself and all others similarly situated v. GS OPERATING, LLC, a Delaware limited liability company; and DOES 1 to 50, inclusive, Case No. 24CV081724 was removed from the Superior Court of the Superior Court of the State of California, County of Alameda, to the United States District Court for the Northern District of California on Aug. 19, 2024, and assigned Case No. 4:24-cv-05408. The Plaintiff's Complaint alleges claims for: Failure to Pay All Wages; Failure to Pay All Wages at the Legal Overtime Pay Rate; Failure to Provide All Meal Periods; Failure to Provide Legally Compliant Rest Periods; Failure to Fully Reimburse Work Expenses; Derivative Failure to Timely Furnish Accurate Itemized Wage Statements; Independent Failure to Timely Furnish Accurate Itemized Wage Statements; Violations of Labor Code; and Unfair Business Practices.[BN] The Defendants are represented by: Jannine E. Kranz, 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: jkranz@littler.com INVOCA INC: Eavesdrops Consumers' Conversations, Busby Suit Alleges ------------------------------------------------------------------- RUHSON BUSBY and JILL COHEN, individually and on behalf of all others similarly situated v. INVOCA, INC., Case No. 4:24-cv-05542-DMR (N.D. Cal., Aug. 20, 2024) alleges that Invoca collects a trove of data from telephone conversations between businesses (DISH and DirecTV) and their consumers. The suit says that Invoca needs access to this data to provide the Services' features (including call recording, call transcription, and analysis thereof) described infra. Thus, Invoca records, accesses, reads, and learns the contents of conversations between Californian residents, on the one hand, and businesses including but not limited to DISH and DirecTV, on the other hand. Crucially, neither DISH and DirecTV nor Invoca procured the consent of any person who interacted with DISH and DirecTV, prior to Invoca recording, accessing, reading, and learning the contents of conversations between California residents and DISH and DirecTV. For instance, DISH consumers are told that their calls will be "monitored and recorded for quality assurance or training purposes," and DirecTV consumers are told that their calls will be "recorded for quality assurance." However, there is no disclosure that consumers' calls will also be shared with Invoca, an unknown third party, for purposes unrelated to quality assurance and/or training. This lack of consent is particularly troublesome given that Invoca has the capability to use the contents of those conversations for purposes other than simply relaying the same to DISH and DirecTV, the suit asserts. The Plaintiffs bring this action to prevent the Defendant from further violating the privacy rights of California residents, and to recover statutory damages from the Defendant for failing to comply with the California Invasion of Privacy Act. Mr. Busby resides in San Diego, California, and intends to remain there. He was in California when he called DISH's customer service line, in July of 2024. Invoca developed and operates a conversation intelligence software-as-a-service that it sells to, and partners with, third party businesses (such as DISH and DirecTV).[BN] The Plaintiffs are represented by: Julia K. Venditti, Esq. Joseph I. Marchese, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., 9th Floor Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: jvenditti@bursor.com jmarchese@bursor.com - and - Adrian Gucovschi, Esq. GUCOVSCHI ROZENSHTEYN, PLLC 630 Fifth Avenue, Suite 2000 New York, NY 10111 Telephone: (212) 884-4230 E-mail: adrian@gr-firm.com J GILBERTS: Fails to Pay Servers' Minimum Wages Under FLSA ---------------------------------------------------------- MELANIE DONER, and MAGGY MATA, on behalf of themselves and all others similarly situated v. J GILBERTS NE, LLC, a Texas limited liability company, Case No. 8:24-cv-00325 (D. Neb., Aug. 20, 2024) sues the Defendant for its failure to pay Servers and Bartenders federal minimum wages, pursuant to the Fair Labor Standards Act. The Defendant allegedly committed federal wage violations because it: (1) compensated Restaurant Servers and Bartenders at a reduced sub-minimum wage for tipped employees, but failed to provide the Plaintiffs and all others similarly situated with statutorily required notice of taking a tip credit; (2) required the Plaintiffs and all others similarly situated to perform non-tipped side duties and side work that exceeded 20% of all work performed in at least one workweek; and (3) required the Plaintiffs and all others similarly situated to perform non-tipped duties and side work in excess of 30 continuous minutes in one or more shifts. As a result, the Plaintiffs and all similarly situated Servers and Bartenders have been denied federal minimum wages during various workweeks, says the suit. Plaintiffs Doner and Mata worked for the Defendant from 2021 through April 2024 and from July 2022 through March 2024, respectively. J Gilberts is a restaurant in Omaha, Nebraska.[BN] The Plaintiffs are represented by: Jordan Richards, Esq. USA EMPLOYMENT LAYWERS - JORDAN RICHARDS PLLC 1800 SE 10th Ave. Suite 205 Fort Lauderdale, FL 33316 Telephone: (954) 871-0050 E-mail: jordan@jordanrichardspllc.com michael@usaemploymentlawyers.com patrick@usaemploymentlawyers.com sarah@usaemploymentlawyers.com ahava@usaemploymentlawyers.com intake@usaemploymentlawyers.com JERICO PICTURES: Smith Sues Over Failure to Protect Clients' Info ----------------------------------------------------------------- RYAN SMITH, individually and on behalf of all others similarly situated, Plaintiff v. JERICO PICTURES, INC. d/b/a NATIONAL PUBLIC DATA, Defendant, Case No. 0:24-cv-61525-MD (S.D. Fla., August 20, 2024) is a class action against the Defendant for negligence, breach of fiduciary duty, breach of confidence, invasion of privacy, violations of California Consumer Privacy Act, California Consumer Records Act, and California Unfair Competition Law, and declaratory relief. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach between at least April and the summer of 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, the suit says. Jerico Pictures, Inc., doing business as National Public Data, is a background check company headquartered in Coral Springs, Florida. [BN] The Plaintiff is represented by: Peter Prieto, Esq. Matthew P. Weinshall, Esq. Dayron Silverio, Esq. PODHURST ORSECK, P.A. One S.E. 3rd Avenue, Suite 2300 Miami, FL 33131 Telephone: (305) 358-2800 Email: pprieto@podhurst.com mweinshall@podhurst.com dsilverio@podhurst.com - and - Joseph G. Sauder, Esq. Joseph B. Kenney, Esq. Juliette T. Mogenson, Esq. SAUDER SCHELKOPF LLC 1109 Lancaster Avenue Berwyn, PA 19312 Telephone: (888) 711-9975 Facsimile: (610) 421-1326 Email: jgs@sstriallawyers.com jbk@sstriallawyers.com jtm@sstriallawyers.com JERICO PICTURES: Suhr Sues Over Alleged Private Data Breach ----------------------------------------------------------- MICHAEL SUHR, individually and on behalf all others similarly situated, Plaintiff v. JERICO PICTURES, INC. d/b/a NATIONAL PUBLIC DATA, Defendant, Case No. 0:24-cv-61492-AHS (S.D. Fla., August 15, 2024) arises from Defendant's failures to properly secure, safeguard, encrypt, and/or timely and adequately destroy Plaintiff's and Class Members' sensitive personal identifiable information that it had acquired and stored for its business purposes, resulting in a 2024 data breach of documents and information stored on its network. The Defendant's website notice specifies that an unauthorized actor had been attempting to access its network sometime since December 2023 and was able to extract certain data from the network around April 2024 through the Summer of 2024. However, it is unclear whether Defendant had known about the hacking attempts since December 2023 at the time of occurrence. Accordingly, the Plaintiff brings this action against Defendant for negligence, breach of implied contract, unjust enrichment, and declaratory relief, seeking redress for Defendant's unlawful conduct. Jerico Pictures, Inc. is a background checking company headquartered in Coral Springs, FL. [BN] The Plaintiff is represented by: Adam C. Linkhorst, Esq. LINKHORST LAW FIRM, P.A. 4495 Military Trail, Suite 106 Jupiter, FL 33458 Telephone: (516) 626-8880 E-mail: acl@floridahardhatlaw.com - and - Ra O. Amen, Esq. MASON LLP 5335 Wisconsin Avenue, NW, Suite 640 Washington, DC 20015 Telephone: (202) 429-2290 E-mail: ramen@masonllp.com JUST MIKE'S: Sekala Seeks to Recover Unpaid Minimum, OT Wages ------------------------------------------------------------- NOAH SEKALA, individually and on behalf of those similarly situated, Plaintiff v. JUST MIKE'S JERKY COMPANY, INC., Defendant, Case No. 1:24-cv-01369 (N.D. Ohio, August 9, 2024) is an action for unpaid minimum wages, overtime compensation, liquidated damages, declaratory relief and other relief under the Fair Labor Standards Act and the Ohio Prompt Pay Act. The Plaintiff was employed by Defendant as a non-exempt employee from approximately May 2023 through April 2024. He asserts that Defendant had/has a common pay policy and/or pay practice that fails to pay its hourly employees for all hours worked and/or overtime wages earned, in violation of the FLSA. Just Mike's Jerky Company, Inc. employs numerous hourly employees who perform duties to include the production of jerky for sale.[BN] The Plaintiff is represented by: J. Corey Asay, Esq. HKM EMPLOYMENT ATTORNEYS LLP 312 Walnut Street, Suite 1600 Cincinnati, OH 45202 Telephone: (513) 318-4496 Facsimile: (513) 318-4496 E-mail: casay@hkm.com KLAR & CO: Nisimova Sues Over Cosmetics' Collagen Misrepresentation ------------------------------------------------------------------- MAZOL NISIMOVA, individually and on behalf of all others similarly situated, Plaintiff v. KLAR & CO LLC, Defendant, Case No. 1:24-cv-05849-BMC (E.D.N.Y., August 21, 2024) is a class action against the Defendant for violations of State Consumer Protection Statues and New York's General Business Law. The case arises from the Defendant's false, deceptive, and misleading advertising, labeling, and marketing of Azure "Collagen" cosmetics. The Defendant represents the cosmetics that they contain collagen. In reality, the products use a fake imitation of collagen derived from a synthetic extract of the bark and stems of the Acacia seyal tree. As a result of the Defendant's deceptive acts, the Plaintiff and Class members suffered economic injury. They would not have purchased the products had they known that the cosmetics do not contain collagen at all, says the suit. Klar & Co LLC is a manufacturer of skincare products based in Florida. [BN] The Plaintiff is represented by: Adrian Gucovschi, Esq. Benjamin Rozenshteyn, Esq. Nathaniel Haim Sari, Esq. GUCOVSCHI ROZENSHTEYN, PLLC 140 Broadway, Suite 4667 New York, NY 10005 Telephone: (212) 884-4230 Email: adrian@gr-firm.com ben@gr-firm.com nsari@gr-firm.com LAUNCH PAD: Faces Hoar Suit Over Automatic Subscription Renewal --------------------------------------------------------------- TIMOTHY HOAR, on behalf of himself and all others similarly situated, Plaintiff v. LAUNCH PAD PAYMENT SERVICES CORPORATION and HOTMART BV, Defendant, Case No. 1:24-cv-06195 (S.D.N.Y., August 15, 2024) is a class action against Hotmart regarding its automatic renewal scheme with respect to Hotmart products and subscriptions. The Plaintiff alleges that Hotmart deceptively enrolls customers into automatically renewing subscriptions in violation of state automatic renewal protection laws. Customers who purchase products and services using the Hotmart platform are not aware that they will be enrolled in automatically renewing subscriptions at the time of purchase. Further, Hotmart violates New York automatic renewal laws by enrolling consumers in automatic-renewal or continuous service subscriptions without providing the "clear and conspicuous" disclosures mandated by New York law. Hotmart's failure to disclose the terms of its subscriptions and its unauthorized charges also violate the Washington Consumer Protection Act and the Electronic Funds Transfer Act, says the suit. Launch Pad Payment Services Corporation is a payment processing company that processes payments for Hotmart. Hotmart BV is a Dutch global technology company.[BN] The Plaintiff is represented by: Daniel Martin, Esq. Jeffrey D. Kaliel, Esq. Sophia G. Gold, Esq. KALIELGOLD PLLC 1100 15th Street NW, 4th Floor Washington, D.C. 20005 Telephone: (202) 350-4783 E-mail: dmartin@kalielgold.com jkaliel@kalielpllc.com sgold@kalielgold.com - and - Christopher D. Jennings, Esq. Tyler B. Ewigleben, Esq. Winston S. Hudson, Esq. JENNINGS PLLC 500 President Clinton Avenue, Suite 110 Little Rock, AR 72201 Telephone: (601) 270-0197 E-mail: chris@jenningspllc.com tyler@jenningspllc.com winston@jenningspllc.com LIBERTY MUTUAL: Illegally Collects Consumer Debt, Sandford Says --------------------------------------------------------------- ROBERT SANDFORD, individually and on behalf of all those similarly situated, Plaintiff v. LIBERTY MUTUAL INSURANCE COMPANY, Defendant, Case No. 204731306 (Fla. Cir., 11th Judicial, Miami-Dade Cty., August 14, 2024) is a class action against the Defendant for violation of the Florida Consumer Collection Practices Act. According to the complaint, the Defendant sent an electronic communication to Plaintiff in connection with the collection of a consumer debt. The electronic communication was sent to Plaintiff between the hours of 9:00 PM and 8:00 AM in the time zone of Plaintiff. The Defendant did not have the consent of Plaintiff to communicate with him between the said hours. As such, by and through the electronic communication, Defendant violated the FCCPA, says the suit. The Plaintiff is the alleged debtor of the consumer debt. Liberty Mutual Insurance Company provides insurance services.[BN] The Plaintiff is represented by: Jibrael S. Hindi, Esq. Zane C. Hedaya, Esq. Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Telephone: (954) 907-1136 E-mail: jibrael@jibraellaw.com zane@jibraellaw.com gerald@jibraellaw.com LIFEMD INC: Faces Bronstin Suit Over Unwanted Text Message Calls ---------------------------------------------------------------- ASHER BRONSTIN, individually and on behalf of all others similarly situated v. LIFEMD, INC. d/b/a RexMD, Case No. 1:24-cv-06277 (S.D.N.Y., Aug. 20, 2024) contends that the Defendant promotes and markets its merchandise, in part, by sending telemarketing text message calls to wireless phone users, in violation of the Telephone Consumer Protection Act. The suit claims that the Plaintiff has never been a customer of Rex. Despite this, the Plaintiff received at least 43 text message calls from Rex between Nov. 21, 2022 and present from the SMS "short code" 61868. The Plaintiff's telephone number is a residential, non-commercial telephone number. The Plaintiff's telephone number has been listed on the National Do Not Call Registry since he listed it there on Feb. 3, 2021, more than 31 days prior to the calls at issue, the suit adds. Moreover, the Plaintiff never provided his consent or requested the text message calls. The Plaintiff and the Class have been harmed by the acts of Defendant because their privacy has been violated and they were annoyed and harassed. In addition, the calls occupied their telephone message space, storage space, and bandwidth, rendering them unavailable for legitimate communication, including while driving, working, and performing other critical tasks, asserts the suit. LifeMD is a direct-to-patient telehealth technology company.[BN] The Plaintiff is represented by: Andrew Roman Perrong, Esq. PERRONG LAW LLC 2657 Mount Carmel Avenue Glenside, PA 19038 Telephone: (215) 225-5529 Facsimile: (888) 329-0305 E-mail: a@perronglaw.com LINCOLN NATIONAL: Settlement Deal in VLF Suit for Court Approval ---------------------------------------------------------------- Lincoln National Corp. disclosed in its Form 10-Q Report for the quarterly period ending June 30, 2024 filed with the Securities and Exchange Commission on August 1, 2024, that the Vida Longevity Fund class suit settlement agreement is subject to approval of the U.S. District Court for the Southern District of New York. Vida Longevity Fund, LP v. Lincoln Life & Annuity Company of New York, pending in the U.S. District Court for the Southern District of New York, No. 1:19-cv-06004, is a putative class action that was filed on June 27, 2019. Plaintiff alleges that Lincoln Life & Annuity Company of New York ("LLANY") charged more for non-guaranteed cost of insurance than was permitted by the policies. On March 31, 2022, the court issued an order granting plaintiff's motion for class certification and certified a class of all current or former owners of six universal life insurance products issued by LLANY that were assessed a cost of insurance charge any time on or after June 27, 2013. Plaintiff seeks damages on behalf of the class. On April 19, 2023, LLANY filed a motion for summary judgment. On March 7, 2024, the parties in Glover v. Connecticut General Life Insurance Company and The Lincoln National Life Insurance Company (discussed above) entered into a settlement agreement, which is subject to court approval. The provisional settlement encompasses policies that are at issue in this case, as the Glover Lincoln is a holding company which operates multiple insurance and retirement businesses through subsidiary companies.[BN] LOS ANGELES, CA: Lee Suit Removed to C.D. California ---------------------------------------------------- The case styled as Jessica Lee, on behalf of herself and all others similarly situated v. CITY OF LOS ANGELES, a California municipality; and DOES 1 through 100, INCLUSIVE, Case No. 24STCV08784 was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the United States District Court for the Central District of California on Aug. 19, 2024, and assigned Case No. 2:24-cv-07032. The Plaintiff's cause of action for violation of the Fair Labor Standards Act. Plaintiff also alleges state law claims in the first and third causes of action of the Complaint for Withholding of Wages in violation of Labor Code and Breach of Contract in violation of Labor Code.[BN] The Defendants are represented by: Hydee Feldstein Soto, Esq. Denise C. Mills, Esq. Kathleen Kenealy, Esq. Aneta Freeman, Esq. Brian Levine, Esq. Ha Nguyen, Esq. 200 North Main Street, City Hall East – 7th Floor Los Angeles, CA 90012 Phone: 213.978.8200 Fax: 213.978.8216 Email: b.levine@lacity.org LULULEMON ATHLETICA: Patel Suit Hits Share Price Drop ----------------------------------------------------- PRATHIK PATEL, individually and on behalf of all others similarly situated, Plaintiff v. LULULEMON ATHLETICA INC., CALVIN MCDONALD, and MEGHAN FRANK, Defendants, Case No. 1:24-cv-06033 (S.D.N.Y., August 8, 2024) is a class action on behalf of the Plaintiff and all persons and entities that purchased or otherwise acquired Lululemon securities between December 7, 2023 and July 24, 2024, inclusive, pursuing claims against the Defendants under the Securities Exchange Act of 1934. According to the complaint, throughout the Class Period, the Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose to investors: (1) that the Company was struggling with inventory allocation issues and color palette execution issues; (2) that, as a result, the Company's Breezethrough product launch underperformed; (3) that, as a result of the foregoing, the Company was experiencing stagnating sales in the Americas region; and (4) and Defendants' positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis. On this news, the Company's share price fell $24.74, or 9.09%, to close at $247.32 per share on July 25, 2024, on unusually heavy trading volume. As a result of Defendants' 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, the suit says. Lululemon Athletica Inc. is principally a designer, distributor, and retailer of technical athletic apparel, footwear, and accessories.[BN] The Plaintiff is represented by: Gregory B. Linkh, Esq. Rebecca Dawson, Esq. GLANCY PRONGAY & MURRAY LLP 230 Park Ave, Suite 358 New York, NY 10169 Telephone: (212) 682-5340 Facsimile: (212) 884-0988 E-mail: glinkh@glancylaw.com rdawson@glancylaw.com - and - Robert V. Prongay, Esq. Charles H. Linehan, Esq. 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 - and - Frank R. Cruz, Esq. THE LAW OFFICES OF FRANK R. CRUZ 2121 Avenue of the Stars, Suite 800 Century City, CA 90067 Telephone: (310) 914-5007 MAJOR LEAGUE: Discloses Video Habits to Meta, Golland Suit Says --------------------------------------------------------------- AARON GOLLAND, TIMOTHY PARKER, JOSE SANTIAGO, and LANCE SMITH, on behalf of themselves and all others similarly situated, Plaintiffs v. MAJOR LEAGUE BASEBALL ADVANCED MEDIA, L.P., Defendant, Case No. 1:24-cv-06270 (S.D.N.Y., August 20, 2024) is a class action against the Defendants for violation of the Video Privacy Protection Act. According to the complaint, the Defendant has disclosed to Meta Platforms, Inc. (Facebook) information regarding the video viewing habits of the subscribers of its website, mlb.com, without consent. The Defendant embedded within the website a "Meta Pixel" that was provided by Facebook. That pixel tracked the Plaintiffs' and the Class members' video viewing history while on the website and reported their viewing history to Facebook. As a result, the Defendant violated the Plaintiffs' and the Class members' statutorily protected privacy rights, says the suit. Major League Baseball Advanced Media LP is a limited partnership of the club owners of Major League Baseball, headquartered in New York, New York. [BN] The Plaintiffs are represented by: Frank S. Hedin, Esq. Arun G. Ravindran, Esq. Elliot O. Jackson, Esq. HEDIN LLP 1395 Brickell Ave., Suite 610 Miami, FL 33131 Telephone: (305) 357-2107 Facsimile: (305) 200-8801 Email: fhedin@hedinllp.com aravindran@hedinllp.com ejackson@hedinllp.com MARINEMAX INC: Niblock Alleges Insufficient Personal Info Security ------------------------------------------------------------------ KEVIN J. NIBLOCK, individually and on behalf of all others similarly situated, Plaintiff v. MARINEMAX, INC., Defendant, Case No. 8:24-cv-01955-WFJ-NHA (M.D. Fla., August 20, 2024) is a class action against the Defendant for negligence, breach of implied contract, invasion of privacy, unjust enrichment, breach of fiduciary duty, violation of Florida Deceptive and Unfair Trade Practices Act, and declaratory judgment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach from March 1, 2024, until March 10, 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, the suit says. MarineMax, Inc. is a boat dealer headquartered in Clearwater, Florida. [BN] The Plaintiff is represented by: Mariya Weekes, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Avenue, 2nd Floor Coral Gables, FL 33134 Telephone: (786) 879-8200 Facsimile: (786) 879-7520 Email: mweekes@milberg.com - and - Brittany Resch, Esq. STRAUSS BORRELLI, PLLC 980 N. Michigan Avenue, Suite 1610 Chicago, IL 60611 Telephone: (872) 263-1100 Facsimile: (872) 263-1109 Email: bresch@straussborrelli.com MDL 3121: Allegiance Health Insurance Suit Moved to N.D. Illinois ----------------------------------------------------------------- A transfer order was issued on Aug. 1, 2024 from MDL Panel establishing MDL 3121 (master docket Case No. 24c6795), in the case captioned as ALLEGIANCE HEALTH MANAGEMENT, INC.; ELMORE COMMUNITY HOSPITAL RURAL HEALTH ASSOCIATION DOING BUSINESS AS: ELMORE COMMUNITY HOSPITAL; STEVEN SHOSHANY; FIRST RESPONDERS WELLNESS CENTER, LLC; PEAK CHIROPRACTIC HEALTH AND WELLNESS LLC; ADVENTIST HEALTH SYSTEM SUNBELT HEALTHCARE CORPORATION; CURTIS F. ROBINSON M.D., INC.; META WELLNESS INC.; DOING BUSINESS AS: LUX RECOVERY OUTPATIENT; HILLSIDE RECOVERY CENTER LLC; AMS PRO GROUP LLC; INSPIRE RECOVERY CENTER INC.; HOLY ADDICTION CARE CENTER, INC.; ADVANCED ORTHOPEDIC CENTER, INC.; VANITY WELLNESS CENTER INCORPORATED; VANITY DETOX CENTER INC.; LNA REALTY INC.; UPLIFT RECOVERY CENTER, LLC; THE OHANA RETREAT LLC; TARZANA RECOVERY CENTER; individually and on behalf of all others similarly situated, Plaintiffs v. MULTIPLAN, INC.; AETNA, INC.; ELEVANCE HEALTH, INC.; CENTENE CORPORATION; CIGNA GROUP; HEALTH CARE SERVICE CORPORATION; UNITEDHEALTH GROUP, INC.; KAISER PERMANENTE LLC; KAISER FOUNDATION HEALTH PLAN, INC.; MULTIPLAN CORP.; VIANT INC.; VIANT PAYMENT SYSTEMS, INC.; NATIONAL CARE NETWORK, LP; NATIONAL CARE NETWORK, LLC; HUMANA INC.; BLUE CROSS BLUE SHIELD OF MICHIGAN MUTUAL INSURANCE CO.; HEALTH ALLIANCE MEDICAL PLANS, INC.; MULTIPLAN CORPORATION; LLVALERIO; Defendants. The Executive Committee issued an order reassigning the case from Judge Pacold to Judge Matthew F. Kennelly in MDL 3121 (24 CV 6795 (N.D. Ill.), In Re: Multiplan Health Insurance Provider Litigation) and the designated Magistrate Judge M. David Weisman. MultiPlan, Inc. provides healthcare cost management solutions. The Company specializes in providing claim cost management solutions for controlling the financial risks associated with medical bills. MultiPlan also offers primary preferred provider organization (PPO) network solutions for accessing hospitals, ancillary care facilities, and healthcare professionals in the United States. The Plaintiff is represented by: Amanda Kate Klevorn, Esq. BURNS CHAREST LLP 365 Canal Street Suite 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Email: aklevorn@burnscharest.com MENARDS INC: Website Inaccessible to Blind, Frost Suit Alleges -------------------------------------------------------------- Clarence and Tammy Frost, individually and on behalf of all others similarly situated v. Menards Inc., Case No. 0:24-cv-03345 (D. Minn., Aug. 20, 2024) alleges that the Defendant's Website (www.menards.com) is not fully and equally accessible to people who are blind or who have low vision in violation of both the general non-discriminatory mandate and the effective communication and auxiliary aids and services requirements of the Americans with Disabilities Act and its implementing regulations, and the Minnesota Human Rights Act. As a consequence of the Plaintiffs experience visiting Defendant's Website, including in the past year, and from an investigation performed on their behalf, the Plaintiffs found the Defendant's Website has a number of digital barriers that deny screen-reader users like the Plaintiffs full and equal access to important Website content -- content the Defendant makes available to its sighted Website users, the suit says. The Plaintiffs and the putative class have been, and in the absence of injunctive relief will continue to be, injured, and discriminated against by the Defendant's failure to provide its online Website content and services in a manner that is compatible with screen reader technology, added the suit. Accordingly, the Plaintiffs seek a permanent injunction requiring a change in the Defendant's corporate policies to cause its online store to become, and remain, accessible to individuals with visual disabilities; a civil penalty payable to the state of Minnesota pursuant to Minn. Stat. 363A.33, Subd. 6 and Minn. Stat. section 363A.29, subd. 4 (2023); damages, and a damage multiplier pursuant to Minn. Stat. section 363A.33, subd. 6 (2023), and Minn. Stat. section 363A.29, subd. 4 (2023). Menards offers home improvement material and accessories for sale including, but not limited to, lumber, doors, plumbing, electrical, flooring, furniture, and more.[BN] The Plaintiffs are represented by: Chad A. Throndset, Esq. Patrick W. Michenfelder, Esq. Jason Gustafson, Esq. THRONDSET MICHENFELDER, LLC 80 S. 8th Street, Suite 900 Minneapolis, MN 55402 Telephone: (763) 515-6110 E-mail: pat@throndsetlaw.com chad@throndselaw.com jason@throndsetlaw.com MICHAELS STORES: Azizian Alleges Labor Code Violations ------------------------------------------------------ HAIK TAHMASEB AZIZIAN, an individual and on behalf of all others similarly situated, Plaintiff v. MICHAELS STORES, INC., a Delaware corporation; DAVID ESCALON, an individual and DOES 1 through 100, inclusive, Defendants, Case No. 24STCV20527 (Cal. Super., Los Angeles Cty., August 14, 2024) accuses the Defendants of violating the California Labor Code. Plaintiff Azizian worked for Defendants from approximately December of 2023 through approximately January of 2024. Allegedly, the Defendants failed to accurately track and/or pay for all hours Plaintiff actually worked at the proper overtime rate of pay. Among other things, he also failed to provide Plaintiff compliant meal periods, says the Plaintiff. Michaels Stores, Inc. operates a chain of arts and crafts stores in North America. [BN] The Plaintiff is represented by: David D. Bibiyan, Esq. Jeffrey D. Klein, Esq. Michelle S. Lim, Esq. BIBIYAN LAW GROUP, P.C. 1460 Westwood Boulevard Los Angeles, California 90024 Telephone: (310) 438-5555 Facsimile: (310) 300-1705 E-mail: jeff@tomorrowlaw.com david@tomorrowlaw.com michelle@tomorrowlaw.com MITSUBISHI ELECTRIC: Fails to Pay Proper Wages, Thomas Claims ------------------------------------------------------------- JASON THOMAS, individually and on behalf of those similarly situated, Plaintiff v. MITSUBISHI ELECTRIC AUTOMOTIVE AMERICA, INC., Defendant, Case No. 1:24-cv-00422-DRC (S.D. Ohio, August 9, 2024) is an action under the Fair Labor Standards Act and the Ohio Prompt Pay Act to recover unpaid minimum and overtime wages owed to Plaintiff and all other similarly situated workers employed by Defendant. The Plaintiff previously has been employed by Defendant from approximately June 22, 2019 to the present. During his employment, the Plaintiff and those similarly situated worked 40 or more hours in one or more workweeks. Defendant has a common pay policy and/or pay practice that fails to pay its hourly employees for all hours worked and/or overtime wages earned, says the Plaintiff. Mitsubishi Electric Automotive America Inc. is a company that manufactures and sells electrical and electronic products and systems used in automobiles.[BN] The Plaintiff is represented by: J. Corey Asay, Esq. HKM EMPLOYMENT ATTORNEYS LLP 312 Walnut Street, Suite 1600 Cincinnati, OH 45202 Telephone: (513) 318-4496 Facsimile: (513) 318-4496 E-mail: casay@hkm.com MULTIPLAN INC: Hillside Suit Moved From S.D.N.Y. to N.D. Illinois ----------------------------------------------------------------- The case styled HILLSIDE RECOVERY CENTER LLC, on behalf of itself and all others similarly situated v. MULTIPLAN, INC., AETNA, INC., THE CIGNA GROUP, UNITEDHEALTH GROUP INCORPORATED, and ELEVANCE HEALTH, INC., Case No. 1:24-cv-04387, was transferred from the U.S. District Court for the Southern District of New York to the U.S. District Court for the Northern District of Illinois on August 21, 2024. The Clerk of Court for the Northern District of Illinois assigned Case No. 1:24-cv-07155 to the proceeding. According to the complaint, beginning in or around 2015, the Defendants entered into and engaged in an unlawful contract, combination, or agreement, in restraint of interstate trade and commerce in violation of Section 1 of the Sherman Act. Specifically, the Defendants have combined to form a cartel to artificially suppress out-of-network reimbursement rates paid to healthcare providers across the United States and exchanged non-public and competitively sensitive information with one another in order to accomplish that purpose. The Defendants' conduct was allegedly undertaken with the intent, purpose, and effect of artificially suppressing out-of-network reimbursement rates below the competitive level. As a result of the Defendants' cartel, the Plaintiff and Class members suffered damages in form of artificially suppressed reimbursement rates. Hillside Recovery Center LLC is a treatment center operator based in Woodland Hills, California. MultiPlan, Inc. is a publicly traded entity based in New York, New York. Aetna, Inc. is a commercial health insurance company headquartered in Hartford, Connecticut. The Cigna Group is a health insurance company headquartered in Broomfield, Connecticut. UnitedHealth Group Incorporated is a health insurance company headquartered in Minnetonka, Minnesota. Elevance Health, Inc. is a health insurance company headquartered in Indianapolis, Indiana. [BN] The Plaintiff is represented by: Matthew M. Lavin, Esq. ARNALL GOLDEN GREGORY LLP 1775 Pennsylvania Ave. NW, Suite 1000 Washington, DC 20006 Telephone: (202) 677-4030 Facsimile: (202) 677-4031 Email: matt.lavin@agg.com - and - Hunter Shkolnik, Esq. NS PR LAW SERVICES, LLC 1302 Avenida Ponce de Leon Santurce, PR 00907 Telephone: (787) 493-5088 Facsimile: (646) 843-7603 Email: Hunter@NSPRLaw.com NATERA INC: In-Person Hearing Set for Sept. 19 ---------------------------------------------- In the class action lawsuit captioned as John Harvey Schneider, et al. v. Natera, Inc., et al., Case No. 1:22-cv-00398-DAE (W.D. Tex.), the Hon. Judge Dustin Howell entered an order directing the parties to appear for an in-person hearing before the undersigned on Friday, Sept. 19, 2024, at 10:00AM. The hearing will last no more than 2 hours with each side afforded 1 hour to make its arguments. The parties are advised and hereby placed on notice that the undersigned may award expenses against any party that is uncooperative in discovery. Natera is a clinical genetic testing company that specializes in non-invasive, cell-free DNA testing technology, with a focus on women's health, cancer, and organ health. A copy of the Court's order dated Aug. 15, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=twyWBx at no extra charge.[CC] NEIMAN MARCUS: Sherman Sues Over Compromised Customers' Info ------------------------------------------------------------ JAMILLAH SHERMAN, individually and on behalf of all others similarly situated, Plaintiff v. THE NEIMAN MARCUS GROUP LLC, Defendant, Case No. 1:24-cv-00959-UNA (D. Del., August 20, 2024) is a class action against the Defendant for breach of implied contract, negligence, negligence per se, breach of fiduciary duty, unjust enrichment, and declaratory judgment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) of the Plaintiff and similarly situated individuals stored within the servers of its data storage partner, Snowflake, following a data breach between April and May of 2024. The Defendant also failed to timely notify the Plaintiff and similarly situated individuals about the data breach. As a result, the private information of the Plaintiff and Class members was compromised and damaged through access by and disclosure to unknown and unauthorized third parties, says the suit. The Neiman Marcus Group LLC is a luxury retail store operator based in Delaware. [BN] The Plaintiff is represented by: Scott M. Tucker, Esq. Robert J. Kriner, Jr., Esq. CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP 2711 Centerville Rd., Suite 201 Wilmington, DE 19808 Telephone: (302) 656-2500 Email: smt@chimicles.com rjk@chimicles.com - and - Steven A. Schwartz, Esq. Beena M. McDonald, Esq. Alex M. Kashurba, Esq. Marissa N. Pembroke, Esq. CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP One Haverford Centre 361 Lancaster Avenue Haverford, PA 19041 Telephone: (610) 642-8500 Email: steveschwartz@chimicles.com bmm@chimicles.com amk@chimicles.com mnp@chimicles.com - and - James J. Rosemergy, Esq. CAREY, DANIS & LOWE 8235 Forsyth, Suite 1100 St. Louis, MO 63105 Telephone: (314) 725-7700 Facsimile: (314) 721-0905 Email: jrosemergy@careydanis.com NETSPEND HOLDINGS: Uses Trap & Trace Without Consent, Hughes Says ----------------------------------------------------------------- DANA HUGHES, individually and on behalf of all others similarly situated, Plaintiff v. NETSPEND HOLDINGS, INC., a Georgia corporation; and DOES 1 through 25, inclusive, Defendants, Case No. 2:24-cv-07065 (C.D. Cal., August 20, 2024) is a class action against the Defendants for violation of California Trap and Trace Law. The case arises from Netspend Holdings' failure to obtain the express or implied consent of its website visitors before using a trap and trace technology to identify users of its website. The Defendant uses a trap and trace process on its website by deploying the TikTok Software on its website to capture the phone number, email, routing, addressing and other signaling information of website visitors. As such, the TikTok Software is designed precisely to identify the source of the incoming electronic and wire communications to the website. As a result of the Defendant's omissions, the Plaintiff and Class members are harmed, the suit asserts. Netspend Holdings, Inc. is a financial services company doing business in California. [BN] The Plaintiff is represented by: Robert Tauler, Esq. Narain Kumar, Esq. TAULER SMITH LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA 90017 Telephone: (213) 927-9270 Email: robert@taulersmith.com nkumar@taulersmith.com NEW FAST EXPERT: Angulo et al. Sue Over Labor Law Breaches ---------------------------------------------------------- ALFONSO RAMOS ANGULO, WEYMAR POTES, RAMON ANTONIO ABREU VELASQUEZ, RENNY JOSE VELASQUEZ, Plaintiffs v. NEW FAST EXPERT MANAGEMENT CORP d/b/a Fast Track Management Corp., NFT EXPERT MANAGEMENT CORP., FAST TRACK EXPRESS & CARGO SERVICES, INC., SFA EXPERT MANAGEMENT CORP., FAST TRACK EXPRESS INC., NAILA ANWAR, EBEZA ALI a/k/a Ali W. Ebeza, SYED ATIF NAQVI A/K/A SYED ATIF ABBAS, SHAWN ZAIDI and SYED TASHFAIN KAZMI, Defendants, Case No. 1:24-cv-05694 (E.D.N.Y., August 14, 2024) seeks to remedy Defendants' alleged violations of the Fair Labor Standards Act and the New York State Labor Law. The Defendants operate shipping warehouses at two locations where the Plaintiffs and other similarly situated employees worked as clerks and laborers moving and assembling packages and pallets of goods for storage. Allegedly, the Defendants willfully and maliciously directed Plaintiffs' managers to pay substandard wages and to create false misleading time and pay records. Among other things, the Defendants failed to provide Plaintiffs and the Class Members with the notices required by NYLL, says the suit. New Fast Expert Management Corp operates shipping warehouses in Springfield Gardens, NY. [BN] The Plaintiffs are represented by: Colin Mulholland, Esq. 36-36 33rd Street, Suite 308 Astoria, NY 11106 Telephone: (347) 687-2019 - and - Gennadiy Naydenskiy, Esq. NAYDENSKIY LAW FIRM, LLC 426 Main St, #201 Spotswood, NJ, 08884 Telephone: (718) 808-222 NEW YORK DIALYSIS: Underpays Patient Care Technicians, Rosado Says ------------------------------------------------------------------ CRISTIAN ROSADO, individually and for all others similarly situated v. NEW YORK DIALYSIS SERVICES, INC., Case No. 1:24-cv-06174 (S.D.N.Y., August 14, 2024) arises from the failure of the Defendant to pay Plaintiff and similarly situated workers overtime compensation for hours worked in excess of 40 in a workweek and to pay timely wages in violation of the Fair Labor Standards Act and the New York Labor Law. Plaintiff Rosado was employed by the Defendant as a patient care technician. Throughout his employment, NYDS has classified him as non-exempt and paid him by the hour. He brings this class and collective action on behalf of himself and other similarly situated manual workers whom NYDS subjected to its auto-deduction policy and/or failure to timely pay their earned wages. New York Dialysis Services, Inc. is a medical care services company.[BN] The Plaintiff is represented by: Brent E. Pelton, Esq. PELTON GRAHAM LLC 111 Broadway, Suite 1503 New York, NY 10006 Telephone: (212) 385-9700 - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. Richard M. Schreiber, 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 rschreiber@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 NOAH CLOTHING: Blind Can't Access Online Store, Agnone Suit Claims ------------------------------------------------------------------ PASQUALE AGNONE, on behalf of himself and all others similarly situated, Plaintiff v. NOAH CLOTHING, LLC, Defendant, Case No. 2:24-cv-05825 (E.D.N.Y., August 21, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law and declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.noahny.com/, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: ambiguous link texts, changing of content without advance warning, unclear labels for interactive elements, lack of descriptive alt-text on graphics, the denial of keyboard access for some interactive elements, and the requirement that some actions be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Noah Clothing, LLC is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Uri Horowitz, Esq. 14441 70th Road Flushing, NY 11367 Telephone: (718) 705-8706 Facsimile: (718) 705-8705 Email: Uri@Horowitzlawpllc.com NORTHERN VALLEY: Thompson Sues Over Unpaid Overtime, Minimum Wages ------------------------------------------------------------------ Lawrence Thompson, an individual, on his own behalf and on behalf of all others similarly situated v. NORTHERN VALLEY CATHOLIC SOCIAL SERVICE, INC., a California non-profit corporation; ALLIANCE FOR WORKFORCE DEVELOPMENT, INC., a California non-profit corporation; and DOES 1 through 100, inclusive, Case No. 24CV02468 (Cal. Super. Ct., Butte Cty., July 24, 2024), is brought under California law to recover wages from Defendants due to Defendants' systematic failure to: pay overtime wages, minimum wages, provide meal and rest breaks (or pay the statutory compensation due), issue accurate wage statements, pay all wages upon termination, reimburse business expenses, and reporting time pay. The Plaintiff, like his co-workers whom Defendants also employed during the applicable limitations period, spend their workdays as Disaster Case Managers and other employees, under illegal and highly regimented circumstances. That regimen results from Defendants' insistence to strictly monitor and curtail labor costs, which Defendant accomplished by not paying for all labor costs, failing to pay overtime wages due to off the clock work, minimum wages due to rounding, failing to provide meal and rest breaks (or pay the statutory compensation due); failing to issue accurate wage statements, failing to pay all wages on termination, failing to reimburse business expenses, failing to pay reporting time pay and by using other unlawful stratagems to ensure that labor costs remain artificially low, says the complaint. The Plaintiffs have worked as Disaster Case Managers and other employees for Defendants in California. The Defendant NVCSS is a California non-profit corporation.[BN] The Plaintiff is represented by: Kevin A. Lipeles, Esq. Thomas H. Schelly, Esq. LIPELES LAW GROUP, APC 880 Apollo Street, Suite 336 El Segundo, CA 90245 Phone: (310) 322-2211 Fax: (310) 322-2252 NORTHERNEASTERN LLC: Leatherman Sues Over Property's Access Barrier ------------------------------------------------------------------- ALLISON LEATHERMAN, on behalf of herself and all others similarly situated, Plaintiff v. NORTHERNEASTERN LLC, Defendant, Case No. 3:24-cv-01422 (N.D. Ohio, August 21, 2024) is a class action against the Defendant for violations of the Americans with Disabilities Act. According to the complaint, the Defendant has failed to design, construct, maintain, and operate their facilities to be fully accessible to and independently usable by the Plaintiff and other persons with disabilities. The Defendant has continued to discriminate against people who are disabled in ways that block them from access and use of their property and businesses. The Plaintiff and similarly situated disabled individuals encountered architectural barriers in common areas such as accessible routes and parking and public restrooms. The Plaintiff and Class members seek injunctive relief to remove the existing architectural barriers to the physically disabled when such removal is readily achievable for its place of public accommodation. Northerneastern LLC is a company that owns and/or operates a bar known as Outpost Tavern, located at 5808 Woodville Rd., Northwood, Ohio. [BN] The Plaintiff is represented by: Owen B. Dunn, Jr., Esq. LAW OFFICES OF OWEN DUNN, JR. The Offices of Unit C 6800 W. Central Ave., Suite C-1 Toledo, OH 43617 Telephone: (419) 241-9661 Facsimile: (419) 241-9737 Email: obdjr@owendunnlaw.com NORTHROP GRUMMAN: Mclaughlin Files TCPA Suit in S.D. Florida ------------------------------------------------------------ A class action lawsuit has been filed against Northrop Grumman Systems Corporation. The case is styled as Darnell Mclaughlin an individual on behalf of himself and others similarly situated v. Northrop Grumman Systems Corporation, Case No. 24STCV18167 (Cal. Super. Ct., Los Angeles Cty., July 24, 2024). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." Northrop Grumman Systems Corporation -- https://www.northropgrumman.com/ -- designs, develops, and manufactures various defense electronics and systems.[BN] The Plaintiff is represented by: Kelsey M. Szamet, Esq. KINGSLEY, SZAMET & LY 16133 Ventura Blvd., Ste. 1200 Encino, CA 91436-2416 Phone: 818-990-8300 Fax: 818-990-2903 Email: kelsey@kingsleylawyers.com NRT LLC: Bid to Modify Class Definition Denied w/o Prejudice ------------------------------------------------------------ In the class action lawsuit captioned as Chinitz v. NRT LLC, Case No. 3:19-cv-03309 (N.D. Cal., Filed June 11, 2019), the Hon. Judge James Donato entered an order denying without the prejudice the Plaintiffs' request to "modify the class definition." In effect, the request is an improper motion for reconsideration that does not satisfy any of the elements for that. The request was filed approximately one year after the Court's class certification order. The nature of suit states restrictions of use of telephone equipment.[CC] NYCLEANING SOLUTIONS: Faces Ojeda Wage-and-Hour Suit in S.D.N.Y. ---------------------------------------------------------------- ROSA OJEDA, individually and on behalf of all others similarly situated, Plaintiff v. NYCLEANING SOLUTIONS CORP. and FERNANDO PINTADO and MARIO SILVA, as individuals, Defendants, Case No. 1:24-cv-06155 (S.D.N.Y., August 14, 2024) arises from the Defendants alleged unlawful labor practices and policies in violation of the Fair Labor Standards Act and the New York Labor Law. The Plaintiff alleges the Defendants' failure to pay minimum and overtime wages, failure to pay wages for all hours worked, failure to pay wages owed on a weekly basis in which her wages were earned, failure to provide a written notice, and failure to furnish wage statements. The Plaintiff was employed by the Defendants from December 2009 until March 2023 as a cleaner and was dispatched to perform her duties in a commercial building in New York. NYCleaning Solutions Corp. provides commercial carpet cleaning services.[BN] The Plaintiff is represented by: Roman Avshalumov, Esq. HELEN F. DALTON & ASSOCIATES, PC 80-02 Kew Gardens Road, Suite 601 Kew Gardens, NY 11415 Telephone: (718) 263-9591 Facsimile: (718) 263-9598 OMNICORE HEALTH: Suess Files TCPA Suit in S.D. Florida ------------------------------------------------------ A class action lawsuit has been filed against Omnicore Health Benefits Agency LLC. The case is styled as Andrew Duncan Suess, on behalf of himself and others similarly situated v. Omnicore Health Benefits Agency LLC, Case No. 0:24-cv-61511-MD (S.D. Fla., Aug. 19, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Omnicore -- https://omnicorehealth.com/ -- is a healthcare digital marketing agency that works with a range of medical and healthcare practices to help reach their marketing goals through Paid Search (PPC), Organic Search (SEO), Paid Social, and Conversion-focused Web Design.[BN] The Plaintiff is represented by: Rachel E. Kaufman, Esq. KAUFMAN PA 400 NW 26th Street Miami, FL 33127 Phone: (305) 469-5881 Email: rachel@kaufmanpa.com - and - Avi Robert Kaufman, Esq. KAUFMAN P.A. 31 Samana Drive Miami, FL 33133 Phone: (305) 469-5881 Email: kaufman@kaufmanpa.com ORTHOFIX MEDICAL: Faces Bernal Suit Over 30% Drop of Stock Price ---------------------------------------------------------------- MATTHEW BERNAL, individually and on behalf of all others similarly situated, Plaintiff v. ORTHOFIX MEDICAL INC., JON C. SERBOUSEK, KEITH VALENTINE, JOHN BOSTJANCIC, and PATRICK KERAN, Defendants, Case No. 2:24-cv-00690-JRG (E.D. Tex., August 21, 2024) is a class action against the Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants made materially false and misleading statements regarding Orthofix's business, operations, and prospects in order to trade Orthofix common stock at artificially inflated prices between October 11, 2022, and September 12, 2023. Throughout the Class Period, the Defendants issued false and misleading statements and/or failed to disclose adverse facts about the company's management team. The Defendants concealed that Orthofix's management team was engaged in repeated inappropriate and offensive conduct that violated multiple code of conduct requirements, which was also inconsistent with the company's values and culture. When the truth emerged, the company's stock declined $5.62 per share, or over 30 percent, to close at $13.01 per share on September 13, 2023, on unusually heavy volume. As a result of the Defendants' wrongful acts and omissions, which caused the precipitous decline in the market value of the company's common stock, the Plaintiff and other Class members have suffered significant economic losses and damages, the suit alleges. Orthofix Medical Inc. is a global spine and orthopedics company headquartered in Lewisville, Texas. [BN] The Plaintiff is represented by: Thomas L. Laughlin, IV, Esq. Jonathan M. Zimmerman, Esq. Nicholas S. Bruno, Esq. SCOTT+SCOTT ATTORNEYS AT LAW LLP The Helmsley Building 230 Park Avenue, 17th Floor New York, NY 10169 Telephone: (212) 223-6444 Facsimile: (212) 223-6334 Email: tlaughlin@scott-scott.com jzimmerman@scott-scott.com nbruno@scott-scott.com - and - Brian J. Schall, Esq. THE SCHALL LAW FIRM 2049 Century Park East, Suite 2460 Los Angeles, CA 90067 Telephone: (310) 301-3335 Facsimile: (310) 388-0192 Email: brian@scott-scott.com - and - Andrea L. Fair, Esq. WARD, SMITH & HILL, PLLC 1507 Bill Owens Parkway Longview, TX 75604 Telephone: (903) 757-6400 Facsimile: (903) 757-2323 Email: andrea@wsfirm.com PATELCO CREDIT: Abenoja Sues Over Cyberattack and Data Breach ------------------------------------------------------------- Demetrio Abenoja, on behalf of himself and all others who are similarly situated v. PATELCO CREDIT UNION, Case No. 24CV084541 (Cal. Super. Ct., Alameda Cty., July 24, 2024), is brought arising out of a recent cyberattack and data breach ("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, including, at a minimum, name, address, contact information, Social Security Number and accounts numbers ("PII"). By collecting and retaining Plaintiff's and the Class Members' PII for its own financial benefit, Patelco assumed a duty to Plaintiff and the Class Members to implement and maintain reasonable and adequate security measures to secure, protect, and safeguard their PII against unauthorized access and disclosure. Patelco also had a duty to safeguard this PII under applicable case law, industry standards, and statutory obligations, including Section 5 of the Federal Trade Commission Act (the "FTC Act"). But Patelco breached those duties by, among other things, failing to implement and maintain reasonable security procedures and practices to protect the PII in its possession. The Data Breach was directly traceable to Patelco's failed to implement proper security protocols and, among other things, neglecting to implement adequate and reasonable measures to secure consumers' data systems against unauthorized intrusions; withholding disclosure regarding insufficiently robust computer systems and security practices to safeguard PII; omitting standard and reasonably available steps to prevent the Data Breach; and inadequately training its staff and employees on proper security measures. Patelco also neglected proper monitoring of its network, which could have detected the intrusion before the thieves exfiltrated the PII or potentially prevented the intrusion altogether. Because of Patelco's acts and omissions, Plaintiff's and the Class Members' PII is now in the hands of Now, Plaintiff and the Class Members must diligently monitor their financial accounts to thwart potential identity theft. They will need to bear out-of-pocket expenses for and spend time on credit monitoring, obtaining identity theft protection, retrieving and reviewing credit reports, and taking other protective measures—both now and in the future. Plaintiff and the Class Members have suffered diminished value to their bargain with Patelco, out-of-pocket expenses associated with protecting their privacy and security, and the value of their time spent addressing or mitigating the effects of the attack. Plaintiff and members of the Class have suffered irreparable harm, including the exposure of their PII to nefarious strangers and their significantly increased risk of identity theft, says the complaint. The Plaintiff has an account with Patelco and has provided his PII to Defendant Patelco in connection with his accounts. Patelco Credit Union is one of the largest credit unions in the nation, servicing communities across Northern California.[BN] The Plaintiff is represented by: Sabita J. Soneji, Esq. TYCKO & ZAVAREEI LLP 1970 Broadway, Suite 1070 Oakland, CA 94612 Phone: (510) 254-6808 Email: ssoneji@tzlegal.com PERMIAN RESOURCES: Short Suit Transferred to D. New Mexico ---------------------------------------------------------- The case styled as Melvin Short, on behalf of himself and all others similarly situated v. PERMIAN RESOURCES CORP. F/K/A CENTENNIAL RESOURCE DEVELOPMENT, INC.; CHESAPEAKE ENERGY CORPORATION; CONTINENTAL RESOURCES INC.; DIAMONDBACK ENERGY, INC.; EOG RESOURCES, INC.; HESS CORPORATION; OCCIDENTAL PETROLEUM CORPORATION; and PIONEER NATURAL RESOURCES COMPANY, Case No. 1:24-cv-04506 was transferred from the U.S. District Court for the Southern District of New York, to the U.S. District Court for the District of New Mexico on Aug. 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-00827-MLG-LF to the proceeding. The nature of suit is stated as Antitrust. Permian Resources Corporation -- https://permianres.com/ -- is an independent oil and natural gas company.[BN] The Plaintiff is represented by: Christian Hudson, Esq. CUNEO GILBERT & LADUCA LLP 4725 Wisconsin Ave. NW, Suite 200 Washington, DC 20016 Phone: (929) 258-7815 Email: christian@cuneolaw.com The Defendants are represented by: Devora W. Allon, Esq. KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, NY 10022 Phone: (212) 446-5967 Fax: (212) 446-4900 Email: devora.allon@kirkland.com POLLOS MARIO: Fails to Pay Waiters' Proper Wages, Martinez Says --------------------------------------------------------------- KEVIN MARTINEZ, on behalf of himself, FLSA Collective Plaintiffs, and the Class, Plaintiff v. POLLOS MARIO WOODHAVEN CORP. d/b/a POLLOS MARIO WOODHAVEN, POLLOS MARIO BRENTWOOD CORP. d/b/a POLLOS MARIO, L.I. POLLOS A LA BRAZA MARIO, LTD. d/b/a POLLOS MARIO, POLLOS A LA BRAZA MARIO INC. d/b/a POLLOS A LA BRASA MARIO, POLLOS MARIO CORPORATION d/b/a POLLOS MARIO, and OSCAR FRANCO, Defendants, Case No. 1:24-cv-05691 (E.D.N.Y., August 14, 2024) is brought by the Plaintiff pursuant to the Fair Labor Standards Act and the New York Labor Law to recover from Defendants: (1) unpaid wages, including overtime, due to timeshaving, (2) unpaid wages, including overtime, due to improper rounding, (3) unpaid wages, including overtime, due to invalid tip credit, (4) unpaid spread of hours premium, (5) unpaid wages due to improper meal credit deductions, (6) reimbursement of uniform purchase costs and maintenance expenses (7) statutory penalties due to WTPA violations, (8) liquidated damages, and (9) attorneys' fees and costs. The Plaintiff was hired to work as a waiter at Defendants' restaurant from July 2023 until April 2024 when he was terminated. Pollos Mario Woodhaven Corp., d/b/a Pollos Mario Woodhaven, is a family-owned chain of roasted chicken restaurants located in New York, New Jersey, and Florida.[BN] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Telephone: (212) 465-1180 Facsimile: (212) 465-1181 PROPER CLOTH: Pollitt Sues Over Blind's Equal Access to Website --------------------------------------------------------------- DEREK POLLITT, on behalf of himself and all others similarly situated, Plaintiff v. PROPER CLOTH, INC., Defendant, Case No. 1:24-cv-05793 (E.D.N.Y., August 20, 2024) is a class action against the Defendant for violations of Title III of the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law and declaratory relief. According to the complaint, the Defendant has failed to design, construct, maintain, and operate its website to be fully accessible to and independently usable by the Plaintiff and other blind or visually impaired persons. The Defendant's website, https://www.propercloth.com/, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: inaccurate heading hierarchy, incorrectly formatted lists, inaccurate focus order, ambiguous link texts, unclear labels for interactive elements, ambiguous alt-text on graphics, redundant links where adjacent links go to the same URL address, inaccessible contact information and the requirement that transactions be performed solely with a mouse, says the suit. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Proper Cloth, Inc. is a company that sells online goods and services, doing business in New York. [BN] The Plaintiff is represented by: Gabriel A. Levy, Esq. GABRIEL A. LEVY, PC 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Telephone: (347) 941-4715 Email: Glevyfirm@gmail.com SAILORMEN INC: Schreiber Sues Over ADA Non-Compliance of Facilities ------------------------------------------------------------------- MARK SCHREIBER, individually and on behalf of all others similarly situated, Plaintiff v. SAILORMEN INC.; and DOES 1 to 25, Defendants, Case No. 4:24-cv-00180-JRH-BKE (S.D. Ga., August 15, 2024) asserts violations of Title III of the Americans with Disabilities Act and its implementing regulations. Plaintiff Schreiber is a person with a mobility disability. In 2004, Plaintiff suffered a spinal cord injury during a surfing accident. The Plaintiff was paralyzed from the injuries sustained to his T11 vertebrae. The Plaintiff's claims arise from his own experience with excessive sloping conditions in purportedly accessible parking spaces, access aisles, and curb ramps at places of public accommodation owned, operated, controlled, and/or leased by Defendants. Sailormen Inc. owns, leases, and/or operates Popeyes restaurants in the states of Georgia and Florida. [BN] The Plaintiff is represented by: John T. Stembridge, Esq. STEMBRIDGE TAYLOR LLC 4840 Roswell Road, Suite 300 Atlanta, GA 30342 Telephone: (678) 270-5458 E-mail: john@stembridgetaylor.com - and - Jordan T. Porter, Esq. NYE, STIRLING, HALE, MILLER & SWEET, LLP 33 West Mission Street, Suite 201 Santa Barbara, CA 93101 Telephone: 805-963-2345 E-mail: jordan@nshmlaw.com - and - Benjamin J. Sweet, Esq. NYE, STIRLING, HALE, MILLER & SWEET, LLP 101 Pennsylvania Boulevard, Suite 2 Pittsburgh, PA 15228 Telephone: (412) 857-5352 E-mail: ben@nshmlaw.com SCIS AIR SECURITY: Torres Suit Removed to C.D. California --------------------------------------------------------- The case styled as Jasmine Torres, individually, and on behalf of other members of the general public similarly situate v. SCIS AIR SECURITY CORPORATION, a Delaware corporation; and DOES 1 through 100, inclusive, Case No. 24STCV17844 was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the United States District Court for the Central District of California on Aug. 19, 2024, and assigned Case No. 2:24-cv-07019. The Complaint brings putative class claims for alleged: Violation of California Labor Code for: Unpaid Overtime; Unpaid Meal Period Premiums; Unpaid Rest Period Premiums; Unpaid Minimum Wages; Final Wages Not Timely Paid; Non-Compliant Wage Statements; Unreimbursed Business Expenses; and for Violation of California Business & Professions Code.[BN] The Defendants are represented by: Ryan H. Crosner, Esq. Sage S. Stone, Esq. Chloe S. Chang, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 400 South Hope Street, Suite 1200 Los Angeles, CA 90071 Phone: 213-239-9800 Facsimile: 213-239-9045 Email: ryan.crosner@ogletree.com sage.stone@ogletree.com chloe.chang@ogletree.com SEALY INC: Liu Sues Over Unpaid Minimum and Overtime Wages ---------------------------------------------------------- Kai Liu and Jason L. Carbonneau, individually, and on behalf of all others similarly situated v. SEALY, INC.; and DOES 1 through 10, inclusive, Case No. 24STCV18300 (Cal. Super. Ct., Los Angeles Cty., July 24, 2024), is brought against the Defendants for civil penalties under the Private Attorneys General Act of 2004, California Labor Code ("PAGA") as a result of unpaid minimum and overtime wages. This action stems from Defendants' failure to pay minimum wages, failure to pay overtime wages, failure to provide meal periods, failure to authorize and permit rest periods, failure to maintain accurate records of hours worked and meal periods, failure to timely pay all wages to terminated employees, failure to indemnify necessary business expenses, and failure to furnish accurate wage statements, says the complaint. The Plaintiffs worked for the Defendants in the County of Los Angeles. The Defendants are Business entities with their principal places of business in Los Angeles, California.[BN] The Plaintiff is represented by: Kane Moon, Esq. Allen Feghali, Esq. Charlotte Mikat-Steven, Esq. MOON LAW GROUP, PC 725 S. Figueroa St., 31st Floor Los Angeles, CA 90017 Phone: (213) 232-3128 Facsimile: (213) 232-3125 Email: kmoon@moonlawgroup.com afeghali@moonlawgroup.com cmikat-stevens@moonlawgroup.com SEAWORLD LLC: Fails to Pay Proper Wages, Frasier Says ----------------------------------------------------- JUANITA ELAINE FRASIER, individually and on behalf of all others similarly situated v. SEAWORLD, LLC, and SEAWORLD PARKS LLC, Defendants, Case No. 4:24-cv-00101 (E.D. Va., August 15, 2024) is a collective action brought by Plaintiff, individually and on behalf of all others similarly situated, against Defendants for violations of the Fair Labor Standards Act, the Virginia Overtime Wage Act, and the Virginia Minimum Wage Act. The Plaintiff seeks declaratory judgment, monetary damages, costs and a reasonable attorneys' fee as a result of Defendants' failure to pay her for all hours worked within the applicable statutory limitations period. The Plaintiff worked for Defendants at the Williamsburg location of Busch Gardens as an hourly employee from approximately January of 2015 until December of 2022. SeaWorld, LLC is a limited liability company registered to do business in the state of Virginia.[BN] The Plaintiff is represented by: Gregg C. Greenberg, Esq. ZIPIN, AMSTER & GREENBERG, LLC 8757 Georgia Avenue, Suite 400 Silver Spring, MD 20910 Telephone: (301) 587-9373 Facsimile: (240) 839-9142 E-mail: ggreenberg@zagfirm.com - and - Katherine Serrano, Esq. FORESTER HAYNIE, PLLC 400 N. St. Paul Street Suite 700 Dallas, TX 75201 Telephone: (214) 210-2100 Facsimile: (469) 399-1070 E-mail: kserrano@foresterhaynie.com SEGWAY INC: Website Inaccessible to Blind Users, Calcano Claims --------------------------------------------------------------- MARCOS CALCANO, on behalf of himself and all other persons situated, Plaintiff v. SEGWAY INC., Defendant, Case No. 1:24-cv-06203 (S.D.N.Y., August 15, 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. The Plaintiff 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. Additionally, the Defendant's actions constitute willful intentional discrimination against the class on the basis of a disability in violation of the New York State Human Rights Law and the New York City Human Rights Law. SEGWAY INC. operates the Segway online interactive website, https://www.segway.com, which offers goods and services, including information about its electric scooters, as well as other types of goods, pricing, terms of service, refund, privacy policies and internet pricing specials. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Dana L. Gottlieb, 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: Michael@Gottlieb.legal Dana@Gottlieb.legal Jeffrey@Gottlieb.legal SHERWIN WILLIAMS: Teel Suit Removed to E.D. California ------------------------------------------------------ The case styled as Bonnie Teel, as an individual and on behalf of all others similarly situated v. SHERWIN WILLIAMS COMPANY, an Ohio corporation; SHERWIN WILLIAMS LLC, a California limited liability company; and DOES 1 through 50, inclusive, Case No. 24CV013536 was removed from the Superior Court of the Superior Court of the State of California for the County of Sacramento, to the United States District Court for the Eastern District of California on Aug. 19, 2024, and assigned Case No. 2:24-at-01062. The Plaintiff's Complaint pleads causes of action for: failure to pay all minimum wages; failure to pay all overtime wages; failure to pay all wages upon separation of employment ("waiting time penalties"); failure to maintain and provide accurate itemized wage statement; and unlawful business practices in violation of California Business and Professions Code.[BN] The Defendants are represented by: Shareef S. Farag, Esq. Nicholas D. Poper, Esq. Matthew P. Eaton, Esq. BAKER & HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067-4301 Phone: 310.820.8800 Facsimile: 310.820.8859 Email: sfarag@bakerlaw.com npoper@bakerlaw.com meaton@bakerlaw.com SNOWFLAKE INC: Riley Files Suit in D. Montana --------------------------------------------- A class action lawsuit has been filed against Snowflake, Inc., et al. The case is styled as Brian Riley, individually and on behalf of a class of all others similarly situated v. Snowflake, Inc., Case No. 2:24-cv-00084-BMM (D. Mont., Aug. 19, 2024). The nature of suit is stated as Other P.I. for Personal Injury. Snowflake Inc. -- https://www.snowflake.com/en/ -- is an American _cloud computing–based data cloud company based in Bozeman, Montana.[BN] The Plaintiff is represented by: John C. Heenan, Esq. HEENAN & COOK 1631 Zimmerman Trail Billings, MT 59102 Phone: (406) 839-9091 Fax: (406) 839-9092 Email: john@lawmontana.com SPECIALITY NETWORKS: Fails to Secure Patients' Info, Cohen Says --------------------------------------------------------------- RICHARD COHEN, on behalf of himself and all others similarly situated v. SPECIALITY NETWORKS LLC, Case No. 1:24-cv-00287 (E.D. Tenn., Aug. 20, 2024) is a class action arising from a recent cyberattack resulting in a data breach of sensitive information in the possession and custody and/or control of the Defendant. The Plaintiff contends that the Data Breach occurred as early as Dec. 11, 2023, but was not discovered by the Defendant until Dec. 18, 2023, allowing cybercriminals unfettered access to the Plaintiff's and the Class's most sensitive information for at least a week. The Data Breach resulted in unauthorized disclosure, exfiltration, and theft of current and former patients' highly personal information, including first and last names, Social Security numbers, dates of birth, driver license numbers, ("personally identifying information" or "PII"), and medical record number, treatment and condition information, diagnoses, medications, and health insurance information ("protected health information" or "PHI"), the suit says. On Aug. 15, 2024–almost eight months after the Data Breach first occurred– Specialty networks finally began notifying Class Members about the Data Breach. Specialty networks Breach Notice obfuscated the nature of the breach and the threat it posted.  The Defendant's failure to timely detect and report the Data Breach made its patients vulnerable to identity theft without any warnings to monitor their financial accounts or credit reports to prevent unauthorized use of their Sensitive Information, the suit asserts.   The Plaintiff and members of the proposed Class are victims of Defendant's negligence and inadequate cyber security measures. Specifically, Plaintiff and members of the proposed Class trusted Defendant with their Sensitive Information. But Defendant betrayed that trust. Accordingly, the Plaintiff, on behalf of himself and a class of similarly situated individuals, brings this lawsuit seeking injunctive relief, damages, and restitution, together with costs and reasonable attorneys' fees, the calculation of which will be based on information in Defendant's possession. Mr. Cohen is citizen of Cleveland, Tennessee, where he intends to remain. He received Specialty networks notice on Aug. 20, 2024, stating his Sensitive Information was compromised in the Data Breach. Specialty Networks is a technology-enabled multi-specialty group purchasing and practice enhancement organization that offers a comprehensive solution.[BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. Grayson Wells, Esq. STRANCH, JENNINGS & GARVEY PLLC 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 E-mail: gstranch@stranchlaw.com gwells@stranchlaw.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 E-mail: ltoops@cohenandmalad.com athomas@cohenandmalad.com - and - Samuel J. Strauss, Esq. Raina Borrelli, Esq. STRAUSS BORRELLI PLLC 980 N. Michigan Avenue, Suite 1610  Chicago, IL 60611  Telephone: (872) 263-1100  E-mail: sam@straussborrelli.com raina@straussborrelli.com SPECIALTY NETWORKS: Fails to Safeguard Personal Info, Smith Says ---------------------------------------------------------------- DANIEL SMITH, individually and on behalf of all others similarly situated, Plaintiff v. SPECIALTY NETWORKS, LLC, Defendant, Case No. 1:24-cv-00286 (E.D. Tenn., August 20, 2024) is a class action against the Defendant for negligence, breach of third party beneficiary contract, unjust enrichment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information (PII) and protected health information (PHI) of the Plaintiff and similarly situated individuals stored within its computer systems following a data breach on or around December 11, 2023. 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. Specialty Networks, LLC is a provider of radiology information systems (RIS), digital transcription services, and Enterprise Practice Management solutions (EPM), headquartered in Chattanooga, Tennessee. [BN] The Plaintiff is represented by: J. Gerard Stranch, IV, Esq. Grayson Wells, Esq. 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Email: gstranch@stranchlaw.com gwells@stranchlaw.com - and - Gary Klinger, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC 227 W. Monroe Street, Suite 2100 Chicago, IL 60606 Telephone: (866) 252-0878 Email: gklinger@milberg.com SPIRE GLOBAL: Faces Bousso Class Suit Over 33.56% Stock Price Drop ------------------------------------------------------------------ MICHAL BOUSSO, individually and on behalf of all others similarly situated v. SPIRE GLOBAL, INC., PETER PLATZER, and LEONARDO BASOLA, Case No. 1:24-cv-01458 (E.D. Va., Aug. 20, 2024) is a class action on behalf of the Plaintiff and all persons and entities that purchased or otherwise acquired Spire Global securities between Mar. 6, 2024 and Aug. 14, 2024, inclusive, pursuing claims against the Defendants under the Securities Exchange Act of 1934. The suit alleges the Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, the Defendants failed to disclose to investors: that there were embedded leases of identifiable assets and pre-space mission activities for certain Space Services contracts; and that Spire Global lacked effective internal controls regarding revenue recognition for these contracts. On Aug. 14, 2024, after the market closed, the Company announced it would be unable to timely file its second quarter 2024 financial report as the Company was "reviewing its accounting practices and procedures with respect to revenue recognition" regarding certain Space Services contracts and "related internal control matters." On this news, the Company's share price fell $3.41 or 33.56%, to close at $6.75 per share on Aug. 15, 2024, on unusually heavy trading volume. As a result of the Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's securities, the Plaintiff and other Class members have suffered significant losses and damages, says the suit. Spire Global is a provider of satellite data, analytics and services.[BN] The Plaintiff is represented by: Paul M. Falabella, Esq. Craig J. Curwood, Esq. BUTLER CURWOOD PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Telephone: (804) 648-4848 Facsimile: (804) 237-0413 E-mail: paul@butlercurwood.com craig@butlercurwood.com - and - Robert V. Prongay, Esq. Charles H. Linehan, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 - and - Rebecca Dawson, Esq. 745 5th Avenue, 5th Floor New York, NY 10151 Telephone: (212) 935-7400 Facsimile: (212) 884-0988 - and - Frank R. Cruz, Esq. THE LAW OFFICES OF FRANK R. CRUZ 2121 Avenue of the Stars, Suite 800 Century City, CA 90067 Telephone: (310) 914-5007 SSR MINING: Faces Lindemann Securities Suit in Colorado ------------------------------------------------------- SSR Mining Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2024, filed with the Securities and Exchange Commission on July 31, 2024, that on March 22, 2024, a putative securities class action, "Eric Lindemann v. SSR Mining Inc., et. al.," Case No. 24-cv-00808, was filed in the United States District Court for the District of Colorado. The US Securities Actions assert claims for alleged violations of Section 10(b) of the Exchange Act and Rule 10b-5 promulgated thereunder against the company, as well as certain of its current and former members of management and for alleged violations of Section 20(a) of the Exchange Act against the individual defendants. The complaints allege that certain public statements made by the defendants were rendered materially false and misleading with respect to, among other things, the adequacy of the company's internal controls relating to its safety practices and operational integrity at its Çöpler mining facility in Türkiye. SSR Mining Inc. and its subsidiaries is a precious metals mining company with four producing assets located in the United States, Türkiye, Canada and Argentina. STONEHENGE HEALTH: Bishop Balks at Blind-Inaccessible Website ------------------------------------------------------------- CEDRIC BISHOP, on behalf of himself and all other persons similarly situated, Plaintiff v. STONEHENGE HEALTH IP LLC, Defendant, Case No. 1:24-cv-06048 (S.D.N.Y., August 8, 2024) is a civil rights action against the Defendant for its failure to design, construct, maintain, and operate its interactive website, https://www.stonehengehealth.com/, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. During Plaintiff's visits to the website, the last occurring on July 13, 2024, in an attempt to purchase Vitamin C (6 bottles) from Defendant and to view the information on the website, the Plaintiff encountered multiple access barriers that denied Plaintiff a shopping experience similar to that of a sighted person and full and equal access to the goods and services offered to the public and made available to the public. The Plaintiff was unable to locate pricing and was not able to add the items to the cart due to broken (missing) links, pictures without alternate attributes and other barriers on Defendant's website, says the suit. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers. Stonehenge Health IP LLC is a Newport Beach, California-based vitamins and supplements company.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Michael A. LaBollita, Esq. Dana L. Gottlieb, 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: Michael@Gottlieb.legal Dana@Gottlieb.legal Jeffrey@Gottlieb.legal SUNPOWER CORP: Rodrigues Sues Over Stock's Market Value Decline --------------------------------------------------------------- GABRIEL RODRIGUES, individually and on behalf of all others similarly situated, Plaintiff v. PETER FARICY, THOMAS WERNER, AND ELIZABETH EBY, Defendants, Case No. 3:24-cv-04896 (N.D. Cal., August 8, 2024) brings claims on behalf of Plaintiff and all persons and entities who purchased or otherwise acquired SunPower Corporation common stock between May 3, 2023 and July 19, 2024, both dates inclusive, in violation of the Securities Exchange Act of 1934 and the U.S. Securities and Exchange Commission Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants did not mention any serious issues with SunPower's accounting or financial reports when they filed the Company's quarterly reports on May 3, 2023 and August 2, 2023. These issues were concealed. But after hours on October 24, 2023, SunPower filed a Form 8-K announcing that the financial statements in the Company's FY 2022 Form 10-K and its Q1 2023 and Q2 2023 Form10-Qs should no longer be relied upon, and that it planned to restate its financials for those periods in amended reports. The Company described an overstatement of consignment inventory of microinverter components at certain third-party locations, a material weakness in the Company's internal controls over financial reporting, and ineffective disclosure controls and procedures. On July 22, 2024, it was reported by various news outlets that SunPower was on the cusp of failing and analysts downgraded the Company to underperform and cut their price targets. As a result of Defendants' wrongful acts and omissions, and the resulting decline in the market value of SunPower's stock, the Plaintiff and the Class suffered significant losses and damages under the federal securities laws, says the suit. SunPower Corporation, a Delaware corporation headquartered in Richmond, California, provides photovoltaic solar energy generation systems and battery energy storage products.[BN] The Plaintiff is represented by: David N. Lake, Esq. LAW OFFICES OF DAVID N. LAKE, A PROFESSIONAL CORPORATION 16130 Ventura Boulevard, Suite 650 Encino, CA 91436 Telephone: (818) 788-5100 Facsimile: (818) 479-9990 E-mail: david@lakelawpc.com - and - Laurence D. Paskowitz, Esq. THE PASKOWITZ LAW FIRM P.C. 97-45 Queens Boulevard, Ste. 1202 Rego Park, NY 11374 Telephone: (212) 685-0969 Email: lpaskowitz@pasklaw.com SWINERTON INC: Faces Schuster ERISA Class Suit in Calif. -------------------------------------------------------- MICHAEL S. SCHUSTER and JUAN C. DEL BARCO, individually, and as representatives of a Class of Participants and Beneficiaries of the Swinerton 401(k) and Savings Plan, Plaintiffs v. SWINERTON INCORPORATED, BOARD OF DIRECTORS OF SWINERTON INCORPORATED, and SWINERTON 401(K) SAVINGS COMMITTEE, Defendants, Case No. 3:24-cv-04970-JCS (N.D. Cal., August 9, 2024) is a class action against the Defendants for breach of fiduciary duties under the Employee Retirement Income Security Act. During the Class Period, from August 9, 2018 through the date of judgment, Defendant Swinerton 401(k) and Savings Plan Committee breached its fiduciary duty of prudence to Plan participants, including to Plaintiffs, by failing to: ensure that the Plan's Total recordkeeping and administrative fees were reasonable, defray reasonable expenses of administering the Plan, and act with the care, skill, diligence, and prudence required by ERISA. The Defendant Plan Committee breached its duty to Plan participants, including to Plaintiffs, by failing to employ a prudent process and by failing to evaluate the cost of the Plan's recordkeeper critically or objectively in comparison to other recordkeeper options, says the suit. As a result of Defendant Plan Committee's alleged breach of its fiduciary duty of prudence with respect to the Plan, the Plaintiffs and Plan participants suffered millions of dollars in unreasonable and unnecessary monetary losses. Plaintiff Schuster was employed by Swinerton from 1988-1991 and 2011-2012, as Director of Operations at the Portland, Oregon facility while Plaintiff Del Barco was employed from 2017-2022 as a Safety Manager in the Los Angeles area. During the Class Period, the Plaintiffs are Plan participants. Swinerton Inc. is a commercial construction company that provides services in the United States for commercial office, retail, multi-family residential, hospitality, healthcare, education, energy, and the entertainment sectors.[BN] The Plaintiffs are represented by: James A. Bloom, Esq. Todd M. Schneider, Esq. SCHNEIDER WALLCE COTTRELL KONECKY LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94608 Telephone: (415) 421-7100 Facsimile: (415) 421-7105 E-mail: jbloom@schneiderwallace.com tschneider@schneiderwallace.com - and - Paul M. Secunda, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Dr., Suite 240 Brookfield, WI 53005 Telephone: (262) 780-1953 Facsimile: (262) 565-6469 E-mail: psecunda@walcheskeluzi.com TALKSPACE NETWORK: Mitchener Alleges Illegal Tiktok Info Collection ------------------------------------------------------------------- COURTNEY MITCHENER, individually and on behalf of all others similarly situated v. TALKSPACE NETWORK LLC, a New York limited liability company; DOES 1 through 25, inclusive, Case No. 2:24-cv-07067 (C.D. Cal., Aug. 20, 2024) alleges that the Defendant uses a trap and trace process on its Website by deploying the TikTok Software on its Website, because the software is designed to capture the phone number, email, routing, addressing and other signaling information of website visitors, in violation of the California Trap and Trace Law. The TikTok Software acts via a process known as "fingerprinting." Put simply, the TikTok Software collects as much data as it can about an otherwise anonymous visitor to the Website and matches it with existing data TikTok has acquired and accumulated about hundreds of millions of Americans, the Plaintiff avers. Moreover, the TikTok Software begins to collect information the moment a user lands on the Website. Thus, even though the Website has a "cookie banner" the information has already been sent to TikTok regarding the user's visit. The Defendant did not obtain Class Members' express or implied consent to be subjected to data sharing with TikTok for the purposes of fingerprinting and de-anonymization, the Plaintiff adds. Plaintiff Mitchener is a citizen of California residing within the Central District of California. Talkspace is a health care provider offering therapy services.[BN] The Plaintiff is represented by: Robert Tauler, Esq. Matthew J. Smith, Esq. TAULER SMITH LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA 90017 Telephone: (213) 927-9270 E-mail: robert@taulersmith.com matthew@taulersmith.com TAMIAMI SHOPPING: Pardo Balks at Property's Architectural Barriers ------------------------------------------------------------------ NIGEL FRANK DE LA TORRE PARDO, individually and on behalf of all other similarly situated mobility-impaired individuals, Plaintiff v. TAMIAMI SHOPPING PLAZA LLC and EL FLORIDITA FISH RESTAURANT INC. d/b/a EL FLORIDITA SEAFOOD RESTAURANT, Defendants, Case No. 1:24-cv-23036 (S.D. Fla., August 9, 2024) is an action for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act. Defendant, Tamiami Shopping Plaza LLC, owns, operates and/or oversees the commercial property; to include its general parking lot and parking spots specific to the tenant businesses therein and all other common is as open to the public located within the commercial property. Defendant, El Floridita Fish Restaurant Inc., also owns, operates and oversees the commercial restaurant within the subject commercial property, which is open to the public located within the commercial property. According to the complaint, the individual Plaintiff visited the commercial property and restaurant business on July 1, 2024, and encountered multiple violations of the ADA that directly affected his ability to use and enjoy the commercial property and restaurant business. The Plaintiff encountered architectural barriers at the commercial property and commercial restaurant business. The barriers to access has likewise posed a risk of injury, embarrassment, and discomfort to the Plaintiff, says the suit. The Plaintiff asserts that the Defendants have discriminated against him by denying access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the commercial property.[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 TATA CONSULTANCY: Terry Sues Over Unfair Practices -------------------------------------------------- Don Terry, an individual, on behalf of others similarly situated v. TATA CONSULTANCY SERVICES LIMITED, a foreign corporation; ANGSHUMAN CHAKRABORTY, an individual; GOPALA KRISHNA, an individual; and, DOES 1 through 50, inclusive, Case No. 24STCV18336 (Cal. Super. Ct., Los Angeles Cty., July 24, 2024), is brought as a result of the Defendants violations of the California Labor Code, California Business & Professions Code and Violation of California Family Rights Act/Family Medical Leave due to unfair practices and unpaid compensations. The Plaintiff was rarely, if ever, provided compliant meal and rest breaks and never received any premiums for those violations. DEFENDANTS' workplace was wholly lacking in written and/or verbal wage and hour policies, practices, and procedures such that the labor code practices were deplorable and subjecting employees to widespread wage theft. Beginning in 2019, Plaintiff began complaining to his supervisor, Defendant Krishna, and other TCS managers that he was not being provided with proper overtime compensation, rest days, meal/rest breaks, and was not being paid all of his wages. The Defendants retaliated against the Plaintiff, subjecting him to mistreatment, verbal abuse, and excessive overtime work without pay as part of his regular job duties in order to maintain and keep his employment, says the complaint. The Plaintiff was hired by the Defendant on October 15, 2018, as an Identity and Access Management Analyst ("IAM") based in the State of California. TSC is a major global consulting group and IT services provider based in India and operates numerous offices in the United States, including the State of California.[BN] The Plaintiff is represented by: Alan I. Schimmel, Esq. Michael W. Parks, Esq. Arya Rhodes, Esq. Ashtyne Cofer, Esq. SCHIMMEL & PARKS, APLC 15303 Ventura Blvd., Suite 650 Sherman Oaks, CA 91403 Phone: 818.464.5061 Facsimile: 818.464.5091 TIMKEN CO: Landi Suit Removed to N.D. Ill. ------------------------------------------ The case styled WALTER LANDI, individually and on behalf of all others similarly situated, Plaintiff v. THE TIMKEN COMPANY, Defendant, Case No. 2024CH06206, was removed from the Circuit Court of Cook County, Illinois, County Department, Chancery Division, to the United States District Court for the Northern District of Illinois, Eastern Division, on August 15, 2024. The Clerk of Court for the Northern District of Illinois assigned Case No. 1:24-cv-07330 to the proceeding. The suit is a putative class action alleging that Timken violated the Illinois Genetic Information Privacy Act by requiring as a condition of employment that Plaintiff Walter Landi and all other alleged employees, submit to physical examinations during which family medical history was requested. The Timken Company is a global manufacturer of bearings and power transmission products.[BN] The Defendant is represented by: Thomas A. Lidbury, Esq. Kristina M. Wright, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 155 N. Wacker Drive, Suite 4300 Chicago, IL 60606 Telephone: (312) 558-1220 Facsimile: (312) 807-3619 E-mail: thomas.lidbury@ogletree.com kristina.wright@ogletree.com TOM PRINT: Faces Rodriguez Wage-and-Hour Suit in S.D.N.Y. --------------------------------------------------------- JOSE RODRIGUEZ, individually and on behalf of all others similarly situated, Plaintiff v. TOM PRINT CORP. (D/B/A TOM'S PRINTING), PRO PRINTING NY.COM, INC. (D/B/A PROPRINTINGNY), and LEO MARTE, Defendants, Case No. 1:24-cv-06309 (S.D.N.Y., August 21, 2024) is a class action against the Defendants for violations of the Fair Labor Standards Act and the New York Labor Law including failure to pay minimum wages, failure to pay overtime wages, failure to provide wage notice, failure to provide accurate wage statements, and unlawful wage deductions. Mr. Rodriguez was employed as a print operator at the Defendant's print shop located in Bronx, New York from approximately April 2013 until on or about January 2, 2024. Tom Print Corp. is a print shop operator under the name Tom's Printing located at 2961 Ely Ave., Bronx, New York. Pro Printing NY.com, Inc. is a print shop operator under the name ProPrintingNY located at 2961 Ely Ave., Bronx, New York. [BN] The Plaintiff is represented by: Catalina Sojo, Esq. CSM LEGAL, P.C. 60 East 42nd Street, Suite 4510 New York, NY 10165 Telephone: (212) 317-1200 Facsimile: (212) 317-1620 Email: catalina@csmlegal.com TRANSWORLD SYSTEMS: Stephens and Rainey Allege Labor Law Breaches ----------------------------------------------------------------- CANDICE STEPHENS and MAKITA RAINEY, individually, and on behalf of others similarly situated, Plaintiffs v. TRANSWORLD SYSTEMS, INC., and NATIONWIDE CREDIT, INC., jointly and severally, Defendants, Case No. 1:24-cv-07300 (N.D. Ill., August 15, 2024), arises from Defendants' willful violations of the Fair Labor Standards Act, the South Carolina Payment of Wages Act, and common law. Plaintiff Candice Stephens was employed by Defendants remotely from her home from approximately March 22, 2022 until July 21, 2022 and Plaintiff Makita Rainey was employed by Defendants in their North Augusta, South Carolina location from approximately May 17, 2021 until the present. Throughout their employment with Defendants, the Plaintiffs and other customer service representatives were allegedly pressured to work substantial amounts of uncompensated, off-the-clock time as part of their job duties. Headquartered in Lake Forest, IL, Transworld Systems, Inc.provides customer relationship outsourcing services, accounts receivable management, loan servicing and legal services for many of the world's leading companies. [BN] The Plaintiffs are represented by: Kevin J. Stoops, Esq. Kathryn E. Milz, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, 17th Floor Southfield, MI 48076 Telephone: (248) 355-0300 E-mail: kstoops@sommerspc.com kmilz@sommerspc.com TRIANGLE ENTERPRISES: Preslar Sues Over Unpaid Compensations ------------------------------------------------------------ Benjamin Preslar, an individual, on behalf of others similarly situated v. TRIANGLE ENTERPRISES, INC., a California corporation; KENNETH E. HAYDEN, an individual, and DOES 1-50 Inclusive, Case No. 24STCV17986 (Cal. Super. Ct., Los Angeles Cty., July 24, 2024), is brought seeking compensatory damages, penalties, restitution and punitive damages from Defendants as a result of unpaid compensations. The Plaintiff typically worked between 10 to 12 hours per day and was paid hourly wages and appropriate overtime for the work performed as a yard manager. However, Plaintiff was not paid premium wages for what were nearly constantly interrupted meal periods during those hours. Plaintiff was also not paid premium wages for rest breaks that were simply not provided during those hours. Moreover, Plaintiff was paid absolutely no wages for his work as a security guard, which required him to be constantly present on the premises, with rare exceptions, allowing Plaintiff approximately 30 minutes per day to attend to personal matters off premises or for a minimal amount of vacation time that he took over the past 4 years and 178 days. Apparently, the Defendants believed that allowing Plaintiff to reside on the premises without charging him rent would suffice for their willful nonpayment of wages for the work performed as a security guard over the past 4 years 178 days. The bottom line is that, Plaintiff accrued a massive amount of additional overtime wages at the rate set by the Defendants for the work he performed, and he has never been paid for the same, says the complaint. The Plaintiff began working for the Defendants approximately 9 years ago in March 2015. TRIANGLE ENTERPRISES, INC. is a California corporation.[BN] The Plaintiff is represented by: Paul T. Cullen, Esq. THE CULLEN LAW FIRM, APC 9800 Topanga Canyon Boulevard, Suite D, PMB 325 Chatsworth, CA 91311 Phone: (818) 360-2529 Fax: (866) 794-5741 Email: paul@cullenlegal.com TU CASA: Robles Sues Over Unpaid Wages for Waiters & Retaliation ---------------------------------------------------------------- JESUS ROBLES, individually and on behalf of all others similarly situated, Plaintiff v. TU CASA LLC d/b/a TU CASA MEXICAN RESTAURANT and RUBEN CHAGOYA and ASTRID CHAGOYA, Defendants, Case No. 1:24-cv-02305-SBP (D. Colo., August 21, 2024) is a class action against the Defendants for unlawful tip retention and retaliation under the Fair Labor Standards Act, failure to pay all earned wages and denial of mandatory rest periods under the Colorado Wage Claim Act, civil theft, and retaliation pursuant to the Denver Minimum Wage Ordinance. The Plaintiff worked for the Defendants as a waiter from March 2023 until April 20, 2024. Tu Casa LLC, doing business as Tu Casa Mexican Restaurant, is a restaurant owner and operator located in Gypsum, Colorado. [BN] The Plaintiff is represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 250 Broadway, Suite 600 New York, NY 10007 Telephone: (212) 323-6980 Email: jaronauer@aronauerlaw.com WALMART INC: Myers Sues Over Overcharging Customers on Products --------------------------------------------------------------- QUINA MYERS, individually and on behalf of all others similarly situated, Plaintiff v. WALMART INC., Defendant, Case No. 5:24-cv-05182-TLB (W.D. Ark., August 20, 2024) is a class action against the Defendant for violation of Pennsylvania's Unfair Trade Practices and Consumer Protection Law, declaratory judgment, and unjust enrichment. According to the complaint, the Defendant overcharged customers who bought products including but not limited to food, baby product, appliances, and other products sold at their center between February 1, 2024, and July 29, 2024. As a result of Walmart's conduct of falsely inflating product prices, and overcharging on products, the Plaintiff and Class members were charged and paid amounts that exceeded the lowest advertised prices on rollback stickers, price stickers, and yellow stickers for such products, thereby suffering actual damage, the suit contends. Walmart Inc. is an American multinational retail corporation headquartered in Bentonville, Arkansas. [BN] The Plaintiff is represented by: Jacob Dylan White, Esq. Russell Winburn, Esq. TAYLOR KING LAW 410 N. Thompson St., Suite B Springdale, AR 72764 Telephone: (479) 935-1761 Facsimile: (479) 334-5069 Email: jacobwhite@taylorkinglaw.com russellwinburn@taylorkinglaw.com - and - Seth Little, Esq. POULIN | WILLEY | ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (803) 222-2222 Email: seth.little@poulinwilley.com cmad@poulinwilley.com WALMART INC: White Suit Removed to E.D. Missouri ------------------------------------------------ The case styled as Nicholas White, individually and on behalf of all others similarly situated v. WALMART INC., and DOES 1 through 10, Case No. 24SL-CC03255 was removed from the Circuit Court of St. Louis County, State of Missouri, to the United States District Court for the Eastern District of Missouri on Aug. 19, 2024, and assigned Case No. 4:24-cv-01136. The Plaintiff raises claims of Breach of Warranty, Breach of Implied Contract, Unjust Enrichment, and Violation of the Missouri Merchandising Practices Act ("MMPA") alongside other consumer protection statutes from various states.[BN] The Plaintiff is represented by: Daniel F. Harvath, Esq. HARVATH LAW GROUP, LLC 75 W. Lockwood, Suite #1 Webster Groves, MO 63119 Phone: (314) 550-3717 Email: dharvath@harvathlawgroup.com The Defendants are represented by: Laura A. Bentele, Esq. Samra Cordic, Esq. ARMSTRONG TEASDALE LLP 7700 Forsyth Blvd., Suite 1800 St. Louis, MO 63105 Phone: 314.621.5070 Fax: 314.621.5065 Email: lbentele@atllp.com scordic@atllp.com WELLS FARGO: Varady Hits Unfair Cash Sweep Program -------------------------------------------------- DANIEL VARADY, individually and on behalf of all others similarly situated, Plaintiff v. WELLS FARGO & COMPANY and WELLS FARGO CLEARING SERVICES, LLC, d/b/a WELLS FARGO ADVISORS, Defendants, Case No. 3:24-cv-04917 (N.D. Cal., August 8, 2024) is a proposed class action suit against the Defendants based on Wells Fargo's actions and conduct regarding their cash sweep program. Wells Fargo offers its investment clients who have cash that is not being used for trading purposes the opportunity to hold their uninvested monies in what is known as a "cash sweep account." The cash sweep accounts at issue in this case are the Wells Fargo Standard Bank Deposit Sweep and the Wells Fargo Expanded Bank Deposit Sweep. The Plaintiff and Class members are clients with Wells Fargo and their uninvested cash was automatically transferred into Wells Fargo's cash sweep accounts pursuant to the Wells Fargo Bank Deposit Sweep Program. According to the complaint, Wells Fargo breached its fiduciary duty to them and its contractual obligations. Wells Fargo deposited Plaintiff and Class members' uninvested cash with banks (both affiliated and unaffiliated) that pay low and unreasonable rates of return to Wells Fargo's investment customers, but paid Wells Fargo increased fees due to lower rates paid to customers. Wells Fargo is a leading financial services company with assets of approximately $1.9 trillion and office locations across the world.[BN] The Plaintiff is represented by: Rosemary M. Rivas, Esq. Rosanne L. Mah, Esq. Brian E. Johnson, Esq. GIBBS LAW GROUP LLP 1111 Broadway, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 E-mail: rmr@classlawgroup.com rlm@classlawgroup.com bej@classlawgroup.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. 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