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/raid1/www/Hosts/bankrupt/CAR_Public/240905.mbx C L A S S A C T I O N R E P O R T E R Thursday, September 5, 2024, Vol. 26, No. 179 Headlines 22 BEAVER: General Pretrial Management Order Entered in Mihalatos ADMI CORP: Filing for Class Cert. in Hollaway Due August 15, 2025 ALAMEDA, CA: Prisoners Seek Class Settlement Initial Approval CEDAR FAIR: Walker Allowed to File Todd Declaration Under Seal COMPASS INC: Hearing on Final OK of Settlement Deal Set for Oct. 31 DISPATCH ANGELS: Seeks Dismissal of Bond Suit with Prejudice FINSERV ACQUISITION: $9.5MM Class Settlement to be Heard on Oct. 10 GIFTROCKET INC: Parties Must File Joint Status Report by Oct. 1 GKN DRIVELINE: Carson FLSA Suit Seeks Conditional Certification GOLDMAN SACHS: Plaintiffs Seek Initial OK of Settlement GOLDMAN SACHS: Seeks Dismissal of Securities Suit GREAT AMERICAN: Le Bid for Class Certification Partly OK'd HADAF LLC: Must File Response to Zeller Suit by Sept. 11 HANOVER VENTURES: Settlement in Gonzalez Suit Gets Initial Nod HEALTH CAREER: Court Endorses Partial OK of Class Cert Bid HIGHPEAK ENERGY: Guillot FLSA Suit Transferred to N.D. Texas HOM FURNITURE INC: Dalton Sues Over Blind-Inaccessible Website HOME DEPOT: Cano Sues Over Breach of ERISA's Fiduciary Duties HOMEWORKS ENERGY: Court Extends Deadline to Oppose Class Cert Bid ISPEEDTOLEAD INC: Aguilera Files Suit in E.D. California IZZYS BBQ: Zapeta Sues Over Unpaid Overtime Wages JOHN PAUL: Hearing on Class Cert Bid Set for May 15, 2025 KNIGHT SACRAMENTO: Phan Files Suit in Cal. Super. Ct. KRAFT HEINZ: Brinker Suit Transferred to N.D. Illinois LEND HOME: Mays Files TCPA Suit in N.D. Illinois LIGHTNING EMOTORS: $13.35MM Class Settlement to be Heard on Nov. 19 LINCARE INC: Morris Seeks Leave to File Reply to Opposition LOCAL UNION 98: Bark Suit Removed to E.D. Pennsylvania LOS ANGELES, CA: Discovery Cut-Off in Astorga Set for Dec. 15 LOS ANGELES, CA: Lee Suit Removed from State Court to C.D. Cal. MCLANE/SUNEAST INC: Saetern Suit Removed to E.D. California MENTAL HEALTH CENTER: Hutto Suit Removed to N.D. Alabama MICHELS CORPORATION: Class Cert Bid Filing Deadline Vacated MIKE BLOOMBERG: Bid to Strike Portions of Wood TAC OK'd MIKE BLOOMBERG: Sinclair's Renewed Bid for Class Status Tossed NATIONAL FREIGHT: Bid for Leave to File Amended Complaint Tossed NEW YORK, NY: Pappas Conditional Cert Bid Nixed w/o Prejudice NEW YORK, NY: Parties Must Discuss Pending Discovery Issues NEW YORK, NY: Seeks Dismissal of Certain Claims in SAC P.K. KINDER: Blosser Sues Over Misleading Labeling and Advertising PERMIAN RESOURCES: ACI Suit Transferred to D. New Mexico PERMIAN RESOURCES: Beaumont Suit Transferred to D. New Mexico PERMIAN RESOURCES: Courtmanche Suit Transferred to D. New Mexico PERMIAN RESOURCES: MacDowell Suit Transferred to D. New Mexico PERMIAN RESOURCES: Mellor Suit Transferred to D. New Mexico PERMIAN RESOURCES: Rosenbaum Suit Transferred to D. New Mexico UNDER ARMOUR: $434MM Class Settlement to be Heard on Nov. 7 WARNER BROS: $125MM Class Settlement to be Heard on Oct. 10 WILLIAM LEE: Noncompliant Brief from Record Stricken ********* 22 BEAVER: General Pretrial Management Order Entered in Mihalatos ----------------------------------------------------------------- In the class action lawsuit captioned as THEOFILOS MIHALATOS, v. 22 BEAVER BAKE CORP., doing business as Traders Express Deli, et al., Case No. 1:24-cv-06131-DEH-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses entered a general pretrial management order: -- All pretrial motions and applications, including those related to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Judge Moses and in compliance with this Court's Individual Practices in Civil Cases, available on the Court's website at https://nysd.uscourts.gov/hon-barbara-moses. Parties and counsel are cautioned: -- Once a discovery schedule has been issued, all discovery must be initiated in time to be concluded by the close of discovery set by the Court. -- Discovery applications, including letter-motions requesting discovery conferences, must be made promptly after the need for such an application arises and must comply with Local Civil Rule 37.2 and section 2(b) of Judge Moses's Individual Practices. Beaver is a unique, full-service event planning & catering company. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=aJQHfd at no extra charge.[CC] ADMI CORP: Filing for Class Cert. in Hollaway Due August 15, 2025 ----------------------------------------------------------------- In the class action lawsuit captioned as Hollaway v. Admi Corp., et al., Case No. 2:24-cv-01415 (E.D. Cal., Filed May 17, 2024), the Hon. Judge Daniel J. Calabretta entered an order that the Plaintiff's motion for class certification, including any expert reports upon which Plaintiff relies in her motion shall be filed on or before Aug. 15, 2025. The Court was made aware of a typographical error in its Scheduling Order. To wit, the Court ordered that Plaintiff's motion for class certification, including any expert reports upon which Plaintiff relies in her motion shall be filed on or before Aug. 15, 2024. The nature of suit states Other Statutes -- Other Statutory Actions. ADMI operates as a healthcare services company.[CC] ALAMEDA, CA: Prisoners Seek Class Settlement Initial Approval ------------------------------------------------------------- In the class action lawsuit captioned as ALAMEDA COUNTY MALE PRISONERS And Former Prisoners, DANIEL GONZALEZ, et al. on behalf of themselves and others similarly situated, as a Class, and Subclass, v. ALAMEDA COUNTY SHERIFF'S OFFICE, et al., Case No. 3:19-cv-07423-JSC (N.D. Cal.), the Plaintiffs, on Oct. 3, 2024, will move the Court for entry of an Order: (1) granting preliminary approval of the proposed class settlement agreement submitted herewith as Exhibit 1 to the Declaration of Yolanda Huang in Support of Plaintiffs' Motion for Preliminary Approval of Class Settlement ("Proposed Settlement"); (2) approving the manner and form of giving notice of the class settlement to the class; (3) scheduling deadlines for objections; and (4) scheduling a fairness hearing regarding final approval of the settlement. The Plaintiffs, on behalf of themselves and others similarly situated, filed this partially certified federal class action lawsuit on Nov. 19, 2019, challenging the adequacy of sanitation at the Santa Rita Jail in the male inmate living quarters. The Plaintiffs alleged that these conditions violate the Eighth and Fourteenth Amendments of the U.S. Constitution. A copy of the Plaintiffs' motion dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=rutx0Z at no extra charge.[CC] The Plaintiffs are represented by: Yolanda Huang, Esq. LAW OFFICES OF YOLANDA HUANG 2748 Adeline Street, Suite A Berkeley, CA 94705 Telephone: (510) 329-2140 Facsimile: (510) 580-9410 E-mail: yhuang.law@gmail.com - and - Thomas E. Nanney, Esq. LAW OFFICE OF THOMAS E. NANNEY 2217 W. 120th St. Leawood, KS 66209 Telephone: (816) 401-0047 E-mail: tomnanney@gmail.com - and - Richard A. Brody, Esq. 1206 Beattie Lane Sebastopol, CA 95472 Telephone: (707) 235-6982 Facsimile: (707) 235-6982 Email: rick@brodylaw.com CEDAR FAIR: Walker Allowed to File Todd Declaration Under Seal -------------------------------------------------------------- In the class action lawsuit captioned as MONEVA WALKER, et al., v. CEDAR FAIR, L.P., et al., Case No. 3:20-cv-02176-JGC (N.D. Ohio), the Hon. Judge James Carr entered an order granting the Plaintiffs' motion for leave to file the Declaration of Dr. Todd in support of class certification under seal. Cedar Fair is an operator of amusement and water parks, and hotels. A copy of the Court's order dated Aug. 21, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=WJKGMV at no extra charge.[CC] COMPASS INC: Hearing on Final OK of Settlement Deal Set for Oct. 31 ------------------------------------------------------------------- Compass, 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 the company and its subsidiaries have been named as defendants in putative class action lawsuits that allege, among other things, violations of Section 1 of the Sherman Act. A hearing on the company's motion for final approval of the settlement agreement is scheduled for October 31, 2024. Four of the putative class action lawsuits, captioned "Gibson, et al. v. National Association of Realtors, et al.," No. 4:23-cv-00788-FJG (W.D. Mo.), filed on October 31, 2023, "Grace v. National Association of Realtors, et al.," No. 3:23-cv-06352 (N.D. Cal.), filed on December 8, 2023, "Fierro, et al. v. National Association of Realtors, et al.," Case No. 2:24-cv-00449 (C.D. Cal.), filed on January 17, 2024, and "Whaley v. Arizona Association of Realtors," Case No. 2:24-cv-00105 (D. Nev.), filed on January 15, 2024, named the company as a defendant and allege, among other things, that certain trade associations, including the National Association of Realtors, multiple listing services, and real estate brokerages engaged in a continuing contract, combination, or conspiracy to unreasonably restrain interstate trade and commerce in violation of Section 1 of the Sherman Act by entering into a continuing agreement to require sellers of residential property to make inflated payments to brokers representing buyers. "Umpa, et al. v. National Association of Realtors, et al.," 4:23-cv-00945 (W.D. Mo.), filed on December 27, 2023, was consolidated into the Gibson matter on April 23, 2024. "Boykin v. National Association of Realtors, et al.," No. 2:24-cv-00340 (D. Nev.), filed on February 16, 2024, was terminated and consolidated into the Whaley action on March 20, 2024. The plaintiffs in the Gibson and Umpa matters allege a nationwide scope, while the Grace and Fierro matters are limited in scope to Northern California and Southern California, respectively and the Whaley matter is limited in scope to Nevada. The Grace, Fierro and Whaley matters are stayed pending final approval of the settlement agreement. On December 27, 2023, plaintiffs in the Gibson and Umpa matters filed a motion before the United States Judicial Panel on Multidistrict Litigation, captioned "In re Real Estate Commission Litigation," No. 48 (J.P.M.L.), seeking to transfer and consolidate for pretrial proceedings the Gibson, Umpa, Grace, March, QJ Team, Martin, and three additional putative class actions to which the company has not been named as a party, to one multidistrict litigation. On April 12, 2024, the JPML denied consolidation at this time based on the procedural posture of the litigation and recent nationwide class settlements. On March 21, 2024, the company entered into a settlement agreement to resolve the Gibson and Umpa cases on a nationwide basis. The settlement resolves all claims in these cases and similar claims in other lawsuits alleging claims on behalf of sellers on a nationwide basis against the Company and its subsidiaries and releases the company, its subsidiaries and affiliated agents from the claims. Under the settlement agreement, the company agreed to pay $57.5 million and make certain changes to its business practices. The Gibson and Umpa matters were stayed as to Compass on March 25, 2024. The court preliminarily approved the proposed settlement agreement on April 30, 2024. The settlement agreement remains subject to final court approval and will become effective upon such final approval. Compass, Inc. provides an end-to-end platform for residential real estate agents that services seller and buyer clients. It includes an integrated suite of cloud-based software for customer relationship management, marketing, client service and other critical functionality, all custom-built for the real estate industry, which enables the company's core brokerage services and uses proprietary data, analytics, artificial intelligence, and machine learning to deliver high value recommendations and outcomes for compass agents and their clients. DISPATCH ANGELS: Seeks Dismissal of Bond Suit with Prejudice ------------------------------------------------------------ In the class action lawsuit captioned as JOSEPH BOND, individually and on behalf of all others similarly situated, V. DISPATCH ANGELS LLC, et al., Case No. 1:24-cv-01440-ELR (N.D. Ga.), the Defendants ask the Court to enter an order dismissing Plaintiffs complaint with prejudice on the grounds of: -- lack of personal jurisdiction, -- failure to state a claim, -- failure to join a required party, and res judicata. The Plaintiff has filed this lawsuit individually and purportedly on behalf of others similarly situated. However, Plaintiff has not sought or obtained class certification from this Court, as required by Federal Rule of Civil Procedure 23. A copy of the Defendants' motion dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=N7JwKE at no extra charge.[CC] The Defendants are represented by: Bethany Callahan, Esq. 632 Tuttle Creek Blvd. Manhattan, KS 66502 FINSERV ACQUISITION: $9.5MM Class Settlement to be Heard on Oct. 10 ------------------------------------------------------------------- IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN RE FINSERV ACQUISITION CORP. SPAC LITIGATION C.A. No. 2022-0755-PAF SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER CLASS ACTION, SETTLEMENT HEARING, AND RIGHT TO APPEAR TO: All record and beneficial holders of Class A common stock of FinServ Acquisition Corp. ("FinServ") as of the closing FinServ's merger with legacy Katapult Holdings, Inc., which closed on June 9, 2021 ("de-SPAC Transaction") ("Settlement Class"). IF YOU DO NOT INTEND TO OBJECT TO THE SETTLEMENT, PLAINTIFF'S COUNSEL'S FEE AND EXPENSE AWARD (DEFINED BELOW), OR PLAINTIFF'S INCENTIVE AWARD (DEFINED BELOW), YOU NEED NOT TAKE ACTION IN RESPONSE TO THIS NOTICE. Certain persons and entities are excluded from the Settlement Class by definition, as set forth in the full Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the "Notice"), available at www.FinServAcquisitionCorpSPACLitigation.com. Any undefined capitalized terms used in this Summary Notice shall have the meanings given to them in the Notice or in the Stipulation and Agreement of Settlement, Compromise, and Release dated July 3, 2024 ("Stipulation"), which is also available at www.FinServAcquisitionCorpSPACLitigation.com. PLEASE READ THIS SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware ("Court"), that the above-captioned stockholder class action ("Action") has been preliminarily certified as a class action on behalf of the Settlement Class defined above. YOU ARE ALSO NOTIFIED that (i) plaintiff Andrew Saunders ("Plaintiff"), on behalf of himself and all other members of the Settlement Class; and (ii) defendants Lee Einbinder, Howard Kurz, Robert Matza, Diane B. Glossman, and Aris Kekedjian (collectively, "Defendants") have reached a proposed settlement of the Action on the terms set forth in the Stipulation ("Settlement"). Pursuant to the Settlement, Defendants have agreed to pay, or cause to be paid, $9,500,000 in total settlement value, with $6,725,000 paid in cash and the remaining $2,775,000 paid in either shares of freely-tradeable Katapult Holdings, Inc. ("Katapult") common stock or additional cash. If approved by the Court, the Settlement will resolve all claims in the Action. A hearing ("Settlement Hearing") will be held in person on October 10, 2024, at 3:15 p.m., before The Honorable Paul A. Fioravanti, Jr., Vice Chancellor, at the Court of Chancery of the State of Delaware, New Castle County, Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801, or remotely by telephone or videoconference (in the discretion of the Court), to, among other things: (i) determine whether to finally certify the Settlement Class for settlement purposes only, pursuant to Court of Chancery Rules 23(a), 23(b)(1), and 23(b)(2); (ii) determine whether Plaintiff and Plaintiff's Lead Counsel—Bernstein Litowitz Berger & Grossmann LLP and Andrews & Springer LLC—have adequately represented the Settlement Class, and whether Plaintiff should be finally appointed as Class Representative for the Settlement Class and Plaintiff's Lead Counsel should be finally appointed as Class Counsel for the Settlement Class; (iii) determine whether the proposed Settlement should be approved as fair, reasonable, and adequate to Plaintiff and the other members of the Settlement Class; (iv) determine whether the proposed Order and Final Judgment approving the Settlement, dismissing the Action with prejudice, and granting the Releases provided under the Stipulation should be entered; (v) determine whether the terms and conditions of the issuance of the Delaware Settlement Shares, which shares are to be issued pursuant to the exemption from registration requirements under Section 3(a)(10) of the Securities Act of 1933, are fair to all persons and entities to whom the shares will be issued; (vi) determine whether the proposed Plan of Allocation of the Delaware Net Settlement Fund is fair and reasonable, and should therefore be approved; (vii) determine whether and in what amount any award of attorneys' fees and payment of Litigation Expenses to Plaintiff's Counsel ("Fee and Expense Award") should be paid out of the Delaware Settlement Fund, including any incentive award to Plaintiff ("Incentive Award") to be paid solely from any Fee and Expense Award; (viii) hear and rule on any objections to the Settlement, the proposed Plan of Allocation, and Plaintiff's Counsel's application for a Fee and Expense Award, including any Incentive Award to Plaintiff; and (ix) consider any other matters that may properly be brought before the Court in connection with the Settlement. Any updates regarding the Settlement Hearing, including any changes to the date, time, or format of the hearing or updates regarding remote or in-person appearances at the hearing, will be posted to the Settlement website, www.FinServAcquisitionCorpSPACLitigation.com. If you are a member of the Settlement Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Delaware Net Settlement Fund. If you have not yet received the Notice, you may obtain a copy of the Notice by contacting the Settlement Administrator by mail at FinServ Acquisition Corp. SPAC Litigation, c/o JND Legal Administration, PO Box 91493, Seattle, WA 98111; by telephone at 844-552-0061; or by email at info@FinServAcquisitionCorpSPACLitigation.com. A copy of the Notice can also be downloaded from the Settlement website, www.FinServAcquisitionCorpSPACLitigation.com. If the Settlement is approved by the Court and the Effective Date occurs, the Delaware Net Settlement Fund will be distributed on a pro rata basis to Eligible Class Members in accordance with the proposed Plan of Allocation stated in the Notice or such other plan of allocation as is approved by the Court. Pursuant to the proposed Plan of Allocation, each Eligible Class Member will be eligible to receive a pro rata payment from the Delaware Net Settlement Fund equal to the product of (i) the number of shares of FinServ Class A common stock held as of the closing of the de-SPAC Transaction on June 9, 2021, excluding those shares held by Excluded Persons and Redeeming Stockholders ("Eligible Shares") and (ii) the "Per-Share Recovery" for the Settlement, which will be determined by dividing the total amount of the Delaware Net Settlement Fund by the total number of Eligible Shares held by all Eligible Class Members, provided, however, that no cash payments for less than $1.00 will be made. As explained in further detail in the Notice, Eligible Class Members do not have to submit a claim form to receive a payment from the Delaware Net Settlement Fund. Any objections to the proposed Settlement, the proposed Plan of Allocation, or Plaintiff's Counsel's Fee and Expense Award, including Plaintiff's application for an Incentive Award, must be filed with the Register in Chancery in the Court of Chancery of the State of Delaware and delivered to Plaintiff's Lead Counsel and Defendants' Counsel such that they are received no later than September 25, 2024, in accordance with the instructions set forth in the Notice. Please do not contact the Court or the Office of the Register in Chancery regarding this Summary Notice. All questions about this Summary Notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to the Settlement Administrator or Plaintiff's Lead Counsel. Requests for the Notice should be made to the Settlement Administrator: FinServ Acquisition Corp. SPAC Litigation c/o JND Legal Administration PO Box 91493 Seattle, WA 98111 844-552-0061 info@FinServAcquisitionCorpSPACLitigation.com www.FinServAcquisitionCorpSPACLitigation.com Inquiries, other than requests for the Notice, should be made to Plaintiff's Lead Counsel: Jeroen van Kwawegen Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas 44th Floor New York, NY 10020 800‑380‑8496 settlements@blbglaw.com David M. Sborz Andrews & Springer LLC 4001 Kennett Pike Suite 250 Wilmington, DE 19807 (302) 231-2388 dsborz@andrewsspringer.com Please Note: The parties to a related class action captioned McIntosh v. Katapult Holdings, Inc., No. 1:21-cv-07251-AS pending in the United States District Court for the Southern District of New York ("New York Action") have reached a proposed settlement of the New York Action ("New York Settlement"). Pursuant to the New York Settlement, Defendants have agreed to pay, or cause to be paid, $2,500,000 in total settlement value, with $1,775,000 paid in cash and the remaining $725,000 paid in either shares of freely-tradeable Katapult common stock or additional cash. The New York Settlement resolves claims brought on behalf of a class consisting of persons and entities that (i) purchased or otherwise acquired Katapult securities between June 15, 2021 and August 9, 2021 (both dates inclusive) and/or (ii) beneficially owned and/or held common stock of FinServ as of May 11, 2021 and were eligible to vote at FinServ's June 7, 2021 special meeting. For additional information about the New York Settlement, please contact JND Legal Administration at Katapult Securities Litigation, c/o JND Legal Administration, PO Box 91340, Seattle, WA 98111; info@Katapult-FinServSecuritiesLitigation.com; www.Katapult-FinServSecuritiesLitigation.com. BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE GIFTROCKET INC: Parties Must File Joint Status Report by Oct. 1 --------------------------------------------------------------- In the class action lawsuit captioned as Gracie Baked LLC et al., v. GiftRocket, Inc., Case No. 1:22-cv-04019 (E.D.N.Y., Filed July 08, 2022), the Hon. Judge Rachel P. Kovner entered a status report order: -- In light of the close-of-fact-discovery deadline of Aug. 10, 2024 (excluding possible post-class-certification discovery), the parties are to file a joint status letter as to any outstanding fact discovery disputes by Oct. 1, 2024. The nature of suit alleges violation of the Trademark Infringement (Lanham Act). GiftRocket offers internet shopping and internet sales of gift certificates and cards.[cc] GKN DRIVELINE: Carson FLSA Suit Seeks Conditional Certification --------------------------------------------------------------- In the class action lawsuit captioned as JOHN CARSON AND RANDALL STARK, on behalf of themselves and all others similarly situated, v. GKN DRIVELINE NORTH AMERICA, INC., Case No. 1:23-cv-00583-LCB-LPA (M.D.N.C.), the Plaintiffs ask the Court to enter an order as follows: (1) conditional certification of this action and for court- authorized notice pursuant to section 216(B) of the Fair Labor Standards Act ("FLSA"); (2) approval of the proposed notice of this action and the consent and out-out forms; (3) a production of names, job titles, dates of employment with the Defendant, locations of employment with Defendant, last-known mailing addresses, last-known cell numbers, home phone numbers, personal email addresses, dates of birth, and last four digits of their SSNs of all putative plaintiffs within 15 days of the Order; and (4) ability to distribute the Notice and Opt-in Form via first class mail, email, and text message to all putative plaintiffs of the conditionally certified collective, with a reminder mailing to be sent 45-days after the initial mailing to all non-responding putative plaintiffs. GKN Driveline manufactures automotive parts. A copy of the Plaintiffs' motion dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=bEacTD at no extra charge.[CC] The Plaintiffs are represented by: Gilda A. Hernandez, Esq. Hannah B. Simmons, Esq. Matthew S. Marlowe, Esq. THE LAW OFFICES OF GILDA A. HERNANDEZ, PLLC 1020 Southhill Drive, Suite 130 Cary, NC 27513 Telephone: (919) 741-8693 Facsimile: (919) 869-1853 E-mail: ghernandez@gildahernandezlaw.com hsimmons@gildahernandezlaw.com mmarlowe@gildahernandezlaw.com The Defendant is represented by: Paul DeCamp, Esq. Adriana S. Kosovych, Esq. EPSTEIN BECKER & GREEN, P.C. 1227 25th St., N.W., Suite 700 Washington, DC 20037 Telephone: (202) 861-1819 Facsimile: (202) 296-2882 E-mail: PDeCamp@ebglaw.com AKosovych@ebglaw.com - and - Kevin S. Joyner, Esq. Vanessa N. Garrido, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 8529 Six Forks Road, Suite 600 Raleigh, NC 27615 Telephone: (919) 787-9700 Facsimile: (919) 783-9412 E-mail: Kevin.joyner@ogletree.com Vanessa.garrido@ogletree.com GOLDMAN SACHS: Plaintiffs Seek Initial OK of Settlement ------------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2024, filed with the Securities and Exchange Commission on August 2, 2024, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in several putative securities class actions filed beginning in September 2019 in California Superior Court, County of San Francisco and the U.S. District Court for the Northern District of California, relating to Uber Technologies, Inc.'s (Uber) $8.1 billion May 2019 initial public offering. In addition to the underwriters, the defendants include Uber and certain of its officers and directors. On July 19, 2024, the plaintiffs moved for preliminary approval of a settlement. GS&Co. underwrote 35,864,408 shares of common stock representing an aggregate offering price of approximately $1.6 billion. On November 16, 2020, the court in the state court action granted defendants' motion to dismiss the consolidated amended complaint filed on February 11, 2020, and on December 16, 2020, plaintiffs appealed. On August 7, 2020, defendants' motion to dismiss the district court action was denied. On September 25, 2020, the plaintiffs in the district court action moved for class certification. On December 5, 2020, the plaintiffs in the state court action filed a complaint in the district court, which was consolidated with the existing district court action on January 25, 2021. On May 14, 2021, the plaintiffs filed a second amended complaint in the district court, purporting to add the plaintiffs from the state court action as additional class representatives. On October 1, 2021, defendants' motion to dismiss the additional class representatives from the second amended complaint was denied, and on July 26, 2022, the district court granted the plaintiffs' motion for class certification. On February 27, 2023, the U.S. Court of Appeals for the Ninth Circuit denied the defendants' petition seeking interlocutory review of the district court's grant of class certification. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GOLDMAN SACHS: Seeks Dismissal of Securities Suit ------------------------------------------------- The Goldman Sachs Group, Inc. disclosed in its Form 10-Q for the quarterly period ended June 30, 2024, filed with the Securities and Exchange Commission on August 2, 2024, that its subsidiary Goldman Sachs and Co. (GS&Co.) is among the underwriters named as defendants in a putative securities class action filed on April 7, 2023 in the U.S. District Court for the Northern District of California relating to SVB Financial Group's (SVBFG) January 2021 public offerings of $500 million principal amount of senior notes and $750 million of depositary shares representing interests in preferred stock, March 2021 public offering of approximately $1.2 billion of common stock, May 2021 public offerings of $1.0 billion of depositary shares representing interests in preferred stock and $500 million principal amount of senior notes, August 2021 public offering of approximately $1.3 billion of common stock, and April 2022 public offering of $800 million aggregate principal amount of senior notes, among other public offerings of securities. The complaint asserts claims under the federal securities laws and alleges that the offering documents contained material misstatements and omissions. The complaint seeks compensatory damages in unspecified amounts. On March 17, 2023, SVBFG filed for Chapter 11 bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York. On January 16, 2024, the plaintiffs filed a consolidated amended complaint in the putative class action, and on April 3, 2024, the defendants moved to dismiss the consolidated amended complaint. In addition to the underwriters, the defendants include certain of SVBFG's officers and directors and its auditor. GS&Co. underwrote an aggregate of 831,250 depositary shares representing an aggregate offering price of approximately $831 million, an aggregate of 3,266,108 shares of common stock representing an aggregate offering price of approximately $1.8 billion and senior notes representing an aggregate price to the public of approximately $727 million. The firm is also cooperating with and providing information to various governmental bodies in connection with their investigations and inquiries regarding SVBFG and its affiliates (collectively SVB), including the firm's business with SVB in or around March 2023, when SVB engaged the firm to assist with a proposed capital raise and SVB sold the firm a portfolio of securities. The Goldman Sachs Group, Inc., a Delaware corporation, together with its consolidated subsidiaries, is a global financial institution that delivers a broad range of financial services to a large and diversified client base that includes corporations, financial institutions, governments and individuals. GREAT AMERICAN: Le Bid for Class Certification Partly OK'd ---------------------------------------------------------- In the class action lawsuit captioned as ELLEN LEE and CHUNG LEE; Individually, and on Behalf of the Class; and HAMID R. TAVAKOLIAN, Individually only, v. GREAT AMERICAN LIFE INSURANCE COMPANY, an Ohio Corporation, Case No. 5:20-cv-01133-SPG-SHK (C.D. Cal.), the Hon. Judge Sherilyn Peace Garnett entered an order granting, in part, Plaintiffs Ellen Lee And Chung Lee's motion for class certification. The Court grants, in part, Plaintiff's motion for certification of a class under Rule 23(b)(2) and certifies the following class for declaratory relief: "All living owners of Defendant's individual life insurance policies issued in California that Defendant lapsed or terminated for nonpayment of premium on or after January 1, 2013, without first providing every notice, grace period, and offer of designation required by Insurance Code Sections 10113.71 and 10113.72." The Court appoints Plaintiffs as class representatives and appoints Nicholas & Tomasevic, LLP and Winters & Associates as class counsel. Because Plaintiffs are not the correct parties to represent the proposed damages class, the Court denies Plaintiffs’ request for certification of a class under Rule 23(b)(3) without prejudice. In 2001, the Plaintiffs Ellen Lee and Chung Lee purchased term life insurance policies from the Defendant. On June 2, 2020, former named plaintiff Hamid Tavakolian initiated this action in federal court. October 27, 2023, Plaintiffs filed the instant Motion, seeking to certify a class. Great American is engaged primarily in property and casualty insurance. A copy of the Court's order dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3GqMIm at no extra charge.[CC] HADAF LLC: Must File Response to Zeller Suit by Sept. 11 -------------------------------------------------------- In the class action lawsuit captioned as Zeller v. Hadaf LLC, Case No. 6:24-cv-06271 (E.D.N.Y., Filed May 2, 2024), the Court entered an order on motion to certify class, order on motion for discovery, and order on motion to set aside default. For the reasons stated in Defendant's motion, and given Plaintiff's non-opposition, Defendant's motion to set aside the default is granted. The Clerk's entry of default is vacated. Because Plaintiff's motion was premised on Defendant's default, the Court deems the Plaintiff's pending motion moot and denies it without prejudice. The Defendant shall file its answer or other response to the complaint by Sept. 11, 2024. On July 9, 2024, the Clerk of Court filed an entry of default against Defendant due to its failure to appear or otherwise defend. On July 26, 2024, the Plaintiff moved for class certification and for leave to take discovery prior to entry of default judgment. In Aug. 2024, counsel appeared for Defendant and moved to set aside the default. The nature of suit states torts -- personal property -- other fraud.] HANOVER VENTURES: Settlement in Gonzalez Suit Gets Initial Nod -------------------------------------------------------------- In the class action lawsuit captioned as DENNY GONZALEZ, on behalf of himself, FLSA Collective Plaintiffs and the Class, v. HANOVER VENTURES MARKETPLACE LLC, d/b/a LE DISTRICT, JOHN DOE COMPANY 1, d/b/a HPH HOSPITALITY, PAUL LAMAS, PETER A POULAKAKOS, NICOLAS ABELLO, and DAVID COUCKE, Case No. 1:21-cv-01347-ER (S.D.N.Y.), the Hon. Judge Edgardo Ramos entered an order: (1) conditionally certifying settlement class and collective action, (2) granting preliminary approval to proposed class action settlement and plan of allocation, (3) directing dissemination of notice and related material to the class, and (4) setting date for fairness hearing and related dates The Plaintiff brings claims under the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"). The Plaintiff claims that Defendants failed to pay non-exempt employees (including but not limited to waiters, bussers, food runners, cooks, dishwashers, and bartenders) the proper minimum wages and overtime compensation due to an invalid tip credit and time shaving, and failed to meet the NYLL’s requirements on wage statements and notices. The Plaintiff, for himself and others he claims are similarly situated, sought to recover, inter alia, unpaid wages, liquidated damages, penalties, and attorneys’ fees and costs. As part of the Settlement Agreement, Defendants have agreed not to oppose, for settlement purposes only, conditional certification under Federal Rules of Civil Procedure 23(a) and 23(b)(3) and 29 U.S.C. section 216(b) for the following settlement class: "Named Plaintiff and all current and former non-exempt employees (including but not limited to waiters, bussers, food runners, cooks, dishwashers, and bartenders) employed by Defendants from February 16, 2015 to July 1, 2024, who do not opt-out of the Litigation. III." Designation of the Class as an FLSA Collective Action For settlement purposes only, the Court finds that the members of the Class are similarly situated within the meaning of Section 216(b) of the Fair Labor Standards Act, 29 U.S.C. § 216(b), for purposes of determining whether the terms of the Settlement are fair. Accordingly, the Court conditionally certifies the Class as an FLSA collective action. The Court authorizes the revised Class Notice (Doc. 151-5) to be mailed to potential members of the FLSA collective action, notifying them of the pendency of the FLSA claim, and of their ability to join the lawsuit. As to the proposed plan of allocation, the Court finds that the proposed plan is rationally related to the relative strengths and weaknesses of the respective claims asserted. The proposed plan of allocation is also within the range of possible approval such that notice to the Class is appropriate. Accordingly, the Court hereby grants preliminary approval to the Settlement Agreement and the plan of allocation. The Court schedules, for November 21, 2024, at 10:00 a.m., a hearing to determine whether to grant final certification of the Class, and the FLSA collective action, and final approval of the Settlement Agreement and the plan of allocation. Le District is a market serving fresh Charcuterie, Crepes, Pastries, and more. A copy of the Court's order dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=1RVwJx at no extra charge.[CC] HEALTH CAREER: Court Endorses Partial OK of Class Cert Bid ---------------------------------------------------------- In the class action lawsuit captioned as BRITTANY ROBERSON, et al., v. HEALTH CAREER INSTITUTE LLC, et al., Case No. 9:22-cv-81883-RAR (S.D. Fla.), the Hon. Judge Ryon M. Mccabe recommends that the Plaintiffs' motion for certification of a Rule 23 Class be granted in part and denied in part as follows: 1. As to Count 1, the Court recommends that no class be certified. 2. As to Count 2, the Court recommends that no class be certified. 3. As to Count 3, the Court recommends the following modified class be certified: "All students who enrolled in the RN Program at HCI after Sept. 1, 2019, who also entered into a retail installment contract, and who did not graduate." 4. As to Count 4, the Court recommends that no class be certified. 5. As to Count 5, the Court recommends that no class be certified. 6. As to Count 6, the Court recommends that no class be certified. 7. As to Count 7, the Court recommends that no class be certified. 8. As to Count 8, the Court recommends the following class be certified: "All class members who enrolled in the Capstone nursing course and paid for VATI after Sept. 1, 2019." 9. As to Count 9, the Court recommends that no class be certified. 10. As to Count 10, the Court recommends that no class be certified. The parties shall have 14 days from the date of being served with a copy of this Modified Report and Recommendation within which to file written objections, if any, with United States District Judge Rodolfo A. Ruiz, II. Failure to file objections timely shall bar the parties from a de novo determination by the District Judge of an issue covered in the Report and Recommendation and shall bar the parties from attacking on appeal unobjected-to factual and legal conclusions contained in this Report and Recommendation. This is a putative class action against a for-profit nursing school. A copy of the Court's modified report & recommendation dated Aug. 21, 2024 is available from PacerMonitor.com at https://urlcurt.com/u?l=SmqEgx at no extra charge.[CC] HIGHPEAK ENERGY: Guillot FLSA Suit Transferred to N.D. Texas ------------------------------------------------------------ The case styled as Ryan Guillot, individually and on behalf of all others similarly situated v. HighPeak Energy, Inc., Case No. 7:24-cv-00041 was transferred from the U.S. District Court for the Western District of Texas, to the U.S. District Court for the Northern District of Texas on Aug. 21, 2024. The District Court Clerk assigned Case No. 6:24-cv-00057-H to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. HighPeak Energy -- https://www.highpeakenergy.com/ -- is an independent oil and natural gas company engaged in the acquisition, development and production of oil, natural gas and NGL reserves.[BN] The Plaintiff is represented by: Carl A. Fitz, Esq. FITZ LAW PLLC 3730 Kirby Drive, Suite 1200 Houston, TX 77098 Phone: (713) 766-4000 Email: carl@fitz.legal - and - Matthew Scott Parmet, Esq. PARMET PC 2 Greenway Plaza, Suite 250 Houston, TX 77046 Phone: (713) 999-5200 Email: matt@parmet.law The Defendants is represented by: Russell D. Cawyer, Esq. Taylor J. Winn, Esq. KELLY HART & HALLMAN LLP 201 Main Street, Suite 2500 Fort Worth, TX 76102-3194 Phone: (817) 332-2500 Fax: (817) 335-2820 Email: russell.cawyer@kellyhart.com taylor.winn@kellyhart.com HOM FURNITURE INC: Dalton Sues Over Blind-Inaccessible Website -------------------------------------------------------------- Julie Dalton, individually and on behalf of all others similarly situated v. Hom Furniture Inc. d/b/a Dock 86, Case No. 0:24-cv-03435-DSD-DJF (D. Minn., Aug. 27, 2024), is brought arising because Defendant's Website (www.dock86.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 furniture, home furnishings, and accessories for sale including, but not limited to, couches, sofas, tables, chairs, mattresses, rugs, décor, 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 HOME DEPOT: Cano Sues Over Breach of ERISA's Fiduciary Duties ------------------------------------------------------------- Gaudalupe Cano, individually as a representative of a class of participants and beneficiaries on behalf of The Home Depot FutureBuilder Plan v. THE HOME DEPOT, INC.; THE ADMINISTRATIVE COMMITTEE OF THE HOME DEPOT FUTUREBUILDER; and DOES 1 to 10 inclusive, Case No. 1:24-cv-03793-LMM (N.D. Ga., Aug. 26, 2024), is brought under the Employee Retirement Income Security Act ("ERISA") against the Defendants for breach of ERISA's fiduciary duties, violation of ERISA's anti-inurement provision, and engaging in self-dealing and transactions prohibited by ERISA. In spite of ERISA's requirements, throughout the Class Period Defendants have consistently failed to use the forfeited funds to pay Plan administrative expenses, and thereby reduce or eliminate the amounts charged to the participants' individual accounts to cover such expenses. Instead, Defendants have consistently utilized the forfeited funds in the Plan exclusively for the Company's own benefit, to the detriment of the Plan and its participants, by using these Plan assets solely to reduce Company contributions to the Plan. Using the forfeitures to "reduce employer contributions" is always in the best interest of Home Depot because that option would decrease the Company's own contribution costs. Absent a risk that Home Depot would be unable to satisfy its contribution obligations under the Plan, using forfeitures to pay Plan expenses would be in the participants' best interest because that option would reduce or eliminate amounts otherwise charged to their accounts to cover such expenses. In deciding between using the forfeiture to benefit Home Depot or using the forfeitures to benefit the participants, Defendants are presented with a conflict of interest in administering the Plan and managing and disposing of its assets. Despite the Conflict of interest Presented by this decision, Defendants failed to undertake any investigation into which option was in the best interest of the Plan's participants and beneficiaries. The Defendants also failed to consult with an independent non-conflicted decisionmaker to advise them in deciding upon the best course of action for allocating the forfeitures in the Plan, as a prudent person would have done, says the complaint. The Plaintiff is a resident of Illinois, was employed by Home Depot in Juliett, Illinois. The Home Depot, Inc. is an American multinational home improvement retail corporation that sells tools, construction products, appliances, and services with offices in Atlanta, Georgia.[BN] The Plaintiff is represented by: Justin T. Holcombe, Esq. SKAAR & FEAGLE LLP 133 Mirramont Lake Drive Woodstock, GA 30189 Phone: (770) 427-5600 Fax: (404) 601-1855 Email: jholcombe@skaarandfeagle.com - and - Eric Lechtzin, Esq. Shoshana Savett, Esq. EDELSON LECHTZIN LLP 411 S. State Street, Suite N-300 Newtown, PA 18940 Phone: (215) 867-2399 Fax: (267) 685-0676 Email: elechtzin@edelson-law.com ssavett@edelson-law.com HOMEWORKS ENERGY: Court Extends Deadline to Oppose Class Cert Bid ----------------------------------------------------------------- In the class action lawsuit captioned as Giguere v. Homeworks Energy, Inc., et al., Case No. 3:21-cv-30015 (D. Mass., Filed Feb. 5, 2021), the Hon. Judge Mark G. Mastroianni entered an order granting motion for extension of time of deadline to oppose class certification. The nature of suit states Fair Labor Standards Act (FLSA). HomeWorks specializes in energy assessment and consulting.[CC] ISPEEDTOLEAD INC: Aguilera Files Suit in E.D. California -------------------------------------------------------- A class action lawsuit has been filed against ISpeedToLead Inc. The case is styled as Emiliano Aguilera, individually and on behalf of all those similarly situated v. ISpeedToLead Inc., Case No. 1:24-cv-01021-CDB (E.D. Cal., Aug. 27, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. iSpeedToLead -- https://ispeedtolead.com/ -- is the fastest and easiest way to get the leads consumers need to succeed in real estate business.[BN] The Plaintiff is represented by: Gerald D. Lane, Jr., Esq. THE LAW OFFICES OF JIBRAEL S. HINDI 110 SE 6th Street, Suite 1744 Fort Lauderdale, FL 33301 Phone: (754) 444-7539 Email: gerald@jibraellaw.com IZZYS BBQ: Zapeta Sues Over Unpaid Overtime Wages ------------------------------------------------- Sebastian Zapeta, on behalf of himself and others similarly situated v. IZZYS BBQ INC. d/b/a IZZY'S BROOKLYN SMOKEHOUSE, IZZY'S BBQ MANHATTAN LLC d/b/a IZZY'S SMOKEHOUSE, ISRAEL EIDELMAN, a/k/a SRULI "IZZY" EIDELMAN, Case No. 1:24-cv-06395 (S.D.N.Y., Aug. 23, 2024), is brought pursuant to the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"), to recover from Defendants: unpaid wages, including overtime, due to time-shaving; unpaid wages, including overtime, due to improper rounding of hours; unpaid spread of hours premiums; compensantion for late payment of wages; statutory penalties; liquidated damages; and attorneys' fees and costs. The Plaintiff and Class Members did not receive wage statements that were in compliance with the NYLL. Plaintiff and Class Members received fraudulent wage statements that failed to accurately reflect the number of hours worked and their proper compensation. Due to Defendants' illegal policy of rounding and time-shaving, Plaintiff's and Class Members' wage statements failed to include the number of regular hours worked, and the number of overtime hours worked in violation of the NYLL. The Defendants failed to provide Plaintiff and Class Members with wage notices at hiring and at dates of all wage changes thereafter. Plaintiff and Class Members did not receive wage notices either upon being hired or upon wage changes since the date of hiring, in violation of the NYLL, says the complaint. The Plaintiff was hired by Defendants to work as a Porter for Defendants' Izzy's Brooklyn Smokehouse. The Defendants collectively own and operate a 2 restaurant enterprise in New York under the trade name "Izzy's."[BN] The Plaintiff is represented by: C.K. Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, Eighth Floor New York, NY 10011 Phone: 212-465-1180 Fax: 212-465-1181 JOHN PAUL: Hearing on Class Cert Bid Set for May 15, 2025 --------------------------------------------------------- In the class action lawsuit captioned as RANDALL HEAGNEY, RICA GUERRERO, KERRIE GONNELLA, JOHN ROHLOFF, and JEWEL RULE, individually and on behalf of themselves and all others similarly situated, v. JOHN PAUL MITCHELL SYSTEMS, Case No. 3:23-cv-00687-VC (N.D. Cal.), the Hon. Judge Vince Chhabria entered an order granting the Plaintiffs' administrative motion regarding the class certification briefing schedule. Event Proposed Dates Class Certification Expert Initial: Dec. 12, 2024 Disclosures Rebuttal: Jan. 23, 2025 Cutoff: Feb. 20, 2025 Class Certification Briefing Motion: March 6, 2025 and Dauberts related to Class Response: April 10, 2025 Certification Reply: May 1, 2025 Hearing on Class Certification May 15, 2025 Motion Further Case Management Conference June 6, 2025 John Paul is an American manufacturer of hair care products and styling tools. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Vp67lB at no extra charge.[CC] KNIGHT SACRAMENTO: Phan Files Suit in Cal. Super. Ct. ----------------------------------------------------- A class action lawsuit has been filed against Knight Sacramento SU Inc., et al. The case is styled as Michelle Phan, an individual, on behalf of herself and on behalf of all persons similarly situated v. Knight Sacramento SU Inc., Knight Sacramento V Inc., Knight Sacramento AC Inc., Knight Sacramento AU Inc., Knight Sacramento CD Inc., Knight Claremont Inc., Knight Sunrise Fontana LLC., Knight Sunrise Hollywood LLC., Does 1-50, Case No. 24CV016958 (Cal. Super. Ct., Sacramento Cty., Aug. 27, 2024). The case type is stated as "Other Employment Complaint Case." Knight Sacramento SU Inc. -- https://www.knighthasit.com/ -- offers used car dealers & new car dealers.[BN] The Plaintiff is represented by: Jean-Claude Lapuyade, Esq. JCL LAW FIRM, APC 5440 Morehouse Dr., Ste. 3600 San Diego, CA 92121-6720 Phone: 619-599-8292 Fax: 619-599-8291 Email: jlapuyade@jcl-lawfirm.com KRAFT HEINZ: Brinker Suit Transferred to N.D. Illinois ------------------------------------------------------ The case styled as Cecil Brinker, individually and on behalf of all other similarly situated v. The Kraft Heinz Foods Company, Does 1 through 10, Case No. 4:24-cv-00704 was transferred from the U.S. District Court for the Eastern District of Missouri, to the U.S. District Court for the Northern District of Illinois on Aug. 21, 2024. The District Court Clerk assigned Case No. 1:24-cv-07515 to the proceeding. The nature of suit is stated as Other Fraud. Kraft Heinz -- https://www.kraftheinzcompany.com/ -- is the third-largest food and beverage company in North America and the fifth-largest in the world.[BN] The Plaintiff is represented by: Daniel F. Harvath, Esq. HARVATH LAW GROUP LLC 75 W. Lockwood, Suite 1 St. Louis, MO 63119 Phone: (314) 550-3717 Email: dharvath@harvathlawgroup.com The Defendants is represented by: Dean Nicholas Panos, Esq. JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654 Phone: (312) 222-9350 Email: dpanos@jenner.com - and - Lisa A. Pake, Esq. HAAR & WOODS, LLP 1010 Market Street, Suite 1620 St. Louis, MO 63101 Phone: (314) 241-2224 Email: lpake@haar-woods.com - and - Alex Smith, Esq. JENNER & BLOCK LLP 515 South Flower Street, Suite 3300 Los Angeles, CA 90071 Phone: (213) 239-5100 Email: asmith@jenner.com LEND HOME: Mays Files TCPA Suit in N.D. Illinois ------------------------------------------------ A class action lawsuit has been filed against Lend Home Improvements, LLC. The case is styled as Crystal Mays, individually and on behalf of all others similarly situated v. Lend Home Improvements, LLC, Case No. 1:24-cv-07754 (N.D. Ill., Aug. 27, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Lend Home Improvements, LLC -- https://www.lendhomeimprovements.com/ -- offers Home Improvement Financing.[BN] The Plaintiff is represented by: Gustavo Ponce, Esq. KAZEROUNI LAW GROUP APC 245 Fischer Avenue, Suite D1 Costa Mesa, CA 89148 Phone: (800) 520-5523 Email: gustavo@kazlg.com LIGHTNING EMOTORS: $13.35MM Class Settlement to be Heard on Nov. 19 ------------------------------------------------------------------- Robbins Geller Rudman & Dowd LLP issued a statement regarding the Lightning eMotors Securities Settlement: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:21-cv-02774-RMR-KAS (consolidated with 1:21-cv-3215-RMR-KAS) JOHNNY R. SHAFER, DAVID P. SARRO, KEVIN L. TYE, JESS Q. WILLIAMS, JUSTIN COHEN, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, v. LIGHTNING EMOTORS, INC., TIMOTHY R. REESER, TERESA P. COVINGTON, GIGACQUISITIONS3 LLC, GIGCAPITAL GLOBAL, AVI S. KATZ, RALUCA DINU, NEIL MIOTTO GIGFOUNDERS LLC, BRAD WEIGHTMAN, ANDREA BETTI-BERUTTO, PETER WANG, JOHN J. MIKULSKY, and ROBERT FENWICK-SMITH, Defendants. IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE C.A. NO. 2021-0679-LWW RICHARD DELMAN, Plaintiff, v. RICHARD DELMAN, C.A. NO. 2021-0679-LWW Plaintiff, v. GIGACQUISITIONS3, LLC, AVI KATZ, RALUCA DINU, NEIL MIOTTO, JOHN MIKULSKY, ANDREA BETTI-BERUTTO, and PETER WANG, Defendants. SUMMARY NOTICE OF PENDENCY AND PROPOSED CLASS ACTION SETTLEMENT TO: ALL PERSONS AND ENTITIES WHO: (i) PURCHASED OR OTHERWISE ACQUIRED PUBLICLY TRADED SECURITIES ISSUED PURSUANT TO GIGCAPITAL3, INC.'S FORM S-1 REGISTRATION STATEMENT DECLARED EFFECTIVE ON MAY 5, 2020 WITH THE SECURITIES AND EXCHANGE COMMISSION, AS AMENDED BY POST-EFFECTIVE AMENDMENT NO. 1, FILED ON MAY 13, 2020; (ii) ALL STOCKHOLDERS OF GIGCAPITAL3, INC. AS OF THE MARCH 15, 2021 RECORD DATE THAT WERE ENTITLED TO VOTE ON GIGCAPITAL3, INC.'S PROPOSED TRANSACTION TO ACQUIRE LIGHTNING SYSTEMS; (iii) PURCHASED OR OTHERWISE ACQUIRED GIGCAPITAL3, INC. OR LIGHTNING EMOTORS SECURITIES DURING THE PERIOD FROM MAY 18, 2020 THROUGH AUGUST 16, 2021, INCLUSIVE, AND WERE DAMAGED THEREBY; OR (iv) WERE RECORD AND BENEFICIAL HOLDERS OF GIGCAPITAL3, INC. COMMON STOCK WHO HELD SUCH STOCK DURING THE TIME PERIOD FROM THE RECORD DATE (MARCH 15, 2021) THROUGH THE CLOSING DATE (MAY 6, 2021) (THE "SETTLEMENT CLASS" OR "SETTLEMENT CLASS MEMBERS") AND ARE NOT OTHERWISE EXCLUDED FROM THE SETTLEMENT CLASS. THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT JUNK MAIL, AN ADVERTISEMENT, OR SOLICITATION FROM A LAWYER. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS ENTIRETY. YOUR RIGHTS MAY BE AFFECTED BY PROCEEDINGS IN THE LITIGATION. PLEASE NOTE THAT IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU MAY BE ENTITLED TO SHARE IN THE PROCEEDS OF THE SETTLEMENT DESCRIBED IN THIS NOTICE. TO CLAIM YOUR SHARE OF THE SETTLEMENT PROCEEDS, YOU MUST SUBMIT A VALID PROOF OF CLAIM AND RELEASE FORM ("PROOF OF CLAIM") POSTMARKED OR SUBMITTED ONLINE ON OR BEFORE NOVEMBER 11, 2024. YOU ARE HEREBY NOTIFIED that a hearing will be held on November 19, 2024, at 3:00 p.m. MST, before the Honorable Regina M. Rodriguez, U.S. District Court for the District of Colorado, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, CO 80294, to determine whether: (1) the proposed settlement (the "Settlement") of the action pending in the United States District Court for the District of Colorado styled as Shafer v. Lightning eMotors, Inc., et al., No. 1:21-cv-02774-RMR-KAS (the "Federal Action"), as well as the action pending in the Delaware Court of Chancery styled as Delman v. GigAcquisitions3, LLC, et al., C.A. No. 2021-0679-LWW (the "State Action," and together with the Federal Action, the "Actions") as set forth in the Stipulation of Settlement dated July 1, 2024 ("Stipulation") 1 for $13,350,000 in cash should be approved by the Court as fair, reasonable, and adequate; (2) the Judgment as provided under the Stipulation should be entered with prejudice; (3) to award Plaintiffs' Counsel attorneys' fees and expenses out of the Settlement Fund (as defined in the Notice of: (I) Proposed Settlement and Plan of Allocation; (II) Settlement Hearing; and (III) Motion for an Award of Attorneys' Fees and Expenses ("Notice"), which is discussed below), and, if so, in what amount; (4) to award Plaintiffs for representing the Settlement Class out of the Settlement Fund and, if so, in what amount; and (5) the Plan of Allocation should be approved by the Court as fair, reasonable, and adequate. This Summary Notice relates to a proposed settlement of claims in two pending class actions brought by investors in GigCapital3, Inc. and/or Lightning eMotors, Inc. securities. The Federal Action alleges that Defendants violated the federal securities laws by engaging in a fraudulent scheme, including by making false and misleading statements and omissions regarding, among other things, Lightning eMotors' growth and revenue projections, supply chain capabilities, and ability to scale during the Class Period. The Federal Action alleges that Defendants' misrepresentations and omissions artificially inflated the prices of Lightning Securities during the Class Period, resulting in damage to Settlement Class Members when the truth was revealed. The State Action alleges that certain Defendants violated Delaware state law by impairing GigCapital3 shareholders' redemption rights, including through proxy solicitation materials containing false and misleading misrepresentations and omissions, resulting in damage to Settlement Class Members. Defendants deny each and every claim and contention alleged in the Actions and deny any misconduct or wrongdoing whatsoever. IF YOU PURCHASED OR OTHERWISE ACQUIRED GIGCAPITAL3 OR LIGHTNING EMOTORS SECURITIES FROM MAY 18, 2020 THROUGH AND INCLUDING AUGUST 16, 2021, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF THE FEDERAL ACTION AND THE STATE ACTION. To share in the distribution of the Net Settlement Fund, you must establish your rights by submitting a Proof of Claim and Release form ("Proof of Claim") by mail (postmarked no later than November 11, 2024) or electronically (no later than November 11, 2024). Your failure to submit your Proof of Claim by November 11, 2024, will subject your claim to rejection and preclude your receiving any of the recovery in connection with the Settlement of the Federal Action and the State Action. If you are a member of the Settlement Class and do not request exclusion therefrom as instructed, you will be bound by the Settlement and any judgment and release entered in the Federal Action and the State Action, including, but not limited to, the Judgment, whether or not you submit a Proof of Claim. If you have not received a copy of the Notice, which more completely describes the Settlement and your rights thereunder (including your right to object to the Settlement), and a Proof of Claim, you may obtain these documents, as well as a copy of the Stipulation (which, among other things, contains definitions for the defined terms used in this Summary Notice) and other settlement documents, online at www.LightningeMotorsSecuritiesSettlement.com, or by writing to: Lightning eMotors Securities Settlement Claims Administrator c/o Gilardi & Co. LLC P.O. Box 301170 Los Angeles, CA 90030-1170 Inquiries should NOT be directed to Defendants, the Court, or the Clerk of the Court. Inquiries, other than requests for the Notice or for a Proof of Claim, may be made to: Plaintiffs' Counsel: ROBBINS GELLER RUDMAN & DOWD LLP Ellen Gusikoff Stewart 655 West Broadway Suite 1900 San Diego, CA 92101 JOHNSON FISTEL, LLP Michael I. Fistel, Jr. 40 Powder Springs Street Marietta, GA 30064 GRANT & EISENHOFER P.A. Michael J. Barry 123 Justison Street 7th Floor Wilmington, DE 19801 IF YOU DESIRE TO BE EXCLUDED FROM THE SETTLEMENT CLASS, YOU MUST SUBMIT A REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY OCTOBER 18, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL MEMBERS OF THE SETTLEMENT CLASS WHO HAVE NOT REQUESTED EXCLUSION FROM THE SETTLEMENT CLASS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY PROOF OF CLAIM. IF YOU ARE A SETTLEMENT CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY PLAINTIFFS' COUNSEL FOR AN AWARD OF ATTORNEYS' FEES AND EXPENSES, AND/OR THE AWARD TO PLAINTIFFS FOR REPRESENTING THE SETTLEMENT CLASS. ANY OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO PLAINTIFFS' COUNSEL AND DEFENDANTS' COUNSEL BY OCTOBER 18, 2024, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. DATED: July 23, 2024 BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 1 The Stipulation can be viewed and/or obtained at www.LightningeMotorsSecuritiesSettlement.com. All capitalized terms used herein and not otherwise defined shall have the same meaning as ascribed to them in the Stipulation. CONTACT: Media Contact: Robbins Geller Rudman & Dowd LLP Shareholder Relations Department Greg Wood (619) 231-1058 LINCARE INC: Morris Seeks Leave to File Reply to Opposition ----------------------------------------------------------- In the class action lawsuit captioned as JANET MORRIS, individually and on behalf of all others similarly situated, v. LINCARE, INC., Case No. 8:22-cv-02048-CEH-AAS (M.D. Fla.), the Plaintiff asks the Court to enter an order granting motion for leave to file reply to the Defendant's opposition to the Plaintiff's motion for class certification. Lincare is a provider of oxygen and other respiratory therapy services to patients in the home. A copy of the Plaintiff's motion dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=9SwrEW at no extra charge.[CC] LOCAL UNION 98: Bark Suit Removed to E.D. Pennsylvania ------------------------------------------------------ The case styled as Robert Bark, individually and on behalf of all similarly situated persons v. LOCAL UNION 98 INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, Case No. 240600116 was removed from the Court of Common Pleas of Philadelphia County, to the United States District Court for the Eastern District of Pennsylvania on Aug. 27, 2024, and assigned Case No. 2:24-cv-04499. The State Complaint states a claim preempted by Section 301 of the Labor Management Relations Act ("LMRA").[BN] The Defendants are represented by: William T. Josem, Esq. Ryan R. Sweeney, Esq. CLEARY, JOSEM & TRIGIANI, LLP 325 Chestnut Street, Suite 200 Philadelphia, PA 19106 Phone: (215) 735-9099 Fax: (215) 640-3201 LOS ANGELES, CA: Discovery Cut-Off in Astorga Set for Dec. 15 ------------------------------------------------------------- In the class action lawsuit captioned as Christina Astorga v. County of Los Angeles et al., Case No. 2:20-cv-09805-AB-AGR (C.D. Cal.), the Hon. Judge Andre Birotte Jr. entered an order regarding stay: -- The Court has considered the parties' respective positions and finds that while a stay is appropriate with respect to setting a trial date, and hearing any major motions, the Court agrees that there is no need to stay discovery specifically. -- Therefore, the Court sets a discovery cut-off date of Dec. 15, 2024. When the class certification review is complete and a Berg trial date is set, the parties shall meet and confer to complete an amended Rule 26(f) conference and report, and the Court will set a full trial schedule. -- Parties are ordered to file a status report within seven (7) days of the Ninth Circuit's ruling. The Court advises the parties that as of the consolidation of Padilla (22-cv6224) with Astorga (20-cv-09805), Padilla is closed and Astorga is the open, lead case. Going forward, all filings must be in the Astorga matter. On June 21, 2024, the Court held a status conference at which the parties reached initial alignment regarding a stay due to the upcoming trial date in Berg v. County of Los Angeles, et. al. Since the status conference, the parties filed in Padilla a joint status report, and the Plaintiffs separately filed an additional status report. The Plaintiffs have changed their position regarding the stay and now seek to set a case schedule so that they may proceed with discovery. To be sure, the parties had initially filed a Rule 26(f) report on Jan. 20, 2023, in the Padilla case but the Scheduling Conference was continued numerous times while summary judgment in Astorga was pending. The change in the Plaintiffs' position comes after the Ninth Circuit recently agreed to review the class certification order in Berg, and the Plaintiffs believe that the Berg trial date is likely to be continued. Plaintiffs argue that Padilla, unlike Astorga, was in its earliest stages of litigation and no discovery was ever commenced, particularly because a scheduling order was never entered. The Plaintiffs argue that staying discovery "hampers their ability to obtain evidence before it dissipates with the passage of time, all while serving no interest of the Court." The Defendants maintain that the case should be stayed until the resolution of Berg, or at least until the class certification order is reviewed. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Za4b2c at no extra charge.[CC] LOS ANGELES, CA: Lee Suit Removed from State Court to C.D. Cal. --------------------------------------------------------------- In the class action lawsuit captioned 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 (Filed July 2, 2024) was removed from the Superior Court of the State of California in and for the County of Los Angeles, to the U.S. District Court for the Central District of California on Aug. 19, 2024. The C.D. Cal Court Clerk assigned Case No. 2:24-cv-07032-CBM-MAR to the proceedings. The suit asserts two state law causes of action and one federal cause of action. 2. City was served with Plaintiff's summons and complaint on August 2, 2024. This action is a civil action of which the District Court has original jurisdiction under 28 U.S.C. section 1331, and is one which may be removed to U.S. District Court by defendant pursuant to the provisions of 28 U.S.C. section 1441(a) in that Plaintiff’s second cause of action for violation of the Fair Labor Standards Act arises under 29 U.S.C. sections 201 et seq. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=KXGtSp at no extra charge.[CC] 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 Telephone: (213) 978-8200 Facsimile: (213) 978-8216 E-mail: b.levine@lacity.org MCLANE/SUNEAST INC: Saetern Suit Removed to E.D. California ----------------------------------------------------------- The case styled as Chan Saetern, an individual, and on behalf of others similarly situated v. MCLANE/SUNEAST, INC., a Texas Corporation doing business as MCLANE SUNEAST, INC.; MCLANE COMPANY, INC., a Texas Corporation; MCLANE BEVERAGE DISTRIBUTION, INC., a Texas corporation; MCLANE FOODSERVICE DISTRIBUTION, INC., a North Carolina corporation; MCLANE FOODSERVICE, INC., a Texas corporation; MCLANE INTERSTATE WAREHOUSE, INC., a Texas corporation; MCLANE/WESTERN, INC., a Colorado corporation; JOSE TORRES, an individual, and DOES 1 through 100, inclusive, Case No. 24CV-02863 was removed from the Superior Court of the State of California in and for the County of Merced, to the United States District Court for the Eastern District of California on Aug. 22, 2024, and assigned Case No. 1:24-at-00666. The Plaintiff's Complaint alleges 10 purported causes of action in violation of California Labor Code for: Unpaid Overtime; Unpaid Minimum Wages; Failure to Provide Meal Periods; Failure to Provide Rest Periods; Final Wages Not Timely Paid; Non-Compliant Wage Statements; Regular Wages Not Timely Paid; Unreimbursed Business Expenses; and Unpaid Vacation Wages; and violation of the California Unfair Competition Law ("UCL"), California Business & Professions Code (UCL Violations).[BN] The Defendants are represented by: Matthew C. Kane, Esq. Amy E. Beverlin, Esq. Kerri H. Sakaue, Esq. BAKER & HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067-4508 Phone: 310.820.8800 Facsimile: 310.820.8859 Email: mkane@bakerlaw.com abeverlin@bakerlaw.com ksakaue@bakerlaw.com - and - Sylvia J. Kim, Esq. BAKER & HOSTETLER LLP Transamerica Pyramid 600 Montgomery Street, Suite 3100 San Francisco, CA 94111-2806 Phone: 415.659.2600 Facsimile: 415.659.2601 Email: sjkim@bakerlaw.com MENTAL HEALTH CENTER: Hutto Suit Removed to N.D. Alabama -------------------------------------------------------- The case styled as Frankie Hutto, individually and on behalf of all others similarly situated v. MENTAL HEALTH CENTER OF NORTH CENTRAL ALABAMA, INC.; and Fictitious Defendants "A," "B," "C," "D," and "E," whether singular or plural, or other entities whose wrongful conduct caused or contributed to cause the injuries and damages to the Plaintiff, all of whose true and correct identities are unknown to the Plaintiff at this time, but will be substituted by amendment when ascertained, Case No. 52-CV-2024-900325.00 was removed from the Circuit Court of Morgan County, Alabama, to the United States District Court for the Northern District of Alabama on Aug. 21, 2024, and assigned Case No. 5:24-cv-01150-LCB. On July 18, 2024, Plaintiff Frankie Hutto ("Representative Plaintiff") commenced the above-referenced action in the Circuit Court of Morgan County, Alabama (the "State Court") by filing a Class-Action Complaint (the "Complaint") against MHCNCA, alleging violations of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Federal Trade Commission Act ("FTC Act"), as well as causes of action for negligence, breach of implied contract, unjust enrichment, and breach of fiduciary duty.[BN] The Defendants are represented by: Christopher J. Seusing, Esq. Sean V. Patel, Esq. WOOD SMITH HENNING &BERMAN, LLP 11 North Water Street, 10th Floor Mobile, AL 36602 Phone: (251) 515-2100 Fax: (251) 515-2101 Email: cmccaffrey@wshblaw.com cseusing@wshblaw.com spatel@wshblaw.com MICHELS CORPORATION: Class Cert Bid Filing Deadline Vacated ----------------------------------------------------------- In the class action lawsuit captioned as Beyer v. Michels Corporation, Case No. 2:21-cv-00514 (E.D. Wisc., April 21, 2021), the Hon. Judge Pamela Pepper entered an order granting the plaintiff's unopposed motion to amend scheduling order: -- The deadline for the plaintiff to file a motion for class certification is vacated. -- If necessary, the court will set a new deadline after ruling on the Defendant's motion to dismiss. The suit alleges violation of the Fair Labor Standards Act (FLSA). Michels is a family-owned and operated energy and infrastructure construction company headquartered in Brownsville, Wisconsin.[CC] MIKE BLOOMBERG: Bid to Strike Portions of Wood TAC OK'd -------------------------------------------------------- In the class action lawsuit captioned as DONNA WOOD, et al., individually and on behalf of all others similarly situated, v. MIKE BLOOMBERG 2020, INC., Case No. 1:20-cv-02489-LTS-GWG (S.D.N.Y.), the Hon. Judge Laura Taylor Swain entered an order granting the Defendant's motion pursuant to Federal Rule of Civil Procedure 12(f) to strike portions of the Third Amended Complaint. The Plaintiffs are directed to file a Fourth Amended Complaint without the specific allegations in paragraphs 3-33, 35-58, 83, 85, 87, 89, 91, 93, 95, 97, 99, 101, 103, 105, 107, 109, 111, 113, 115, 117, 119, 121, 123, 125, 127, 129, 131, 133, 135, 137, 139, 141, 143, 145, 147, 149, 151, 153, 155, 157, 159, 161, 162, 164, 166, 168, 170, 172, 174, 176, 178, and 180 of the Third Amended Complaint. This case remains referred to Magistrate Judge Gorenstein for general pretrial management. In sum, the Plaintiffs have failed to show how allegations related to promises for continued employment through the November 2020 election are relevant or pertinent to the remaining claims in this case The Plaintiffs commenced this lawsuit on March 23, 2020, asserting wage and hour claims under the FLSA and common law claims for fraudulent inducement and promissory estoppel. On March 30, 2020, the Plaintiffs filed a First Amended Complaint in which they added wage and hour claims under the laws of various states. On May 18, 2020, Plaintiffs filed their Second Amended Complaint. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=otoEjD at no extra charge.[CC] MIKE BLOOMBERG: Sinclair's Renewed Bid for Class Status Tossed -------------------------------------------------------------- In the class action lawsuit captioned as RODNEY SINCLAIR, individually and on behalf of all others similarly situated, v. MIKE BLOOMBERG 2020, INC., Case No. 1:20-cv-04528-LTS-GWG (S.D.N.Y.), the Hon. Judge Laura Taylor Swain entered an order: -- denying Mr. Sinclair's renewed motion for class certification, without prejudice to any application to litigate the claims in a forum of competent jurisdiction, and -- denying as moot the Campaign's motion to strike. Mr. Sinclair is ordered to show cause why this action should not be dismissed for lack of subject matter jurisdiction. The Plaintiff's written response, which should explain whether and on what basis the Court has diversity jurisdiction to hear Mr. Sinclair's individual claims, must be filed by Sept. 18, 2024. This case remains referred to Magistrate Judge Gorenstein for general pretrial management. Mr. Sinclair asserts that there are 35 proposed class members in this putative class action, so his pro rata share of his counsel's lodestar at this point in the litigation is less than $13,500. Mr. Sinclair does not argue that the work to date concerned solely his individual claims; nor does he argue that an additional $31,500 in pro rata attorneys' fees is likely to be accrued if this litigation proceeds as a class action. Because the Court denies Mr. Sinclair's Renewed Motion for Class Certification on the ground that the Court lacks jurisdiction of the action, the Campaign's Motion to Strike is denied as moot. In this putative class action, Mr. Sinclair, individually and on behalf of all others similarly situated who have worked as exempt-classified Field Organizers ("FOs") in Massachusetts for the Defendant, asserts claims against the Campaign pursuant to the Massachusetts wage and labor laws. Michael Bloomberg is the Former mayor of New York and is a candidate in the 2020 US presidential election. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=78v6u4 at no extra charge.[CC] NATIONAL FREIGHT: Bid for Leave to File Amended Complaint Tossed ---------------------------------------------------------------- In the class action lawsuit captioned as STOYAN KOLEV, et al., v. NATIONAL FREIGHT, INC., et al., Case No. 1:21-cv-15107-JHR-EAP (D.N.J.), the Hon. Judge Elizabeth Pascal entered an order denying the Plaintiffs' motion for leave to file an amended complaint. The Court finds that Plaintiffs have not met their burden to establish the necessary diligence for a finding of good cause. For this reason, the Court denies Plaintiffs' motion to amend the complaint. However, for completeness, the Court will address Plaintiffs’ arguments for leave to amend under Rule 15. Accordingly, the Court concludes that the proposed amended complaint destroys complete diversity. When focusing on Plaintiffs' reasons for not moving to amend sooner, the Court finds that Plaintiffs' delay in bringing this motion is undue. While this case many have been delayed for reasons outside of the Plaintiffs' control (i.e., resolution of a dispositive motion, mediation), the fact remains that Plaintiffs cannot adequately justify its delay. Fact discovery has been ongoing for fifteen months and is wrapping up. The Plaintiffs had multiple opportunities to bring this dispute to the Court's attention with a proposed amended pleading but failed to do so. Accordingly, the Court finds that the more than one year delay in bringing the present motion is entirely undue. On Aug. 10, 2021, the Plaintiffs filed their Complaint initiating this matter. On Oct. 18, 2021, the Defendants responded to the Complaint by filing a motion to dismiss. The Honorable Joseph H. Rodriguez, U.S.D.J. granted Defendants' motion in part and denied it in part in an April 20, 2023, Opinion and Order. A copy of the Court's opinion dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=O75uGv at no extra charge.[CC] NEW YORK, NY: Pappas Conditional Cert Bid Nixed w/o Prejudice ------------------------------------------------------------- In the class action lawsuit captioned as JOHN PAPPAS et al., v. CITY OF NEW YORK, Case No. 1:23-cv-06010-LJL (S.D.N.Y.), the Hon. Judge Lewis Liman entered an order denying the motion for conditional certification without prejudice on the consent of Plaintiff. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Court's order dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4qWzWW at no extra charge.[CC] NEW YORK, NY: Parties Must Discuss Pending Discovery Issues ----------------------------------------------------------- In the class action lawsuit captioned as LOCAL 3621, EMS OFFICERS UNION, DC-37, AFSCME, AFL-CIO et al., v. THE CITY OF NEW YORK et al., Case No. 1:18-cv-04476-LJL-JW (S.D.N.Y.), the Hon. Judge Jennifer Willis entered an order directing the Parties to discuss all pending discovery issues. Further, the Parties are directed to confer prior to the conference in an attempt to resolve all remaining discovery disputes. At the conference on Friday, the Parties shall identify for the Court which disputes remain unresolved. Finally, while the Court has not yet determined whether additional depositions are necessary, when the Parties confer, they shall also discuss the availability of the potential witnesses and a proposed timeline to complete any ordered deposition Judge Liman recently issued an order that class certification and summary judgment motions must be filed by October 11th. The Parties have several pending discovery disputes. In light of the Oct. 11 deadline, the Plaintiffs have requested expedited rulings on the pending disputes. On Friday, August 23rd at 12 pm the Parties shall appear for oral argument in Courtroom 228 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. New York comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Court's order dated Aug. 20, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=E4jFhF at no extra charge.[CC] NEW YORK, NY: Seeks Dismissal of Certain Claims in SAC ------------------------------------------------------ In the class action lawsuit captioned as STEVEN GREENE; GIOVANNA SANCHEZ-ESQUIVEL; SARAH ARVIO; LISA COLLINS; ORITSEWEYIMI OMOANUKHE AYU; and NEIL AMITABH, individually and on behalf of all others similarly situated, and COMMUNITY ACCESS, INC.; NATIONAL ALLIANCE ON MENTAL ILLNESS OF NEW YORK CITY, INC.; CORRECT CRISIS INTERVENTION TODAY – NYC; and VOICES OF COMMUNITY ACTIVISTS AND LEADERS NEW YORK, v. CITY OF NEW YORK; ERIC ADAMS; BILL DE BLASIO; EDWARD A. CABAN; KEECHANT L. SEWELL, DERMOT F. SHEA, NYPD POLICE OFFICER MARTIN HABER, NYPD POLICE SERGEANT CARRKU GBAIN, NYPD POLICE OFFICER VIKRAM PRASAD, NYPD POLICE OFFICER ANDRE DAWKIN, NYPD POLICE OFFICER TYRONE FISHER, OFFICER DEVIENDRA RAMAYYA; NYPD POLICE OFFICER JULIAN TORRES; NYPD OFFICER APRIL SANCHEZ; NYPD POLICE OFFICER GABRIELE MORRONE; NYPD OFFICER JOHN FERRARA; NYPD POLICE OFFICER MARYCATHERINE NASHLENAS; and NYPD OFFICERS JOHN and JANE DOES No. 1-40, Case No. 1:21-cv-05762-LAP (S.D.N.Y.), the Defendants will move this Court before the Honorable Paul A. Crotty, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for a decision and order dismissing certain claims in the second amended complaint, and pursuant to Rule 12(f) of the Federal Rules of Civil Procedure for a decision striking the demand for class certification and class-based relief, and for such other and further relief as the Court deems just and proper. Pursuant to Local Rule 6.1(b) plaintiffs' opposition is due on before Sept. 3, 2024, and defendants' reply, if any, is due on or before Sept. 7, 2024. New York City comprises 5 boroughs sitting where the Hudson River meets the Atlantic Ocean. A copy of the Defendants' motion dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=neIS5J at no extra charge.[CC] The Defendants are represented by: Alan H. Scheiner, Esq. MURIEL GOODE-TRUFANT 100 Church Street, Rm. 3-174 New York, NY 10007 Telephone: (212) 356-2344 P.K. KINDER: Blosser Sues Over Misleading Labeling and Advertising ------------------------------------------------------------------ Mark Blosser, individually and on behalf of all others similarly situated v. P.K. Kinder Co., Inc.; and DOES 1-10, Case No. 4:24-cv-06054 (N.D. Cal., Aug. 27, 2024), is brought against Defendant for the Defendant's false and misleading labeling and advertising of the Products, violation California's Business & Professions Code (the Unfair Competition Law or "UCL"); violates California's Business and Professions Code (the False Advertising Law or "FAL"); violates California Civil Code (the Consumers Legal Remedies Act). Kinder's misleadingly labels and advertises its "No Salt" seasoning products, including, but not limited to, its No Salt Garlic & Herb Seasoning, No Salt Blackened Seasoning, and No Salt The Taco Blend (the "Products"), as having "No Salt," when, in reality, one of their main ingredients is potassium chloride, a salt. Kinder's engages in unlawful, unfair, and fraudulent business practices by expressly representing on its Product labels that the Products have "No Salt," which misleads consumers. Consumers rely on Defendant's labeling and advertising of the Products as containing "No Salt" to be truthful. Kinder's knows that consumers are willing to pay more for food products that are labeled as containing "No Salt", and Kinder's advertises the Products with the intention that consumers rely on the representation made on the front of the Products' packaging that the Products have "No Salt." By deceptively marketing the Products as having "No Salt," Kinder's wrongfully capitalizes on and reaps enormous profits from consumers' preference for food products that are perceived to contain "No Salt," says the complaint. The Plaintiff purchased Defendant's No Salt Garlic & Herb Seasoning at Sam's Club for $5.98. The Defendant advertises, markets, and operates in the State of California and throughout the United States.[BN] The Plaintiff is represented by: Helen I. Zeldes, Esq. Amy Johnsgard, Esq. Aya Dardari, Esq. SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDES, LLP 501 W. Broadway, Suite 800 San Diego, CA 92101 Phone: (619) 400-4990 Fax: (310) 399-7040 Email: hzeldes@sshhzlaw.com ajohnsgard@sshhzlaw.com adardari@sshhzlaw.com - and - Joshua A. Field, Esq. SCHONBRUN SEPLOW HARRIS HOFFMAN & ZELDES, LLP 9415 Culver Blvd., #115 Culver City, CA 90232-2616 Phone: (619) 400-4990 Fax: (310) 399-7040 Email: jfields@sshhzlaw.com PERMIAN RESOURCES: ACI Suit Transferred to D. New Mexico -------------------------------------------------------- The case styled as Andrew Caplen Installations LLC, Edward Allegretti doing business as: Alfred Auto Center, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00150 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00853-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Aaron Joseph Marks, Esq. 225 Cadman Plaza East Brooklyn, NY 11201 Phone: (718) 613-2414 Email: amarks@cohenmilstein.com - and - Artemus W. Ham, IV, Esq. EGLET ADAMS EGLET HAM HENRIOD 400 S. 7th Street, Suite 400 Las Vegas, NV 89101 Phone: (702) 450-5400 Email: aham@egletlaw.com - and - Benjamin Brown, Esq. Brent W. Johnson, Esq. COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Avenue NW, 5th Floor Washington, DC 20005 Phone: (202) 408-4600 Email: bjohnson@cohenmilstein.com - and - Christopher Bateman, Esq. Michael Eisenkraf, Esq. COHEN MILSTEIN SELLERS & TOLL 88 Pine Street New York, NY 10005 Phone: (212) 838-7797 Email: cbateman@cohenmilstein.com - and - Erica Entsminger, Esq. EGLET ADAMS EGLET HAM HENRIOD 400 S. 7th St., Ste 4th Floor Las Vegas, NV 89101 Phone: (702) 450-5400 Email: eentsminger@egletlaw.com PERMIAN RESOURCES: Beaumont Suit Transferred to D. New Mexico ------------------------------------------------------------- The case styled as Richard Beaumont, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00298 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00857-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Bobby Pouya, Esq. Daniel L. Warshaw, Esq. PEARSON WARSHAW, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, CA 91403 Phone: (818) 788-8300 Email: bpouya@pwfirm.com dwarshaw@pwfirm.com - and - Robert F. Purdy, Esq. LAW OFFICE OF ANDREW M. LEAVITT 633 South 7th St. Las Vegas, NV 89101 Phone: (702) 382-2800 Fax: (702) 382-7438 Email: robert.purdy@andrewleavittlaw.com PERMIAN RESOURCES: Courtmanche Suit Transferred to D. New Mexico ---------------------------------------------------------------- The case styled as Brian Courtmanche, Laura J. Faber, Patricia Mancieri, David Silver, Josselyn's Getaway Log Cabins, LLC, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00198 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00855-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Douglas A. Millen, Esq. Matthew W. Ruan, Esq. FREED KANNER LONDON & MILLEN LLC 100 Tri-State International, Ste. 128 Lincolnshire, IL 60069 Phone: (224) 632-4500 Fax: (224) 632-4521 Email: dmillen@fklmlaw.com mruan@fklmlaw.com - and - Robert F. Purdy, Esq. LAW OFFICE OF ANDREW M. LEAVITT 633 South 7th St. Las Vegas, NV 89101 Phone: (702) 382-2800 Fax: (702) 382-7438 Email: robert.purdy@andrewleavittlaw.com PERMIAN RESOURCES: MacDowell Suit Transferred to D. New Mexico -------------------------------------------------------------- The case styled as Phillip MacDowell, Barbara MacDowell, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00325 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00852-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Diana J. Zinser, Esq. Jeffrey L. Spector, Esq. William G Caldes, Esq. SPECTOR ROSEMAN & KODROFF, P.C. 2001 Market Street, Suite 3420 Philadelphia, PA 19103 Phone: (215) 496-0300 Fax: (215) 496-6611 Email: dzinser@srkattorneys.com jspector@srkattorneys.com bcaldes@srkattorneys.com - and - William A Gonzales, Esq. MAIER GUTIERREZ & ASSOCIATES 8816 Spanish Ridge Avenue Las Vegas, NV 89148 Phone: (702) 629-7900 Fax: (702) 629-7925 Email: wag@mgalaw.com - and - Christopher Turtzo, Esq. LITTLER MENDELSON, PC 3960 Howard Hughes Parkway, Suite 300 Las Vegas, NV 89109 Phone: (702) 405-8100 Email: turtzo@morrissullivanlaw.com - and - Garrett D. Blanchfield, Esq. Roberta A. Yard, Esq. REINHARDT WENDORF & BLANCHFIELD 80 South 8th Street, Suite 900 Minneapolis, MN 55402 Phone: (651) 287-2100 Email: g.blanchfield@rwblawfirm.com r.yard@rwblawfirm.com - and - Matthew T Dushoff, Esq. SALTZMAN MUGAN DUSHOFF 1835 Village Center Circle Las Vegas, NV 89134 Phone: (702) 405-8500 Fax: (702) 405-8501 Email: mdushoff@nvbusinesslaw.com PERMIAN RESOURCES: Mellor Suit Transferred to D. New Mexico ----------------------------------------------------------- The case styled as John Mellor, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00253 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00851-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Mark J. Bourassa, Esq. Valerie Christian, Esq. Jennifer A. Fornetti, Esq. THE BOURASSA LAW GROUP 2350 W. Charleston Blvd., Suite 100 Las Vegas, NV 89121 Phone: (702) 851-2180 Email: mbourassa@blgwins.com vchristian@blgwins.com jfornetti@blgwins.com - and - Matthew Sinclair Weiler, Esq. Raymond S. Levine, Esq. Todd M Schneider, Esq. SCHNEIDER WALLACE COTTRELL KONECKY LLP 2000 Powell Street, Suite 1400 Emeryville, CA 94612 Phone: (510) 740-2930 Email: mweiler@schneiderwallace.com rlevine@schneiderwallace.com tschneider@schneiderwallace.com - and - Stuart George Gross, Esq. Travis Smith, Esq. GROSS KLEIN PC The Embarcadero, Pier 9, Suite 100 San Francisco, CA 94111 Phone: (415) 671-4628 Email: sgross@grosskleinlaw.com tsmith@grosskleinlaw.com PERMIAN RESOURCES: Rosenbaum Suit Transferred to D. New Mexico -------------------------------------------------------------- The case styled as Daniel Rosenbaum, Reneldo Rodriguez, Thomas Caron, individually and on behalf of all others similarly situated v. Permian Resources Corp. formerly known as: Centennial Resource Development, Inc., Chesapeake Energy Corporation, Continental Resources Inc., Diamondback Energy, Inc., EOG Resources, Inc., Hess Corporation, Occidental Petroleum Corporation, Pioneer Natural Resources Company, Case No. 2:24-cv-00103 was transferred from the U.S. District Court for the District of Nevada, to the U.S. District Court for the District of New Mexico on Aug. 27, 2024. The District Court Clerk assigned Case No. 1:24-cv-00850-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, focuses on the development of crude oil and related liquids-rich natural gas reserves in the United States.[BN] The Plaintiff is represented by: Carmen Medici, Esq. Daniel J. Brockwell, Esq. Fatima Brizuela, Esq. Patrick Coughlin, Esq. SCOTT&SCOTT ATTORNEYS AT LAW LLP 600 W. Broadway, Suite 3300 San Diego, CA 92101 Phone: (619) 233-4565 Fax: (619) 233-0508 Email: cmedici@scott-scott.com dbrockwell@scott-scott.com fbrizuela@scott-scott.com pcoughlin@scott-scott.com - and - Christopher A Turtzo, Esq. MORRIS, SULLIVAN, LEMKUL & PITEGOFF 3960 Howard Hughes Parkway, Suite 420 Las Vegas, NV 89169 Phone: (702) 405-8100 Fax: (702) 405-8101 Email: turtzo@morrissullivanlaw.com - and - Isabella De Lisi, Esq. Michael Srodoski, Esq. Patrick J. McGahan, Esq. Zachary Kranc, Esq. SCOTT SCOTT, ATTORNEYS AT LAW, LLP 156 South Main Street P.O. Box 192 Colchester, CT 06415 Phone: (860) 531-2642 Email: idelisi@scott-scott.com msrodoski@scott-scott.com pmcgahan@scott-scott.com - and - Karin E. Garvey, Esq. Patrick James Rodriguez, Esq. SCOTT SCOTT ATTORNEYS AT LAW LLP The Helmsley Building 230 Park Ave, 17th Floor New York, NY 10169 Phone: (212) 223-6444 Email: kgarvey@scott-scott.com prodriguez@scott-scott.com - and - Rebecca A. Peterson, Esq. LOCKRIDGE GRINDAL NAUEN PLLP 100 Washington Ave. S., Ste 2200 Minneapolis, MN 55401 Phone: (612) 339-6900 Fax: (612) 339-0981 Email: rapeterson@locklaw.com - and - Christopher Turtzo, Esq. LITTLER MENDELSON, PC 3960 Howard Hughes Parkway, Suite 300 Las Vegas, NV 89109 Phone: (702) 405-8100 Email: turtzo@morrissullivanlaw.com UNDER ARMOUR: $434MM Class Settlement to be Heard on Nov. 7 ----------------------------------------------------------- Robbins Geller Rudman & Dowd LLP issued a statement regarding the Under Armour Securities Litigation: IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND In re UNDER ARMOUR SECURITIES Civil No. RDB-17-388 LITIGATION CLASS ACTION This Document Relates To: ALL ACTIONS. SUMMARY NOTICE TO: ALL PERSONS AND ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED CLASS A AND CLASS C COMMON STOCK OF UNDER ARMOUR, INC. ("UNDER ARMOUR") BETWEEN SEPTEMBER 16, 2015, AND NOVEMBER 1, 2019, INCLUSIVE (THE "CLASS PERIOD") YOU ARE HEREBY NOTIFIED that pursuant to an Order of the United States District Court for the District of Maryland, a hearing will be held on November 7, 2024, at 11:00 a.m. ET, before the Honorable Richard D. Bennett, United States District Judge, at the U.S. Courthouse, 101 West Lombard Street, Baltimore, MD 21201, for the purpose of determining: (1) whether the proposed Settlement of the Action for the sum of Four Hundred Thirty-Four Million Dollars ($434,000,000.00) in cash and additional non-monetary terms should be approved by the Court as fair, reasonable, and adequate, which would result in this Action being dismissed with prejudice against the Released Persons as set forth in the Settlement Agreement, dated as of July 12, 2024; (2) whether the Plan of Allocation of settlement proceeds is fair, reasonable, and adequate and therefore should be approved; and (3) the reasonableness of the application of Lead Counsel for the payment of attorneys' fees and expenses in connection with this Action, together with interest thereon, and the application of Lead Plaintiff and Class Representatives for an award pursuant to 15 U.S.C. -- 78u-4(a)(4) in connection with their representation of the Class. If you purchased, acquired, or sold Under Armour Class A and/or Class C common stock during the Class Period, your rights may be affected by this Action and the Settlement thereof. If you have not received a detailed Notice of Proposed Settlement of Class Action and a copy of the Proof of Claim and Release form, you may obtain copies by writing to Under Armour Securities Litigation, Claims Administrator, c/o Gilardi & Co. LLC, P.O. Box 301135, Los Angeles, CA 90030-1135, or by downloading this information at www.UnderArmourSecuritiesLitigation.com. If you are a Class Member, in order to share in the distribution of the Net Settlement Fund, you must submit a Proof of Claim and Release form by mail or electronically via the website (no later than November 12, 2024), (1) at www.UnderArmourSecuritiesLitigation.com, establishing that you are entitled to a recovery. You will be bound by any judgment rendered in the Action unless you excluded yourself from the Class, in writing, on or before November 27, 2023, pursuant to the requirements set forth in the Notice of Pendency dated August 24, 2023. Any objection to any aspect of the Settlement must be filed with the Clerk of the Court no later than October 17, 2024, and received no later than October 17, 2024 by the following: ROBBINS GELLER RUDMAN & DOWD LLP ROBERT R. HENSSLER JR. 655 West Broadway, Suite 1900 San Diego, CA 92101 Counsel for Lead Plaintiff FRIED, FRANK, HARRIS, SHRIVER & JACOBSON LLP JAMES D. WAREHAM 801 17th Street NW Washington, DC 20006 PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP DANIEL J. KRAMER 1285 Avenue of the Americas New York, NY 10019 Counsel for Defendants PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, OR DEFENDANTS REGARDING THIS NOTICE. DATED: July 22, 2024 BY ORDER OF THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND (1) Proofs of Claim, objections, and other correspondence that are legibly postmarked will be treated as received on the postmark date. Please be advised that the U.S. Postal Service may not postmark mail which is not presented in person. CONTACT: Robbins Geller Rudman & Dowd LLP Shareholder Relations Department Greg Wood (619) 231-1058 WARNER BROS: $125MM Class Settlement to be Heard on Oct. 10 ----------------------------------------------------------- IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE IN RE WARNER BROS. DISCOVERY, INC. STOCKHOLDERS LITIGATION CONSOLIDATED C.A. No. 2022-1114-JTL SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER CLASS ACTION, SETTLEMENT HEARING, AND RIGHT TO APPEAR TO: All record holders and beneficial owners of Discovery, Inc. ("Discovery") common stock as of the closing of the merger with AT&T Inc.'s WarnerMedia Business on April 8, 2022 (the "Closing") whose Discovery common stock was reclassified and converted into shares of Warner Bros. Discovery, Inc. ("WBD") common stock upon Closing, including, as necessary for relief, the legal representatives, heirs, and assignees of all such foregoing holders and beneficial owners of Discovery common stock (the "Class"). Certain persons and entities are excluded from the Class by definition, as set forth in the full Notice of Pendency and Proposed Settlement of Stockholder Class Action, Settlement Hearing, and Right to Appear (the "Notice"), available at www.WBDStockholdersLitigation.com. Any capitalized terms used in this Summary Notice that are not otherwise defined in this Summary Notice shall have the meanings given to them in the Stipulation and Agreement of Settlement, Compromise, and Release dated July 5, 2024 (the "Stipulation"), which is also available at www.WBDStockholdersLitigation.com. PLEASE READ THIS SUMMARY NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY A CLASS ACTION LAWSUIT PENDING IN THIS COURT. YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of Chancery of the State of Delaware (the "Court"), that the above-captioned stockholder class action (the "Action") has been certified as a class action on behalf of the Class defined above. YOU ARE ALSO NOTIFIED that (i) plaintiffs Bricklayers Pension Fund of Western Pennsylvania, City Pension Fund for Firefighters & Police Pension Officers in the City of Pembroke Pines, Key West Police and Firefighters' Pension Fund, and Steve Silverman (collectively, "Plaintiffs"), on behalf of themselves and all other members of the Court-certified Class; and (ii) defendants Advance/Newhouse Partnership, Advance/Newhouse Programming Partnership, Robert Miron, Steven Miron, and Susan Swain (collectively, "Defendants") have reached a proposed settlement of the Action for $125,000,000 (One Hundred Twenty-Five Million United States Dollars) in cash (the "Settlement"). The terms of the Settlement are stated in the Stipulation. If approved by the Court, the Settlement will resolve all claims in the Action and it will release claims against Defendants and other parties, on behalf of all Class Members, as set forth in the Stipulation. A hearing (the "Settlement Hearing") will be held on October 10, 2024, at 1:30 p.m., before The Honorable J. Travis Laster, Vice Chancellor, either in person at the Court of Chancery of the State of Delaware, New Castle County, Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801, or remotely by telephone or videoconference (in the discretion of the Court), to, among other things: (i) determine whether the proposed Settlement should be approved as fair, reasonable, and adequate to Plaintiffs and the other members of the Class; (ii) determine whether the proposed Order and Final Judgment approving the Settlement, dismissing the Action with prejudice, and granting the Releases provided under the Stipulation should be entered; (iii) determine whether the proposed Plan of Allocation of the Net Settlement Fund is fair and reasonable, and should therefore be approved; (iv) determine whether and in what amount any award of attorneys' fees and expenses to Plaintiffs' Counsel (the "Fee and Expense Award") should be paid out of the Settlement Fund, including any incentive awards for Plaintiffs (the "Incentive Awards"); (v) hear and rule on any objections to the Settlement, the proposed Plan of Allocation, and/or Plaintiffs' Counsel's Fee and Expense Application, including Plaintiffs' application for Incentive Awards to be paid solely from any Fee and Expense Award; and (vi) consider any other matters that may properly be brought before the Court in connection with the Settlement. Any updates regarding the Settlement Hearing, including any changes to the date, time, or format of the hearing or updates regarding remote or in-person appearances at the hearing, will be posted to the Settlement website, www.WBDStockholdersLitigation.com. If you are a member of the Class, your rights will be affected by the pending Action and the Settlement, and you may be entitled to share in the Net Settlement Fund. If you have not yet received the Notice, you may obtain a copy of the Notice by contacting the Settlement Administrator by mail at WBD Stockholders Litigation, c/o A.B. Data, Ltd., P.O. Box 173114, Milwaukee, WI 53217; by telephone at 1-877-236-1413; or by email at info@WBDStockholdersLitigation.com. A copy of the Notice can also be downloaded from the Settlement website, www.WBDStockholdersLitigation.com. If the Settlement is approved by the Court and the Effective Date occurs, the Net Settlement Fund will be distributed on a pro rata basis to Eligible Class Members in accordance with the proposed Plan of Allocation stated in the Notice or such other plan of allocation as is approved by the Court. Pursuant to the proposed Plan of Allocation, each Eligible Class Member will be eligible to receive a pro rata payment from the Net Settlement Fund equal to the product of (i) the number of Eligible Shares held by the Eligible Class Member and (ii) the "Per-Share Recovery" for the Settlement, which will be determined by dividing the total amount of the Net Settlement Fund by the total number of Eligible Shares held by all Eligible Class Members. As explained in further detail in the Notice, pursuant to the Plan of Allocation, payments from the Net Settlement Fund to Eligible Class Members will be made in the same manner in which Eligible Class Members received their shares of WBD common stock upon the Closing of the Merger. Eligible Class Members do not have to submit a claim form to receive a payment from the Settlement. Any objections to the proposed Settlement, the proposed Plan of Allocation, or Plaintiffs' Counsel's Fee and Expense Application, including Plaintiffs' application for Incentive Awards, must be filed with the Register in Chancery in the Court of Chancery of the State of Delaware and delivered to Plaintiffs' Lead Counsel and Defendants' Counsel such that they are received no later than September 25, 2024, in accordance with the instructions set forth in the Notice. Please do not contact the Court or the Office of the Register in Chancery regarding this Summary Notice. All questions about this Summary Notice, the proposed Settlement, or your eligibility to participate in the Settlement should be directed to the Settlement Administrator or Plaintiffs' Lead Counsel. Requests for the Notice should be made to the Settlement Administrator: WBD Stockholders Litigation c/o A.B. Data, Ltd. P.O. Box 173114 Milwaukee, WI 53217 1-877-236-1413 info@WBDStockholdersLitigation.com www.WBDStockholdersLitigation.com Inquiries, other than requests for the Notice, should be made to Plaintiffs' Lead Counsel: Jeroen van Kwawegen Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas 44th Floor New York, NY 10020 800‑380‑8496 settlements@blbglaw.com Ned Weinberger Labaton Keller Sucharow LLP 222 Delaware Avenue Suite 1510 Wilmington, DE 19801 866-640-7254 delawaresettlements@labaton.com Lee D. Rudy Kessler Topaz Meltzer & Check LLP 280 King of Prussia Road Radnor, PA 19087 610-667-7706 info@ktmc.com BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF DELAWARE WILLIAM LEE: Noncompliant Brief from Record Stricken ---------------------------------------------------- In the class action lawsuit captioned as TENNESSEE CONFERENCE of the NATIONAL ASSOCIATION for the ADVANCEMENT of COLORED PEOPLE, et al., v. WILLIAM LEE, et al., Case No. 3:20-cv-01039 (M.D. Tenn.), the Hon. Judge William Campbell, Jr. entered an order directing the Clerk to strike Defendants' noncompliant brief from the record. The Court has reviewed the parties' briefs and finds that the Defendants' filing does not comply with the Court's Order in that it fails to address "how, if at all, the July 2023 policy changes and any changes identified by the State in response to this Order affect the class certification analysis." The Defendants' brief does not mention the Division of Elections' policy changes or the TDOC's policy changes, let alone address how, if at all, those changes affect the class certification analysis. Instead, the Defendants argue against class certification entirely, a topic the Court's July 30, 2024, Order did not ask the parties to address. A copy of the Court's order dated Aug. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=GZDkIF at no extra charge.[CC] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***