/raid1/www/Hosts/bankrupt/CAR_Public/240910.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, September 10, 2024, Vol. 26, No. 182
Headlines
1248 HOLDINGS: Must Oppose Tobler Class Cert. Bid by March 14, 2025
800-FLOWERS INC: Foster Seeks Initial OK of Settlement
A+ STAFFING: Bid for Initial Approval of Settlement Tossed
ACCORDIA LIFE: Filing for Class Cert Bid Continued to March 2, 2025
ADAPTHEALTH CORP: Class Cert Bid Filing Extended to June 16, 2025
ALAN WILSON: Misanin Suit Seeks to Certify Class
ALIGN TECHNOLOGY: Seeks Leave to File Docs Under Seal in S&S
ALTA PEST: Class Cert Bid Filing in Lagasse Due April 11, 2025
AMB SPORTS: Ortiz Sues Over Cleaners' Unpaid Wages & Retaliation
AMERICAN AIRLINES: Thornburg Sues Over Drop in Share Price
ANADARKO E & P: Bid to Exclude Expert Testimony Partly OK'd
APPLE COMMUTER: Seeks Sept. 30 Extension of Discovery Deadline
APPLE INC: Costa Seeks to Certify California & New York Classes
APPLE INC: Seeks to Maintain Portions of Reply Under Seal
APPLE INC: Summary Judgment Bid Must Be Filed by Oct. 9
APPLE INC: Turner's Bid to Amend Complaint Tossed
ARTHUR GALLAGHER: Settlement in Hernandez Suit Gets Final Nod
ASHLEY FURNITURE: Todd et al. Sue Over Sale of Unsafe Mattresses
ATLANTIC RECOVERY: Scheduling Order Entered in Roeder Class Suit
AVANT GARDNER: Avchukov Seeks Extension of Class Cert Deadlines
AVANT GARDNER: Ting Seeks Extension of Class Cert-Related Deadlines
BANK OF AMERICA: Seeks Leave to File Class Cert Docs Under Seal
BEVERAGE WORKS: Ortiz Seeks to Certify Class of Employees
BIG FISH: Campos Bid for Temporary Restraining Order Tossed
BLINK CHARGING: Hearing on Final OK of Settlement Set for Oct. 23
BOAR'S HEAD: Meat Products Contains Bacteria, Gatoff Alleges
BOURBON COUNTY, KY: Court Recommends Class Cert Bid Denial
BOW PLUMBING: Class Settlement in Braswell Suit Gets Final Nod
BOZZUTO'S INC: Class Cert Reply Brief Extended to Sept. 12
BUILDERS MUTUAL: Settlement in Kocher Gets Initial Approval
BYTEDANCE INC: Bid to Deny Class Certification Tossed
C2 EDUCATIONAL: Moody Seeks More Time to File Class Cert Bid
CAMPBELL SOUP: Court Dismisses Husain Suit
CAMPBELL SOUP: Fails to Pay Proper Wages, Regel Alleges
CARE BY CASSIE: Filing for Class Cert Bid Due Feb. 1, 2025
CAREMARK PHC: Filing for Class Cert. in Flowers Extended to Oct. 15
CHAPTERS HEALTH: Brewer Suit Seeks More Time to File Class Cert Bid
CHRIS REYKDAL: Bid to Initially Approve Settlement Tossed
CVS PHARMACY: Filing for Class Certification Bid Due Nov. 1
DEL MONTE: Vlacich Seeks to Seal Class Cert Documents
DEMARIA'S HEMLOCK: Nole Suit Seeks Unpaid Overtime for Butchers
DOZ BAGELS: Maldonado Seeks Unpaid Overtime for Restaurant Staff
EQUITY BANCSHARES: Continues to Defend Securities Suit in Missouri
ERNESTA HOME: Faces Morgan Suit Over Website's Access Barriers
ESCOBAR CONSTRUCTION: Summary Judgment Bid Filing Due Sept. 18
EZ FESTIVALS: Brockmoles Seeks Extension of Class Cert Deadlines
FCA US: Pistorio CLRA Suit Seeks to Certify Three Classes
FCA US: Sells Pickup Trucks With Defective EPS Units, Ludwig Says
FLORIDA COMMUNITY: Removes Fulton Suit to S.D. Fla.
FLYING WINGS: Pender Bid for Prejudgment Attachment Tossed
FORD MOTOR: Filing for Class Cert Bid Due April 25, 2025
FROG AND THE PEACH: Website Inaccessible to Blind Users, Vega Says
GARRETT ZIEGLER: Order Setting Scheduling Conference Entered
GARRISON INVESTMENT: Messer Sues Over Plant Closure Without Notice
GLOBAL E-TRADING: Seeks to Stay Issuance Notice to Class Members
GOVERNMENT EMPLOYEES: Parties Seek to Modify Initial Sched Order
GRAND CANYON: Class Action Settlement Approved in Securities Suit
GROUP SOLAR: Case Management Conference Reset to Jan. 30, 2025
HATCH BABY: Durst Sues Over Defective Sound Machine Device
HEIGHTS HEALTHCARE: Continuance of Class Cert Deadline Sought
HELIX HOUSE: General Pretrial Management Entered in Surfside Suit
HERITAGE MANOR: Bowie Bid to Compel Discovery Partly OK'd
HOME PARTNERS: Extension of Briefing Schedule Deadlines Sought
HYATT CORPORATION: Class Settlement in Granados Gets Final Nod
ICEMULE COMPANY: Web Site Not Accessible to Blind, Young Says
IMTOKEN PTE: Unlawfully Stores Consumers' Biometrics, Mouser Says
INNOVATIVE HEIGHTS: Class Settlement in Stauffer Gets Final Nod
INSOMNIA COOKIES: Gibson Can File Second Amended Complaint
INTUITIVE SURGICAL: Oct. 8 Plaintiffs' Class Cert Reply Sought
IQVIA INC: Transcript of Hearing on Class Cert Bid Redacted
JB EXCHANGE: Visually Impaired Can't Access Website, Herrera Claims
JERICO PICTURES: Lindley Sues Over Failure to Secure Clients' Info
L'OREAL USA: Parties in Zimmerman Must File Joint Status Report
LA TIENDITA: Fails to Pay Proper Wages, Poblano Suit Alleges
LENDINGTREE LLC: Faces Macom Suit Over Customers' Compromised Info
MARCUS SAMUELSSON: Vega Suit Seeks Blind's Equal Access to Website
MDL 2903: Class Settlement in Shaffer v. Mattel Wins Initial Nod
MDL 2903: Class Settlement in Wray v. Fisher Price Wins Initial Nod
MDL 2903: Settlement in Cuddy v. Fisher Price Wins Initial Nod
MDL 2903: Settlement in Drover-Mundy v. Fisher Price Granted
MDL 2903: Settlement in Fieker v. Fisher Price Wins Initial Nod
MERCEDES-BENZ USA: Bid to Dismiss Bolling Class Complaint Tossed
MERCER COUNTY, PA: Must File Class Cert Bid Reply by Sept. 13
MLB ADVANCED: Blind Can't Access Online Store, Young Suit Claims
MUELLER WATER: Fails to Protect Customers' Info, Kok Suit Alleges
MULTIPLAN INC: Jefferson Sues Over Control of OON Reimbursements
MULTIPLAN INC: Suppressed Payments for OON Services, Pacific Claims
NATIONWIDE INSURANCE: Fails to Comply With Stack Policy, Nutt Says
NEW YORK, NY: Court Certifies Class of Children in Elisa Suit
NEW YORK, NY: Court Extends Time to File Reply on Bid to Dismiss
NEW YORK, NY: Discovery in Local 3621 Suit Due Oct. 11
NIKE INC: Bid for Imposition of Sanctions Granted in Part in Cahill
NORDIC NATURALS: Filing for Class Cert Bid Due April 15, 2025
NURSEFINDERS LLC: Class Settlement in Latoya Suit Gets Final Nod
OAK STREET: Seeks More Time to File Class Cert Response in McCrae
OLDS PRODUCTS: Allowed to File Sur-Reply Brief in Quiroga Suit
OSEA INTERNATIONAL: Kraisriwatana Sues Over Cosmetics' Collagen Ads
OUTSET MEDICAL: Porcelli Sues Over Drop in Share Price
PACIFIC PLATE: Morgan Sues Over Blind's Equal Access to Website
PAYCOR INC: Seeks to Move Class Cert Response Date to Oct. 17
PENNEY OPCO: Gamble Sues Over Deceptive Pricing Scheme
PERDUE FOODS: Bid to Strike Parker Class Allegations OK'd
PILGRIM'S PRIDE: Court Tosses Hogan Bid to Certify Class
PILGRIM'S PRIDE: Hogan Securities Suit Seeks to Certify Class
POLARIS INDUSTRIES: Court Decertifies Classes Certified in Order
POP DADDY: Web Site Not Accessible to Blind, Fagnani Says
POWER ELECTRONICS: Bid to Extend Conditional Cert Filing Tossed
PROGRESSIVE DIRECT: Assaf's Renewed Bid to Remand Tossed
PROGRESSIVE DIRECT: Wensel Sues Over Insurance Claims Scheme
PROVIDENCE HEALTH: Reconsideration of Class Cert Denial Sought
PUBLIX SUPER: Seeks Oral Argument on Bid to Certify Class Action
REGAL CINEMAS: Filing for Class Certification Bid Due Jan. 17, 2025
REGULATORY DATACORP: Carr Bid for Class Certification Tossed
ROBERT LUNA: Court Certifies Two Classes of Prisoners in Boyd Suit
RUSSELL INVESTMENTS: Court Certifies Class of Plan Participants
SAM'S WEST: Sanchez Seeks Court Decision on Class Cert Bid
SEA LIMITED: Filing for Class Cert in Laborers Due March 7, 2025
SELECT REHABILITATION: Plaintiffs Seek OK of Protective Order Bid
SELECT REHABILITATION: Plaintiffs Seek to Overrule Objections
SELECTQUOTE INSURANCE: Sends Unwanted Marketing Calls, McCann Says
SIMPSON STRONG-TIE: Salhorta Seeks to Certify Two Classes
SK ENERGY: Class Settlement in Antitrust Suit Wins Initial Nod
SOODAKS INC: Igartua Sues Over Online Store's Access Barriers
SOUTH CAROLINA: Misanin Balks at Transgender Impact of House Bill
SOUTH FLORIDA: Martinez Consumer Suit Removed to S.D. Fla.
STAKE CENTER: Utility Locators Win Class Status
STORYBUILT LLC: Plante Class Cert Bid Referred to Judge Howell
STRATEGIC DELIVERY: Filing for Class Cert. Bids Due Dec. 16
STREETTEAM SOFTWARE: Ulmer Seeks Extension of Class Cert Deadline
STRONGHOLD DIGITAL: Must Oppose Class Cert Bid by Oct. 15
STURM & RUGER: Plaintiffs' Bid for Class Cert Due March 19, 2025
SUN ENERGY: Lawrence Suit Seeks to Certify Class of Employees
SUSIE Q 16: Fails to Pay Proper Wages, Dubin Alleges
SUTHERLAND GLOBAL: Savage Class Certification Bid Tossed
TASKUS INC: Lozada Seeks to File Class Cert Reply Memo Under Seal
TC HEARTLAND: Class Cert Bid Filing in Karabas Due May 17, 2025
TD SYNNEX: McCormick Wage-and-Hour Suit Removed to C.D. Cal.
TECO ENERGY: Roche's Bid to Certify Class Denied as Moot
TEKSYSTEMS INC: Final FLSA Collective Action Certification Sought
TEKSYSTEMS INC: Thomas Suit Seeks to Certify State Law Classes
TENNESSEE GAS: Johnson Bid for Class Cert Withdrawn
TEREZ UNIVERSE: General Pretrial Management Order Entered in Young
TEVA PHARMACEUTICALS: Court Lifts Stay in HAPPF Suit
TOMS RIVER BURGERS: Website Inaccessible to Blind Users, Vega Says
TOTAL GYM: Faces Valencia Suit Over Blind-Inaccessible Website
TOTAL RENAL: Removes Spencer Suit to W.D. Wash.
TRIDENT RESTORATION: Class Cert Bid in Ortega Suit Due Sept. 16
TTEC SERVICES: Must Respond to Wilfong Class Cert Bid by Sept. 10
TWITTER INC: Schobinger Seeks to Certify Class of Employees
UNITED BANK: Faces Myers Suit Over Improper Overdraft Fee Charges
UNITED STATES: Court Narrows Claims in Pride Suit
UNITED STATES: Millionis Seeks to Certify Class
UNITED SURGICAL: Parties Seek More Time to File Class Cert Bid
VALVE CORPORATION: WGL Bid to Strike Portions of Reply Tossed
VERVE THERAPEUTICS: Oldroyd Sues Over 34.9% Drop of Stock Price
W.W. GRAINGER: Website Inaccessible to Blind Users, Valencia Claims
WATER WORKS: Fails to Pay Proper Wages, Reyes Suit Alleges
WEBCOLLEX LLC: Attorneys' Bid to Withdraw as Counsel OK'd
WORKDAY INC: Bid for Conditional Certification Due April 2025
*********
1248 HOLDINGS: Must Oppose Tobler Class Cert. Bid by March 14, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as JAKOB TOBLER, MICHELLE
MCNITT, v. 1248 HOLDINGS, LLC f/k/a BICKNELL FAMILY HOLDING
COMPANY; MARINER WEALTH ADVISORS, LLC f/k/a MARINER HOLDINGS, LLC;
MONTAGE INVESTMENTS, LLC; MARINER, LLC f/k/a MARINER WEALTH
ADVISORS, LLC; MARINER CAPITAL ADVISORS, LLC; TORTOISE CAPITAL
ADVISORS, LLC; TORTOISEECOFIN PARENT HOLDCO LLC; AMERICAN CENTURY
COMPANIES, INC.; AMERICAN CENTURY SERVICES, LLC; AMERICAN CENTURY
INVESTMENT MANAGEMENT, INC.; and DOES 1-10, Case No.
2:24-cv-02068-EFM-GEB (D. Kan.), the Hon. Judge Gwynne Birzer
entered the scheduling order as follows:
Event Deadline/Setting
Motion and brief in support of proposed Sept. 20, 2024
protective order and/or ESI protocol
(only if parties disagree about need for
and/or scope of order and/or protocol)
Plaintiffs' settlement proposal Nov. 1, 2024
Defendants' settlement counter-proposal Nov. 15, 2024
Jointly filed mediation notice, or Nov. 25, 2024
confidential settlement reports to
magistrate judge
Motions to amend Nov. 22, 2024
Mediation completed Feb. 21, 2025
Opposition to Motion for Class Certification March 14, 2025
Reply in Support of Motion for Class April 11, 2025
Certification
Experts disclosed by Plaintiffs May 30, 2025
Experts disclosed by Defendants July 31, 2025
Rebuttal experts disclosed Aug. 29, 2025
1248 Holdings is a family-owned private investment company that
manages the personal and philanthropic assets of the Bicknell
family.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZgO3v1 at no extra
charge.[CC]
800-FLOWERS INC: Foster Seeks Initial OK of Settlement
------------------------------------------------------
In the class action lawsuit captioned as TESSIBLE "SKYLER" FOSTER;
MARIE SCOTT; and KRISTA BAUMBACH, V. 800-FLOWERS, INC., D/B/A
1-800- FLOWERS.COM, HARRY & DAVID, PERSONALIZATION MALL, SHARI'S
BERRIES, 1-800- BASKETS.COM, SIMPLY CHOCOLATE, FRUIT BOUQUETS.COM,
CHERYL'S COOKIES, THE POPCORN FACTORY, WOLFERMAN'S BAKERY, AND
VITAL CHOICE, Case No. 2:23-cv-07441-AB-PVC (C.D. Cal.), the
Plaintiffs will move the Court on Sept. 27, 2024, for an order
granting preliminary approval of the Class Action Settlement
pursuant to Federal Rule of Civil Procedure 23(e).
This motion is made following the conference of counsel, which took
place on July 24, 2024, and thereafter and is unopposed.
1-800-Flowers.com is a floral and foods gift retailer and
distribution company in the United States.
A copy of the Plaintiffs' motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lDkMB1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Frank S. Hedin, Esq.
Hedin LLP
535 Mission Street, 14th Floor
San Francisco, CA 94105
Telephone: (305) 357-2107
Facsimile: (305) 200-8801
E-mail: fhedin@hedinllp.com
A+ STAFFING: Bid for Initial Approval of Settlement Tossed
----------------------------------------------------------
In the class action lawsuit captioned as KRYSTAL VASQUEZ, et al.,
individually and on behalf of all others similarly situated, v. A+
STAFFING LLC, et al., Case No. 1:22-cv-02306-CLP (E.D.N.Y.), the
Hon. Judge Cheryl Pollak entered an order that:
(1) the check-cashing opt-in mechanism proposed by the Agreement
does not conform to the requirements of 29 U.S.C. section
216(b);
(2) the non-mutual general release clause is impermissible as
part
of an FLSA settlement; and
(3) the parties have not supplied sufficient information for the
Court to make a preliminary assessment of the fairness of
the
Agreement for purposes of Cheeks or Rule 23 of the Federal
Rules of Civil Procedure.
The Court denies the Motion for preliminary approval of a proposed
settlement and conditional certification of a hybrid
collective/class action, without prejudice and with leave to renew
in a manner that complies with this Order.
By September 30, 2024, the parties shall file a joint status report
indicating whether they intend to revisit settlement or proceed
with this action. If the latter, the parties shall propose dates
for any remaining pre-trial deadlines.
The Clerk is directed to send copies of this Order to the parties
either electronically through the Electronic Case Filing (ECF)
system or by mail.
Accordingly, based on the information presently available, the
Court finds that proposed Class Counsel satisfy the criteria of
Rule 23(g), and that it would be appropriate to appoint Mr. Sweeney
and Mr. Davis as class counsel should plaintiffs renew their
Motion.
On March 20, 2023, plaintiffs filed their Third Amended Complaints
against the A+ defendants and the SST defendants.
On April 28, 2023, the A+ plaintiffs filed a motion for conditional
certification of the FLSA collective described in the A+ Third
Amended Complaint.
The Plaintiffs, who have brought these actions on behalf of
themselves and all others similarly situated, are individuals who
are or were allegedly employed by defendants to "disinfect subway
cars and high touch points in New York City subway stations."
A+ Staffing is a provider of recruitment solutions, as well as home
care and skilled nursing services.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SHfvEZ at no extra
charge.[CC]
ACCORDIA LIFE: Filing for Class Cert Bid Continued to March 2, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as DAVID SCHMIDT,
Individually, and on Behalf of the Class, v. ACCORDIA LIFE AND
ANNUITY COMPANY, an Iowa Corporation; and DOES 1 through 300,
Inclusive, Case No. 3:23-cv-01923-LL-BJC (S.D. Cal.), the Parties
ask the Court to enter an order as follows:
Remaining Dates/Deadlines Proposed
Amendment
Deadline for all parties to complete all Continue to Jan.
30,
pre-class certification fact discovery, 2025
currently set for Nov. 1, 2024
Deadline for the parties to designate Continue to Mar. 3,
their respective experts in writing, 2025
currently set for Dec. 2, 2024
Deadline to exchange rebuttal experts, Continue to Mar.
17,
currently set for Dec. 16, 2024 2025
Deadline for each party to comply with Continue to April
16,
the disclosure provisions in Rule 2025
26(a)(2)(A) and (B) of the Federal
Rules of Civil Procedure, currently set
for Jan. 16, 2025
Deadline to file any motion for class Continue to March
2,
certification, currently set for 2025
Dec. 2, 2024
The parties are currently discussing resolution of Plaintiff's
claims, but are in need of more time to determine whether an
agreement can be reached.
The parties wish to avoid potentially unnecessary expense related
to discovery and motion practice, and deadlines for these matters
are approaching.
On April 11, 2024, the Court issued its Scheduling Order Regulating
Discovery and Class Certification Motion Filing Deadline.
Accordia is an innovative life insurance company.
A copy of the Parties' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cpwzbr at no extra
charge.[CC]
The Plaintiff is represented by:
Jack B. Winters, Jr., Esq.
Sarah Ball, Esq.
WINTERS & ASSOCIATES
8489 La Mesa Boulevard
La Mesa, CA 91942
Telephone: (619) 234-9000
Facsimile: (619) 750-0413
E-mail: jwinters@singletonschreiber.com
sball@einsurelaw.com
- and -
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
NICHOLAS & TOMASEVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
E-mail: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
The Defendants are represented by:
J. Stephen Beke, Esq.
CARLTON FIELDS, LLP
2029 Century Park East, Suite 1200
Los Angeles, CA 90067-2913
Telephone: (310) 843-6300
Facsimile: (310) 843-6301
E-mail: sbeke@carltonfields.com
ADAPTHEALTH CORP: Class Cert Bid Filing Extended to June 16, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as JERRY W. RAY, on Behalf of
Himself and Others Similarly Situated, v. ADAPTHEALTH CORP., Case
No. 1:22-cv-00898-TDS-JLW (M.D.N.C.), the Hon. Judge Joe Webster
entered an order granting Plaintiff's unopposed motion for
extension of case management deadlines.
The deadline for amending the pleadings and for joinder of
additional parties shall be extended through and including Feb. 17,
2025. The fact and expert discovery deadline as well as the
mediation deadline shall be extended through and including May 15,
2025.
Expert disclosures on any issue on which a party bears the burden
of proof are due by March 17, 2025; any responses to those expert
disclosures are due by April 17, 2025; and any rebuttals are due by
May 1, 2025.
The deadline to move for class certification shall be June 16,
2025; the deadline for opposing the motion for class certification
shall be July 14, 2025; and the deadline for filing a reply in
support of the motion for class certification shall be July 28,
2025.
The deadline to file dispositive motions shall be Sept. 26, 2025;
responses to such motions shall be filed by Oct. 17, 2025; and
replies shall be filed by Oct. 24, 2025.
There shall be no further extension of said deadlines.
AdaptHealth is a full-service home medical equipment and
respiratory company.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M3RAOR at no extra
charge.[CC]
ALAN WILSON: Misanin Suit Seeks to Certify Class
------------------------------------------------
In the class action lawsuit captioned as STERLING MISANIN, et al.,
v. ALAN WILSON, in his official capacity as Attorney General of
South Carolina, et al., Case No. 2:24-cv-04734-BHH (D.S.C.), the
Plaintiffs ask the Court to enter an order granting their motion
for Class Certification as to each Proposed Class:
Minor Class:
"All minors in South Carolina diagnosed with gender dysphoria
and
whose medically indicated treatment, as judged by their
licensed
medical professional, includes or will include the provision of
"gender transition procedures," as defined by H 4624.
Parent Class:
"All parents and legal guardians of minor children with gender
dysphoria whose medically indicated care, as judged by their
licensed medical professional, includes or will include the
provision of "gender transition procedures," as defined by H
4624."
Insurance Class:
"All individuals with gender dysphoria who receive health
insurance through a state-funded health insurance plan, such as
South Carolina Medicaid or South Carolina's PEBA, and who,
because
of S.C. Code Ann. section 44-42-340, are or will be denied
coverage for medically indicated "gender transition
procedures,"
as defined by H 4624."
Medical University of South Carolina Class:
"All individuals with gender dysphoria who receive medical care
through MUSC but who, because of S.C. Code Ann. section
44-42-340,
are or will be denied care for medically indicated "gender
transition procedures," as defined by H 4624."
Certification of each Proposed Class is appropriate under Rule
23(b)(2).
Sterling Misanin is a transgender man diagnosed with gender
dysphoria, living in Charleston, South Carolina.
A copy of the Plaintiffs' motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3CURLP at no extra
charge.[CC]
The Plaintiffs are represented by:
Allen Chaney, Esq.
Meredith McPhail, Esq.
ACLU OF SOUTH CAROLINA
Columbia, SC 29202
Telephone: (864) 372-6881
E-mail: achaney@aclusc.org
mmcphail@aclusc.org
- and -
Harper Seldin, Esq.
Sruti Swaminathan, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad St., Fl 18
New York, NY 10004
Telephone: (212) 549-2500
E-mail: hseldin@aclu.org
sswaminathan@aclu.org
- and -
David S. Flugman, Esq.
Corey Stoughton, Esq.
Julie Singer, Esq.
SELENDY GAY PLLC
1290 Avenue of the Americas
New York, NY 10104
Telephone: (212) 390-9000
E-mail: dflugman@selendygay.com
cstoughton@selendygay.com
jsinger@selendygay.com
ALIGN TECHNOLOGY: Seeks Leave to File Docs Under Seal in S&S
------------------------------------------------------------
In the class action lawsuit captioned as SIMON & SIMON, PC d/b/a
CITY SMILES and VIP DENTAL SPAS, individually and on behalf of
others similarly situated, v. ALIGN TECHNOLOGY, INC., Case No.
3:20-cv-03754-VC (N.D. Cal.), the Defendant asks the Court to enter
an order granting Defendant's second amended administrative motion
for leave to file under seal confidential material in support of
the parties' class certification and summary judgment briefing.
Pursuant to the Court's Order Regarding Outstanding Sealing Motions
issued on July 26, 2024, Align has significantly pared back
redactions on the vast majority of documents and has entirely
unsealed 39 additional documents.
The Confidential Material that Align seeks leave to file under seal
either partially or in their entirety consist of the following:
1. Plaintiffs' Notice of Motion and Motion for Class
Certification
and Memorandum of Points and Authorities in Support Thereof,
originally filed under seal at ECF No. 390-2, and certain
exhibits attached to the declaration of Steve W. Berman in
support thereof.
2. Align's Opposition to Motion for Class Certification and
Daubert
Motion to Preclude Expert Testimony (“Class Opp.”),
originally
filed under seal at ECF No. 425-3, and certain exhibits
attached
to the declaration of James M. Pearl in support thereof.
3. Plaintiffs' Reply in Support of their Motion for Class
Certification, originally filed under seal.
Align Technology is an American manufacturer of 3D digital scanners
and Invisalign clear aligners used in orthodontics.
Align Technology is an American manufacturer of 3D digital scanners
and Invisalign clear aligners used in orthodontics.
A copy of the Defendant's motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=EVlgib at no extra
charge.[CC]
The Defendant is represented by:
James M. Pearl, Esq.
Emma Farrow, Esq.
Thomas A. Counts, Esq.
Michael F. Murray, Esq.
Adam M. Reich, Esq.
Noah B. Pinegar, Esq.
PAUL HASTINGS LLP
1999 Avenue of the Stars, 27th Floor
Los Angeles, CA 90067
Telephone: (310) 620-5700
Facsimile: (310) 620-5899
E-mail: jamespearl@paulhastings.com
emmafarrow@paulhastings.com
tomcounts@paulhastings.com
michaelmurray@paulhastings.com
adamreich@paulhastings.com
noahpinegar@paulhastings.com
ALTA PEST: Class Cert Bid Filing in Lagasse Due April 11, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH LAGASSE, v. ALTA
PEST CONTROL LLC, Case No. 2:24-cv-00795-TL (W.D. Wash.), the Hon.
Judge Tana Lin entered an order setting jury trial date and related
dates as follows:
Event Date
JURY TRIAL SET FOR 9:00 A.M. ON April 13, 2026
Deadline for joining additional parties Sept. 26, 2024
Deadline for filing amended pleadings Oct. 24, 2024
Plaintiff's motion for class certification Apr. 11, 2025
due
Defendant's response to motion for class May 9, 2025
certification due
Plaintiff's reply to motion for class May 23, 2025
certification due
Disclosure of expert testimony under Sept. 15, 2025
FRCP 26(a)(2) due
Disclosure of rebuttal expert testimony Oct. 15, 2025
under FRCP 26(a)(2) due
All motions related to discovery must be Oct. 15, 2025
filed by
Settlement Conference, if mediation has Jan. 12, 2026
been requested by the parties per LCR 39.1,
held no later than
Alta Pest provides termite and pest control services using green,
eco-friendly solutions.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=N2ymS1 at no extra
charge.[CC]
AMB SPORTS: Ortiz Sues Over Cleaners' Unpaid Wages & Retaliation
----------------------------------------------------------------
GLADIS ORTIZ, on behalf of herself and all others similarly
situated, Plaintiff v. AMB SPORTS & ENTERTAINMENT, LLC, ATLANTA
FALCONS STADIUM COMPANY, LLC, and E GONZALEZ COMPANY, Defendants,
Case No. 1:24-cv-03848-WMR (N.D. Ga., August 28, 2024) is a class
action against the Defendants for failure to pay overtime wages and
retaliation in violation of the Fair Labor Standards Act.
The Plaintiff worked for the Defendants as a cleaner from October
2023 to July 2024.
AMB Sports & Entertainment, LLC is a sports and entertainment
company based in Atlanta, Georgia.
Atlanta Falcons Stadium Company, LLC is a sports club operator
based in Atlanta, Georgia.
E Gonzalez Company is a company based in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Carlos V. Leach, Esq.
Jordan P. Rose, Esq.
THE LEACH FIRM, P.A.
1560 N. Orange Ave., Suite 600
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
Email: cleach@theleachfirm.com
jrose@theleachfirm.com
ppalmer@theleachfirm.com
AMERICAN AIRLINES: Thornburg Sues Over Drop in Share Price
----------------------------------------------------------
JOHN A. THORNBURG, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN AIRLINES GROUP INC.;
ROBERT D. ISOM JR.; DEVON E. MAY; DAVID G. SEYMOUR; GANESH JAYARAM;
COLE BROWN; and VASU S. RAJA, Defendants, Case No. 4:24-cv-00823-O
(N.D. Tex., Aug. 28, 2024) is a securities class action on behalf
of all purchasers of American Airlines common stock during the
period between July 20, 2023 and May 28, 2024 (the "Class Period"),
alleging violations of the Securities Exchange Act of 1934 (the
"Exchange Act").
The Plaintiff alleges in the complaint that the Defendants made
false and misleading statements and engaged in a scheme to deceive
the market and a course of conduct that artificially inflated the
price of American Airlines common stock and operated as a fraud or
deceit on Class Period purchasers of American Airlines common stock
by misrepresenting the Company's business and prospects. Later,
when Defendants' prior misrepresentations and fraudulent conduct
became apparent to the market, the price of American Airlines
common stock fell significantly, as the prior artificial inflation
came out of the price over time. As a result of their purchases of
American Airlines common stock during the Class Period, Plaintiff
and other members of the Class allegedly suffered economic loss,
i.e., damages, under the federal securities laws.
On July 25, 2024, in connection with announcing its dismal 2Q24
financial results, American Airlines again slashed its profit
forecast to between $0.70 and $1.30 a share - a significant drop
from the $2.25 to $3.25 it had forecasted in April 2024 and well
below the $1.10 to $2.60 per share it had led the investment
community to then be expecting. The Company further estimated a
revenue drop of up to 4.5% in the third quarter 2024 ("3Q24")
ending September 30, 2024. The $717 million in net income reported
in the 2Q24 marked a 46% drop from the prior year report, the suit
asserts.
American Airlines Group Inc. operates an airline. The Company
provides scheduled passenger, freight, and mail service. American
Airlines Group serves customers in the United States and Canada.
[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDAL LAW GROUP, PLLC
3811 Turtle Creek, Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
Email: jkendall@kendalllawgroup.com
- and -
Samuel H. Rudman, Esq.
Mary K. Blasy, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
Email: srudman@rgrdlaw.com
mblasy@rgrdlaw.com
- and -
Juan Carlos Sanchez, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
600 West Broadway, Suite 1800
San Diego, CA 92101
Telephone: (619) 231-1058
Email: jsanchez@rgrdlaw.com
ANADARKO E & P: Bid to Exclude Expert Testimony Partly OK'd
-----------------------------------------------------------
In the class action lawsuit captioned as BOX ELDER KIDS, LLC, C C
OPEN A, LLC, and GUEST FAMILY TRUST, by its Trustee CONSTANCE F.
GUEST, individually and on behalf of themselves and all others
similarly situated, v. ANADARKO E & P ONSHORE, LLC, ANADARKO LAND
CORPORATION, and KERR-MCGEE OIL AND GAS ONSHORE, LP, Case No.
1:20-cv-02352-WJM-JPO (D. Colo.), the Hon. Judge William Martínez
entered an order granting in part and denying in part Plaintiffs'
motion to exclude expert testimony from Jamie Jost.
The Court finds that Jost may testify as to whether industry
standards evidence supports Defendants’ interpretation of Section
2. As alluded in its order denying the parties’ cross motions for
summary judgment, the Court agrees with Plaintiffs that evidence of
industry standards may be binding only if the original contracting
parties had knowledge of such standards at the time of
contracting.
The Plaintiffs own surface land in Weld County, Colorado.
Anadarko Land owns the interests in the mineral estate under
Plaintiffs' lands, but it does not itself develop or operate oil
and gas wells.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wpk3O7 at no extra
charge.[CC]
APPLE COMMUTER: Seeks Sept. 30 Extension of Discovery Deadline
--------------------------------------------------------------
In the class action lawsuit captioned as Abuladze et al., v. Apple
Commuter, Inc. et al., Case No. 1:22-cv-08684-MMG-RFT (S.D.N.Y.),
the Defendants ask the Court to enter an order granting a 30-day
extension of the Sept. 30, 2024 discovery deadline, as well as a
corresponding 30-day extension of the briefing schedule for
Plaintiff's Motion to Certify a Class, pursuant to which
Defendants' response is currently due on Sept. 7 and Plaintiffs'
reply is due on Sept. 15, 2024.
The Defendants contends that the brief extension of the referenced
deadlines is necessary to provide sufficient space to explore the
potential for a negotiated resolution of this dispute. As the Court
is aware, the parties attended a mediation session with
Court-appointed mediator Zachary Fasman on June 25, 2024. The
parties agreed at that session that an exchange of documents was
necessary to facilitate settlement negotiations, and adjourned the
mediation to September 20, 2024, the earliest date that all parties
were available.
Since that time, the parties have advanced the case by
participating in paper discovery and anticipate further document
exchanges in the coming weeks. The parties believe this exchange
will make the second mediation session significantly more
productive, and we remain hopeful that a negotiated settlement may
be achievable.
However, the obligation to substantially complete deposition
discovery and motion practice in advance of the mediation is likely
to impede these discussions. A significant number of depositions
will be needed given the number of parties to this case and the
complicated factual disputes at issue, especially regarding
potential damages. This discovery is also material to Plaintiffs’
pending motion.
The parties agree that avoiding the fees and time associated with
deposition discovery and extensive motion practice will help
maximize the chances of a successful mediation, while realistic
settlement negotiations will be significantly more difficult in the
absence of an extension. We thank the Court in advance for its
consideration.
A copy of the Defendant's motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=65J2nI at no extra
charge.[CC]
The Defendants are represented by:
George D. Vallas, Esq.
GREENWALD DOHERTY
30 Ramland Road, Suite 201
Orangeburg, NY 10962
Telephone: (845) 589-9300
Facsimile: (845) 638-2707
APPLE INC: Costa Seeks to Certify California & New York Classes
---------------------------------------------------------------
In the class action lawsuit captioned as Francis Costa, Amanda
Hoffman, and Olivia McIlravy-Ackert, individually and on behalf of
others similarly situated, v. Apple, Inc., Case No.
3:23-cv-01353-WHO (N.D. Cal.), the Plaintiffs will move the Court
on Nov. 6, 2024, for an order:
(1) granting their motion and certifying the Rule 23 California
and New York classes;
(2) approving the form of class notice to be distributed; and
(3) directing that Defendant Apple, Inc. within 14 days, produce
to
Plaintiffs' Counsel and the administrator two separate lists
(one for the California class and one for the New York
class)
with class members' name, unique employee identifier used
during their employment, address, phone number, and last
known email address.
On March 23, 2023, Francis Costa filed a putative Fair Labor
Standards Act (FLSA) collective action because Apple did not
include the value of vested restricted stock unit remuneration in
the regular rate used to calculate overtime pay.
On June 14, 2023, the Plaintiffs added California state law claims
with Amanda Hoffman (Hoffman) as the California class
representative.
The Plaintiffs seek certification of the California class as
follows:
"All current and former California employees who Apple, Inc.
classified as non-exempt/overtime eligible who received
restricted stock units that vested on or after June 14,
2019,
and recorded more than forty hours of work in a workweek or
more than eight hours of work in a workday after receiving
an
RSU but before the RSU vested."
This excludes those who signed an arbitration agreement.
The Plaintiffs seek certification of the New York class as follows:
"All current and former New York employees who Apple, Inc.
classified as non-exempt/overtime eligible who received
restricted stock units that vested on or after Aug. 11,
2017,
and recorded more than forty hours of work in a workweek
after
receiving an RSU but before the RSU vested."
This excludes those who signed an arbitration agreement.
Apple designs, manufactures, and markets smartphones, personal
computers, tablets, wearables and accessories.
A copy of the Plaintiffs' motion dated Aug. 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0AJVTT at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel S. Brome, Esq.
Michele R. Fisher, Esq.
NICHOLS KASTER, LLP
235 Montgomery St., Suite 810
San Francisco, CA 94104
E-mail: dbrome@nka.com
fisher@nka.com
- and -
Loren B. Donnell, Esq.
Michael J. Palitz, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Rd. Suite 285
Boca Raton, FL 33431
E-mail: ldonnell@shavitzlaw.com
mpalitz@shavitzlaw.com
APPLE INC: Seeks to Maintain Portions of Reply Under Seal
---------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, by and through
next friend JOHN DOE, RICHARD ROBINSON, YOLANDA BROWN, JONATHAN
LEBLOND, PATRICIA ORRIS, and ANGELA STEVENS on behalf of themselves
and all other persons similarly situated, known and unknown, v.
APPLE INC., Case No. 3:20-cv-00421-NJR (S.D. Ill.), the Defendant
asks the Court to enter an order maintaining under seal portions of
the reply and one exhibit and maintain under seal in full two
exhibits consistent with Apple's proposed sealing and redaction
requests.
Apple's request is narrowly tailored to balance the public's right
of access to court documents and protection of Apple's highly
confidential and valuable trade secrets and business information.
The Plaintiffs' reply in support of their motion for class
certification and three exhibits attached to the reply contain
Apple’s confidential business information, research, and
technical information related to its intellectual property.
The disclosure of this information would result in prejudice and
harm to Apple if disclosed to third parties, let alone made
publicly available through a court filing.
Apple requests the Court maintain under seal portions
of the reply and one exhibit and maintain under seal in full two
exhibits consistent with Apple's proposed sealing and redaction
requests identified in the chart below.
Apple designs, manufactures, and markets smartphones, personal
computers, tablets, wearables and accessories.
A copy of the Defendant's motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3j7zf8 at no extra
charge.[CC]
The Defendant is represented by:
Purvi G. Patel, Esq.
Katie Viggiani, Esq.
MORRISON & FOERSTER LLP
707 Wilshire Boulevard, Suite 6000
Los Angeles, CA 90017
E-mail: ppatel@mofo.com
kviggiani@mofo.com
- and -
Raj N. Shah, Esq.
Eric M. Roberts, Esq.
Isabelle L. Ord, Esq.
DLA PIPER LLP (US)
444 West Lake Street, Suite 900
Chicago, IL 60606
E-mail: raj.shah@dlapiper.com
eric.roberts@dlapiper.com
isabelle.ord@dlapiper.com
APPLE INC: Summary Judgment Bid Must Be Filed by Oct. 9
-------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, by and through
next friend JOHN DOE, RICHARD ROBINSON, YOLANDA BROWN, JONATHAN
LEBLOND, ANGELA STEVENS, and PATRICIA ORRIS, on behalf of
themselves and all other persons similarly situated, v. APPLE INC.,
Case No. 3:20-cv-00421-NJR (S.D. Ill.), the Hon. Judge Nancy
Rosenstengel entered an amended scheduling order:
1. Apple's new expert report shall be due by Aug. 30, 2024.
2. Plaintiffs' rebuttal expert reports shall be due by Sept. 16,
2024.
3. Expert depositions shall take place by Oct. 4, 2024.
4. Summary judgment and Daubert motions shall be filed by Oct.
9,
2024.
5. Summary judgment and Daubert oppositions shall be filed by
Nov. 22, 2024.
6. Summary judgment and Daubert replies shall be filed by Dec.
13,
2024.
7. Presumptive Jury Trial month is March 2025.
Apple's pending Motion to Strike Plaintiffs' Untimely June 27, 2024
Expert Opinions, or, Alternatively, Obtain Reasonable Extension is
withdrawn.
Further, Apple having now responded to Plaintiffs' class
certification motion, its Motion to Extend Deadline to Oppose
Plaintiffs' Motion for Class Certification is denied as moot.
Apple designs, manufactures, and markets smartphones, personal
computers, tablets, wearables and accessories.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=hWapKy at no extra
charge.[CC]
APPLE INC: Turner's Bid to Amend Complaint Tossed
-------------------------------------------------
In the class action lawsuit captioned as ALASDAIR TURNER, v. APPLE,
INC., Case No. 5:20-cv-07495-EJD (N.D. Cal.), the Hon. Judge Edward
Davila entered an order denying Turner's motion for leave to amend
because Turner has failed to show good cause for amending his
complaint.
As a result, the Court also denies as moot Apple's motion to stay
discovery pending resolution of Turner's motion to amend. The Court
DIRECTS the parties to meet and confer regarding a case schedule
moving forward, and to file a stipulated case schedule, or a joint
statement containing the parties’ respective scheduling
proposals, within 14 days of this Order.
Turner's failure to meet his own deadline is, by itself, enough to
warrant denying his motion for leave to amend. When that failure is
combined with Turner’s lack of diligence in discovery, the Court
finds that Turner has clearly not shown good cause
On Oct. 24, 2020, Turner filed his original complaint. In that
complaint, Turner alleged that iOS 13 contained "hidden software
code" that caused iPhones "to surreptitiously transmit cellular
data, increasing the user's overall cellular data consumption
without his or her knowledge, without any change in the user's
usual behavior, and without providing the user any identifiable
benefit."
On Aug. 14, 2023, the parties finally entered a protective order
and ESI protocol.
Apple designs, manufactures, and markets smartphones, personal
computers, tablets, wearables and accessories.
A copy of the Court's order dated Aug. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=W7hbST at no extra
charge.[CC]
ARTHUR GALLAGHER: Settlement in Hernandez Suit Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as ITXAMAR HERNANDEZ, on
behalf of herself and all other similarly situated, v. ARTHUR J.
GALLAGHER SERVICE COMPANY, LLC, a Delaware limited liability
company; PRONTO CALIFORNIA AGENCY LLC, a California limited
liability company; PRONTO CALIFORNIA GENERAL AGENCY, LLC, a
California limited liability company; and DOES 1-50, Case No.
3:22-cv-01910-H-DEB (S.D. Cal.), the Hon. Judge Marilyn Huff
entered an order:
(1) certifying settlement class;
(2) granting final approval of class action settlement; and
(3) granting plaintiff’s request for attorneys’ fees,
costs, and a
class representative incentive award
the Court certifies the settlement class and grants final approval
of the settlement, including the PAGA payment. All persons who
satisfy the class definitions and did not opt out of the settlement
classes by the deadline are class members bound by this Order.
The Court finds that ILYM provided adequate notice per the Court's
preliminary approval order, and satisfied Rule 23(e).
On Nov. 9, 2023, the parties notified the Court that they had
reached a settlement in principle.
On Jan. 23, 2024, the parties finalized the settlement agreement.
On July 29, 2024, the Plaintiff Itxamar Hernandez filed an
unopposed motion for final approval of class action settlement.
The Plaintiff worked for the Defendants in California as a
non-exempt sales agent from around January 2020 through October
2023.
Arthur J. Gallagher is a global insurance brokerage and risk
management services firm operating throughout California, with its
headquarters in Illinois.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qYORGW at no extra
charge.[CC]
ASHLEY FURNITURE: Todd et al. Sue Over Sale of Unsafe Mattresses
----------------------------------------------------------------
JAIME TODD, on her own behalf and on behalf of her minor child,
G.T., ANDREW TODD, on his behalf and on behalf of his minor child,
G.T., ALLEN MCCLURE, ANGEL MCCLURE, LOGAN MCCLURE, JACOB MCCLURE,
KILLIAN MCCLURE, collectively on behalf of themselves and all other
similarly situated; Plaintiffs v. ASHLEY FURNITURE INDUSTRIES, LLC,
ASHLEY GLOBAL RETAIL, LLC, and RESIDENT HOME LLC, Defendants, Case
No. 3:24-cv-00615 (W.D. Wis., August 30, 2024) arises from
Defendants' manufacturing, marketing, and sale of unsafe mattresses
that contain fiberglass/glass fibers.
The Plaintiffs began experiencing extreme skin irritation and
respiratory problems. Plaintiffs also discovered that glass fibers
from the mattress had contaminated their home and personal
belongings. As a result of the glass fiber contamination, the
Plaintiffs have suffered personal injuries, pain and suffering,
real estate damage, personal property damage, and loss of home.
Accordingly, the Plaintiffs assert claims for additional
enforcement of product safety rules, strict liability (failure to
warn), strict liability (design defect), negligence, breach of
implied warranty, breach of express warranty, unjust enrichment,
and for violations of state consumer protection statutes.
Ashley is an American home furnishing manufacturer and retailer
headquartered in Arcadia, WI. The furnishings Ashley manufactures
and retails include mattresses that contain fiberglass/glass
fibers. [BN]
The Plaintiffs are represented by:
Daniel B. Snyder, Esq.
Gregory A. Cade, Esq.
Kevin B. McKie, Esq.
Gary Anderson, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Ave. S.
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
E-mail: GregC@elglaw.com
kmckie@elglaw.com
Gary@elglaw.com
- and -
Christopher Cueto, Esq.
James E. Radcliffe, Esq.
LAW OFFICE OF CHRISTOPHER CUETO, LTD.
7110 West Main Street
Belleville, IL 62223
E-mail: ccueto@cuetolaw.com
jradcliffe@cuetolaw.com
- and -
Lloyd M. Cueto, Esq.
LAW OFFICE OF LLOYD M. CUETO, P.C.
7110 West Main Street
Belleville, IL 62223
E-mail: cuetolm@cuetolaw.com
ATLANTIC RECOVERY: Scheduling Order Entered in Roeder Class Suit
----------------------------------------------------------------
In the class action lawsuit captioned as ADAM ROEDER, individually
and on behalf of all others similarly situated, v. ATLANTIC
RECOVERY SOLUTIONS, LLC, a New York registered company, Case No.
6:24-cv-06357-FPG-MWP (W.D.N.Y.), the Hon. Judge Marian Payson
entered scheduling order as follows:
-- No later than Oct. 28, 2024 the parties shall confer and
select a mediator, confirm the mediator's availability,
ensure that the mediator does not have a conflict with any
of
the parties in the case, identify a date and time for the
initial mediation session, and file a stipulation
confirming
their selection on the form provided by the Court.
-- Any motions to opt out of the ADR process shall be filed
by
Oct. 14, 2024.
-- The initial mediation session shall be held no later than
Dec. 26, 2024.
-- The referral to mediation shall terminate on Feb. 26,
2025.
-- All mandatory disclosures required by Rule 26(a)(1) of
the
Federal Rules of Civil Procedure shall be completed on or
before Sept. 3, 2024.
-- All motions to join other parties and to amend the
pleadings
shall be filed on or before Oct. 25, 2024. Any third party
action shall be commenced on or before Oct. 25, 2024.
-- All factual discovery in this case, including depositions,
shall be completed on or before May 9, 2025.
-- All motions to compel discovery shall be filed by May 9,
2025.
Atlantic Recovery specializes in the recovery of small local retail
accounts to aiding in big business restitutions.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8Cv9op at no extra
charge.[CC]
AVANT GARDNER: Avchukov Seeks Extension of Class Cert Deadlines
---------------------------------------------------------------
In the class action lawsuit captioned as Avchukov, et al., v. Avant
Gardner, LLC et al., Case No. 1:23-cv-08197 (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order adjourning the deadline
for Plaintiffs' motion for class certification.
Defendants' opposition is due Sept. 30, 2024, and Plaintiffs' reply
is due on Oct. 18, 2024 – which is after the settlement
conference currently scheduled for Oct. 8, 2024.
The Plaintiffs are requesting this extension based on their
assessment that adjourning class certification briefing until after
the settlement conference would enable the parties to take into
account the result of that conference. If the parties are
successful, Plaintiffs would move to certify a settlement class.
Further, the conference itself may provide insight into issues to
be addressed in the class certification briefing.
Accordingly, the Plaintiffs request the following briefing
schedule:
-- Plaintiffs' opening brief: Nov. 8, 2024
-- Defendants' opposition: Dec. 9, 2024
-- Plaintiffs' reply brief: Dec. 27, 2024
A copy of the Plaintiffs' motion dated Aug. 28, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9MbJ3L at no extra
charge.[CC]
The Plaintiffs are represented by:
Shelly L. Friedland, Esq.
PARKER POHL LLP
99 Park Avenue, Suite 1510
New York, NY 10016
Telephone: (212) 202-8886
Facsimile: (646) 924-3100
E-mail: parkerpohl.com
AVANT GARDNER: Ting Seeks Extension of Class Cert-Related Deadlines
-------------------------------------------------------------------
In the class action lawsuit captioned as Ting, et al., v. Avant
Gardner LLC., Case No. 1:23-cv-09694 (S.D.N.Y.), the Plaintiffs ask
the Court to enter an order adjourning the deadline for Plaintiffs'
motion for class certification.
Defendants' opposition is due Sept. 30, 2024, and Plaintiffs' reply
is due on Oct. 18, 2024 – which is after the settlement
conference currently scheduled for Oct. 8, 2024.
The Plaintiffs are requesting this extension based on their
assessment that adjourning class certification briefing until after
the settlement conference would enable the parties to take into
account the result of that conference. If the parties are
successful, Plaintiffs would move to certify a settlement class.
Further, the conference itself may provide insight into issues to
be addressed in the class certification briefing.
Accordingly, the plaintiffs request the following briefing
schedule:
-- Plaintiffs' opening brief: Nov. 8, 2024
-- Defendants' opposition: Dec. 9, 2024
-- Plaintiffs' reply brief: Dec. 27, 2024
A copy of the Plaintiffs' motion dated Aug. 28, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=eCz0r0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Shelly L. Friedland, Esq.
PARKER POHL LLP
99 Park Avenue, Suite 1510
New York, NY 10016
Telephone: (212) 202-8886
Facsimile: (646) 924-3100
E-mail: parkerpohl.com
BANK OF AMERICA: Seeks Leave to File Class Cert Docs Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as NATALIE TRISTAN, AVANTIKA
AHUJA, and PHILLIP MYERS, Individually and On Behalf of All Others
Similarly Situated, v. BANK OF AMERICA, N.A.; and EARLY WARNING
SERVICES, LLC D/B/A ZELLEPAY.COM, Case No. 8:22-cv-01183-DOC-ADS
(C.D. Cal.), the Defendants ask the Court to enter an order
granting leave to file the following documents under seal pursuant
to Local Rule 79-5.2.2(a) because they constitute or reflect
material designated confidential by the Bank:
Document to be Sealed Portion to Seal
Opposition to Plaintiffs' Motion for Partial Seal
Class Certification
Exhibit 1 to Levine Decl. ISO Partial Seal
Application to Seal
Exhibit 6 to Levine Decl. ISO Partial Seal
Application to Seal
Exhibit 7 to Levine Decl. ISO Entire Document
Application to Seal
Exhibit 8 to Levine Decl. ISO Partial Seal
Application to Seal
Exhibit 10 to Levine Decl. ISO Entire Document
Application to Seal
The Bank's Opposition and certain exhibits thereto contain
information that the Bank has designated Confidential under the
Protective Order entered in this case by Judge Spaeth.
Counsel for the Bank met and conferred with Counsel for Plaintiffs
on Aug. 16, 2024, to confirm that Plaintiffs do not oppose this
Application.
Bank of America is an American multinational investment bank and
financial services holding company.
A copy of the Defendants' motion dated Aug. 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OVFBv0 at no extra
charge.[CC]
The Defendants are represented by:
Matthew D. Benedetto, Esq.
Noah Levine, Esq.
Benjamin Chapin, Esq.
WILMER CUTLER PICKERING
HALE AND DORR LLP
350 South Grand Ave., Suite 2400
Los Angeles, CA 90071
Telephone: (213) 443-5300
Facsimile: (213) 443-5400
E-mail: matthew.benedetto@wilmerhale.com
noah.levine@wilmerhale.com
BEVERAGE WORKS: Ortiz Seeks to Certify Class of Employees
---------------------------------------------------------
In the class action lawsuit captioned as DAVID ORTIZ, on behalf of
himself and all others similarly situated, v. THE BEVERAGE WORKS
NY, INC., dba THE BEVERAGE WORKS, Case No. 1:24-cv-04424-ARR-JRC
(E.D.N.Y.), the Plaintiff will move the Court for an Order:
(a) certifying a class, defined as:
"Plaintiff and other similarly situated former employees of
Defendant: (i) who worked or were based at, or reported to
and
received assignments from, Defendant's Facilities, (ii) who
were terminated without cause on or about June 3, 2024 and
within 90 days of that date, as the reasonably foreseeable
consequence of the mass layoff and/or plant closing ordered
by
the Defendant on June 3, 2024, (iii) who are affected
employees, within the meaning of 29 U.S.C. section
2101(a)(5)
and New York Labor Law section 860-A, and (iv) who have not
filed a timely request to opt-out of the class;
(b) appointing Raisner Roupinian LLP as Class Counsel;
(c) appointing Plaintiff as the Class Representative;
(d) approving the form and manner of Notice, and
(e) granting any other appropriate relief.
The Defendant offer energy drinks products.
A copy of the Plaintiff's motion dated Aug. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=lPAIla at no extra
charge.[CC]
The Plaintiff is represented by:
Jack A. Raisner, Esq.
Rene S. Roupinian, Esq.
Gail Lin, Esq.
RAISNER ROUPINIAN LLP
270 Madison Avenue, Suite 1801
New York, NY 10016
Telephone: (212) 221-1747
Facsimile: (212) 221-1747
E-mail: jar@raisnerroupinian.com
rsr@raisnerroupinian.com
gcl@raisnerroupinian.com
BIG FISH: Campos Bid for Temporary Restraining Order Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as NATHAN CAMPOS and JANET
GARVEY, v. BIG FISH GAMES, INC., a Washington corporation; et al.,
Case No. 2:22-cv-01806-RSM (W.D. Wash.), the Hon. Judge Ricardo
Martinez entered an order denying the Plaintiff's Motion for
Temporary Restraining Order and Appointment of Interim Class
Counsel.
Accordingly, the Court finds that Plaintiffs have failed to show
irreparable harm, and the Court need not examine the other factors
above to find that this Motion can be denied. Furthermore, because
the Court finds no risk of irreparable harm pending class
certification and the case does not involve multiple attorneys
vying for the position, the Court finds it unnecessary to appoint
interim class counsel.
The Plaintiffs' TRO Motion seeks emergency relief related to the
Defendants' updated pop-up window displayed in the gaming
application.
This pop-up identifies Defendants' new Terms of Service ("TOS"),
which were updated on Dec. 1, 2023, and again on June 5, 2024.
After the update on June 5, 2024, Plaintiffs' counsel communicated
to Defendants' counsel that the updated TOS "were improper class
communications" and attempted to get Defendants' agreement that the
updated TOS did not apply to putative class members.
Big Fish is a leader in desktop gaming and home to a massive
catalog containing thousands of casual games.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Hhvwmg at no extra
charge.[CC]
BLINK CHARGING: Hearing on Final OK of Settlement Set for Oct. 23
-----------------------------------------------------------------
Blink Charging Co. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2024 filed with the Securities and
Exchange Commission on August 9, 2024, that the United States
District Court for the Southern District of Florida scheduled the
consolidated Bush, Vittoria securities class suit settlement final
approval hearing on October 23, 2024.
In August 2020, a purported securities class action lawsuit,
captioned Bush v. Blink Charging Co. et al., Case No. 20-cv-23527,
was filed in the United States District Court for the Southern
District of Florida against the Company, Michael Farkas (Blink's
former Chairman of the Board and Chief Executive Officer), and
Michael Rama (Blink's Chief Financial Officer) (the "Bush
Lawsuit").
In September 2020, another purported securities class action
lawsuit, captioned Vittoria v. Blink Charging Co. et al., Case No.
20-cv-23643, was filed in the United States District Court for the
Southern District of Florida against the same defendants and
seeking to recover the same alleged damages.
Following consolidation of the two actions and the court appointing
Tianyou Wu, Alexander Yu and H. Marc Joseph to serve as the Co-Lead
Plaintiffs, the Co-Lead Plaintiffs filed an Amended Complaint in
February 2021.
The Amended Complaint alleged, among other things, that the
defendants made false or misleading statements about the size and
functionality of the Blink Network and asserted claims under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934.
In April 2021, Blink and the other defendants filed a motion to
dismiss the Amended Complaint.
In November 2023, the court dismissed Co-Lead Plaintiffs' claims
relating to the size of Blink's charging network and denied the
remainder of the motion to dismiss.
Following a mediation in April 2024, the parties agreed to the
terms of a settlement, which is subject to final court approval.
As part of the settlement, the Defendants agreed to pay $3,750
(inclusive of attorneys' fees and administrative costs) in exchange
for the dismissal with prejudice of all claims.
On July 2, 2024, Co-Lead Plaintiffs filed an unopposed motion for
preliminary approval of the settlement.
On July 9, 2024, the court (i) granted the motion, (ii) certified a
settlement class, for settlement purposes only, of investors who
purchased or otherwise acquired Blink's common stock between March
6, 2020 and August 19, 2020, (iii) preliminarily approved the
settlement, and (iv) set a final settlement hearing for October 23,
2024.
The full settlement amount has been paid by the Company's
Directors' and Officers' insurance policies.
Blink is an American electric vehicle charging network operator.
BOAR'S HEAD: Meat Products Contains Bacteria, Gatoff Alleges
------------------------------------------------------------
SHERYL GATOFF, individually and on behalf of all others similarly
situated Plaintiff v. BOAR'S HEAD PROVISIONS CO., INC., Defendant,
Case No. 8:24-cv-01868-DOC-KES (C.D. Cal., Aug. 26, 2024) seeks to
remedy the deceptive and misleading business practices of the
Defendant with respect to the manufacturing, marketing, and sale of
its meat products throughout the state of California and throughout
the United States.
According to the Plaintiff in the complaint, the Defendant has
improperly, deceptively, and misleadingly labeled and marketed its
Products to reasonable consumers, like Plaintiff, by omitting and
not disclosing to consumers on its packaging that the Products are
contaminated with Listeria monocytogenes.
The Defendant's advertising and marketing campaign is false,
deceptive, and misleading because the Products do contain, or risk
containing, Listeria monocytogenes, which is dangerous to one's
health and well-being. Nevertheless, Defendant does not list or
mention Listeria monocytogenes anywhere on the Products' packaging
or labeling. The Defendant's misrepresentations and omissions of
the safety of the Products and what is in the Products was material
to Plaintiff and Class Members. Consequently, Plaintiff and Class
Members lost the entire benefit of their bargain when what they
received was a food product contaminated with Listeria
monocytogenes that is harmful to consumers' health.
Boar's Head Provisions Company, Inc. manufactures and markets food
products. The company offers turkey, ham, beef, chicken, franks,
sausages, bacon, bolognas, loaves, cheese, condiments, and other
food products. [BN]
The Plaintiff is represented by:
Michael R. Reese, Esq.
REESE LLP
100 West 93rd Street, 16th Floor
New York, NY 10025
Telephone: (212) 643-0500
Email: mreese@reesellp.com
BOURBON COUNTY, KY: Court Recommends Class Cert Bid Denial
----------------------------------------------------------
In the class action lawsuit captioned as MARK SHANNON, v. BOURBON
COUNTY et al., Case No. 5:23-cv-00107-GFVT-MAS (E.D. Ky.), the Hon.
Judge Matthew Stinnett recommends that the District Court deny Mr.
Shannon's motion for class certification and request for the
appointment of class counsel under Rule 23.
The Court issues this Recommended Disposition under Federal Rule of
Civil Procedure 72(b)(1) and 28 U.S.C. section 636(b)(1)(B). Within
14 after being served with a copy of this decision, any party may
serve and file specific written objections to any or all findings
or recommendations for determination, de novo, by the District
Court. Failure to make timely objections consistent with the
statute and rule may, and normally will, result in waiver of
further appeal to or review by the District Court and Court of
Appeals.
At no point in his Complaint does Mr. Shannon mention other
inmates, suggest he is representative of other putative class
members, or assert a claim for class certification.
Mr. Shannon cannot recite the elements of Rule 23 like a magic
incantation and hope to transform his case into a class action. Mr.
Shannon does not provide "an adequate statement of the basic facts
to indicate that each requirement of the rule is fulfilled."
Mr. Shannon is an inmate at Bourbon County Regional Detention
Center. Per Mr. Shannon, he "has been kidnapped through illicted
[sic] and illegal means by the Paris Police." He complains that he
has suffered damages due to "overcrowded conditions," "overflowing
sewage," "black mold," "vermin," "lack [of] access to clean
drinking water and safe food."
Bourbon County is nestled in the heart of Kentucky's famous
Bluegrass region.
A copy of the Court's report and recommendation dated Aug. 26,
2024, is available from PacerMonitor.com at
https://urlcurt.com/u?l=iCaIRO at no extra charge.[CC]
BOW PLUMBING: Class Settlement in Braswell Suit Gets Final Nod
--------------------------------------------------------------
In the class action lawsuit captioned as ROSELYN BRASWELL, et al.,
v. BOW PLUMBING GROUP, INC., Case No. 2:21-cv-00025-ECM-KFP (M.D.
Ala.), the Hon. Judge Emily Marks entered an order:
-- granting final approval to class action settlement; and
-- certifying settlement class defined as:
"All Persons within the fifty states, the District of Columbia,
and all territories of the United States that own or have owned
at
any time since May 26, 2003, a residential, commercial, or
other
structure that contains or contained Bow's PEX Tubing,
including
their spouses, joint owners, heirs, executors, administrators,
mortgagees, tenants, creditors, lenders, predecessors,
successors,
trusts and trustees, and assigns ("Occupant Persons"); as well
as
all Persons who have standing and are entitled to assert a
claim
on behalf of any such Occupant Persons, such as but not limited
to
a plumber, builder, contractor, distributor, seller, subrogated
insurance carrier, or other Person that has claims for
contribution, indemnity, or otherwise against Bow as a result
of
leaks of the PEX Tubing in such residential, commercial, or
other
structures."
The Settlement Class includes all Persons who subsequently
purchase or otherwise obtain an interest in a residential,
commercial, or other structure covered by this Settlement
without
the need of a formal assignment by contract or court order.
The Settlement Class includes all Persons within this
definition
regardless of whether any such Person has an active lawsuit
against Bow, or an active claim or potential claim against Bow,
whether tolled or otherwise, involving Bow's PEX Tubing.
Excluded from the Settlement Class are: (i) Bow, its officers,
directors, affiliates, legal representatives, employees,
successors, and assigns, and entities in which Bow has a
controlling interest; (ii) judges presiding over the
Litigation;
(iii) local, municipal, state, and federal governmental
entities;
and (iv) Persons whose claims against Bow related to Bow's PEX
Tubing have been or are dismissed by adjudication.
This Court finds and confirms that the Settlement Escrow Account is
a "Qualified Settlement Fund" as defined in Section 1.468B-1
through 1.468B-5 of the Treasury Regulations.
Bow produces drainage and pressure plumbing products in all the
major plastic materials.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=jJjH6S at no extra
charge.[CC]
BOZZUTO'S INC: Class Cert Reply Brief Extended to Sept. 12
----------------------------------------------------------
In the class action lawsuit captioned as Loiseau v. Bozzuto's Inc.,
Case No. 3:22-cv-01485 (D. Conn., Filed Nov. 21, 2022), the Hon.
Judge Janet C. Hall entered an order granting consent motion for
extension of time until Sept. 12, 2024, to file reply brief in
support of class certification.
The nature of suit states Civil Rights -- Job Discrimination
(Employment).
Bozzuto's is a wholesale distributor of food and household products
to retailers in New England, New York, and New Jersey.[CC]
BUILDERS MUTUAL: Settlement in Kocher Gets Initial Approval
-----------------------------------------------------------
In the class action lawsuit captioned as Kocher v. Builders Mutual
Insurance Company et al. (BUILDERS MUTUAL DATA SECURITY INCIDENT
LITIGATION), Case No. 5:23-cv-00579-M-KS (E.D.N.C.), the Hon. Judge
Richard Myers II entered an order granting the Plaintiffs'
Unopposed Motion for Preliminary Approval of Class Action
Settlement.
1. Class Certification for Settlement Purposes Only
The Settlement Agreement provides for a Settlement Class
defined as follows:
"All individuals in the United States whose Private
Information
was compromised in the Builders Mutual Data Security
Incident
that occurred in December 2022."
Specifically excluded from the Settlement Class are: (1) the
judges presiding over this action, and members of their
direct
families; (2) the Defendants, their subsidiaries, parent
companies, successors, predecessors, and any entity in which
the Defendants or their parents have a controlling interest
and
their current or former officers and directors employees;
and
(3) Settlement Class Members who submit a valid Request for
Exclusion prior to the Opt-Out Deadline.
2. Settlement Class Representatives and Settlement Class
Counsel
The court finds that Plaintiffs will likely satisfy the
requirements of Rule 23( e )(2)(A) for settlement purposes
only
and should be appointed as the Class Representatives.
Additionally, the court finds that Raina C. Borrelli of
Strauss
Borrelli PLLC, Tyler Bean of Siri & Glimstad LLP, and Daniel
Srourian of Srourian Law Firm P.C. will likely satisfy the
requirements of Rule 23(e)(2)(A) and should be appointed as
Class Counsel pursuant to Rule 23(g)(l) for settlement
purposes
only.
3. Final Approval Hearing. A Final Approval Hearing shall be
held
on Friday, January 17, 2025, at 10:30 a.m.
Builders Mutual is a writer of commercial insurance products
dedicated exclusively to the construction industry.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=34vTgk at no extra
charge.[CC]
BYTEDANCE INC: Bid to Deny Class Certification Tossed
------------------------------------------------------
In the class action lawsuit captioned as REECE YOUNG, et al., v.
BYTEDANCE INC., et al., Case No. 3:22-cv-01883-VC (N.D. Cal.), the
Hon. Judge Vince Chhabria entered an order denying motion to deny
class certification.
The Court is confused as to why this motion was filed at all.
Although TikTok and ByteDance make an exceedingly strong argument
to exclude from the class anyone who signed an arbitration
agreement, they fail to explain why that should defeat class
certification altogether, as opposed to simply reducing the size of
the proposed class from roughly 12,600 people to roughly 4,100 or
4,300 people.
In this respect, the primary case cited by TikTok and
ByteDance—Lawson v. Grubhub, Inc., 13 F.4th 908, 913 (9th Cir.
2021) -- is very different. There, all members of the class except
the named plaintiff and one other person had signed arbitration
agreements.
If a class is ultimately certified, the people who signed
arbitration agreements will almost certainly be excluded, but this
matter is properly discussed at the hearing on the motion for class
certification. The parties are free to incorporate by reference the
briefs they filed in connection with this motion, rather than
repeating the arguments contained in those briefs.
ByteDance is a technology company operating a range of content
platforms that inform, educate, entertain and inspire people across
languages, and cultures.
A copy of the Court's order dated Aug. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=sjwDpK at no extra
charge.[CC]
C2 EDUCATIONAL: Moody Seeks More Time to File Class Cert Bid
------------------------------------------------------------
In the class action lawsuit captioned as DINO MOODY, individually
and on behalf of all others similarly situated, v. C2 EDUCATIONAL
SYSTEMS INC.; and DOES 1 through 25, inclusive, Case No.
2:24-cv-04249-RGK-SK (C.D. Cal.), the Plaintiff will move the Court
on Sept. 30, 2024 for Clarification or in the Alternative for an
Extension of Time to file a Motion for Class Certification.
This motion is made following the conference of counsel pursuant to
L.R. 7- 3, which took place on Aug. 23, 2024.
On May 22, 2024, Dino Moody filed a class action Complaint against
C2 Educational Systems Inc. The Plaintiff alleges Defendant
violated California's Trap and Trace Law, California Penal Code
section 638.51, a provision of the California Invasion of Privacy
Act ("CIPA").
C2 Educational is a provider of online tutoring programs intended
for kindergarten to intermediate students.
A copy of the Plaintiff's motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KDRD8i at no extra
charge.[CC]
The Plaintiff is represented by:
Robert Tauler, Esq.
Wendy Miele, Esq.
TAULER SMITH LLP
626 Wilshire Blvd., Suite 550
Los Angeles, CA 90017
Telephone: (310) 590-3927
E-mail: rtauler@taulersmith.com
wmiele@taulersmith.com
CAMPBELL SOUP: Court Dismisses Husain Suit
------------------------------------------
In the class action lawsuit captioned as SYED HUSAIN, v. CAMPBELL
SOUP COMPANY, Case No. 3:24-cv-01776-CRB (N.D. Cal.), the Hon.
Judge Charles Breyer entered an order granting the motion to
dismiss the Plaintiff's amended complaint.
Because the front label discloses that the Product is kettle
cooked, Plaintiff's case, too, is fried.
The Court concludes that the representations on the Product's front
label are not plausibly false or misleading. To the contrary, the
front label explicitly states the Product is "kettle cooked" before
it is "air finished," which conveys that it is not exclusively air
fried and is cooked with oil.
The Plaintiff Husain brings this putative class action against
Defendant Campbell Soup Company alleging that Defendant deceptively
labels and advertises its Kettle Brand Air Fried potato chips as
being air fried when the chips are actually cooked in oil. The
Defendant moves to dismiss Plaintiff's amended complaint.
The Plaintiff Husain, a resident of California, purchased the
Product from a California retailer in November 2023.
Campbell Soup manufactures, markets, distributes, and sells potato
chips under the "Kettle Brand" name.
A copy of the Court's order dated Sept. 2, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GNK8M4 at no extra
charge.[CC]
CAMPBELL SOUP: Fails to Pay Proper Wages, Regel Alleges
-------------------------------------------------------
SEAN A. REGEL, individually and on behalf of all others similarly
situated, Plaintiff v. CAMPBELL SOUP COMPANY; and SNYDER'S-LANCE,
INC., Defendants, Case No. 7:24-cv-06541 (S.D.N.Y., Aug. 29, 2024)
seeks to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Regel was employed by the Defendants as a distributor.
Campbell Soup Company, with its subsidiaries, manufactures and
markets branded convenience food products. The Company's core
divisions include soups and sauces, biscuits and confectionery, and
foodservice. [BN]
The Plaintiff is represented by:
D. Greg Blankinship, Esq.
FINKELSTEIN, BLANKINSHIP, FREI-PEARSON & GARBER, LLP
One N. Broadway Suite 900
White Plains, NY 10601
Telephone: (844) 431-0695
Email: gblankinship@fbfglaw.com
- and -
Craig M. Nicholas, Esq.
Alex Tomasevic, Esq.
Shaun Markley, Esq.
Jordan Belcastro, Esq.
NICHOLAS & TOMASELVIC, LLP
225 Broadway, 19th Floor
San Diego, CA 92101
Telephone: (619) 325-0492
Facsimile: (619) 325-0496
Email: cnicholas@nicholaslaw.org
atomasevic@nicholaslaw.org
smarkley@nicholaslaw.org
jbelcastro@nicholaslaw.org
CARE BY CASSIE: Filing for Class Cert Bid Due Feb. 1, 2025
----------------------------------------------------------
In the class action lawsuit captioned as Bufford et al v. Care by
Cassie, Inc., et al., Case No. 4:24-cv-00082 (W.D. Mo., Filed Feb.
2, 2024), the Hon. Judge Stephen R. Bough entered an order that the
deadline to file a motion for class certification is on or before
Feb. 1, 2025.
On Aug. 22, 2024, the Court presided over a scheduling conference
with the parties.
The suit alleges violation of the Fair Labor Standards Act
(FLSA).[CC]
CAREMARK PHC: Filing for Class Cert. in Flowers Extended to Oct. 15
-------------------------------------------------------------------
In the class action lawsuit captioned as KEVIN FLOWERS,
individually and on Behalf of himself and all others similarly
situated, v. CAREMARK PhC, L.L.C. d/b/a CVS CAREMARK, Case No.
4:24-cv-04031-SOH (W.D. Ark.), the Hon. Judge Susan Hickey entered
an order granting the joint motion to amend deadline for filing
motion for class certification.
The deadline for filing a motion for class certification is
extended to Oct. 15, 2024. The Defendant's opposition to that
motion is due on Nov. 29, 2024. The Plaintiff's reply is due on
Dec. 30, 2024. All other deadlines remain unchanged.
Upon consideration, the Court finds that good cause has been shown
for the request to extend the class certification motion deadline.
Caremark PhC was founded in 1994. The Company's line of business
includes the practice of general and specialized medicine and
surgery.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=k5Yqhz at no extra
charge.[CC]
CHAPTERS HEALTH: Brewer Suit Seeks More Time to File Class Cert Bid
-------------------------------------------------------------------
In the class action lawsuit captioned as AMEERA BREWER and AMNESTY
DAILEY-MCBRIDE, Individually and on behalf of all others similarly
situated, v. CHAPTERS HEALTH SYSTEM, INC and GOOD SHEPHERD HOSPICE,
INC., Case No. 8:23-cv-02828-TPB-TGW (M.D. Fla.), the Plaintiffs
ask the Court to enter an order granting an enlargement of time in
which to file a motion for class action certification until such
time as the Defendants respond to the discovery served on them, or
alternatively, until such time as this Court rules on the motions
to compel filed by the Court.
The current deadline as set forth in the Uniform Case Management is
Aug. 30, 2024. Counsel respectfully requests an enlargement to the
end of the discovery period January 3, 2025. Counsel has not yet
received requested documents from the Defendants to complete the
move for class certification.
The Court may recall that during a status conference held in this
case, the class action was discussed, and the nature of the
discussion was that it would be determined after discovery if a
class was tenable.
The Plaintiffs have been working for some time to obtain the
information necessary, but the Defendants have refused to provide
evidence of the number of non-Caucasian employees who were subject
to the discrimination alleged by Plaintiffs.
Chapters Health is a not-for-profit advanced illness and hospice
organization.
A copy of the Plaintiff's motion dated Aug. 28, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=U4FbYu at no extra
charge.[CC]
The Plaintiff is represented by:
Nora Leto, Esq.
KAYLOR, KAYLOR & LETO, P.A.
Lakeland, FL 33807
Telephone: (863)619-6275
E-mail: nleto@kaylor-kaylor.com
chr@kaylor-kaylor.com
CHRIS REYKDAL: Bid to Initially Approve Settlement Tossed
----------------------------------------------------------
In the class action lawsuit captioned as N.D., et al., v. CHRIS
REYKDAL, et al. Case No. 2:22-cv-01621-LK-MLP (W.D. Wash.), the
Hon. Judge Lauren King entered an order:
-- denying without prejudice the Plaintiffs' Unopposed Motion for
Preliminary Approval of Class Action Settlement and for
Certification of Settlement Class; and
-- striking as moot the Plaintiffs' previously filed,
pre-settlement
motion for class certification.
The Plaintiffs have not shown that the Court should retain
jurisdiction over all individual challenges that may arise.
The class is defined as:
"all students who, within the two years prior to the filing of
this lawsuit and up to the present, were exited from special
education services [in Washington] due to age before their 22nd
birthday."
The Plaintiffs filed this putative class action alleging that
Washington’s law that ends special education services at the end
of the school year during which a student turns 21 violates the
Individuals with Disabilities Education Act ("IDEA").
A copy of the Court's order dated Aug. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dArQlk at no extra
charge.[CC]
CVS PHARMACY: Filing for Class Certification Bid Due Nov. 1
-----------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE ONE, RICHARD ROE,
in his capacity as executor for JOHN DOE TWO, JOHN DOE SIX; and
JOHN DOE SEVEN, on behalf of themselves and all others similarly
situated and for the benefit of the general public, v. CVS
PHARMACY, INC.; CAREMARK, L.L.C.; CAREMARK CALIFORNIA SPECIALTY
PHARMACY, L.L.C.; GARFIELD BEACH CVS, L.L.C.; CAREMARKPCS HEALTH,
L.L.C.; and DOES 1–10, inclusive, Case No. 3:18-cv-01031-EMC
(N.D. Cal.), the Hon. Judge Edward Chen entered an order setting
the schedule for the Plaintiffs' motion for class certification as
follows:
Item Deadline
Motion for Class Certification Nov. 1, 2024
Opposition for Motion for Class Certification Jan. 15, 2025
Reply in Support of Motion for Class Feb. 12, 2025
Certification
Hearing on Motion for Class Certification March 13, 2025
at
1:30 p.m.
CVS Pharmacy is an American retail corporation.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=a6tGLq at no extra
charge.[CC]
The Plaintiffs are represented by:
Henry C. Quillen, Esq.
Joe R. Whatley, Jr., Esq.
Edith M. Kallas, Esq.
Alan M. Mansfield, Esq.
WHATLEY KALLAS, LLP
152 West 57th Street, 41st Floor
New York, NY 10019
Telephone: (212) 447-7060
Facsimile: (800) 922-4851
E-mail: hquillen@whatleykallas.com
jwhatley@whatleykallas.com
ekallas@whatleykallas.com
amansfield@whatleykallas.com
- and -
Jerry Flanagan, Esq.
Benjamin Powell, Esq.
CONSUMER WATCHDOG
6330 San Vicente Blvd., Suite 250
Los Angeles, CA 90048
Telephone: (310) 392-0522
E-mail: jerry@consumerwatchdog.org
ben@consumerwatchdog.org
The Defendants are represented by:
Enu Mainigi, Esq.
Craig D. Singer, Esq.
Grant A. Geyerman, Esq.
Benjamin W. Graham, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Ave., S.W.
Washington, DC 20024
Telephone: (202) 434-5000
Facsimile: (202) 434-5029
- and -
John J. Atallah, Esq.
FOLEY & LARDNER LLP
555 South Flower Street, Ste. 3500
Los Angeles, CA 90071
Telephone: (213) 972-4500
Facsimile: (213) 486-0065
DEL MONTE: Vlacich Seeks to Seal Class Cert Documents
-----------------------------------------------------
In the class action lawsuit captioned as Jennifer Vlacich, Brenda
Robert, Elena Nacarino, Ana Krstic, Christina Vink, Lora Grodnick,
Lisa Malara, and Teena Stambaugh, individually and on behalf of all
others similarly situated, v. Del Monte Foods, Inc., Case No.
4:22-cv-00892-JST (N.D. Cal.), the Plaintiff asks the Court to
enter an order authorizing the sealing of certain materials being
filed with Plaintiffs' Motion for Class Certification.
The Plaintiffs have reviewed and complied with Civil Local Rule
79-5(f). The materials that Plaintiffs seek to file under seal are
identified in the below chart.
Document Portion(s) to Seal Designating Entity and
Reason(s) for Sealing
Plaintiffs' Pages: 2, 3, 4. The material has been
Motion for designated "CONFIDENTIAL"
Class by Defendant Del Monte
Certification pursuant to the Protective
Order. Plaintiffs therefore
are not in a position to
place
this information in the
public
record.
Declaration Pages: 16, 20. The material has been
of Kathleen designated "CONFIDENTIAL"
F. Holton by Defendant Del Monte
pursuant to the Protective
Order. Plaintiffs therefore
are not in a position to
place
this information in the
public
record.
Del Monte is an American food production and distribution company
and subsidiary of NutriAsia.
A copy of the Plaintiffs' motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=GVdbt0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Richard Lyon, Esq.
Simon Franzini, Esq.
Jonas B. Jacobson
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: rick@dovel.com
simon@dovel.com
jonas@dovel.com
- and -
Zack Broslavsky, Esq.
BROSLAVSKY & WEINMAN, LLP
1500 Rosecrans. Ave, Suite 500
Manhattan Beach, CA 90266
Telephone: (310) 575-2550
Facsimile: (310) 464-3550
E-mail: zbroslavsky@bwcounsel.com
DEMARIA'S HEMLOCK: Nole Suit Seeks Unpaid Overtime for Butchers
---------------------------------------------------------------
EDWIN SAITEROS NOLE, individually and on behalf of all others
similarly situated, Plaintiff v. DEMARIA'S HEMLOCK HILL FARM LLC,
doing business as HEMLOCK HILL FARM; MACELLERIA DEMARIA LLC; JOHN
N. DEMARIA, and LAURA DEMARIA, Defendants, Case No. 7:24-cv-06486
(S.D.N.Y., August 28, 2024) is a class action against the
Defendants for failure to pay overtime wages in violation of the
Fair Labor Standards Act and the New York Labor Law.
Mr. Nole was employed by the Defendants as a butcher at Hemlock
Hill Farm from 2016 through July 29, 2024.
Demaria's Hemlock Hill Farm LLC, doing business as Hemlock Hill
Farm, is an owner and operator of farm and market located in
Cortlandt Manor, New York.
Macelleria Demaria LLC is an owner and operator of farm and market
located in Cortlandt Manor, New York. [BN]
The Plaintiff is represented by:
Peter Hans Cooper, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street, 40th Floor
New York, NY 10165
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
Email: pcooper@jcpclaw.com
- and -
Joseph Jeziorkowski, Esq.
VALIANT LAW
2 Westchester Park Drive, Suite 205
White Plains, NY 10604
Telephone: (914) 595-6702
Facsimile: (909) 677-2290
Email: jjj@valiantlaw.com
DOZ BAGELS: Maldonado Seeks Unpaid Overtime for Restaurant Staff
----------------------------------------------------------------
EDIN MALDONADO, individually and on behalf of all others similarly
situated, Plaintiff v. DOZ BAGELS INC. d/b/a DOZ BAGELS, DOZ BAGELS
ON 7TH, INC. d/b/a DOZ BAGELS, ABC 1 CORP. d/b/a DOZ BAGELS, ABC 2
CORP. d/b/a DOZ BAGELS, and MIKE PANTANO, Defendants, Case No.
2:24-cv-06113 (E.D.N.Y., August 30, 2024) is a class action against
the Defendants for violation of the Fair Labor Standards Act and
the New York Labor Law including failure to pay overtime wages,
failure to provide wage notice, and failure to provide accurate
wage statements.
The Plaintiff was employed by the Defendants as a food preparer and
cook from in or about May 2022 through on or about March 4, 2024.
Doz Bagels Inc., doing business as Doz Bagels, is a restaurant
owner and operator located at 2413 Jericho Turnpike, New Hyde Park,
New York.
Doz Bagels on 7th, Inc., doing business as Doz Bagels, is a
restaurant owner and operator located at 180 7th Street, Garden
City, New York.
ABC 1 Corp., doing business as Doz Bagels, is a restaurant owner
and operator located in New York, New York.
ABC 2 Corp., doing business as Doz Bagels, is a restaurant owner
and operator located at 197 Atlantic Avenue, Freeport, New York.
[BN]
The Plaintiff is represented by:
Matthew J. Farnworth, Esq.
Peter A. Romero, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
Email: mfarnworth@romerolawny.com
EQUITY BANCSHARES: Continues to Defend Securities Suit in Missouri
------------------------------------------------------------------
Equity Banchares Inc. disclosed in its Form 10-Q Report for the
quarterly period ending June 30, 2024 filed with the Securities and
Exchange Commission on August 9, 2024, that the Company continues
to defend itself from the customers overdraft fees class suit in
Jackson County, Missouri District Court.
Equity Bank is party to a lawsuit filed on February 2, 2022, in
Jackson County, Missouri District Court against the Bank on behalf
of one of its Missouri customers alleging improperly collected
overdraft fees.
The plaintiff seeks to have the case certified as a class action of
Missouri customers only.
The Company believes that the lawsuit is without merit, and it
intends to vigorously defend against the claims now asserted.
At this time, the Company is unable to reasonably estimate the loss
amount of this litigation.
Equity Bancshares, Inc. is a bank holding company headquartered in
Wichita, Kansas.
ERNESTA HOME: Faces Morgan Suit Over Website's Access Barriers
--------------------------------------------------------------
PARADISE MORGAN, individually and on behalf of all others similarly
situated, Plaintiff v. ERNESTA HOME, INC., Defendant, Case No.
1:24-cv-06452 (S.D.N.Y., August 27, 2024) is a class action against
the Defendant for violations of Title III of the Americans with
Disabilities Act, the New York State Human Rights Law, the New York
State Civil Rights Law, and the New York City Human Rights Law and
declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.ernestarugs.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alt-text on graphics, inaccessible drop-down
menus, the lack of navigation links, the lack of adequate prompting
and labeling, the denial of keyboard access, empty links that
contain no text, redundant links where adjacent links go to the
same URL address, and the requirement that transactions be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Ernesta Home, Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
Email: ShakedLawGroup@Gmail.com
ESCOBAR CONSTRUCTION: Summary Judgment Bid Filing Due Sept. 18
--------------------------------------------------------------
In the class action lawsuit captioned as MARCO ANTONIO PEREZ PEREZ
et al., v. ESCOBAR CONSTRUCTION, INC. et al., Case No.
1:20-cv-08010-LTS-GWG (S.D.N.Y.), the Hon. Judge Gabriel Gorenstein
entered an discovery scheduling order as follows:
-- Any summary judgment motion shall be filed by Sept. 18, 2024.
Any
opposition papers are due Oct. 9, 2024. Any reply is due Oct.
23,
2024.
-- Thus, any motion for class certification is due Sept. 18, 2024.
Any opposition papers are due Oct. 9, 2024. Any reply is due
Oct.
23, 2024.
-- Both motions shall be made returnable before Judge Swain and
shall
comply with the formal requirements as set forth in her
individual
practices, which are available at:
https://www.nysd.uscourts.gov/hon-laura-taylor-swain. The
parties
should note the certification required by paragraph A.2.b of
those
practices.
The requirements of this document are incorporated herein by
reference and constitute an Order of this Court. Please note the
mechanism set forth in paragraph 1 for obtaining a stay of these
requirements.
Escobar is a general contractor, specializing in commercial
construction.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QaLL3a at no extra
charge.[CC]
EZ FESTIVALS: Brockmoles Seeks Extension of Class Cert Deadlines
----------------------------------------------------------------
In the class action lawsuit captioned as BROCKMOLE et al., v. EZ
FESTIVALS LLC, et al., Case No. 1:23-cv-08106 (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order adjourning the deadline
for Plaintiffs' motion for class certification, which is presently
due on Aug. 29, 2024.
Defendants' opposition is due Sept. 30, 2024, and Plaintiffs' reply
is due on Oct. 18, 2024 – which is after the settlement
conference currently scheduled for Oct. 8, 2024.
The Plaintiffs are requesting this extension based on the
assessment that adjourning class certification briefing until after
the settlement conference would enable the parties to take into
account the result of that conference. If the parties are
successful, Plaintiffs would move to certify a settlement class.
Further, the conference itself may provide insight into issues to
be addressed in the class certification briefing.
Accordingly, the Plaintiffs request the following briefing
schedule:
-- Plaintiffs' opening brief: Nov. 8, 2024
-- Defendants' opposition: Dec. 9, 2024
-- Plaintiffs' reply brief: Dec. 27, 2024
A copy of the Plaintiffs' motion dated Aug. 28, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QvVyFt at no extra
charge.[CC]
The Plaintiffs are represented by:
Shelly L. Friedland, Esq.
PARKER POHL LLP
99 Park Avenue, Suite 1510
New York, NY 10016
Telephone: (212) 202-8886
Facsimile: (646) 924-3100
E-mail: parkerpohl.com
FCA US: Pistorio CLRA Suit Seeks to Certify Three Classes
---------------------------------------------------------
In the class action lawsuit captioned as EDWARD PISTORIO, et al.,
v. FCA US LLC, Case No. 2:20-cv-11838-SFC-RSW (E.D. Mich.), the
Plaintiffs ask the Court to enter an order granting certification
of the classes, under Rule 23(b)(3), with respect to "Class
Vehicles," which are defined as "model year 2018-2019 Chrysler
Pacifica and 2017-2019 Chrysler 300 vehicles with VP4R infotainment
units supplied by Panasonic."
Specifically, the Plaintiffs propose certification of the following
classes pursuant to Rule 23(b)(3):
1. California Class.
"All persons or entities who purchased or leased one or more
of
the Class Vehicles from an authorized FCA dealership in
California.
Plaintiffs seek certification of the California Class,
represented by Plaintiffs Corey Gerritsen, Justin Bagley,
Elizabeth Bagley, and Marcus Swindle, for claims of
Fraudulent
Concealment and Violation of the California Business and
Professions Code section 17200, et seq.
2. California Legal Remedies Act ("CLRA") Class.
"All persons who purchased or leased one or more of the Class
Vehicles from an authorized FCA dealership in California and
who
are "consumers" within the meaning of California Civil Code
section 1761(d).
Plaintiffs seek certification of the CLRA Class, represented
by
Plaintiffs Corey Gerritsen, Justin Bagley, Elizabeth Bagley,
and
Marcus Swindle, for claims of violation of the CLRA (Cal.
Civ.
Code § 1750, et seq.).
3. Florida Class.
"All persons or entities who purchased or leased one or more
of
the Class Vehicles from an authorized FCA dealership in
Florida."
Plaintiffs seek certification of the Florida Class,
represented
by Plaintiff Sandra Kloszewski for claims of Fraudulent
Concealment and Violation of the Florida Deceptive and Unfair
Trade Practices Act (Fla. Stat. § 501.201, et seq.).
In the alternative, the Plaintiffs seek issue certification
pursuant to Fed. R. Civ. P. 23(c)(4) for the (b)(3) Classes defined
above
The Plaintiffs move for appointment of the following Plaintiffs as
Class Representatives for the proposed state Classes: Corey
Gerritsen (California and CLRA Classes), Justin Bagley (California
and CLRA Classes), Elizabeth Bagley (California and CLRA Classes),
Marcus Swindle (California and CLRA Classes), and Sandra Kloszewski
(Florida Class).
The Plaintiffs also move for appointment of The Miller Law Firm,
P.C., Berger Montague, P.C., Capstone Law APC, and Haffner Law,
P.C. as Class Counsel for all Classes, under Fed. R. Civ. P.
23(g).
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Plaintiffs' motion dated Aug. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Z1tS7E at no extra
charge.[CC]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Jr., Esq.
Mitchell J. Kendrick, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: epm@millerlawpc.com
dal@millerlawpc.com
mjk@millerlawpc.com
- and -
Lawrence Deutsch, Esq.
Jeffrey L. Osterwise, Esq.
BERGER MONTAGUE PC
1818 Market Street Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3062
E-mail: ldeutch@bm.net
josterwise@bm.net
- and -
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
Nathan N. Kiyam, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
Nate.Kiyam@capstonelawyers.com
- and -
Joshua H. Haffner, Esq.
Alfredo Torrijos, Esq.
Vahan Mikayelyan, Esq.
HAFFNER LAW PC
15260 Ventura Boulevard, Suite 1520
Sherman Oaks, CA 91403
Telephone: (213) 514-5681
E-mail: jhh@haffnerlawyers.com
at@haffnerlawyers.com
vh@haffnerlawyers.com
FCA US: Sells Pickup Trucks With Defective EPS Units, Ludwig Says
-----------------------------------------------------------------
NANCY LUDWIG and JOSEPH SPILLANE, on behalf of themselves and all
others similarly situated, Plaintiffs v. FCA US LLC, Defendant,
Case No. 3:24-cv-08906 (D.N.J., August 30, 2024) is a class action
against the Defendant for violations of the Magnusson-Moss Warranty
Act and the New Jersey Consumer Fraud Act, fraudulent
concealment/omission, unjust enrichment, and breach of implied
warranty of merchantability.
The case arises from the Defendant's design, manufacturing, and
selling of the 2013-2024 Ram 1500 pickup trucks with defective
electric power steering unit (EPS Unit). According to the
complaint, the EPS Unit suddenly fails without warning while the
vehicle is being operated, leading to a loss of power steering
assistance and creating an unreasonable safety risk for drivers
attempting to maintain control of their vehicles. As a result, the
Defendant's customers, including the Plaintiffs, have been left
with expensive bills to repair and/or replace their vehicles' EPS
Units, says the suit.
FCA US LLC is an automobile manufacturer, with its principal office
located in Auburn Hills, Michigan. [BN]
The Plaintiffs are represented by:
Michele M. Vercoski, Esq.
MCCUNE LAW GROUP
MCCUNE WRIGHT AREVALO VERCOSKI KUSEL WECK BRANDT, APC
18565 Jamboree Rd. Suite 550
Irvine, CA 92612
Telephone: (714) 909-2326
Email: mmv@mccunewright.com
- and -
David C. Wright, Esq.
Mark I. Richards, Esq.
Jordan I. Wispell, Esq.
MCCUNE LAW GROUP
MCCUNE WRIGHT AREVALO VERCOSKI KUSEL WECK BRANDT, APC
3281 East Guasti Rd., Suite 100
Ontario, CA 91761
Telephone: (909) 557-1250
Facsimile: (909) 557-1275
Email: dcw@mccunewright.com
mir@mccunewright.com
jiw@mccunewright.com
FLORIDA COMMUNITY: Removes Fulton Suit to S.D. Fla.
---------------------------------------------------
The Defendant in the case of GARRY FULTON, individually and on
behalf of all others similarly situated, Plaintiff v. FLORIDA
COMMUNITY HEALTH CENTERS, INC., Defendant, filed a notice to remove
the lawsuit from the Superior Court of the State of Florida, County
of Palm Beach (Case No. 50-2024-CV-006936-XXXA-MB) to the U.S.
District Court for the Southern District of Florida on Aug. 26,
2024. The clerk of court for the Southern District of Florida
assigned Case No. 9:24-cv-81033-XXXX. The case is assigned to
Donald M Middlebrooks.
Florida Community Health Centers, Inc. operates as a non-profit
organization. The Organization provides family medicine,
pediatrics, obstetrics, gynecology, and dentistry services. [BN]
The Plaintiff is represented by:
Christopher W. Lee, Esq.
WILSON,ELSER, MOSKOWITZ,
EDELMAN&DICKERLLP
100 SE Second Street, Suite 2100
Miami, FL 33131-2144
Telephone: (305) 374-4400
Facsimile: (305) 579-0261
Email: christopher.lee@wilsonelser.com
FLYING WINGS: Pender Bid for Prejudgment Attachment Tossed
----------------------------------------------------------
In the class action lawsuit captioned as KAYLA PENDER, individually
and on behalf of all others similarly situated, v. FLYING S. WINGS,
INC., et al., d/b/a Buffalo Wild Wings, Case No.
2:21-cv-04292-ALM-KAJ (S.D. Ohio), the Hon. Judge Algenon Marbley
entered an order denying Plaintiff's motion for prejudgment
attachment.
The Court said. "Like in Clevenger, the Plaintiff’s action here
is based on Defendants' alleged deprivation of Plaintiff’s wages
and/or tips. And this Court does not disagree that "it would be
unreasonable and unjust to require workers to post a bond to obtain
wages their employer stole through conversion." But Ohio law
requires a bond "in an amount twice the approximate value of the
property to be attached under the order."
Here, Plaintiff seeks to attach property sufficient to pay a money
judgment of over $3,000,000.00 on behalf of the similarly situated
workers. Assuming for purposes of this point that Defendants’
property is worth that much and that Plaintiff would otherwise be
entitled to prejudgment attachment, Plaintiff would be responsible
for a bond of $6,000,000.00 in order to get her requested relief,
the Court added.
The Plaintiff brought suit on behalf of what is now 70 opt-in
Plaintiffs to seek redress for what she alleges is wage and hour
wrongdoings by the Plaintiffs' former employer, Flying S. Wings,
Inc., Flying Buffalo, Inc., Chase & Green Corp., Scott Lloyd, and
Stephen Green, collectively doing business as Buffalo Wild Wings.
The Plaintiff sought class certification on behalf of two classes:
one for servers and bartenders in Defendants’ Buffalo Wild Wings
Ohio and West Virginia franchises, and one for servers and
bartenders at any of the Defendants' restaurants in Ohio.
Buffalo Wild is an American casual dining restaurant and sports bar
franchise.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=eoy5qr at no extra
charge.[CC]
FORD MOTOR: Filing for Class Cert Bid Due April 25, 2025
--------------------------------------------------------
In the class action lawsuit captioned as MARK WILLIAM DROESSER, et
al., v. FORD MOTOR COMPANY, Case No. 2:19-cv-12365-LJM-APP (E.D.
Mich.), the Hon. Judge Laurie J. Michelson entered an agreed
scheduling order as follows:
Fact discovery cutoff Oct. 18, 2024
Plaintiffs' expert designation and report Oct. 18, 2024
deadline (class and merits)
Defendant's expert designation and report Dec. 13, 2024
deadline (class and merits)
Plaintiffs' rebuttal expert report deadline Jan. 31, 2025
Expert discovery cutoff Feb. 14, 2025
Confer with Special Master Darrow Feb. 28, 2025
regarding streamlining of motions practice
Settlement Conference on Plaintiffs' March 3, 2025
individual claims
Deadline for Rule 702, class certification, April 25, 2025
and summary judgment motions
Motion response deadline July 6, 2025
Reply brief deadline July 3, 2025
Ford Motor is an American multinational automobile manufacturer.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ppycbc at no extra
charge.[CC]
FROG AND THE PEACH: Website Inaccessible to Blind Users, Vega Says
------------------------------------------------------------------
NORBERTO VEGA, on behalf of himself and all others similarly
situated, Plaintiffs, v. THE FROG AND THE PEACH, INC., Defendant,
Case No. 2:24-cv-08881 (D.N.J., August 30, 2024), arises from
Defendant's failure to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people.
The Plaintiff alleges that the Defendant has violated the Americans
with Disabilities Act by failing to remove the access barriers of
its website and thereby denying Plaintiff his full and equal access
to Defendant's online content and services. Due to Defendant's
failure to build its website in a manner that is compatible with
screen access programs, the Plaintiff was unable to understand and
properly interact with the website and was thus denied the benefit
of obtaining location and menu information in order to visit the
restaurant.
The Frog and the Peach, Inc. is an American restaurant that owns
and operates the website, www.frogandpeach.com. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
GARRETT ZIEGLER: Order Setting Scheduling Conference Entered
------------------------------------------------------------
In the class action lawsuit captioned as Robert Hunter Biden, v.
Garrett Ziegler et al., Case No. 2:23-cv-07593-HDV-KS (C.D. Cal.),
the Hon. Judge Hernan Vera entered an order setting scheduling
conference as follows:
-- Service of Pleadings
If plaintiff has not already served the operative complaint on
all defendants, plaintiff shall do so promptly and shall file
proofs of service of the summons and complaint within three
days
thereafter.
-- Continuance
A request to continue the scheduling conference will be granted
only for good cause. The parties should plan to file the Joint
Rule 26(f) Report on the original due date even if a
continuance
is granted. The Court will not continue the scheduling
conference
to allow the parties to explore settlement.
-- Class Certification Motion
For a putative class action, the Court will set a deadline for
hearing the class certification motion.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=AXab18 at no extra
charge.[CC]
GARRISON INVESTMENT: Messer Sues Over Plant Closure Without Notice
------------------------------------------------------------------
TONY A. MESSER, KEVIN N. MUMPOWER, JANICE L. BOOHER, PATRICIA C.
EADS, PHILIP E. BARBROW, BENJIE G. HICKS, KENDALL W. LUTTRELL,
DARRELL G. MURRAY, DAVID A. STOVALL, DENNIS J. STILTNER, TIMOTHY M.
WAMPLER, MICHAEL L. PARKER, CHARLES E. VESTAL, JIMMY AMBERGEY, DAVE
S. BOOHER, JOANNE T. BOOHER, LARRY RICHARDS, on behalf of
themselves and all others similarly situated, Plaintiffs v.
GARRISON INVESTMENT GROUP LP, JOSEPH B. TANSEY, STEVEN SCOTT
STUART, GIG GP LLC, JTSS BORROWER LLC, JOSHUA BRANDT, JULIAN
WELDON, BRIAN STEVEN CHASE, GARRISON SPECIAL OPPORTUNITIES GP LLC,
GARRISON COMMERCIAL FUNDING VIII LLC, GARRISON FINANCIAL ASSETS MM
LLC, GARRISON SPECIAL OPPORTUNITIES HOLDINGS GP LLC, BCPI
ACQUISITIONS, INC., GARRISON BRISTOL LLC, GARRISON BRISTOL HOLDINGS
LLC, Defendants, Case No. 1:24-cv-00037-JPJ-PMS (W.D. Va., August
29, 2024) is a class action against the Defendants for violations
of the Worker Adjustment and Retraining Notification (WARN) Act and
the Employee Retirement Income Security Act (ERISA).
According to the complaint, the Defendants unjustly and illegally
deprived the Plaintiffs of required notices of Bristol Compressors
International, LLC (BCI) plant closure, attendant backpay,
stay-pay, and their vested employee benefit Severance Pay Plan
(SSP) under ERISA.
The Plaintiffs are former employees of BCI and worked at the
Bristol Compressors manufacturing facility in Bristol, Virginia.
Garrison Investment Group LP is an investment firm located in New
York, New York.
GIG GP LLC is a Delaware company and general partner of Garrison.
JTSS Borrower LLC is a Delaware company and the grandparent of
Garrison.
Garrison Special Opportunities GP LLC is a Delaware company and
general partner of Garrison.
Garrison Commercial Funding VIII LLC is a Delaware company and
owned by Garrison.
Garrison Financial Assets MM LLC is a Delaware company and a
managing member of Garrison.
Garrison Special Opportunities Holdings GP LLC is a Delaware
company and a managing member of Garrison.
BCPI Acquisitions, Inc. is a Delaware corporation created by
Garrison.
Garrison Bristol LLC is a Delaware company created by Garrison.
Garrison Bristol Holdings LLC is a Delaware company created by
Garrison. [BN]
The Plaintiffs are represented by:
Mary Lynn Tate, Esq.
TATE LAW PC
P.O. Box 807
211 East Main St.
Abingdon, VA 24212
Telephone: (276) 628-5185
Email: mltate@tatelaw.com
GLOBAL E-TRADING: Seeks to Stay Issuance Notice to Class Members
----------------------------------------------------------------
In the class action lawsuit captioned as JANET SIHLER and CHARLENE
BAVENCOFF, Individually and On Behalf of All Others Similarly
Situated, v. GLOBAL E-TRADING, LLC DBA CHARGEBACKS911, GARY
CARDONE, MONICA EATON, Case No. 8:23-cv-01450-VMC-UAM (M.D. Fla.),
the Defendants ask the Court to enter an order staying the issuance
of notice to putative class members pending resolution by the
Eleventh Circuit Court of Appeals of Defendants' petition for
permission to appeal under Federal Rule of Civil Procedure 23(f)
and, if the petition is granted, the pendency of that appeal.
The Defendants have established that the four factors weigh in
their favor.
The Plaintiffs initiated this action against the Defendants on
behalf of themselves and a putative class on June 28, 2023.
The Third Amended Complaint, which is the operative complaint,
brings two claims under the Racketeer Influenced and Corrupt
Organizations Act ("RICO") against the Defendants: (1) a claim
under 18 U.S.C. section 1962(c); and (2) a claim under 18 U.S.C.
section 1962(d).
On May 21, 2024, the Plaintiffs filed their Sealed Motion for Class
Certification
In the Motion for Class Certification, Plaintiffs asked the Court
to certify this class under Rule 23(b)(3) of the Federal Rules of
Civil Procedure:
"All consumers in the United States who, within the applicable
statute of limitations period until the date notice is
disseminated, were billed for shipments of either three bottles
or
five bottles of Ultrafast Keto Boost, Insta Keto, or Instant
Keto."
On Aug. 13, 2024, the Court entered an order granting the motion
for class certification.
Chargebacks911 delivers dispute management solutions aimed at
decreasing payment disputes and recovering revenue.
A copy of the Defendants' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=JWVCOC at no extra
charge.[CC]
The Defendants are represented by:
William J. Schifino Jr., Esq.
Lauren V. Purdy, Esq.
Justin P. Bennett, Esq.
Gregory L. Pierson Esq.
GUNSTER, YOAKLEY & STEWART, P.A.
401 E. Jackson St., Suite 1500
Tampa, FL 33602
Telephone: (813) 228-9080
E-mail: wschifino@gunster.com
lpurdy@gunster.com
jbennett@gunster.com
gpierson@gunster.com
- and -
Corey Roush, Esq.
SIDLEY AUSTIN LLP
1501 K St., NW
Washington, DC 20005
Telephone: (202) 736-8624
E-mail: corey.roush@sidley.com
GOVERNMENT EMPLOYEES: Parties Seek to Modify Initial Sched Order
----------------------------------------------------------------
In the class action lawsuit captioned as STEVE CHING INSURANCE,
INC., et al., v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, et al.,
Case No. 8:23-cv-03033-PJM (D. Md.), the Parties ask the Court to
enter an order granting request to modify initial scheduling
order.
The Parties jointly request that all deadlines through March 3,
2025, be set as follows:
Date Deadline
Sept. 13, 2024 Deadline for conference about discovery of
electronically stored information. (If
either
or both parties intend to take such
discovery,
before the conference counsel should review
the
Principles for the Discovery of
Electronically
Stored Information in Civil Cases prepared
by a
Joint bench/bar committee published on the
Court's website.)
Sept. 27, 2024 Moving for joinder of additional parties and
amendment of pleading
Dec. 26, 2024 Status report due
March 3, 2025 Joint request for early settlement/ADR
conference (This request will not postpone
discovery unless otherwise ordered.)
The Parties are unable to agree on subsequent deadlines and,
therefore, propose competing schedules of deadlines to follow the
jointly proposed deadlines above.
1. Plaintiffs' Proposal Plaintiffs propose the following
deadlines:
Sept. 13, 2024 Rule 26(a)(1) disclosures due
May 13, 2025 Substantial Completion of Document
Production
Aug. 13, 2025 Non-Expert Discovery Cut-Off
2. Defendants' Proposal
Defendants instead propose the following deadlines:
Oct. 4, 2024 Rule 26(a)(1) disclosures due
June 27, 2025 Class cert fact discovery closes (including
discovery on Plaintiffs’ individual
claims)
June 27, 2025 Plaintiffs' class cert Rule 26(a)(2)
disclosures
Government Employees Insurance Company is an American auto
insurance company.
A copy of the Parties' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qULUos at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
Diandra S. Debrosse Zimmerman, Esq.
Eli Hare, Esq.
Kenneth P. Abbarno, Esq.
Justin J. Hawal, Esq.
Eviealle J. Dawkins, Esq.
DICELLO LEVITT LLP
10 North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
fu@dicellolevitt.com
ehare@dicellolevitt.com
kabbarno@dicellolevitt.com
jhawal@dicellolevitt.com
edawkins@dicellolevitt.com
- and -
Benjamin Crump, Esq.
Brendan H. Chandonnet, Esq.
BEN CRUMP LAW, PLLC
122 South Calhoun Street
Tallahassee, FL 32301
Telephone: (800) 691-7111
E-mail: ben@bencrump.com
brendan@bencrump.com
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
Justin R. Donoho, Esq.
Tiffany Alberty, Esq.
Zev Grumet-Morris, Esq.
Kiana Givpoor, Esq.
DUANE MORRIS LLP
190 S. LaSalle St., Suite 3700
Chicago, IL 60603
Telephone: (312) 499-6700
Facsimile: (312) 499-6701
E-mail: gmaatman@duanemorris.com
jariley@duanemorris.com
jrdonoho@duanemorris.com
tealberty@duanemorris.com
zgrumetmorris@duanemorris.com
kgivpoor@duanemorris.com
GRAND CANYON: Class Action Settlement Approved in Securities Suit
-----------------------------------------------------------------
In the class action lawsuit re Grand Canyon Education, Inc.
Securities Litigation, Case No. 1:20-cv-00639-JLH-CJB (D. Del.),
the Hon. Judge Christopher Burke entered judgment approving class
action settlement.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=iRMZVu at no extra
charge.[CC]
GROUP SOLAR: Case Management Conference Reset to Jan. 30, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as Lojewski et al., v. Group
Solar USA, LLC et al., Case No. 1:22-cv-10816-PAE (S.D.N.Y.), the
Hon. Judge Paul Engelmayer entered an order rescheduling the case
management conference to Jan. 30, 2025.
The Parties jointly request and extension of certain deadlines in
the current civil case management plan and scheduling order. The
applicable deadlines, current due dates, and requested new due
dates are as follows:
Event Current
Requested
Due Date Due
Date
Completion of all fact discovery Sept. 23, 2024 Dec. 20,
2024
Non-expert depositions Sept. 23, 2024 Dec. 20,
2024
Completion of all expert discovery Nov. 18, 2024 Feb. 14,
2025
Group Solar provides residential solar panel installation
packages.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UM7ivW at no extra
charge.[CC]
HATCH BABY: Durst Sues Over Defective Sound Machine Device
----------------------------------------------------------
THOMAS DURST, individually and on behalf of all others similarly
situated, Plaintiff v. HATCH BABY, INC., Defendant, Case No.
3:24-cv-05998 (N.D. Cal., Aug. 26, 2024) is a class action lawsuit
on behalf of themselves, and all others similarly situated who
purchased Hatch Baby 1st Generation Sound Machine devices (the
"Product") which were unfit for their intended use because the
product's power adapter can come off when removing them from the
power outlet, leaving the power prongs exposed and posing a shock
hazard to consumers.
According to the Plaintiff in the complaint, the Products are safe
and effective for their intended use as a low background sound
machine to prevent distractions, encourage focus and help babies
sleep at night. At the time of their purchases, the Defendant did
not notify the Plaintiff, and similarly situated consumers, of the
Product's risk of shock hazard through the product labels,
instructions, ingredients list, other packaging, advertising, or in
any other manner, in violation of the state and federal law. The
Plaintiff and each of the members of the Classes would not have
purchased the Products had they known the true nature of the risk
of the Product shocking those who used the Products, says the
suit.
Hatch Baby, Inc. produces and distributes artificial intelligence
(AI) based activity monitoring devices. The Company offers
solutions for baby sleep monitoring, rhythms, healthy routine
guidance, and other related services. [BN]
The Plaintiff is represented by:
Eric M. Poulin, Esq.
Paul J. Doolittle, Esq.
POULIN|WILLEY|ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Tel: (803) 222-2222
Email: eric.poulin@poulinwilley.com
paul.doolittle@poulinwilley.com
- and -
John C. Bohren, Esq.
YANNI LAW APC
145 South Spring Street, Suite 850
Los Angeles, CA 90012
Telephone: (619) 433-2803
Email: yanni@bohrenlaw.com
HEIGHTS HEALTHCARE: Continuance of Class Cert Deadline Sought
--------------------------------------------------------------
In the class action lawsuit captioned as HEATHER EZELL and, MICHELE
STOLL, STOLL, and THOMAS SHORES on § behalf of themselves and all
those similarly situated, v. HEIGHTS HEALTHCARE OF TEXAS, LLC d/b/a
WHITE ROCK MEDICAL CENTER; NCP MANAGEMENT, LLC; MIRZA BAIG; TERRY
FOKAS; NATIONAL PAYROLL SERVICES, LLC; BLUE CROSS BLUE SHIELD OF
TEXAS; NATIONAL PAYROLL SERVICES, LLC MEDICAL PLAN; NPS MANAGEMENT
AE OF SECURE YOUR RETIREMENT 401K PLAN; WHITE ROCK MEDICAL CENTER,
LLC; and RASHID SYED, Case No. 3:24-cv-01373-S (N.D. Tex.), the
Plaintiffs ask the Court to enter an order granting their unopposed
motion for continuance of the deadline to file a motion for class
certification.
Under Local Rule 23.2, Plaintiffs' deadline to file their Motion
for Class Certification is currently Sept. 3, 2024.
The Parties would like time to explore the potential for resolving
this case, and agree that the best time, and procedural posture, to
do so would be before the Motion for Class Certification is filed.
The Plaintiffs request that the deadline to file their Motion for
Class Certification be extended by 60 days -- from Sept. 3, 2024,
to Nov. 4, 2024
This continuance is not sought for purposes of delay, but so that
justice may be done.
A copy of the Plaintiffs' motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=F7tu6W at no extra
charge.[CC]
The Plaintiffs are represented by:
Ashley Tremain, Esq.
TREMAIN ARTAZA, PLLC
4925 Greenville Ave., Ste. 200
Dallas, TX 75206
Telephone: (469) 573-0229
Facsimile: (214) 254-4941
HELIX HOUSE: General Pretrial Management Entered in Surfside Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as SURFSIDE SOLUTIONS INC.,
v. HELIX HOUSE LLC, Case No. 1:24-cv-06305-DEH-BCM (S.D.N.Y.), the
Hon. Judge Barbara Moses entered an order regarding general
pretrial management:
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 § 2(b) of Judge Moses's Individual Practices.
For motions other than discovery motions, pre-motion conferences
are not required, but may be requested where counsel believe that
an informal conference with the Court may obviate the need for a
motion or narrow the issues.
Requests to adjourn a court conference or other court proceeding
(including a telephonic court conference) or to extend a deadline
must be made in writing and in compliance with § 2(a) of Judge
Moses's Individual Practices. Telephone requests for adjournments
or extensions will not be entertained.
In accordance with § 1(d) of Judge Moses's Individual Practices,
letters and lettermotions are limited to four pages, exclusive of
attachments. Courtesy copies of letters and letter motions filed
via ECF are required only if the filing contains voluminous
attachments. Courtesy copies should be delivered promptly, should
bear the ECF header generated at the time of electronic filing, and
should include tabs for the attachments.
Counsel for the plaintiff must serve a copy of this Order on any
defendant previously served with the summons and complaint, must
serve this Order along with the summons and complaint on all
defendants served hereafter, and must file proof of such service
with the Court
Helix House is an advertising agency specializing in customized,
ROI-driven, growth-focused advertising solutions for businesses
across the globe.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=kHhaOz at no extra
charge.[CC]
HERITAGE MANOR: Bowie Bid to Compel Discovery Partly OK'd
---------------------------------------------------------
In the class action lawsuit captioned as LA TISHA BOWIE, V.
HERITAGE MANOR WEST, LLC, ET AL., Case No. 5:23-cv-01750-SMH-MLH
(W.D. La.), the Hon. Judge Mark Hornsby entered an order granting
in part and denying in part the Plaintiff's motion to compel
discovery and the Plaintiff's motion to compel Rule 30(b)(6)
deposition as follows.:
-- Interrogatory No. 1:
Denied as beyond the scope of the permitted discovery.
Furthermore, Defendant sufficiently answered the interrogatory
for
certification purposes.
-- Interrogatory Nos. 2 & 3:
Plaintiff has not persuaded the court that specific names,
addresses, and account information are relevant at the
recertification stage of this case. Defendant has satisfied its
obligations under these interrogatories by producing its Daily
Census reports, which reflect the total number of residents
present at the facility. Accordingly, this aspect of the motion
to compel is denied.
Furthermore, the court is concerned that Defendant providing
the
names, addresses, and other information sought in these
interrogatories to Plaintiff or a third-party vendor at this
early
juncture might violate Health Insurance Portability and
Accountability Act (HIPAA).
-- Motions for Attorney's Fees
The requests for attorney’s fees in connection with both
motions
are denied.
The Plaintiff, as the survivor of her late mother, filed this
putative class action against Heritage Manor West and Pathway
Management. The Plaintiff asserts claims based on Louisiana law
related to alleged understaffing and other shortcomings in the
operation of a skilled nursing facility. Defendants report that
this is one of at least 13 related class cases filed by the same
counsel who represents Plaintiff.
Heritage Manor is a health care community offering individuals a
place to recover, rehabilitate and/or reside.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=iR0gO1 at no extra
charge.[CC]
HOME PARTNERS: Extension of Briefing Schedule Deadlines Sought
--------------------------------------------------------------
In the class action lawsuit captioned as FRANK RICHMOND, MICHAEL
MCDERMOTT and KELLEY MCDERMOTT, each individually and on behalf of
all others similarly situated, v. HOME PARTNERS HOLDINGS LLC, HP
WASHINGTON I LLC, HPA BORROWER 2017-1 LLC, and OPVHHJV LLC, d/b/a
PATHLIGHT PROPERTY MANAGEMENT, Case No. 3:22-cv-05704-DGE (W.D.
Wash.), the Parties ask the Court to enter an order extending
briefing schedule deadlines for amended motion for class
certification:
Event Current Proposed
Deadline Deadline
Plaintiffs to file their Amended Sept. 10, 2024 Sept. 17,
2024
Motion for Class Certification
Defendants to file any opposition Sept. 30, 2024 Oct. 16,
2024
to Plaintiffs' Amended Motion
for Class Certification
Plaintiffs to file any reply in Oct. 4, 2024 Oct. 23,
2024
support of their Amended Motion
for Class Certification
Noting Date for Plaintiffs' Oct. 8, 2024 Oct. 25,
2024
Amended Motion for Class
Certification
The parties and their counsel have conferred and desire a short
extension of deadlines on Amended Motion for Class Certification
briefing.
On Aug. 13, 2024, the Court entered its Order on Plaintiffs' Motion
for Class Certification, setting a deadline for Plaintiffs to file
an amended motion for class certification on or by Sept. 10, 2024.
Home Partners is a national real estate investment and property
management conglomerate.
A copy of the Parties' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mWREHN at no extra
charge.[CC]
The Plaintiffs are represented by:
Anne T. Regan, Esq.
Lindsey L. Larson, Esq.
HELLMUTH & JOHNSON, PLLC
8050 West 78th Street
Edina, MN 55439
Telephone: (952) 941-4005
E-mail: aregan@hjlawfirm.com
llabellelarson@hjlawfirm.com
- and -
Andrew A. Lemmon, Esq.
Scott C. Harris, Esq.
Michael Dunn, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
1420 Fifth Avenue, Suite 2200
Seattle, WA 98101
E-mail: alemmon@milberg.com
sharris@milberg.com
Michael.dunn@milberg.com
- and -
Joseph C. Bourne, Esq.
Eura Chang, Esq.
LOCKRIDGE GRINDAL NAUEN,
PLLP
100 South Washington Ave, Suite 2200
Minneapolis, MN 55401
E-mail: jcbourne@locklaw.com
echang@locklaw.com
The Defendants are represented by:
Fred B. Burnside, Esq.
Blake Robinson, Esq.
DAVIS WRIGHT TREMAINE LLP
920 5th Avenue, Suite 3300
Seattle, WA 98104
E-mail: fredburnside@dwt.com
blakerobinson@dwt.com
- and -
Michael F. Cockson, Esq.
Nate Brennaman, Esq.
Diego E. Garcia, Esq.
FAEGRE DRINKER BIDDLE & REATH
LLP
2200 Wells Fargo Center
90 S. 7th Street
Minneapolis, MN 55402
E-mail: michael.cockson@faegredrinker.com
nate.brennaman@faegredrinker.com
carolyn.gunkel@faegredrinker.com
diego.garcia@faegredrinker.com
- and -
Robyn Bladow, Esq.
Andrew Bloomer, Esq.
KIRKLAND & ELLIS LLP
555 South Flower Street, Ste. 3700
Los Angeles, CA 90071
Telephone: (213) 680-8400
Facsimile: (213) 680-8500
E-mail: robyn.bladow@kirkland.com
andrew.bloomer@kirkland.com
HYATT CORPORATION: Class Settlement in Granados Gets Final Nod
--------------------------------------------------------------
In the class action lawsuit captioned as CARLOS CALDERON GRANADOS,
individually and on behalf of himself and all others similarly
situated, v. HYATT CORPORATION, a Delaware Corporation, doing
business as ALILA MAREA BEACH RESORT ENCINITAS, and DOES 1-50,
inclusive, Case No. 3:23-cv-01001-H-VET (S.D. Cal.), the Hon. Judge
Marilyn Huff entered an order granting Plaintiff's motion for final
approval of class action settlement, and Plaintiff's motion for
attorneys' fees, costs, and a class representative incentive
award.
The Court has jurisdiction over the subject matter of this action
and all parties to the action, including the settlement class
members. First, the Court certifies the settlement class and grants
final approval of the settlement, including the PAGA payment.
All persons who satisfy the class definitions and did not opt out
of the settlement classes by the deadline are class members bound
by this Order.
The form and method of notice satisfied the requirements of the
Federal Rules of Civil Procedure and the United States
Constitution. Second, the Court grants class counsel $108,333.33 in
attorneys' fees and $15,057.24 in documented out-of-pocket
litigation expenses.
The Court also grants $10,000.00 in costs to the settlement
administrator. Further, the Court grants the Plaintiff an incentive
award of $10,000.00. The attorneys' fees, costs, and incentive
award will be paid out of the settlement fund.
The Plaintiff alleges that Defendant's uniform policies and
practices as to timekeeping, meal periods, rest periods, wage
payments, minimum wages, overtime, wage statements, and pay at
termination applicable to all non-exempt employees violate
California law.
The Plaintiff is a former employee of Defendant Hyatt, who worked
at the Alila Marea Beach Resort Encinitas as a massage therapist
from March 2021 until August 2021.
Hyatt is a multinational company that manages and franchises luxury
and business hotels, resorts, and vacation properties.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dktOxr at no extra
charge.[CC]
ICEMULE COMPANY: Web Site Not Accessible to Blind, Young Says
-------------------------------------------------------------
LESHAWN YOUNG, individually and on behalf of all other similarly
situated, Plaintiff v. ICEMULE COMPANY, INC., Defendant, Case No.
1:24-cv-06506 (S.D.N.Y., Aug. 28, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://icemulecoolers.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Icemule Company, Inc. is a producer and seller of portable coolers.
[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NYk 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
IMTOKEN PTE: Unlawfully Stores Consumers' Biometrics, Mouser Says
-----------------------------------------------------------------
CHRISTINE MOUSER, on behalf of herself and all others similarly
situated, Plaintiff v. IMTOKEN PTE. LTD., Defendant, Case No.
1:24-cv-07829 (N.D. Ill., August 28, 2024) is a class action
against the Defendant for violations of the Illinois Biometric
Information Privacy Act.
The case arises from the Defendant's alleged unlawful collections,
obtainments, use, storage, and disclosure of the sensitive and
proprietary biometric identifiers and/or biometric information of
the Plaintiff and similarly situated individuals. As part of
signing up, and/or gaining access to imToken accounts, the
Defendant collected and retained the biometric information of the
Plaintiff and Class members. However, the Defendant failed to
permanently destroy the collected facial geometry following the
opening of imToken accounts. As such the retention of consumers'
biometric information was unlawful and in violation of BIPA, says
the suit.
imToken Pte. Ltd. is a crypto currency exchange company doing
business in Illinois. [BN]
The Plaintiff is represented by:
Michael L. Fradin, Esq.
8401 Crawford Ave., Ste. 104
Skokie, IL 60076
Telephone: (847) 986-5889
Facsimile: (847) 673-1228
Email: mike@fradinlaw.com
- and -
James L. Simon, Esq.
SIMON LAW CO.
11 1/2 N. Franklin Street
Chagrin Falls, OH 44022
Telephone: (216) 816-8696
Email: james@simonsayspay.com
INNOVATIVE HEIGHTS: Class Settlement in Stauffer Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit captioned as MADISYN STAUFFER, on
behalf of herself and all others similarly situated, v. INNOVATIVE
HEIGHTS FAIRVIEW HEIGHTS, LLC, et al. Case No. 3:20-cv-00046-MAB
(S.D. Ill.), the Hon. Judge Mark Beatty entered a final approval
order of class action settlement with Sky Zone Franchise Group,
LLC.
In this Court's Preliminary Approval Order, the Court preliminarily
approved the Settlement Agreement, and for settlement purposes,
certified the following Class after finding that it met the
requirements of Fed. R. Civ. P. 23(a) and 23(b)(3), as follows:
A. The 511 persons specifically identified in the Sky Zone
NoClaim
Class List who have been identified by name and contact
information during discovery of Sky Zone franchisees and
whose
franchisee-employers identified as having scanned one or
more
fingers into a computer system at a Sky Zone franchisee
location in Illinois at any time from April 29, 2014,
through
the Preliminary Approval Date, April 23, 2024; and
B. All persons who are on the Claims-Made Class List and who,
at
any time from April 29, 2014, through the Preliminary
Approval
Date, April 23, 2024, scanned one or more fingers into a
computer system at any of the following Sky Zone franchisee
locations in Illinois:
Sky Zone in Aurora, IL
Sky Zone in Joliet, IL
Sky Zone in Elmhurst, IL
Excluded from the Settlement Class are the Court and staff to whom
this case is assigned, any immediate family members of the Court or
its staff, and any person who timely and properly opts out of the
Settlement Agreement pursuant to the procedures set forth therein.
The Court now confirms final certification of the following
Settlement Class for purposes of entering this Final Approval
Order, appointment of Plaintiff Madisyn Stauffer as Class
Representative for the Settlement Class, and the appointment of
Class Counsel as described in the Preliminary Approval Order.
Pursuant to an Order dated April 23, 2024, the Court scheduled a
hearing to consider the approval of the Settlement Agreement and
the Settlement reflected in it.
Sky Zone denies any wrongdoing, fault, violation of law, or
liability for damages of any sort, and asserts affirmative defenses
to the claims alleged against it. Sky Zone has agreed to the
certification of the Settlement Class for settlement purposes
only.
Innovative Heights is a recreational facility/trampoline park in
Fairview Heights, Illinois.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=rRw0jJ at no extra
charge.[CC]
INSOMNIA COOKIES: Gibson Can File Second Amended Complaint
----------------------------------------------------------
In the class action lawsuit captioned as MICHAEL WILLIAMS, on his
own behalf and on behalf of others similarly situated, et al., v.
INSOMNIA COOKIES, LLC, et al., Case No. 4:23-cv-00669-HEA (E.D.
Mo.), the Hon. Judge Henry Edward Autrey entered an order granting
the Plaintiff Jonn Gibson's motion for leave to file a second
amended complaint.
The Court, however, will not direct the Clerk of Court to docket
the proposed Second Amended Complaint that was attached to
Plaintiff Gibson's motion because it contains new class action
allegations, which are untimely. Plaintiff Gibson shall promptly
file a Second Amended Complaint that complies with the terms of
this Opinion, Memorandum, and Order.
The parties' Joint Motion for Judicial Intervention to resolve two
disputes regarding the stipulated conditional certification and
notice process is granted. consistent with the terms of this
Opinion, Memorandum, and Order, the Court rules as follows:
(1) within fourteen (14) days of today's date, Defendants shall
provide to Plaintiff Gibson the first and last names and
dates
of employment of all current and former non-exempt
employees
who worked in the Store Manager job title for Insomnia
Cookies, LLC at its Missouri stores at any time between
April
23, 2020 and the present day and who were not subject to an
agreement to individually arbitrate disputes with Insomnia
Cookies, LLC;
(2) that notice of the pending collection action need not be
physically posted at Insomnia Cookie locations.
The Plaintiff Jonn Gibson's Motion for Conditional Collection
Action Certification and Defendants Insomnia Cookies, LLC and Serve
U Brands, Inc.'s Third Unopposed Motion for Extension of Time to
File Opposition to Plaintiff’s motion for Conditional
Certification are denied as moot.
The parties shall comply with the Local Rules of the Eastern
District of Missouri. In the future, the Court shall strike from
the record for attorney filing error all court filings that are
single-spaced. E.D. Mo. L.R. 2.01.
The Plaintiffs were employed as Store Managers in Insomnia Cookies
stores in the St. Louis area. They first brought suit against the
Defendants, asserting wage and hour claims under the Fair Labor
Standards Act ("FLSA"), and Missouri state law.
On Aug. 18, 2023, the Plaintiffs filed an Amended Complaint to
bring the following claims against Defendants: Failure to Pay
Overtime in violation of the FLSA; Failure to Pay Wages in
violation of the Missouri Unpaid Wage Law; and Failure to Pay
Overtime in violation of the Missouri Minimum Wage Law.
Insomnia Cookies is a chain of bakeries primarily in the United
States that specializes in delivering warm cookies, baked goods,
and ice cream.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5RYXQT at no extra
charge.[CC]
INTUITIVE SURGICAL: Oct. 8 Plaintiffs' Class Cert Reply Sought
--------------------------------------------------------------
In the class action lawsuit captioned as LARKIN COMMUNITY HOSPITAL
v. Intuitive Surgical Inc. (DA VINCI SURGICAL ROBOT ANTITRUST
LITIGATION), Case No. 3:21-cv-03825-AMO (N.D. Cal.), the Parties
ask the Court to enter the proposed briefing schedule on
Plaintiffs' motion for class certification:
Event Proposed Date
Plaintiffs' Reply Oct. 8, 2024
Hearing on the motion Nov. 14, 2024
On June 6, 2024, the Plaintiffs filed their Motion for Class
Certification and a report from one expert.
On Aug. 2, 2024, Intuitive filed its Opposition to the Motion.
Intuitive develops, manufactures, and markets robotic products
designed to improve clinical outcomes of patients through minimally
invasive surgery.
A copy of the Parties' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MIxurY at no extra
charge.[CC]
The Plaintiff is represented by:
Jeffrey J. Corrigan, Esq.
Jeffrey L. Spector, Esq.
Icee N. Etheridge, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (215) 496-6611
E-mail: jcorrigan@srkattorneys.com
jspector@srkattorneys.com
ietheridge@srkattorneys.com
- and -
Manuel J. Dominguez, Esq.
Benjamin D. Brown, Esq.
Daniel McCuaig, Esq.
Christopher J. Bateman, Esq.
COHEN MILSTEIN SELLERS &
TOLL PLLC
11780 U.S. Highway One, Suite N500
Palm Beach Gardens, FL 33408
Telephone: (561) 515-2604
Facsimile: (561) 515-1401
E-mail: jdominguez@cohenmilstein.com
bbrown@cohenmilstein.com
dmccuaig@cohenmilstein.com
cbateman@cohenmilstein.com
- and -
Gary I. Smith, Jr., Esq.
Samuel Maida, Esq.
Reena A. Gambhir, Esq.
HAUSFELD LLP
600 Montgomery Street, Suite
3200 San Francisco, CA 94111
Telephone: (415) 633-1908
Facsimile: (415) 358-4980
E-mail: gsmith@hausfeld.com
smaida@hausfeld.com
rgambhir@hausfeld.com
- and -
Michael J. Boni, Esq.
Joshua D. Snyder, Esq.
John E. Sindoni, Esq.
BONI, ZACK & SNYDER LLC
15 St. Asaphs Road
Bala Cynwyd, PA 19004
Telephone: (610) 822-0200
Facsimile: (610) 822-0206
E-mail: mboni@bonizack.com
jsnyder@bonizack.com
jsindoni@bonizack.com
The Defendant is represented by:
Allen Ruby, Esq.
ALLEN RUBY, ATTORNEY AT LAW
15559 Union Ave. 138
Los Gatos, CA 95032
Telephone: (408) 477-9690
E-mail: allen@allenruby.com
- and -
Joshua Hill, Esq.
Kenneth A. Gallo, Esq.
Paul D. Brachman, Esq.
William B. Michael, Esq.
Crystal L. Parker, Esq.
Daniel A. Crane, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 204-7420
E-mail: kgallo@paulweiss.com
pbrachman@paulweiss.com
wmichael@paulweiss.com
cparker@paulweiss.com
dcrane@paulweiss.com
jhill@paulweiss.com
- and -
Kathryn E. Cahoy, Esq.
Sonya E. Winner, Esq.
Andrew Lazerow, Esq.
Ashley E. Bass, Esq.
COVINGTON & BURLING LLP
3000 El Camino Real
5 Palo Alto Square, 10th Floor
Palo Alto, CA 94306-2112
Telephone: (650) 632-4700
Facsimile: (650) 632-4800
E-mail: kcahoy@cov.com
swinner@cov.com
alazerow@cov.com
abass@cov.com
IQVIA INC: Transcript of Hearing on Class Cert Bid Redacted
------------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C. v. IQVIA, INC., Case No. 2:20-cv-02370-NIQA (E.D. Pa.),
the Hon. Judge Nitza Quinones Alejandro entered an order that the
transcript of the hearing on Plaintiff's motion for class
certification shall be redacted as follows:
(1) Redact page 43, lines 24-25 to read "Okay. So here we have
several faxes sent to FN 4872. Do you see that?"
(2) Redact page 46, line 1 to read "FN 7490."
IQVIA is an American Fortune 500 and S&P 500 multinational company
serving the combined industries of health information technology
and clinical research.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Kb6XLZ at no extra
charge.[CC]
JB EXCHANGE: Visually Impaired Can't Access Website, Herrera Claims
-------------------------------------------------------------------
EDERY HERRERA, on behalf of himself and all others similarly
situated, Plaintiff v. JB EXCHANGE INC., Defendant, Case No.
1:24-cv-06578 (S.D.N.Y., August 30, 2024) is a class action against
the Defendant for violations of Title III of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://justifiedlaboratories.com/, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of its
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include, but
not limited to: lack of alternative text (alt-text) or a text
equivalent, empty links that contain no text, redundant links, and
linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
JB Exchange Inc. is a company that sells online goods and services,
doing business in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
JERICO PICTURES: Lindley Sues Over Failure to Secure Clients' Info
------------------------------------------------------------------
VIVIAN LINDLEY, individually and on behalf of all others similarly
situated, Plaintiff v. JERICO PICTURES, INC., D/B/A NATIONAL PUBLIC
DATA, Defendant, Case No. 0:24-cv-61622 (S.D. Fla., August 30,
2024) is a class action against the Defendant for negligence,
negligence per se, breach of implied contract, breach of
third-party beneficiary contract, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals following a data
breach on its network systems on or before April 8, 2024. The
Defendant also failed to timely notify the Plaintiff and similarly
situated individuals about the data breach. As a result, the
private information of the Plaintiff and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Jerico Pictures, Inc., doing business as National Public Data
(NPD), is a company that specializes in collecting and aggregating
public and non-public records, headquartered in Coral Springs,
Florida. [BN]
The Plaintiff is represented by:
Jay Eng, Esq.
Patrick T. Egan, Esq.
BERMAN TABACCO
One Liberty Square
Boston, MA 02109
Telephone: (617) 542-8300
Email: jeng@bermantabacco.com
pegan@bermantabacco.com
- and -
Pierce H. Stanley, Esq.
425 California Street, Suite 2300
San Francisco, CA 94104
Telephone: (415) 433-3200
Email: pstanley@bermantabacco.com
L'OREAL USA: Parties in Zimmerman Must File Joint Status Report
----------------------------------------------------------------
In the class action lawsuit captioned as Zimmerman v. L'Oreal USA,
Inc., Case No. 4:22-cv-07609 (N.D. Cal., Filed Dec. 2, 2022), the
Hon. Judge Haywood S. Gilliam, Jr. entered an order directing the
parties to file a joint status report of no more than two pages
updating the Court on the status of the case and explaining why
Plaintiffs did not file a motion for class certification by the
Aug. 22, 2024, deadline.
The parties shall file their joint status report by Sept. 4, 2024.
The nature of suit states torts -- personal property -- other
fraud.
L'Oreal manufactures and markets cosmetic products.[CC]
LA TIENDITA: Fails to Pay Proper Wages, Poblano Suit Alleges
------------------------------------------------------------
NATAICENIA POBLANO, individually and on behalf of all others
similarly situated, Plaintiff v. LA TIENDITA DONA FIDE CORP. d/b/a
LA TIENDITA DOÑA FIDE; LA TIENDITA DONA FIDE 2 CORP. d/b/a LA
TIENDITA DOÑA FIDE 2; and ISIDRO HUERO SERRANO, Defendants, Case
No. 1:24-cv-06519 (S.D.N.Y., Aug. 29, 2024) seeks to recover from
the Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Poblano was employed by the Defendants as a cashier and
stocker.
La Tiendita Dona Fide Corp. d/b/a La Tiendita Dona Fide owns and
operates a grocery store in Bronx, NY. [BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
LENDINGTREE LLC: Faces Macom Suit Over Customers' Compromised Info
------------------------------------------------------------------
AARON MACOM, individually and on behalf of all others similarly
situated, Plaintiff v. LENDINGTREE, LLC, QUOTEWIZARD.COM, LLC, and
SNOWFLAKE, INC., Defendants, Case No. 3:24-cv-00802 (W.D.N.C.,
August 30, 2024) is a class action against the Defendant for
negligence and negligence per se, breach of implied contract,
unjust enrichment, bailment, and breach of fiduciary duty.
The case arises from the Defendants' failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated individuals following a data
breach on Snowflake's systems on May 23, 2024. The Defendants also
failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties.
LendingTree, LLC is an online marketplace headquartered in
Charlotte, North Carolina.
QuoteWizard.com, LLC is a wholly owned subsidiary of LendingTree,
LLC.
Snowflake, Inc. is a cloud computing–based data cloud company in
Bozeman, Montana. [BN]
The Plaintiff is represented by:
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 N. Market Street
Asheville, NC 28801
Telephone: (828) 258-2991
Email: dwilkerson@vwlawfirm.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
Email: snathan@hausfeld.com
MARCUS SAMUELSSON: Vega Suit Seeks Blind's Equal Access to Website
------------------------------------------------------------------
NORBERTO VEGA, on behalf of himself and all others similarly
situated, Plaintiff v. MARCUS SAMUELSSON GROUP, LLC, Defendant,
Case No. 2:24-cv-08889 (D.N.J., August 30, 2024) is a class action
against the Defendant for violation of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.marcusbp.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Marcus Samuelsson Group, LLC is a company that sells online goods
and services, doing business in New Jersey. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
MDL 2903: Class Settlement in Shaffer v. Mattel Wins Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Shaffer v. Mattel, Inc. et
al., Case No. 1:19-cv-00667 (W.D.N.Y.), the Hon. Judge Geoffrey
Crawford entered an order granting motion for preliminary
certification of a settlement class and approval of class action
settlement:
The proposed settlement class consist of:
"All Persons in the United States, the District of Columbia,
Puerto
Rico, and all other United States territories and/or possessions
who, during the Class Period, (a) purchased (including to be
given
as a gift to another Person) or acquired (by gift) an RNPS, or
(b)
have an RNPS in their possession."
Excluded from the class are
(i) Persons who participated in the Recall and received a cash
fund;
(ii) Persons who purchased an RNPS for the sole purpose of
resale to consumers at wholesale or retail;
(iii) Defendants, their subsidiaries, and their legal
representatives, successors, assignees, officers,
directors
and employees;
(iv) Plaintiff's counsel; and
(v) judicial officers and their immediate family members and
associated court staff assigned to this case.
In addition, persons or entities are not Settlement Class
Members
once they timely and properly exclude themselves from the Class,
as
provided in this Settlement Agreement, and once the exclusion
request id finally approved by the Court.
The Court appoints class counsel:
Demet Basar, Esq.
James Eubank, Esq.
Paul Evans, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES
P.C., 218 Commerce Street
Montgomery, AL 36104
Telephone: (800) 898-2034
E-mail: Demet.Basar@BeasleyAllen.com
James.Eubank@BeasleyAllen.com
Paul.Evans@BeasleyAllen.com
The court appoints the following persons as class representatives
for the proposed settlement class: Elizabeth Alfaro, Emily Barton,
Linda Black, Luke Cuddy, Rebecca Drover, Megan Fieker, Karen
Flores, Nancy Hanson, Jena Huey, Samantha Jacoby, Megan Kaden,
Kerry Mandley, Cassandra Mulvey, Joshua Nadel, Melanie Nilius
Nowlin, Daniel Pasternacki, Jessie Poppe, Katherine Shaffer, Emily
Simmonds, Josie Willis and Renee Wray.
The Court appoints Kroll Settlement Administration LLC as
Settlement Administrator.
The Shaffer case is consolidated in MDL 2903 United States Judicial
Panel on Multidistrict Litigation (MDL 2903) re: Fisher-Price Rock
'N Play Sleeper Marketing, Sales Practices, and products liability
litigation.
These actions share factual questions arising from allegations that
Fisher-Price's Rock 'n Play Sleeper (RNPS) is unsafe because, among
other reasons, its angled design does not allow infants to sleep in
a supine position, which allegedly increases the risk that infants
will
suffer from positional asphyxia, plagiocephaly, and torticollis.
The Plaintiffs uniformly allege that the defendants' advertising
and marketing for the RNPS was false and misleading, and that
Fisher Price's April 2019 recall of the RNPS was deficient.
Mattel is an American multinational toy manufacturing and
entertainment company.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xWiLW7 at no extra
charge.[CC]
MDL 2903: Class Settlement in Wray v. Fisher Price Wins Initial Nod
-------------------------------------------------------------------
In the class action lawsuit captioned as Wray v. Fisher Price et
al., Case No. 1:19-cv-01067 (W.D.N.Y.), the Hon. Judge Geoffrey
Crawford entered an order granting motion for preliminary
certification of a settlement class and approval of class action
settlement:
The proposed settlement class consist of:
"All Persons in the United States, the District of Columbia,
Puerto
Rico, and all other United States territories and/or possessions
who, during the Class Period, (a) purchased (including to be
given
as a gift to another Person) or acquired (by gift) an RNPS, or
(b)
have an RNPS in their possession."
Excluded from the class are
(i) Persons who participated in the Recall and received a cash
fund;
(ii) Persons who purchased an RNPS for the sole purpose of
resale to consumers at wholesale or retail;
(iii) Defendants, their subsidiaries, and their legal
representatives, successors, assignees, officers,
directors
and employees;
(iv) Plaintiff's counsel; and
(v) judicial officers and their immediate family members and
associated court staff assigned to this case.
In addition, persons or entities are not Settlement Class
Members
once they timely and properly exclude themselves from the Class,
as
provided in this Settlement Agreement, and once the exclusion
request id finally approved by the Court.
The Court appoints class counsel:
Demet Basar, Esq.
James Eubank, Esq.
Paul Evans, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES
P.C., 218 Commerce Street
Montgomery, AL 36104
Telephone: (800) 898-2034
E-mail: Demet.Basar@BeasleyAllen.com
James.Eubank@BeasleyAllen.com
Paul.Evans@BeasleyAllen.com
The court appoints the following persons as class representatives
for the proposed settlement class: Elizabeth Alfaro, Emily Barton,
Linda Black, Luke Cuddy, Rebecca Drover, Megan Fieker, Karen
Flores, Nancy Hanson, Jena Huey, Samantha Jacoby, Megan Kaden,
Kerry Mandley, Cassandra Mulvey, Joshua Nadel, Melanie Nilius
Nowlin, Daniel Pasternacki, Jessie Poppe, Katherine Shaffer, Emily
Simmonds, Josie Willis and Renee Wray.
The Court appoints Kroll Settlement Administration LLC as
Settlement Administrator.
The Wray case is consolidated in MDL 2903 United States Judicial
Panel on Multidistrict Litigation (MDL 2903) re: Fisher-Price Rock
'N Play Sleeper Marketing, Sales Practices, and products liability
litigation.
These actions share factual questions arising from allegations that
Fisher-Price's Rock 'n Play Sleeper (RNPS) is unsafe because, among
other reasons, its angled design does not allow infants to sleep in
a supine position, which allegedly increases the risk that infants
will
suffer from positional asphyxia, plagiocephaly, and torticollis.
The Plaintiffs uniformly allege that the defendants' advertising
and marketing for the RNPS was false and misleading, and that
Fisher Price's April 2019 recall of the RNPS was deficient.
Fisher-Price is an American company that produces educational toys
for infants, toddlers and preschoolers.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RkaOzf at no extra
charge.[CC]
MDL 2903: Settlement in Cuddy v. Fisher Price Wins Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as Cuddy v. Fisher Price,
Inc. et al., Case No. 1:19-cv-00787 (W.D.N.Y.), the Hon. Judge
Geoffrey Crawford entered an order granting motion for preliminary
certification of a settlement class and approval of class action
settlement:
The proposed settlement class consist of:
"All Persons in the United States, the District of Columbia,
Puerto
Rico, and all other United States territories and/or possessions
who, during the Class Period, (a) purchased (including to be
given
as a gift to another Person) or acquired (by gift) an RNPS, or
(b)
have an RNPS in their possession."
Excluded from the class are
(i) Persons who participated in the Recall and received a cash
fund;
(ii) Persons who purchased an RNPS for the sole purpose of
resale to consumers at wholesale or retail;
(iii) Defendants, their subsidiaries, and their legal
representatives, successors, assignees, officers,
directors
and employees;
(iv) Plaintiff's counsel; and
(v) judicial officers and their immediate family members and
associated court staff assigned to this case.
In addition, persons or entities are not Settlement Class
Members
once they timely and properly exclude themselves from the Class,
as
provided in this Settlement Agreement, and once the exclusion
request id finally approved by the Court.
The Court appoints class counsel:
Demet Basar, Esq.
James Eubank, Esq.
Paul Evans, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES
P.C., 218 Commerce Street
Montgomery, AL 36104
Telephone: (800) 898-2034
E-mail: Demet.Basar@BeasleyAllen.com
James.Eubank@BeasleyAllen.com
Paul.Evans@BeasleyAllen.com
The court appoints the following persons as class representatives
for the proposed settlement class: Elizabeth Alfaro, Emily Barton,
Linda Black, Luke Cuddy, Rebecca Drover, Megan Fieker, Karen
Flores, Nancy Hanson, Jena Huey, Samantha Jacoby, Megan Kaden,
Kerry Mandley, Cassandra Mulvey, Joshua Nadel, Melanie Nilius
Nowlin, Daniel Pasternacki, Jessie Poppe, Katherine Shaffer, Emily
Simmonds, Josie Willis and Renee Wray.
The Court appoints Kroll Settlement Administration LLC as
Settlement Administrator.
The Cuddy case is consolidated in MDL 2903 United States Judicial
Panel on Multidistrict Litigation (MDL 2903) re: Fisher-Price Rock
'N Play Sleeper Marketing, Sales Practices, and products liability
litigation.
These actions share factual questions arising from allegations that
Fisher-Price's Rock 'n Play Sleeper (RNPS) is unsafe because, among
other reasons, its angled design does not allow infants to sleep in
a supine position, which allegedly increases the risk that infants
will
suffer from positional asphyxia, plagiocephaly, and torticollis.
The Plaintiffs uniformly allege that the defendants' advertising
and marketing for the RNPS was false and misleading, and that
Fisher Price's April 2019 recall of the RNPS was deficient.
Fisher-Price is an American company that produces educational toys
for infants, toddlers and preschoolers.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tSXzhX at no extra
charge.[CC]
MDL 2903: Settlement in Drover-Mundy v. Fisher Price Granted
------------------------------------------------------------
In the class action lawsuit captioned as Drover-Mundy et al v.
Fisher-Price, Inc. et al., Case No. 1:19-cv-00512 (W.D.N.Y.), the
Hon. Judge Geoffrey Crawford entered an order granting motion for
preliminary certification of a settlement class and approval of
class action settlement:
The proposed settlement class consist of:
"All Persons in the United States, the District of Columbia,
Puerto
Rico, and all other United States territories and/or possessions
who, during the Class Period, (a) purchased (including to be
given
as a gift to another Person) or acquired (by gift) an RNPS, or
(b)
have an RNPS in their possession."
Excluded from the class are
(i) Persons who participated in the Recall and received a cash
fund;
(ii) Persons who purchased an RNPS for the sole purpose of
resale to consumers at wholesale or retail;
(iii) Defendants, their subsidiaries, and their legal
representatives, successors, assignees, officers,
directors
and employees;
(iv) Plaintiff's counsel; and
(v) judicial officers and their immediate family members and
associated court staff assigned to this case.
In addition, persons or entities are not Settlement Class
Members
once they timely and properly exclude themselves from the Class,
as
provided in this Settlement Agreement, and once the exclusion
request id finally approved by the Court.
The Court appoints class counsel:
Demet Basar, Esq.
James Eubank, Esq.
Paul Evans, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES
P.C., 218 Commerce Street
Montgomery, AL 36104
Telephone: (800) 898-2034
E-mail: Demet.Basar@BeasleyAllen.com
James.Eubank@BeasleyAllen.com
Paul.Evans@BeasleyAllen.com
The court appoints the following persons as class representatives
for the proposed settlement class: Elizabeth Alfaro, Emily Barton,
Linda Black, Luke Cuddy, Rebecca Drover, Megan Fieker, Karen
Flores, Nancy Hanson, Jena Huey, Samantha Jacoby, Megan Kaden,
Kerry Mandley, Cassandra Mulvey, Joshua Nadel, Melanie Nilius
Nowlin, Daniel Pasternacki, Jessie Poppe, Katherine Shaffer, Emily
Simmonds, Josie Willis and Renee Wray.
The Court appoints Kroll Settlement Administration LLC as
Settlement Administrator.
The Drover-Mundy case is consolidated in MDL 2903 United States
Judicial Panel on Multidistrict Litigation (MDL 2903) re:
Fisher-Price Rock 'N Play Sleeper Marketing, Sales Practices, and
products liability litigation.
These actions share factual questions arising from allegations that
Fisher-Price's Rock 'n Play Sleeper (RNPS) is unsafe because, among
other reasons, its angled design does not allow infants to sleep in
a supine position, which allegedly increases the risk that infants
will
suffer from positional asphyxia, plagiocephaly, and torticollis.
The Plaintiffs uniformly allege that the defendants' advertising
and marketing for the RNPS was false and misleading, and that
Fisher Price's April 2019 recall of the RNPS was deficient.
Fisher-Price is an American company that produces educational toys
for infants, toddlers and preschoolers.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GSQ6XD at no extra
charge.[CC]
MDL 2903: Settlement in Fieker v. Fisher Price Wins Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as Fieker v. Fisher-Price,
Inc. et al., Case No. 1:19-cv-01075 (W.D.N.Y.), the Hon. Judge
Geoffrey Crawford entered an order granting motion for preliminary
certification of a settlement class and approval of class action
settlement:
The proposed settlement class consist of:
"All Persons in the United States, the District of Columbia,
Puerto
Rico, and all other United States territories and/or possessions
who, during the Class Period, (a) purchased (including to be
given
as a gift to another Person) or acquired (by gift) an RNPS, or
(b)
have an RNPS in their possession."
Excluded from the class are
(i) Persons who participated in the Recall and received a cash
fund;
(ii) Persons who purchased an RNPS for the sole purpose of
resale to consumers at wholesale or retail;
(iii) Defendants, their subsidiaries, and their legal
representatives, successors, assignees, officers,
directors
and employees;
(iv) Plaintiff's counsel; and
(v) judicial officers and their immediate family members and
associated court staff assigned to this case.
In addition, persons or entities are not Settlement Class
Members
once they timely and properly exclude themselves from the Class,
as
provided in this Settlement Agreement, and once the exclusion
request id finally approved by the Court.
The Court appoints class counsel:
Demet Basar, Esq.
James Eubank, Esq.
Paul Evans, Esq.
BEASLEY, ALLEN, CROW, METHVIN, PORTIS & MILES
P.C., 218 Commerce Street
Montgomery, AL 36104
Telephone: (800) 898-2034
E-mail: Demet.Basar@BeasleyAllen.com
James.Eubank@BeasleyAllen.com
Paul.Evans@BeasleyAllen.com
The court appoints the following persons as class representatives
for the proposed settlement class: Elizabeth Alfaro, Emily Barton,
Linda Black, Luke Cuddy, Rebecca Drover, Megan Fieker, Karen
Flores, Nancy Hanson, Jena Huey, Samantha Jacoby, Megan Kaden,
Kerry Mandley, Cassandra Mulvey, Joshua Nadel, Melanie Nilius
Nowlin, Daniel Pasternacki, Jessie Poppe, Katherine Shaffer, Emily
Simmonds, Josie Willis and Renee Wray.
The Court appoints Kroll Settlement Administration LLC as
Settlement Administrator.
The Fieker case is consolidated in MDL 2903 United States Judicial
Panel on Multidistrict Litigation (MDL 2903) re: Fisher-Price Rock
'N Play Sleeper Marketing, Sales Practices, and products liability
litigation.
These actions share factual questions arising from allegations that
Fisher-Price's Rock 'n Play Sleeper (RNPS) is unsafe because, among
other reasons, its angled design does not allow infants to sleep in
a supine position, which allegedly increases the risk that infants
will
suffer from positional asphyxia, plagiocephaly, and torticollis.
The Plaintiffs uniformly allege that the defendants' advertising
and marketing for the RNPS was false and misleading, and that
Fisher Price's April 2019 recall of the RNPS was deficient.
Fisher-Price is an American company that produces educational toys
for infants, toddlers and preschoolers.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=S6lliL at no extra
charge.[CC]
MERCEDES-BENZ USA: Bid to Dismiss Bolling Class Complaint Tossed
----------------------------------------------------------------
In the class action lawsuit captioned as NATALIE BOLLING,
individually and on behalf of all others similarly situated, et
al., v. MERCEDES-BENZ USA, LLC, et al., Case No. 1:23-cv-00671-TWT
(N.D. Ga.), the Hon. Judge Thomas Thrash, Jr. entered an order:
-- denying as moot MBUSA's Motion to Dismiss the Class Action
Complaint;
-- granting MBUSA's Motion to Dismiss the First Amended Complaint
with respect to Count I as to Plaintiffs Dedman and Phlegar,
Count
II as to Plaintiff Dedman, Count III in its entirety, and Count
V
as to the Plaintiffs Bolling and Foster-Gittens; it is denied
as
to all other claims; and
-- granting MBUSA's Motion to Amend the Court's Order and Motion
to
Amend the Record
The Court therefore finds that the Plaintiffs Dedman and
Foster-Gittens have standing to assert their GUDTPA claim.
This case involves an alleged defect in panoramic sunroofs ("PSRs")
installed in motor vehicles. PSRs are glass sunroofs that, on some
vehicles, stretch across much of the entire roof of the vehicle.
The Plaintiffs allege that the PSRs installed in the Class Vehicles
are defective because they "are prone to spontaneously and often
loudly shattering under normal driving conditions, creating a
safety hazard for the vehicle occupants and surrounding traffic."
The Plaintiffs bring this case on behalf of a putative class (and
several putative subclasses) of individuals who purchased or leased
a Class Vehicle.
Mercedes-Benz USA is the distributor for Mercedes-Benz passenger
cars in the United States.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zQqJ4F at no extra
charge.[CC]
MERCER COUNTY, PA: Must File Class Cert Bid Reply by Sept. 13
-------------------------------------------------------------
In the class action lawsuit captioned as JOYELLE CAMPBELL and
CLAYTON BOYD, v. THE COUNTY OF MERCER, Case No. 2:23-cv-00099-CB-KT
(W.D. Pa.), the Defendant asks the Court to enter an order granting
a pleading extension and allowing the Defendant until Sept. 13,
2024 in which to reply to Plaintiffs' Motion and Brief seeking
class certification.
Paul D. Krepps, Esq. is lead counsel for the Defendant, and he is
currently working on another matter which requires him to attend
approximately 23 depositions in a matter of a few days time.
Erika L. Vasques, Esq. who is new to the firm entered her
appearance on July 18, 2024 and is less familiar with the instant
litigation and its complexity as a potential class action lawsuit.
Attorney Vasques conferred with Plaintiffs' counsel, D. Aaron Rihn,
Esq. on Aug. 27, 2024 who confirmed Plaintiffs have no objections
to the Defendant's request for an extension of time to respond.
On Aug. 2, 2024, the Plaintiffs filed a Motion for Class
Certification pursuant to F.R.C.P 23(a)-(b) and a Brief in Support
in support along with accompanying exhibits.
A copy of the Defendant's motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yYGNJ8 at no extra
charge.[CC]
The Defendant is represented by:
Erika L. Vasques, Esq.
Paul D. Krepps, Esq.
MARSHALL DENNEHEY, PC
Union Trust Building, Suite 700
501 Grant Street
Pittsburgh, PA 15219
Telephone: (412) 803-3472
Facsimile: (412) 803-1188
E-mail: EVCornelison@mdwcg.com
PDKrepps@mdwcg.com
MLB ADVANCED: Blind Can't Access Online Store, Young Suit Claims
----------------------------------------------------------------
LESHAWN YOUNG, on behalf of herself and all others similarly
situated, Plaintiff v. MLB ADVANCED MEDIA, L.P., Defendant, Case
No. 1:24-cv-06480 (S.D.N.Y., August 27, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.mlb.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text (alt-text) or a text
equivalent, empty links that contain no text, redundant links, and
linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
MLB Advanced Media, LP is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
MUELLER WATER: Fails to Protect Customers' Info, Kok Suit Alleges
-----------------------------------------------------------------
DAVID KOK, individually and on behalf of all others similarly
situated, Plaintiff v. MUELLER WATER PRODUCTS, INC., Defendant,
Case No. 1:24-cv-03894-SCJ (N.D. Ga., August 30, 2024) is a class
action against the Defendant for negligence, negligence per se,
breach of implied contract, breach of fiduciary duty, unjust
enrichment, violation of the Georgia Constitution, and bailment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated customers following a data breach on its
network systems on or around October 25, 2023. The Defendant also
failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
Mueller Water Products, Inc. is a manufacturer and distributor of
fire hydrants, gate valves, and other water infrastructure
products, headquartered in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Joseph B. Alonso, Esq.
Daniel H. Wirth, Esq.
ALONSO & WIRTH
1708 Peachtree Street, NW, Suite 303
Atlanta, GA 30309
Telephone: (678) 928-4472
Email: jalonso@alonsowirth.com
dwirth@alonsowirth.com
- and -
Raina C, Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Ave., Suite 1601
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
Email: raina@straussborrelli.com
MULTIPLAN INC: Jefferson Sues Over Control of OON Reimbursements
----------------------------------------------------------------
JEFFERSON AMBULATORY SURGERY CENTER LLC, individually and on behalf
of all others similarly situated, Plaintiff v. MULTIPLAN, INC.,
HEALTH CARE SERVICE CORPORATION, AETNA, INC., BLUE SHIELD OF
CALIFORNIA LIFE & HEALTH INSURANCE COMPANY, BLUE CROSS BLUE SHIELD
OF MICHIGAN MUTUAL INSURANCE COMPANY, BLUE CROSS AND BLUE SHIELD OF
FLORIDA, INC., ELEVANCE HEALTH, INC., CENTENE CORPORATION, THE
CIGNA GROUP, UNITEDHEALTH GROUP, INC., HUMANA, INC., and KAISER
FOUNDATION HEALTH PLAN, INC., Defendants, Case No. 1:24-cv-07941
(N.D. Ill., August 30, 2024) is a class action against the
Defendants for violations of Section 1 of the Sherman Antitrust
Act.
According to the complaint, MultiPlan has conspired with the
largest commercial healthcare insurance companies in the United
States to fix, suppress, and stabilize the reimbursement rates that
insurers pay to healthcare providers for out-of-network (OON)
healthcare services in the United States. MultiPlan then uses its
repricing algorithm to generate a reimbursement amount that is far
lower than the payor would otherwise pay on the claim. Through
their agreements with MultiPlan, Insurer Defendants commit to using
the same repricing method and tools and to have MultiPlan send the
artificially suppressed reimbursement rates to providers like
Jefferson. The Defendants' agreements to use MultiPlan's repricing
tools to set reimbursement rates on OON claims violates Section 1
of the Sherman Antitrust Act because those agreements unreasonably
restrain trade and have anticompetitive effects throughout the
market for reimbursements for OON healthcare services while
providing no countervailing procompetitive benefits, says the
suit.
Jefferson Ambulatory Surgery Center LLC is a provider of surgical
treatments based in Metairie, Louisiana.
MultiPlan, Inc. is a New York corporation with its principal place
of business in New York.
MultiPlan Corporation is a publicly traded company and the parent
company of MultiPlan, Inc.
Aetna, Inc. is a subsidiary of CVS Health Corporation, with its
principal place of business in Connecticut.
Blue Shield of California Life & Health Insurance Company (BSCA) is
an insurance company with a principal place of business in
California.
Blue Cross Blue Shield of Michigan Mutual Insurance Company
(BCBSMI) is a mutual insurance company with its principal place of
business in Michigan.
Blue Cross and Blue Shield of Florida, Inc. (BCBSFL) is an
insurance company with a principal place of business in Florida.
Centene Corporation is an insurance firm, with its principal place
of business in Missouri.
The Cigna Group is an insurance provider, with its principal place
of business in Connecticut.
Elevance Health, Inc., formerly known as Anthem, Inc., is an
insurance company based in Indiana.
UnitedHealth Group, Inc. is an insurance company, with its
principal place of business in Minnesota.
Humana, Inc., is an insurance company, with its principal place of
business in Kentucky.
Health Care Service Corporation is a mutual legal reserve company,
with its principal place of business in Illinois.
Kaiser Foundation Health Plan, Inc. (KFHP) is an insurance company,
with its principal place of business in California. [BN]
The Plaintiff is represented by:
S. Jarret Raab, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: jraab@milberg.com
- and -
Peggy J. Wedgworth, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (212) 594-5300
Email: pwedgworth@milberg.com
- and -
Andrew Lemmon, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5301 Canal Boulevard
New Orleans, LA 70124
Telephone: (985) 783-6789
Email: alemmon@milberg.com
MULTIPLAN INC: Suppressed Payments for OON Services, Pacific Claims
-------------------------------------------------------------------
PACIFIC INPATIENT MEDICAL GROUP, INC., individually and on behalf
of all others similarly situated, Plaintiff v. MULTIPLAN, INC.,
AETNA, INC., ELEVANCE HEALTH, INC., THE CIGNA GROUP, and HUMANA
INC., Defendants, Case No. 1:24-cv-07825 (N.D. Ill., August 28,
2024) is a class action against the Defendants for violation of
Section 1 of the Sherman Antitrust Act.
The case arises from MultiPlan's conspiracy with the Defendant
Payors and Insurer Co-Conspirators to knowingly and collectively
use MultiPlan's repricing tools to collusively fix payment amounts
for medical services performed by out-of-network (OON) Providers in
the United States for OON healthcare services. This conspiracy has
caused the Plaintiff and Class members to accept artificially
suppressed payments for OON healthcare services during the Class
Period. As a result of the Defendants' antitrust law violations,
the Plaintiff and the Class have been injured in their business or
property and will continue to be injured by receiving lower
payments for OON healthcare services claims than what it would have
received absent the conspiracy, the suit alleges.
Pacific Inpatient Medical Group, Inc. is a healthcare services
provider, with its principal place of business in San Francisco,
California.
MultiPlan, Inc. is a New York corporation with its principal place
of business in New York.
Aetna, Inc. is a subsidiary of CVS Health Corporation, with its
principal place of business in Connecticut.
Elevance Health, Inc., formerly known as Anthem, Inc., is an
insurance company based in Indiana.
The Cigna Group is an insurance provider, with its principal place
of business in Connecticut.
Humana, Inc., is an insurance company, with its principal place of
business in Kentucky. [BN]
The Plaintiff is represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER
111 W. Washington Street, Suite 1240
Chicago, IL 60602
Telephone: (312) 750-1265
Email: katrina@lcllp.com
- and -
Jason S. Hartley, Esq.
HARTLEY LLP
101 W. Broadway, Suite 820
San Diego, CA 92101
Telephone: (619) 400-5822
Email: hartley@hartleyllp.com
- and -
Richard M. Paul III, Esq.
PAUL LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Telephone: (816) 984-8100
Email: Rick@PaulLLP.com
- and -
Joseph R. Saveri, Esq.
JOSEPH SAVERI LAW FIRM, INC.
601 California Street, Suite 1505
San Francisco, CA 94108
Telephone: (415) 500-6800
Email: jsaveri@saverilawfirm.com
NATIONWIDE INSURANCE: Fails to Comply With Stack Policy, Nutt Says
------------------------------------------------------------------
LISA A. NUTT, on behalf of herself and all others similarly
situated, Plaintiff v. NATIONWIDE INSURANCE COMPANY OF AMERICA,
NATIONWIDE AFFINITY INSURANCE COMPANY OF AMERICA, NATIONWIDE
ASSURANCE COMPANY, NATIONWIDE GENERAL INSURANCE COMPANY, NATIONWIDE
MUTUAL INSURANCE COMPANY, NATIONWIDE PROPERTY AND CASUALTY
INSURANCE COMPANY, ALLIED PROPERTY AND CASUALTY INSURANCE COMPANY,
AMCO INSURANCE COMPANY, DEPOSITORS INSURANCE COMPANY, TITAN
INSURANCE COMPANY, VICTORIA FIRE & CASUALTY COMPANY, Defendants,
Case No. 2:24-cv-02228-JFM (D. Ariz., August 27, 2024) is a class
action against the Defendants for declaratory judgment, breach of
contract, and bad faith.
The case arises from the Defendants' failure to meet the
requirements of stack policies or coverages for uninsured and
underinsured motor vehicle accident claims. According to the
complaint, the Defendants as insurers failed to comply with these
two requirements: (1) expressly and plainly limit stacking in the
policy with unambiguous language plainly disavowing the possibility
of stacking, and (2) satisfy the notice requirement [of A.R.S. Sec.
20-259.01(H) by] informing the insured of their right to select one
policy or coverage either in the policy itself or in writing to the
insured within thirty days after the insurer is notified of the
accident. As a result of the Defendants' misconduct, the
Plaintiff's and Class members' motor vehicle accident claims were
underpaid.
Nationwide Insurance Company of America is an insurance company,
with its principal place of business in Ohio.
Nationwide Affinity Insurance Company of America is an insurance
company, doing business in Arizona.
Nationwide Assurance Company is an insurance company, doing
business in Arizona.
Nationwide General Insurance Company is an insurance company, doing
business in Arizona.
Nationwide Mutual Insurance Company is an insurance company, doing
business in Arizona.
Nationwide Property and Casualty Insurance Company is an insurance
company, doing business in Arizona.
ALLIED Property and Casualty Insurance Company is an insurance
company, doing business in Arizona.
AMCO Insurance Company is an insurance company, doing business in
Arizona.
Depositors Insurance Company is an insurance company, doing
business in Arizona.
Titan Insurance Company is an insurance company, doing business in
Arizona.
Victoria Fire & Casualty Company is an insurance company, doing
business in Arizona. [BN]
The Plaintiff is represented by:
Robert B. Carey, Esq.
John M. DeStefano, Esq.
E. Tory Beardsley, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
11 West Jefferson Street, Suite 1000
Phoenix, AZ 85003
Telephone: (602) 840-5900
Facsimile: (602) 840-3012
Email: rob@hbsslaw.com
johnd@hbsslaw.com
toryb@hbsslaw.com
- and -
Brett L. Slavicek, Esq.
James Fucetola, Esq.
Justin Henry, Esq.
THE SLAVICEK LAW FIRM
5500 North 24th Street
Phoenix, AZ 85016
Telephone: (602) 285-4435
Facsimile: (602) 287-9184
Email: brett@slaviceklaw.com
james@slaviceklaw.com
justin@slaviceklaw.com
NEW YORK, NY: Court Certifies Class of Children in Elisa Suit
-------------------------------------------------------------
In the class action lawsuit captioned as ELISA W., et al., v. THE
CITY OF NEW YORK, et al., Case No. 1:15-cv-05273-KMW-SLC
(S.D.N.Y.), the Hon. Judge Kimba Wood entered an order:
-- granting in part and denying in part the Plaintiffs' renewed
motion for class certification,
-- certifying the following class:
"A Class of children who are now, or will be, in the foster
care
custody of the Commissioner of ACS."
-- appointing Attorneys from A Better Childhood, Inc., and
Cravath,
Swaine & Moore LLP as co-counsel for the certified General
Class,
and
-- directing Counsel to send to the Court, no later than Sept. 23,
2024, a joint letter setting forth in detail the current status
of
the litigation.
The Court is aware that agreement among the parties may not be
possible. In any respect in which agreement is not possible, the
parties are ordered to specify the issues as to which they can
agree, and their reasons for not agreeing to the remainder.
The Clerk of Court is respectfully directed to terminate the motion
at ECF No. 439.
The Plaintiffs have offered sufficient evidence at this stage of
the case to demonstrate that whether OCFS exercises adequate
oversight of ACS is a common question capable of classwide
resolution. Rule 23(a)(2) is satisfied for the General Class as to
State Defendants.
The Plaintiffs have submitted sufficient evidence to establish a
plausible connection between ACS's training, case management and
permanency practices and Plaintiffs' asserted injuries. The Court
is satisfied that whether ACS ensures that training, case
management and permanency planning practices utilized in the NYCFCS
lessen the risk of injury for children in its custody are common
questions capable of classwide resolution. Accordingly, Rule
23(a)(2)'s commonality requirement is satisfied for the General
Class with respect to City Defendants.
The General Class is composed of foster care children who are now,
or will be, in the foster care custody of the Commissioner of ACS.
Defendants do not dispute that the General Class meets the Second
Circuit's ascertainability requirement. The Court is satisfied that
the General Class meets that requirement.
Named Plaintiffs, who entered the New York City Foster Care System
("NYCFCS") between 2002 and 2015, bring this putative class action
alleging constitutional and statutory claims against both the City
and the State of New York. They assert five causes of action based
on alleged "systemic deficiencies." Plaintiffs seek injunctive
relief.
On Sept. 3, 2021, the Court denied Plaintiffs' motion for class
certification, as well as City Defendants' Daubert motion to
exclude the Plaintiffs' expert report.
On Sept. 19, 2023, the Second Circuit vacated and remanded the
order denying class certification. The Second Circuit directed the
Court to determine whether each of Plaintiffs' allegations
satisfies Rule 23's requirements.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=mpRPt5 at no extra
charge.[CC]
NEW YORK, NY: Court Extends Time to File Reply on Bid to Dismiss
----------------------------------------------------------------
In the class action lawsuit captioned as Greene, et al. v. City of
New York, et al., Case No. 1:21-cv-05762-LAP (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order granting an extension of
time to respond to Defendants' Partial Motion to Dismiss Certain
Claims in the Third Amended Complaint Pursuant to Rule 12(b)(6) and
to Strike the Class Action Demand Pursuant to Rule 12(f), from
Sept. 3, 2024, to Sept. 30, 2024.
This is Plaintiffs' first request for an extension of time to
respond to the Defendants' motion. The Defendants' counsel consents
and requests until Oct. 21, 2024, to file their reply, to which the
Plaintiffs consent.
This requested extension does not affect any other scheduled dates
as set forth in the Civil Case Management Plan and Scheduling Order
So-Ordered by this Court on April 30, 2024. We appreciate the
Court's time and attention to this matter.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Plaintiffs' motion dated Aug. 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FtuiQj at no extra
charge.[CC]
The Plaintiffs are represented by:
Corinne McCrum, Esq.
ALLEN OVERY SHEARMAN STERLING US LLP
599 Lexington Avenue
New York, NY 10022-6069
Telephone: (212) 848-4000
E-mail: corinne.mccrum@aoshearman.com
NEW YORK, NY: Discovery in Local 3621 Suit Due Oct. 11
------------------------------------------------------
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 as follows:
-- The Parties shall provide another update by September 6th.
-- That update shall detail the schedule for all remaining
depositions.
-- If the Parties cannot agree on such a schedule, by that same
date,
the Parties shall each submit a proposed schedule for
completing
any remaining fact and expert discovery.
-- All discovery must be completed in time to meet Judge Liman's
October 11 deadline for summary judgment and class
certification
motions. No extensions are guaranteed.
In June 2023, this Court ruled that Plaintiffs' discovery requests
were relevant and ordered Defendants to comply with Plaintiffs'
request.
On Aug. 7, 2024, Judge Liman issued an Order that summary judgment
motions and renewed motions for class certification shall be filed
no later than September 20, 2024.
On the eve of the August 28th conference, the Plaintiffs submitted
a letter dealing distinct issues they deemed "most critical" for
their class certification and summary judgment motions. The Court
grants in part and denies in part the Plaintiffs' request.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=P2umMu at no extra
charge.[CC]
NIKE INC: Bid for Imposition of Sanctions Granted in Part in Cahill
-------------------------------------------------------------------
In the class action lawsuit captioned as KELLY CAHILL, SARA
JOHNSTON, LINDSAY ELIZABETH, and HEATHER HENDER, individually and
on behalf of ORDER others similarly situated, v. NIKE, INC., an
Oregon Corporation, Case No. 3:18-cv-01477-AB (D. Or.), the Hon.
Judge Jolie Russo entered an order:
-- granting in part the Defendant's motion for imposition of
Sanctions;
-- granting Plaintiffs' motion to determine good cause for
confidentiality of certain documents;
-- denying Plaintiffs' motion requesting appointment of a special
Master;
-- denying Plaintiffs' motion to compel production; and
-- denying the parties' request for oral argument.
The Court does not find that the violation of the discovery order
in this case was deliberate or done in bad faith. However,
plaintiffs' counsel did violate the order by disclosing unredacted
material and, inadvertent or not, she did not divulge the
information under the mistaken belief that the order permitted
disclosure.
Although plaintiffs are represented by several law firms, the case
is now ready for trial and disqualification at this stage would be
significantly disruptive. Disqualification is not necessary to
address the violation of the protective order and any potential
ethical violations that such disclosure engendered. Accordingly,
the Court declines to resort to disqualification as a sanction for
the inadvertent disclosure of the names redacted in otherwise
publicly available documents.
The Plaintiffs Kelly Cahill, Sara Johnston, Lindsay Elizabeth, and
Heather Hender brought this action seeking class action status
alleging that defendant Nike systematically discriminates against
them and other similarly situated women regarding salary and
promotions.
On April 8, 2022, the Oregonian (along with several other media
organizations) sought to intervene in this action for the limited
purpose of vindicating the right of the press and the public to
access judicial records in this matter.
On Jan. 25, 2024, plaintiffs' counsel notified the Court she
inadvertently disclosed to an Oregonian reporter (appearing in this
action as Advance Local Media LLC) confidential discovery material
obtained from the defendant.
Nike is an American athletic footwear and apparel corporation.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CiycHD at no extra
charge.[CC]
NORDIC NATURALS: Filing for Class Cert Bid Due April 15, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as CHERYL CALDWELL, and
JEANNE MATTHEWS and AMANDA HATFIELD and JESSICA NICOLE DECOURSEY,
themselves, and on behalf of all others similarly situated, v.
NORDIC NATURALS, INC. Case No. 3:23-cv-02818-EMC (N.D. Cal.), the
Hon. Judge Edward Chen entered an order to continue deadlines
relating to class certification as follows:
1. Fact discovery shall close on March 26, 2025.
2. The Plaintiffs' deadline to serve expert disclosures and
expert
reports is March 26, 2025.
3. The Defendant's deadline to serve expert disclosures and
expert
reports is April 25, 2025.
4. The Defendant's deadline to file Daubert motions is May 22,
2025.
5. The Plaintiffs shall file their opposition to Defendant's
Daubert motion on June 20, 2025.
6. The Defendant shall file its reply in further support of
Daubert
motions on June 27, 2025.
7. The Plaintiffs' deadline to file Daubert motions is June 6,
2025.
8. The Plaintiffs' deadline to file a Motion for Class
Certification is April 15, 2025.
9. The Defendant shall file its opposition to Plaintiffs' Motion
for Class Certification on May 22, 2025.
10. The Defendant may file a Motion for Summary Judgment on May
22,
2025.
11. The Plaintiffs shall file their reply in further support of
Motion for Class Certification on June 27, 2025.
12. Hearing on Daubert motions and Motion for Class Certification
shall take place on July 24, 2025.
On May 13, 2024, the Parties filed a Joint Stipulation and
[Proposed Order] to Amend Complaint and Scheduling Order, seeking a
120 day extension of inter alia the discovery, expert disclosures,
and class certification deadlines set in the Court's original
Scheduling Order.
Nordic Naturals sells vitamins and supplements including animal
oils, fish oils, and marine animal oils.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1CO8fV at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert Abiri, Esq.
CUSTODIO & DUBEY, LLP
445 S. Figueroa Street, Suite 2520
Los Angeles, CA 90071
Telephone: (213) 593-9095
Facsimile: (213) 785-2899
E-mail: abiri@cd-lawyers.com
- and -
Ruhandy Glezakos, Esq.
Benjamin Heikali, Esq.
Joshua Nassir, Esq.
TREEHOUSE LAW, LLP
2121 Avenue of the Stars, Suite 2580
Los Angeles, CA 90024
Telephone: (310) 751-5948
E-mail: rglezakos@treehouselaw.com
bheikali@treehouselaw.com
jnassir@treehouselaw.com
The Defendant is represented by:
Caroline E. Oks, Esq.
Michael R. McDonald, Esq.
Andrew J. Marino, Esq.
Christina M. LaBruno, Esq.
GIBBONS P.C.
One Gateway Center
Newark, NJ 07102
Telephone: (973) 596-4500
E-mail: coks@gibbonslaw.com
mmcdonald@gibbonslaw.com
amarino@gibbonslaw.com
clabruno@gibbonslaw.com
NURSEFINDERS LLC: Class Settlement in Latoya Suit Gets Final Nod
----------------------------------------------------------------
In the class action lawsuit captioned as LATOYA HONEY WALKER,
individually and on behalf of all others similarly situated; v.
NURSEFINDERS, LLC; AMN SERVICES, LLC; and DOES 1–100, inclusive,
Case No. 3:22-cv-04084-AGT (N.D. Cal.), the Hon. Judge Alex Tse
entered an order as follows:
1. The Court has jurisdiction over the claims of the
Participating
Class Members and Aggrieved Employees asserted in this
proceeding and over all parties to the action.
2. The Court finds that one Class Member has objected to the
Settlement and two Class Members have requested exclusion
from
the Settlement. The Class Member who objected wants to obtain
the full measure of damages she allegedly suffered, rather
than
her share of the Settlement. The Settlement reflects a fair
and
reasonable negotiated compromise. It was reached after a
full-
day mediation with an experienced mediator and avoids the
substantial costs, delays, and risks that would be associated
with more litigation. Only a small fraction of the Class
opted
out, indicating widespread support for the Settlement. The
Court
overrules the objection.
3. The Court grants final approval of the terms and conditions
contained in the Settlement, as to the Participating Class
Members and Aggrieved Employees. The Court finds the terms of
the Settlement to be within the range of permissible
approval,
under Federal Rule of Civil Procedure 23 and applicable law.
4. The Court makes final its preliminary certification of the
Class, in accordance with the Settlement, for the purposes of
this Settlement only. The Class is defined as:
"all current and former hourly, non-exempt employees who
worked
for Defendant in the state of California, excluding those
individuals who signed an arbitration agreement, during the
period between July 12, 2018, and March 4, 2024."
Two individuals, Nicole Natasha Mantez, and Alexander J.
Zimmermann, properly opted out of the Settlement and are not
part of the Class.
5. The Aggrieved Employees are defined as:
"all individuals who worked as non-exempt employees for the
Defendant in the State of California at any time between July
12, 2021, and March 4, 2024."
6. The Court finally appoints Schneider Wallace Cottrell Konecky
LLP as Class Counsel and Plaintiff LaToya Honey Walker as
Class
Representative.
7. Class Counsel's fee request of $1,500,000.00 represents
thirty
percent (30%) of the Gross Settlement Amount, which the Court
finds reasonable under applicable law and in light of the
contingent risk, the factual and legal risks, the complex
nature
of the case, and the excellent result for the Class and the
Aggrieved Employees.
8. The Court grants the requested attorneys’ fees award of
thirty
percent of the Gross Settlement Amount, or $1,500,000.00, to
Class Counsel.
9. The Court grants reimbursement of litigation costs in the
amount of $8,990.63 to Class Counsel.
10. The Court GRANTS the requested service award of $10,000.00 to
Plaintiff LaToya Honey Walker for the efforts and risk she
undertook on behalf of the Class
Nursefinders is a nurse staffing agency and per diem nurse agency.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VFXisZ at no extra
charge.[CC]
OAK STREET: Seeks More Time to File Class Cert Response in McCrae
-----------------------------------------------------------------
In the class action lawsuit captioned as McCrae v. Oak Street
Health, Inc. et al., Case No. 1:24-cv-01670-JPO-KHP (S.D.N.Y.), the
Defendants ask the Court to enter an order extending Defendants'
deadline to respond to the Plaintiff's "Cross-Motion" that seeks to
certify a class under Fed. R. Civ. P. 23, until 21 days after any
order denying Defendants' Motion to Compel Arbitration.
The response would otherwise be due on Sept. 3, 2024.
The Defendants filed their Motion to Compel Arbitration on Aug. 6,
2024.
Should Defendants prevail on that motion, the Plaintiff will be
required to pursue her claims in arbitration, not this Court—and
this whole action would be stayed pending the outcome of
arbitration.
The Plaintiff filed her opposition on Aug. 20, 2024.
This is Defendants' first request for an extension in response to
this Cross-Motion. The Plaintiff has indicated that she will oppose
this Request based on a concern that a Court's decision on
arbitration would render her not similarly situated to the
remaining "class."
According to the Defendants that they do not believe that the
Plaintiff is currently similarly situated, and this concern merely
underscores the procedural and substantive impropriety of her
Cross-Motion.
Oak Street Health is a health care network of primary care centers
for older adults with Medicare.
A copy of the Defendant's motion dated Aug. 22, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=GsVWfY at no extra
charge.[CC]
The Defendants are represented by:
Alexander W. Simon, Esq.
SEYFARTH SHAW LLP
1075 Peachtree Street, N.E., Suite 2500
Atlanta, GA 30309-3958
Telephone: (404) 885-1500
Facsimile: (404) 892-7056
E-mail: asimon@seyfarth.com
OLDS PRODUCTS: Allowed to File Sur-Reply Brief in Quiroga Suit
--------------------------------------------------------------
In the class action lawsuit captioned as Quiroga v. Olds Products
Co. of Illinois, Case No. 2:22-cv-00390 (E.D. Wisc., Filed March
29, 2022), the Hon. Judge Stephen C. Dries entered an order
granting the Defendant's motion for leave to file a sur-reply brief
in opposition to the Plaintiff's motion for class certification.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Olds Products produces and sells mustards.[CC]
OSEA INTERNATIONAL: Kraisriwatana Sues Over Cosmetics' Collagen Ads
-------------------------------------------------------------------
LISA KRAISRIWATANA, individually and on behalf of all others
similarly situated, Plaintiff v. OSEA INTERNATIONAL, LLC,
Defendant, Case No. 1:24-cv-06592 (S.D.N.Y., August 30, 2024) is a
class action against the Defendant for violations of State Consumer
Protection Statues and the New York General Business Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its Osea
"Collagen" cosmetics. The Defendant markets and labels its products
that they contain collagen. Unbeknownst to consumers, the products
do not contain collagen at all. Instead, the products use a fake
imitation of collagen derived from a synthetic extract formulated
from plants. Had they known that truth, the Plaintiff and similarly
situated consumers would not have purchased the cosmetics or paid a
premium price for it.
Osea International, LLC is a cosmetics manufacturer, with its
principal place of business in Venice, California. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
Benjamin Rozenshteyn, Esq.
Nathaniel Haim Sari, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
Email: adrian@gr-firm.com
ben@gr-firm.com
nsari@gr-firm.com
OUTSET MEDICAL: Porcelli Sues Over Drop in Share Price
------------------------------------------------------
CHRIS PORCELLI, individually and on behalf of all others similarly
situated, Plaintiff v. OUTSET MEDICAL, INC.; LESLIE TRIGG; and
NABEEL AHMED, Defendants, Case No. 5:24-cv-06124 (N.D. Cal., Aug.
29, 2024) is a class action on behalf of persons and entities that
purchased or otherwise acquired Outset Medical securities between
August 1, 2022 and August 7, 2024, inclusive (the "Class Period"),
the Plaintiff seeking to pursue claims against the Defendants under
the Securities Exchange Act of 1934 (the "Exchange Act").
The Plaintiff alleges in the complaint that throughout the Class
Period, the Defendants made materially false and misleading
statements, as well as failed to disclose material adverse facts
about the Company's business, operations, and prospects.
Specifically, Defendants failed to disclose to investors: (1) the
Tablo products were marketed for continuous renal replacement
therapy, which is not one of the indications approved by the FDA;
(2) that, as a result, Outset Medical was reasonably likely to
submit an additional 510(k) application for the Tablo products; (3)
that there was a substantial risk that the Company would cease
sales of the Tablo products pending FDA approval of additional
indications; (4) that Outset Medical lacked the sales team and
process to execute on the ramp of Tablo sales; (5) that, as a
result of the foregoing, the Company's revenue growth would be
adversely impacted; and (6) that, as a result of the foregoing,
Defendants' positive statements about the Company's business,
operations, and prospects were materially misleading and/or lacked
a reasonable basis.
The Company's share price fell $2.33, or 68.53%, to close at $1.07
per share on August 8, 2024, on unusually heavy trading volume.
As a result of the Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
Outset Medical, Inc. provides medical technology. The Company
develops a hemodialysis system for kidney patients. [BN]
The Plaintiff is represented by:
Robert V. Prongay, Esq.
Charles Linehan, Esq.
Pavithra Rajesh, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
Email: rprongay@glancylaw.com
clinehan@glancylaw.com
prajesh@glancylaw.com
PACIFIC PLATE: Morgan Sues Over Blind's Equal Access to Website
---------------------------------------------------------------
PARADISE MORGAN, individually and on behalf of all others similarly
situated, Plaintiff v. PACIFIC PLATE SPIRITS INC. d/b/a SelvaRey,
Defendant, Case No. 1:24-cv-06453 (S.D.N.Y., August 27, 2024) is a
class action against the Defendant for violations of Title III of
the Americans with Disabilities Act, the New York State Human
Rights Law, the New York State Civil Rights Law, and the New York
City Human Rights Law and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.selvarey.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alt-text on graphics, inaccessible drop-down
menus, the lack of navigation links, the lack of adequate prompting
and labeling, the denial of keyboard access, empty links that
contain no text, redundant links where adjacent links go to the
same URL address, and the requirement that transactions be
performed solely with a mouse, says the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Pacific Plate Spirits Inc., doing business as SelvaRey, is a
company that sells online goods and services, doing business in New
York. [BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Telephone: (917) 373-9128
Email: ShakedLawGroup@Gmail.com
PAYCOR INC: Seeks to Move Class Cert Response Date to Oct. 17
-------------------------------------------------------------
In the class action lawsuit captioned as Kellin Johns and Juan
Barron, individually and on behalf of all others similarly
situated, v. Paycor, Inc., Case No. 3:20-cv-00264-DWD (S.D. Ill.),
the Defendant asks the Court to enter an order moving the deadline
to file its Response to Plaintiffs' Motion for Class Certification
from Sept. 17, 2024 to Oct. 17, 2024, and grant any other relief
that it finds to be just and equitable.
On July 19, 2024, this Court ordered Paycor to respond to the
Motion for Class Certification within sixty days, i.e. by September
17, 2024. Paycor has expended a considerable amount of time and
effort gathering the information needed for its response to the
Class Certification Motion.
While it has completed the first step in this time consuming
process, Paycor needs additional time to gather information from
its customers about their collection of written consent from their
employees who used the timekeeping devices to determine whether
that consent included Paycor, whether any of those customers'
employees were union members whose claims against their employer
and Paycor are preempted by federal labor law, and whether those
Paycor customers had publicly available BIPA policies which
encompassed Paycor within their terms.
To gather the information required for the summary judgment motion,
Paycor needs to conduct further analysis of the functional
capabilities of the timekeeping devices, finger scan attachments,
and the data each uses and stores to make the same arguments that
were dispositive in Zellmer.
Finally, in-house counsel for Paycor has been on family leave for
several weeks and will not return until after Labor Day, which has
delayed progress on the response.
Paycor provides cloud-based on-boarding, human resources, payroll,
and time-keeping software solutions.
A copy of the Defendant's motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=Nv3ACz at no extra
charge.[CC]
The Defendant is represented by:
Melissa Siebert, Esq.
Chris Hennessy, Esq.
Matthew DiCianni, Esq.
COZEN O'CONNOR
123 N. Wacker Dr. Suite 1800
Chicago, IL 60606
Telephone: (312) 382-3119
E-mail: msiebert@cozen.com
mdicianni@cozen.com
PENNEY OPCO: Gamble Sues Over Deceptive Pricing Scheme
------------------------------------------------------
JACY GAMBLE, individually and on behalf of all others similarly
situated, Plaintiff v. PENNEY OPCO LLC; and DOE DEFENDANTS 1 to 5,
Defendant, Case No. 6:24-cv-01414-MK (D. Or., Aug. 26, 2024)
alleges that the Defendant is engaged in a deceptive pricing scheme
intended to trick consumers into believing that its products are
worth, and have a market value equal to, the inflated list price,
and that the lower advertised "sale" price represents a special
bargain.
According to the Plaintiff in the complaint, the Defendants
perpetrates the illegal scheme in order to induce consumers to
purchase its products and to charge more for its products than it
otherwise could have charged. The Defendants' false discount
advertising harms consumers like the Plaintiff by causing them to
pay more than they otherwise would have paid and to buy products
that they otherwise would not have bought, says the suit.
Penney OPCO LLC operates salons, optical centers, portrait studios,
jewelry repair shops, custom decoration and flower bouquet shops.
[BN]
The Plaintiff is represented by:
Che Corrington, Esq.
Daniel M. Hattis, Esq.
HATTIS & LUKACS
11711 SE 8th Street, Suite 120
Bellevue, WA 98005
Tel: (425) 233-8650
Email: che@hattislaw.com
dan@hattislaw.com
PERDUE FOODS: Bid to Strike Parker Class Allegations OK'd
---------------------------------------------------------
In the class action lawsuit captioned as ROGER PARKER, on his own
behalf and on behalf of all others similarly situated, v. PERDUE
FOODS, LLC, Case No. 5:22-cv-00268-TES (M.D. Ga.), the Hon. Judge
Tilman E. Self, III entered an order:
-- granting Perdue's Motion to strike class allegations and/or
denying class certification; and
-- dismissing Plaintiff's claims to the extent he seeks to
represent
any grower outside of Georgia.
Accordingly, applying Georgia law on those claims to the
non-Georgia growers would violate due process, and no amount of
class discovery would alter that analysis.
On July 22, 2022, the Plaintiff filed his Complaint alleging that
Perdue should have classified him (and others similarly situated)
as an employee instead of an independent contractor. Because of
that misclassification, the Plaintiff seeks relief under the Fair
Labor Standards Act, and the Federal Declaratory Judgment Act,
along with Georgia-law claims of fraud, breach of contract, unjust
enrichment, and negligent misrepresentation.
Perdue Foods is a major chicken, turkey, and pork processing
company in the United States.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iXrL0B at no extra
charge.[CC]
PILGRIM'S PRIDE: Court Tosses Hogan Bid to Certify Class
---------------------------------------------------------
In the class action lawsuit captioned as Hogan v. Pilgrim's Pride
Corporation, et al., Case No. 1:16-cv-02611 (D. Colo., Filed Oct.
20, 2016), the Hon. Judge R. Brooke Jackson entered an order
denying motion to certify class.
-- Denied without prejudice for failure to comply with
D.C.COLO.LCivR
7.1(a) and this Court's practice standards regarding the duty
to
confer prior to filing motions.
The suit alleges violation of the Securities Exchange Act.
Pilgrim's Pride is an American, multi-national food company.[CC]
PILGRIM'S PRIDE: Hogan Securities Suit Seeks to Certify Class
-------------------------------------------------------------
In the class action lawsuit captioned as Hogan v. Pilgrim's Pride
Corporation et al. (PILGRIM'S PRIDE CORPORATION SECURITIES
LITIGATION), Case No. 1:16-cv-02611-RBJ (D. Colo.), the Plaintiff
asks the Court to enter an order:
-- certifying this action pursuant to Rule 23 as a class action
and
certifying the Class defined as:
"All those who purchased or otherwise acquired Pilgrim common
stock between Feb. 21, 2014 and Nov. 17, 2016, inclusive (the
"Class") and who were damaged thereby, excluding Defendants,
officers, and directors of Pilgrim, members of their immediate
families and their legal representatives, heirs, successors, or
assigns, and any entity in which Defendants have or had a
controlling interest;"
-- appointing George James Fuller as Class Representative; and
-- appointing KSF as Class Counsel.
During the Class Period, which began on Feb. 14, 2014, PPC
misrepresented that
(1) the Broiler industry was highly competitive, with
profitability based on the supply and demand for chicken,
omitting that the industry's profitability was instead
driven
by illegal price-fixing by PPC and its purported
competitors,
and
(2) that its strong financial performance was due to its better
product "mix," "diverse portfolio model," "operational
improvements," and "pricing strategy," omitting that it
was,
in fact, due to its collusion with its competitors to
illegally fix, raise, and maintain Broiler prices.
Pilgrim's Pride Corporation produces prepared and fresh chicken
products in the United States and Mexico.
A copy of the Plaintiff's motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=c9f4Uf at no extra
charge.[CC]
The Plaintiff is represented by:
Kim E. Miller, Esq.
KAHN SWICK & FOTI, LLC
250 Park Avenue, 7th Floor
New York, NY 10177
Telephone: (212) 696-3730
E-mail: kim.miller@ksfcounsel.com
POLARIS INDUSTRIES: Court Decertifies Classes Certified in Order
----------------------------------------------------------------
In the class action lawsuit captioned as PAUL GUZMAN, et al., v.
POLARIS INDUSTRIES, INC., et al., Case No. 8:19-cv-01543-FLA-KES
(C.D. Cal.), the Hon. Judge Fernando Aenlle-Rocha entered an order
as follows:
-- granting the Defendants' motion for partial reconsideration and
for clarification of the court's order granting in part class
certification.
-- decertifying the classes certified in the Class Cert. Order.
-- certifying the following class:
"All California residents, who, between in or about May 25,
2018
and July 14, 2021, purchased one or more models of Polaris RZR
UTVs, in California, which were advertised with a sticker on
the
ROPS system as complying with OSHA requirements as set forth
under
29 C.F.R. section 1928.53, and which were tested using Gross
Vehicle Weight, not Tractor Weight."
On July 30, 2024, the Defendants filed the instant Motion,
requesting the court narrow the scope of the Berlanga class to
include only purchasers of RZR-branded vehicles, because Plaintiff
voluntarily agreed to narrow the class as such in his reply brief
in support of his motion for class certification.
On Aug. 27, 2024, the court found this matter appropriate for
resolution without oral argument and vacated the hearing set for
August 30, 2024. S
Polaris designs, engineers, and manufactures off-road and on-road
vehicles.
A copy of the Court's order dated Aug. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VYnqhR at no extra
charge.[CC]
POP DADDY: Web Site Not Accessible to Blind, Fagnani Says
---------------------------------------------------------
MYKAYKLA FAGNANI, individually and on behalf of all others
similarly situated, Plaintiff v. POP DADDY POPCORN, LLC, Defendant,
Case No. 1:24-cv-06557 (S.D.N.Y., Aug. 29, 2024) alleges violation
of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://popdaddysnacks.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Pop Daddy Popcorn, LLC is a brand of popcorn. Sells its products
online as well as through retailers. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
POWER ELECTRONICS: Bid to Extend Conditional Cert Filing Tossed
---------------------------------------------------------------
In the class action lawsuit captioned as Hoff, Nathan v. Power
Electronics USA, Inc., Case No. 3:24-cv-00098 (W.D. Wisc., Filed
Feb. 14, 2024), the Hon. Judge James D. Peterson entered an order
denying the parties motion to extend the deadline for filing a
motion for conditional certification from October 30 to November
29.
The Court said, "Moving the conditional certification deadline by a
month will necessarily compress the time between conditional
certification and class certification, so granting the parties'
motion would likely lead to requests for more schedule changes down
the road. Therefore, the motion is denied.
The Parties said that they wish to engage in "tentative settlement
discussions" before exchanging discovery. The court encourages
settlement but rarely moves deadlines solely for settlement
discussions, and the parties have not identified any compelling
reasons for making an exception in this case.
That being so, the court will offer the parties an alternative:
rather than extending the conditional certification deadline, the
parties may stipulate to a date sometime on or before April 21,
2025 (the current deadline for class certification motions), on
which one or both sides will move for a final determination on
certification of both the class and the collective.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Power Electronics is a manufacturer of solar inverters for
utility-scale photovoltaic plants.[CC]
PROGRESSIVE DIRECT: Assaf's Renewed Bid to Remand Tossed
--------------------------------------------------------
In the class action lawsuit captioned as MOHAMMAD M. ASSAF, v.
PROGRESSIVE DIRECT INSURANCE COMPANY, Case No. 3:19-cv-06209-BHS
(W.D. Wash.), the Hon. Judge Benjamin Settle entered an order
denying Assaf's renewed motion to remand.
Progressive points out that its counsel's "farfetched" "admission"
was directed to plaintiff's expert Harber's math, not Andreolli's,
and that it is not at all rare for one court to respectfully
disagree with another. It also correctly asserts that Judge Bryan's
Order is not binding on this Court, and that it is not a reason for
this Court to reconsider an issue it thoroughly considered and
resolved almost four years ago.
The Court agrees with Progressive. There is nothing "recent" about
Judge Bryan’s February 2023 decision or the admissions Assaf
claims Progressive made in connection with it. That Order is not
binding on this Court, and it does not warrant this Court’s
revisiting an issue that it resolved long ago, vacating its
subsequent orders, and remanding the case to state court.
Assaf brought this putative "diminished value" class action in
Pierce County Superior Court in November 2019.
The Defendant Progressive timely removed the case in December 2019,
under the Class Action Fairness Act (CAFA). It asserted that the
putative class had more than 100 members and that more than $5
million was in controversy.
Assaf moved to remand, asserting that his complaint did not put $5
million in controversy.
Progressive underwrites auto, fire, marine, and casualty
insurance.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2N7ze7 at no extra
charge.[CC]
PROGRESSIVE DIRECT: Wensel Sues Over Insurance Claims Scheme
------------------------------------------------------------
JAZMYN WENSEL, individually and on behalf of all others similarly
situated, Plaintiff v. PROGRESSIVE DIRECT INSURANCE COMPANY,
Defendant, Case No. 4:24-cv-00400-REP (D. Idaho, Aug. 28, 2024) is
a class action on behalf of the Plaintiff and all other similarly
situated claimants in Idaho who received a payment for the loss of
a totaled vehicle from the Defendant, where the Defendant used
valuation reports prepared by Mitchell International, Inc.
("Mitchell") to determine the actual cash value ("ACV") of the loss
vehicles.
According to the Plaintiff in the complaint, through Mitchell's
valuation, the Defendant systemically thumbs the scale when
calculating the ACV of claimants' loss vehicles by applying
so-called "Projected Sold Adjustments" that are: (a) arbitrary; (b)
contrary to appraisal standards and methodologies; (c) not based in
fact, as they are contrary to the used car industry's market
pricing and inventory management practices; (d) not applied by the
major competitor of Defendant's vendor Mitchell; and (e) on
information and belief, not applied by Defendant and Mitchell to
insureds in other states like California and Washington.
When valuing total loss claims for vehicles, it is improper for an
automobile insurance company, such as Progressive, to undervalue
and underpay the claims by manipulating the data used to determine
the ACV of the vehicles. Specifically, under its insurance policy
terms and applicable Idaho law, Defendant has a duty to pay, and
represent that it will pay, the ACV of a loss vehicle when
adjusting total loss claims, says the suit.
Progressive Direct Insurance Company operates as an insurance
company. The Company underwrites auto, fire, marine, and casualty
insurance. [BN]
The Plaintiff is represented by:
Bonner C. Walsh, Esq.
WALSH PLLC
1561 Long Haul Road
Grangeville, ID 83530
Telephone: (541) 359-2827
Facsimile: (866) 503-8206
Email: bonner@walshpllc.com
- and -
Andrew J. Shamis, Esq.
Edwin E. Elliott, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Facsimile: (786) 623-0915
Email: ashamis@shamisgentile.com
edwine@shamisgentile.com
- and -
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
Direct: (305) 975-3320
Facsimile: (786) 623-0915
Email: scott@edelsberglaw.com
PROVIDENCE HEALTH: Reconsideration of Class Cert Denial Sought
--------------------------------------------------------------
In the class action lawsuit captioned as Caroline Angulo, et al.,
v. Providence Health & Services Washington, et al., Case No.
2:22-cv-00915-JLR (W.D. Wash.), the Plaintiffs ask the Court to
enter an order granting motion for reconsideration Aug. 9 order
denying motion to certify class.
The Plaintiffs filed motion to certify classes on Nov. 22, 2023,
modifying it as to citations on Dec. 29, 2023. The motion was
denied o Aug. 9, 2024.
Providence Health is a not-for-profit Catholic healthcare system
headquartered in Renton, Washington.
A copy of the Plaintiffs' motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=4r0jel at no extra
charge.[CC]
The Plaintiffs are represented by:
William A. Gilbert, Esq.
GILBERT LAW FIRM, P.S.
421 W. Riverside Ave, Suite 1400
Spokane, WA 99201
Telephone: (509) 321-0750
Facsimile: (509) 343-3315
E-mail: bill@wagilbert.com
PUBLIX SUPER: Seeks Oral Argument on Bid to Certify Class Action
----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER ROBERTS,
CAITLIN THROCKMORTON, BRANDY MOORE, CARTER HUBBS, and JESSICA
SCHAFER individually on behalf of themselves, and all others
similarly situated, v. PUBLIX SUPER MARKETS, INC. Case No.
8:23-cv-02447-WFJ-CPT (M.D. Fla.), the Defendant asks the Court to
enter an order, pursuant to Local Rule 3.01(h), granting oral
argument on Plaintiffs' Amended Motion to Conditionally Certify the
Fair Labor Standards Act (FLSA) Collective and Publix's Response in
Opposition at the earliest time that this Court may find
convenient.
The Plaintiffs' Motion and Publix's Response raise many complex
issues of law and fact. Given the importance of those questions to
the determination of this case and the extensive factual record,
Defendant believes that the Court's decision-making process would
be significantly aided by oral argument.
The Defendant estimates 1.5 hours will be necessary for argument.
Publix's counsel certifies that they have conferred with
Plaintiffs' counsel in a good faith effort to resolve the issues
that this Motion presents. Plaintiffs oppose oral argument on their
Motion for Conditional Certification.
Publix Super Markets is an employee-owned American supermarket
chain.
A copy of the Defendant's motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9xtzJW at no extra
charge.[CC]
The Defendant is represented by:
Brett C. Bartlett, Esq.
Lennon B. Haas, Esq.
Jason K. Priebe, Esq.
SEYFARTH SHAW LLP
1075 Peachtree Street, N.E., Suite 2500
Atlanta, GA 30309-3958
Telephone: (404) 704-9690
Facsimile: (404) 724-1739
E-mail: bbartlett@seyfarth.com
lhaas@seyfarth.com
jpriebe@seyfarth.com
- and -
Samuel J. Salario, Jr., Esq.
Jason Gonzalez, Esq.
LAWSON HUCK GONZALEZ, PLLC
1700 S. MacDill Avenue, Suite 300
Tampa, FL. 33629
Telephone: (813) 765-5113
E-mail: samuel@lawsonhuckgonzalez.com
jason@lawsonhuckgonzalez.com
michelle@lawsonhuckgonzalez.com
marsha@lawsonhuckgonzalez.com
REGAL CINEMAS: Filing for Class Certification Bid Due Jan. 17, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as Springett v. Regal
Cinemas, Inc., Case No. 3:23-cv-01401 (N.D.N.Y., Filed Nov. 7,
2023), the Hon. Judge Mae A. D'Agostino entered an order extending
the deadlines and schedules as follows:
(1) Plaintiff Expert Disclosure is due by: Nov. 21, 2024
(2) Defendant Expert Disclosure is due by: Jan. 7, 2025
(3) Rebuttal Expert Disclosure is due by: Jan. 21, 2025
(4) All Discovery, including all Feb. 19, 2025
depositions, shall be completed by:
(5) Any Class Certification Motion shall Jan. 17, 2025
be filed by:
(6) Dispositive Motions shall be filed by: April 22, 2025
The nature of suit states Labor Litigation.
Regal owns and operates movie theaters.[CC]
REGULATORY DATACORP: Carr Bid for Class Certification Tossed
------------------------------------------------------------
In the class action lawsuit captioned as JEFFREY N. CARR, SR., on
behalf of himself and all others similarly situated, v. REGULATORY
DATACORP, INC. and BUREUA VAN DIJK ELECTRONIC PUBLISHING, INC.,
Case No. 2:22-cv-02139-MRP (E.D. Pa.), the Hon. Judge Perez entered
an order denying Plaintiff's motion for class certification.
The Court finds that the Plaintiff has failed to meet Rule 23(a)'s
numerosity requirement and Rule 23(b)(3)'s ascertainability
requirement.
Accordingly, Plaintiff has fallen short of establishing
ascertainability. Like numerosity, ascertainability is a
prerequisite to class certification under Rule 23(b)(3).
Plaintiff’s failure to satisfy each Rule 23 requirement by a
preponderance of the evidence mandates denial of his motion for
class certification.
The Plaintiff seeks to certify the following class:
"All natural persons with an address in the United States and
its
Territories about whom Defendants communicated a GRID report to
Capital One, N.A. between September 14, 2018 and the date of
the
class certification order, and whose Capital One, N.A.
account(s)
were closed in whole or in part based upon information in the
GRID
report."
The Plaintiff Jeffrey N. Carr, Sr. brings this putative class
action against the Defendants, alleging claims under Sections
1681e(b), 1681e(c), and 1681g of the Fair Credit Reporting Act
("FCRA"), along with claims for negligence and tortious
interference.
In July 2020, one of Defendants’ customers, Capital One, queried
the name “Jeffrey Carr” and a date of birth into GRID. Id. at
142:21-143:12. A GRID report was issued to Capital One that
included an article published in the Virginia Lawyers’ Weekly
regarding an individual named Jeffrey Carr who had been convicted
of various trafficking offenses in 2018.
In August 2020, Capital One closed Plaintiff’s account based on
the mistaken belief that the trafficking convictions were
Plaintiff’s; in reality, the convictions belonged to his son
Jeffrey Nigel Carr, Jr.
Regulatory DataCorp provides comprehensive risk and compliance
protection services.
A copy of the Court's order dated Aug. 26, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=uyuBej at no extra
charge.[CC]
ROBERT LUNA: Court Certifies Two Classes of Prisoners in Boyd Suit
------------------------------------------------------------------
In the class action lawsuit captioned as J.L. BOYD, etc. v. ROBERT
LUNA, et al., Case No. 2:24-cv-05716-SPG-AJR (C.D. Cal.), the
Plaintiff asks the Court to enter an order certifying a class two
classes of prisoners at the Los Angeles County Mens' Central Jail
that are comprised by (1) pre-trial detainees, and (2) convicted
prisoners, and oral argument will be heard as set forth above.
A L.R. 7-3 conference was held, more than two weeks before the
instant motion will have been filed, and no resolution of the
issues raised by this motion was reached.
All conditions for the certification of a damages class and an
injunctive relief class have been met, and it would make eminent
sense for the two classes to be certified, and for the court to
issue the order requested to make easy identification of class
members and to preserve the identities of class members.
This memorandum of points and authorities is submitted in support
of plaintiff's motion for class certification of the class of
persons consisting of prisoners over the past four years in the Los
Angeles County Mens' Central Jail, that number approximately
300,000.
The Defendant is
A copy of the Plaintiff's motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Y68mBZ at no extra
charge.[CC]
The Plaintiff is represented by:
Stephen Yagman, Esq.
YAGMAN + REICHMANN, LLP
333 Washington Boulevard
Venice Beach, CA 90292-5152
Telephone: (310) 452-3200
E-mail: filing@yagmanlaw.net
RUSSELL INVESTMENTS: Court Certifies Class of Plan Participants
---------------------------------------------------------------
In the class action lawsuit captioned as DANNY WANEK, JUAN DUARTE,
and RICK RUBERTON, as representatives of a class of similarly
situated persons, and on behalf of the Caesars Entertainment
Corporation Savings & Retirement Plan, v. RUSSELL INVESTMENTS TRUST
COMPANY, CAESARS HOLDINGS, INC., THE PLAN INVESTMENT COMMITTEE, and
THE 401(K) PLAN COMMITTEE, Case No. 2:21-cv-00961-CDS-BNW (D.
Nev.), the Hon. Judge Cristina Silva entered an order accepting
stipulation regarding class certification.
The Court finds that the requirements of Federal Rule of Civil
Procedure 23(a) and 23(b)(1) are satisfied, and certifies the
following class:
"all participants and beneficiaries of the Plan at any time
from
Aug. 1, 2017 through Dec. 17, 2021, excluding any employees of
Caesars with responsibility for the Plan's investment or
administrative functions."
The Plaintiff's motions to certify class [ECF No. 179] and [ECF No.
187] are denied as moot.
Russell operates as an investment advisor.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=fua0uJ at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul S. Padda, Esq.
PAUL PADDA LAW, PLLC
4560 South Decatur Blvd., Suite 300
Las Vegas, NV 89103
Telephone: (702) 366-1888
E-mail: psp@paulpaddalaw.com
- and -
Paul J. Lukas, Esq.
Brock J. Specht, Esq.
Benjamin J. Bauer, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center
80 S 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
E-mail: lukas@nka.com
bspecht@nka.com
bbauer@nka.com
The Defendants are represented by:
D. Matthew Moscon, Esq.
Nancy G. Ross, Esq.
MAYER BROWN LLP
201 South Main Street, Suite 1100
Salt Lake City, UT 84111
Telephone: (801) 907-2703
E-mail: mmoscon@mayerbrown.com
nross@mayerbrown.com
- and -
Patrick H. Hicks, Esq.
Diana G. Dickinson, Esq.
LITTLER MENDELSON P.C.
3960 Howard Hughes Parkway, Suite 300
Las Vegas, Nevada 89169-5937
Telephone: (702) 862-8800
E-mail: phicks@littler.com
ddickinson@littler.com
- and -
Sean M. Murphy, Esq.
Robert C. Hora, Esq.
MILBANK LLP
55 Hudson Yards
New York, NY 10001
Telephone: (212) 530-5000
- and -
Rew R. Goodenow, Esq.
Michael R. Kealy, Esq.
PARSONS, BEHLE & LATIMER
50 West Liberty Street, Suite 750
Reno, NV 89501
Telephone: (775) 323-1601
SAM'S WEST: Sanchez Seeks Court Decision on Class Cert Bid
----------------------------------------------------------
In the class action lawsuit captioned as CARLOS SANCHEZ,
individually and on behalf of other individuals similarly situated,
v. SAM'S WEST, INC. dba SAM'S CLUB, an Arkansas corporation, Case
No. 2:21-cv-05122-SVW-JC (C.D. Cal.), the Plaintiff asks the Court
to render and file a decision on Plaintiff's renewed motion for
class certification pursuant to local rule 83-9.2.
The Court took Plaintiff's Renewed Motion for Class Certification
and related filings, under submission on March 4, 2024 (121
business days and 173 calendar days prior to the filing date of
this Joint Request Pursuant to Local Rule 83-9.2).
The Court has not yet rendered and filed its decision on the
Plaintiff's Motion.
Sam's West is an American chain of membership-only warehouse club
retail stores owned and operated by Walmart Inc.
A copy of the Plaintiff's motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=4sVkfx at no extra
charge.[CC]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Corey S. Smith, Esq.
BRADLEY/GROMBACHER LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Telephone: (805) 270-7100
Facsimile: (805) 270-7589
E-mail: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
csmith@bradleygrombacher.com
- and -
Sahag Majarian, II, Esq.
MAJARIAN LAW GROUP APC
18250 Ventura Boulevard
Tarzana, CA 91356
Telephone: (818) 609-0807
Facsimile: (818) 609-0892
E-mail: sahagii@aol.com
SEA LIMITED: Filing for Class Cert in Laborers Due March 7, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Laborers District Council
Construction Industry Pension Fund, et al., v. Sea Limited, et al.,
Case No. 2:23-cv-01455-DLR (D. Ariz.), the Hon. Judge Douglas Rayes
entered an order granting the parties' Joint Motion for Order
Setting Case Schedule as follows:
(1) The Defendants shall file their answer to the consolidated
complaint on or before Oct. 18, 2024.
(2) The Plaintiff shall file its motion for class certification
on
or before March 7, 2025; Defendants shall file their
opposition
to the motion for class certification on or before May 2,
2025;
and the Plaintiff shall file its reply in further support of
its motion for class certification on or before June 27,
2025.
(3) The parties shall complete fact discovery by no later than
Dec. 5, 2025.
(4) The parties shall serve any affirmative expert reports by no
later than Jan. 30, 2026; any rebuttal expert reports must
be
served by no later than March 6, 2026; and the parties shall
complete expert discovery, including depositions, by no
later
than April 10, 2026
Sea Limited is a leading global consumer internet company.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=ArJi2P at no extra
charge.[CC]
SELECT REHABILITATION: Plaintiffs Seek OK of Protective Order Bid
-----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN, Et
al., v. SELECT REHABILITATION LLC, Case No. 3:22-cv-00059-HES-MCR
(M.D. Fla.), the Plaintiffs asks the Court to enter granting motion
for protective order re: precertification depositions unilaterally
set by Select.
The Plaintiffs, seek an Order of Protection under rule 26 for
Defendant's unilaterally noticed depositions of all Opt-in
Plaintiffs and absent class members, and witnesses whose
declarations were used in support of the Plaintiffs' motion for
class certification.
Select must be limited to first taking Class Rep. Scott Hardt's
depo. Select then must be required to demonstrate to this Court a
sufficient need for ANY more depositions, proving it could not have
obtained the information related to the Rule 23 issues it seeks
from Hardt, or already possesses such information from its own
records, employees all the prior declarations, the 216(b)
Plaintiffs, and discovery in this case.
Further, and alternatively, if this Court does allow the Defendant
depositions beyond Class Rep Hardt, depositions should be limited
to:
a) the issues of numerosity, typicality, and commonality, and
by
written depositions, as per Rule 31, reviewed by Plaintiffs
and
approved by this Court;
b) or should be limited to 3 hrs;
c) conducted within 30 miles of the deponent's residence or
remotely;
d) limited to three (3) of the nine (9) opt-in Plaintiffs who
submitted declarations and Rule 23 class members, not Quinn
(witness), and not the four (4) absent class members since
there are already opt in plaintiff Therapists and Rule 23
class
members in this case.
In fairness and to mitigate the prejudice suffered by Plaintiffs,
Plaintiffs also must be afford the opportunity to both depose
declarants Select relies upon in opposing the Rule 23 motion, but
then be able to file a reply brief, with evidence and records which
it had been blocked and prevented from obtaining prior to the Rule
23 Class Certification Motion filed on June 11, 2024.
The Plaintiffs were forced to file their Motion for Class
Certification, without the discovery sought by Select, who
obstructed and objected to it all.
This Court struck Plaintiffs' motion to compel, and yet after more
conferrals, Select refuses to withdraw objections.
Select Rehabilitation provides comprehensive therapy services.
A copy of the Plaintiffs' motion dated Aug. 28, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EnXJsp at no extra
charge.[CC]
The Plaintiffs are represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
12610 Race Track Road #225
Tampa, FL 33626
Telephone: (813) 639-9366
E-mail: mfeldman@flandgatrialattorneys.com
- and -
Benjamin L. Williams, Esq.
WILLIAMS LAW P.A.
123 18th Avenue N. Unit A
Jacksonville Beach, FL 32250
Telephone: (904)-580-6060
E-mail: bwilliams@williamslawjax.com
SELECT REHABILITATION: Plaintiffs Seek to Overrule Objections
-------------------------------------------------------------
In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN,
CRYSTAL VANDERVEEN, JUSTIN LEMBKE, SCOTT HARDT Individually And on
behalf of all others similarly situated, v. SELECT REHABILITATION
LLC, Case No. 3:22-cv-00059-HES-MCR (M.D. Fla.), the Plaintiffs ask
the Court to enter and order that:
a) overrules Defendant's objections and determine that the
Defendant's objections were made for the purpose of stall,
delay
and to prejudice the Plaintiff on the Rule 23 motion;
b) determines that the Defendant lacked good faith in asserting
its' objections and issue an order compelling the Defendant
to
produce all responsive records within 14 days.
c) award any other further relief this Court deems just and
proper.
PThe Defendant has acted in bad faith by refusing to produce
discoverable records and information; by making representations to
produce information then failing to honor its representations.
The Plaintiffs have sought discoverable information since November
2022. For over a year and a half no records have been produced, no
dates for production identified and not a single paper or ESI file
has been produced.
Select refuses to withdraw any of its objections and no amended
response has been provided. Absent a court order, Defendant will
not comply with its discovery obligations here. Defendant’s
abusive, and vexatious conduct to block and withhold and prevent
discovery while blaming Plaintiffs for their actions is shocking
but clearly an intentional, concerted plan to prejudice plaintiffs
akin to Collins-Williams v. Contour Eastwyck LLC, Case No.
1:20-CV-3129-CAP, 2022 U.S. Dist. LEXIS 231275, at 360-61 (N.D. Ga.
Dec. 15, 2022).
After numerous phone calls and emails, and exhausting efforts to
get Defendant to withdraw objections and produce the records,
Plaintiffs were forced to seek the court’s assistance and filed a
motion to compel for these records on 09/15/2023, now 11 months
ago.
The Plaintiffs suffered significant prejudice because they had to
file the Motion for Class certification May 11, 2024 without these
records and denied the ability to obtain these records to support
the motion which were never produced, and never ruled upon. Select
Rehab is effectively being rewarded for objecting and refusing to
produce these records.
The Plaintiffs suffered real prejudice by having to file for Rule
23 class certification without the opportunity for the corporate
representative deposition, which was to cover all the Illinois Rule
23 issues and topics.
Select Rehabilitation provides comprehensive therapy services with
qualified licensed professionals in a variety of clinical
settings.
A copy of the Plaintiffs' motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=0j0ors at no extra
charge.[CC]
The Plaintiffs are represented by:
Mitchell L. Feldman, Esq.
FELDMAN LEGAL GROUP
12610 Race Track Road #225
Tampa, FL 33626
Telephone: (813) 639-9366
E-mail: mfeldman@flandgatrialattorneys.com
- and -
Benjamin L. Williams, Esq.
WILLIAMS LAW P.A.
123 18th Avenue N. Unit A
Jacksonville Beach, FL 32250
Telephone: (904) 580-6060
E-mail: bwilliams@williamslawjax.com
SELECTQUOTE INSURANCE: Sends Unwanted Marketing Calls, McCann Says
------------------------------------------------------------------
PATRICK EDWARD MCCANN, individually and on behalf of all others
similarly situated, Plaintiff v. SELECTQUOTE INSURANCE SERVICES
INC., Defendant, Case No. 2:24-cv-12261-LJM-APP (E.D. Mich., August
29, 2024) is a class action against the Defendants for violation of
the Telephone Consumer Protection Act of 1991.
According to the complaint, the Defendant transmitted calls to the
telephone numbers of the Plaintiff and similarly situated consumers
in an attempt to promote its products and services despite their
numbers are already placed on the National Do Not Call Registry.
The Plaintiff and putative Class members never consented to receive
these calls. As a result of the Defendant's misconduct, the
Plaintiff and Class members suffered damages.
Selectquote Insurance Services Inc. is an insurance company based
in Overland Park, Kansas. [BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, PC
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
Email: anthony@paronichlaw.com
SIMPSON STRONG-TIE: Salhorta Seeks to Certify Two Classes
---------------------------------------------------------
In the class action lawsuit captioned as RAVI SALHOTRA, SANDHYA
SALHOTRA, MELISSA CARD, FEI ALLEN, SABRINA TUMELSON, and MAURICE
VAN ROEKEL AS TRUSTEE OF THE VAN ROEKEL SURVIVOR'S TRUST, on behalf
of themselves and all others similarly situated, v. SIMPSON
STRONG-TIE COMPANY, INCORPORATED, a California corporation; SIMPSON
MANUFACTURING COMPANY, INCORPORATED, a Delaware corporation; and
DOES 1 through 200, inclusive, Case No. 3:19-cv-07901-TLT (N.D.
Cal.), the Plaintiffs will move the Court for a Motion for Class
Certification on Oct. 29, 2024, pursuant to Federal Rule of Civil
Procedure 23.
The Plaintiffs seek certification of a nationwide class or, in the
alternative, a California class. Alternatively, the Court may
maintain issue certification pursuant to Rule 23(c)(4), the
Plaintiff says.
The Plaintiffs seek to certify, claims pursuant to California law
for breach of express warranty and UCL's unfairness prong. The
Plaintiffs define the classes as follows:
National Class:
"All individuals in the United States who own residential
structures constructed with Simpson HD Strap-Tie Holdowns
and/or
Simpson MAS Mudsill Anchors embedded in the foundations and all
prior owners of residential structures who paid to repair
and/or
replace Simpson HD Strap-Tie Holdowns and/or Simpson MAS
Mudsill
Anchors."
California Class:
"All individuals in California who own residential structures
constructed with Simpson HD Strap-Tie Holdowns and/or Simpson
MAS
Mudsill Anchors embedded in the foundations and all prior
owners
of residential structures who paid to repair and/or replace
Simpson HD Strap-Tie Holdowns and/or Simpson MAS Mudsill
Anchors."
Pursuant to Federal Rule of Civil Procedure 23(b) ("Rule 23"), the
Plaintiffs seek to certify claims for breach of express warranty
and California's Unfair Competition Law (unfairness).
The Plaintiffs are California homeowners who purchased homes with
Simpson Products embedded in the foundations. These Products suffer
from inherent design defects resulting in premature corrosion.
Simpson designs and sells structural connectors intended to anchor
a home to its concrete foundation.
A copy of the Plaintiffs' motion dated Aug. 27, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vDc14X at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
Marie Appel, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 846-3862
Facsimile: (415) 358-6923
E-mail: mram@forthepeople.com
mappel@forthepeople.com
- and -
Graham B. LippSmith, Esq.
MaryBeth LippSmith, Esq.
Celene Chan Andrews, Esq.
LIPPSMITH LLP
555 S. Flower Street, Suite 3000
Los Angeles, CA 90071
Telephone: (213) 344-1820
Facsimile: (213) 513-2495
E-mail: g@lippsmith.com
mb@lippsmith.com
cca@lippsmith.com
- and -
Kenneth S. Kasdan, Esq.
Scott J. Thomson, Esq.
KASDAN TURNER
THOMSON BOOTH, LLP
1280 Civic Drive., Suite 200
Walnut Creek, CA 94596
Telephone: (925) 906-9220
Facsimile: (925) 906-9221
E-mail: kskasdan@kasdancdlaw.com
sthomson@kasdancdlaw.com
- and -
Stephen G. Larson, Esq.
Paul A. Rigali, Esq.
LARSON LLP
555 S. Flower Street, Suite 3000
Los Angeles, CA 90071
Telephone: (213) 436-4888
Facsimile: (213) 623-200
E-mail: slarson@larsonllp.com
prigali@larsonllp.com
SK ENERGY: Class Settlement in Antitrust Suit Wins Initial Nod
--------------------------------------------------------------
In the class action lawsuit re California Gasoline Spot Market
Antitrust Litigation, Case No. 3:20-cv-03131-JSC (N.D. Cal.), the
Hon. Judge Jacqueline Scott Corley entered an order granting
preliminary approval of the class action settlement as follows:
1. This action is provisionally certified as a class action, for
settlement purposes only, pursuant to Federal Rule of Civil
Procedure 23. The Court preliminarily certifies the following
Settlement Class: (a) natural persons who, at the time of
purchase, were not residents of the State of California, and
(b)
all Persons that are not natural persons, wherever located,
that: (i) purchased Gasoline from a retailer, (ii) for their
own
use and not for resale, (iii) within the State of California,
(iv) from February 18, 2015, through May 31, 2017.
Excluded from the Settlement Class are:
(a) the California Attorney General, bringing suit in the
name
of the People of the State of California, including in
his
role as parens patriae for natural persons residing in
the
State of California, as pleaded in the complaint in the
People's Action;
(b) Defendants;
(c) officers, directors, employees, legal representatives,
heirs, successors, or wholly or partly owned subsidiaries
or
affiliated companies of Defendants;
(d) Settlement Class Counsel and their respective partners
and
employees;
(e) the Court and other judicial officers, their immediate
family members, and associated court staff assigned to
the
Action and the People's Action; and
(f) those individuals who timely and validly exclude
themselves
from the Settlement Class.
The Court conditionally appoints Dena C. Sharp of Girard Sharp LLP
and Christopher L. Lebsock of Hausfeld LLP as Settlement Class
Counsel.
The Court appoints Huntington National Bank as the escrow agent to
maintain the Settlement Fund, which the Court establishes as a
"qualified settlement fund" within the meaning of Treasury
Regulation Section 1.
The Court appoints Verita Global, LLC f/k/a KCC Class Action
Services, LLC as the Settlement Administrator, and approves the
payment of reasonable administration costs to the Settlement
Administrator from the proceeds of the Settlement, not to exceed
$500,000 without further Court order prior to the Effective Date.
The Plaintiffs shall file copies of the notices and claim form
within 10 days of dissemination of notice.
The Court approves of the deadline timing as set forth in the
proposed order. Because the parties have agreed these deadlines are
triggered by the later date of preliminary approval between this
Court and the San Francisco Superior Court, the parties shall file
a proposed order inserting actual dates within three business days
of the San Francisco Superior Court's Order.
Having weighed the relevant factors, the Court preliminarily finds
that the settlement agreement is fair, reasonable, and adequate.
The Plaintiffs filed this putative class action bringing state
antitrust and unjust enrichment claims against SK Energy Americas,
Inc., Vitol Inc., and two individual defendants alleging Defendants
formed horizonal agreements to restrain competition and manipulate
the spot market for gasoline and gasoline blending components
formulated for use in California.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=Nla06r at no extra
charge.[CC]
SOODAKS INC: Igartua Sues Over Online Store's Access Barriers
-------------------------------------------------------------
JUAN IGARTUA, on behalf of himself and all others similarly
situated, Plaintiff v. SOODAKS, INC. d/b/a VERDI, Defendant, Case
No. 1:24-cv-06568 (S.D.N.Y., August 30, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York City Human Rights Law, the New
York State Human Rights Law, and the New York State Civil Rights
Law, and for declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.verdicannabis.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text (alt-text) or a text
equivalent, empty links that contain no text, redundant links, and
linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Soodaks, Inc., doing business as Verdi, is a company that sells
online goods and services, doing business in New York. [BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
JOSEPH & NORINSBERG, LLC
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
Email: jon@norinsberglaw.com
bennitta@employeejustice.com
SOUTH CAROLINA: Misanin Balks at Transgender Impact of House Bill
-----------------------------------------------------------------
STERLING MISANIN, on his own behalf and on behalf of those
similarly situated; JANE DOE, on her own behalf and on behalf of
those similarly situated; JILL RAY, on her own behalf and on behalf
of those similarly situated; NINANOE, by and through her parent and
next friend, Nancy Noe, on her own and on behalf of those similarly
situated; NANCY NOE, on her own and on behalf of those similarly
situated; GRANT GOE, by and through his parent and next friend,
Gary Goe, on his own and on behalf of those similarly situated;
GARY GOE, on his own and on behalf of those similarly situated,
Plaintiffs v. ALAN WILSON, in his official capacity as Attorney
General of South Carolina; SOUTH CAROLINA DEPARTMENT OF HEALTH AND
HUMAN SERVICES (DHHS); ROBERT KERR, in his official capacity as
Director of DHHS; SOUTH CAROLINA PUBLIC EMPLOYEE BENEFIT AUTHORITY
(PEBA); PEGGY BOYKIN, in her official capacity as Executive
Director of South Carolina PEBA; MEDICAL UNIVERSITY OF SOUTH
CAROLINA (MUSC); JAMES LEMON; GUY CASTLES III; DONALD R. JOHNSON
II; RICHARD M. CHRISTIAN, JR.; HENRY FREDERICK BUTEHORN III; G.
MURRELLSMITH, SR.; W. MELVIN BROWN III; PAUL T. DAVIS; MICHAEL E.
STAVRINAKIS; WILLIAM H. BINGHAM, SR.; CHARLES W. SCHULZE; THOMAS L.
STEPHENSON; TERRI R. BARNES; BARBARA JOHNSON-WILLIAMS; THE
HONORABLE JAMES A. BATTLE, JR.; BARTLETT J. WITHERSPOON, JR., each
in their official capacities as board members of MUSC; DAVID COLE,
in his official capacity as President of MUSC, Defendants, Case No.
2:24-cv-04734-BHH (D.S.C., August 29, 2024) is a class action
against the Defendants for violations of the Fourteenth Amendment,
Section 1557 of the Affordable Care Act, the Medicaid Act, the
Americans With Disabilities Act, and the Rehabilitation Act.
The Plaintiffs bring this class action complaint against the
Defendants to challenge the enforcement of the House Bill 4624 (H
4624). According to the complaint, the H 4624 broadly prohibits
healthcare professionals from providing medically necessary and
potentially lifesaving gender-affirming healthcare to transgender
adolescents, even though these treatments are available to
cisgender adolescents. The new law also prohibits public funds from
being used to fund any gender-affirming care, regardless of the age
of the patient, and prevents Medicaid from reimbursing or providing
coverage, depriving transgender people across South Carolina of
necessary medical care. The Plaintiffs argue that the H 4624 not
only gravely threatens the health and wellbeing of transgender
adolescents and adults in South Carolina; it is unconstitutional
and violates federal statutory prohibitions on discrimination based
on sex and disability.
South Carolina Department of Health and Human Services (DHHS) is an
agency in South Carolina.
South Carolina Public Employee Benefit Authority (PEBA) is an
agency that manages health plans in South Carolina.
Medical University of South Carolina (MUSC) operates medical
facilities in South Carolina. [BN]
The Plaintiffs are represented by:
Allen Chaney, Esq.
Meredith McPhail, Esq.
ACLU OF SOUTH CAROLINA
P.O. Box 1668
Columbia, SC 29202
Telephone: (864) 372-6881
Email: achaney@aclusc.org
mmcphail@aclusc.org
- and -
Sruti Swaminathan, Esq.
Harper Seldin, Esq.
AMERICAN CIVIL LIBERIES UNION FOUNDATION
125 Broad St., Fl. 18
New York, NY 10004
Telephone: (212) 549-2500
Email: hseldin@aclu.org
sswaminathan@aclu.org
- and -
David S. Flugman, Esq.
Corey Stoughton, Esq.
Julie Singer, Esq.
SELENDY GAY PLLC
1290 Avenue of the Americas
New York, NY 10104
Telephone: (212) 390-9000
Email: dflugman@selendygay.com
cstoughton@selendygay.com
jsinger@selendygay.com
SOUTH FLORIDA: Martinez Consumer Suit Removed to S.D. Fla.
----------------------------------------------------------
The case styled EDUARDO MARTINEZ and DANIEL GRANDE, on behalf of
themselves and all others similarly situated v. SOUTH FLORIDA
STADIUM LLC, d/b/a HARD ROCK STADIUM, CONFEDERACION SUDAMERICANA DE
FUTBOL, d/b/a CONMEBOL, CONFEDERATION OF NORTH, CENTRAL AMERICA AND
CARIBBEAN ASSOCIATION FOOTBALL D/B/A CONCACAF, and BEST CROWD
MANAGEMENT, INC., Case No. 2024-013325-CA-01, was removed from the
Circuit Court of the Eleventh Judicial Circuit in and for
Miami-Dade County, Florida, to the U.S. District Court for the
Southern District of Florida on August 29, 2024.
The Clerk of Court for the Southern District of Florida assigned
Case No. 1:24-cv-23324 to the proceeding.
The case arises from the Defendants' failed security and crowd
control measures at the Copa America final held at Hard Rock
Stadium on July 14, 2024, which led to ticketholders being denied
access to the stadium. The Plaintiffs bring putative class claims
against the Defendants for negligence and unjust enrichment.
South Florida Stadium LLC, doing business as Hard Rock Stadium, is
a stadium operator based in Florida.
Confederacion Sudamericana de Futbol, doing business as CONMEBOL,
is the continental governing body of football in South America
located in Paraguay.
Confederation of North, Central America and Caribbean Association
Football, doing business as CONCACAF, is the continental governing
body of football based in Miami, Florida.
Best Crowd Management, Inc. is a crowd management and event
security services based in Minnesota. [BN]
The Defendant is represented by:
Melissa C. Pallett-Vasquez, Esq.
Matthew W. Tieman, Esq.
BILZIN SUMBERG BAENA PRICE & AXELROD LLP
1450 Brickell Avenue, Suite 2300
Miami, FL 33131
Telephone: (305) 350-2393
Facsimile: (305) 374-7593
Email: mpallett@bilzin.com
mtieman@bilzin.com
STAKE CENTER: Utility Locators Win Class Status
-----------------------------------------------
In the class action lawsuit captioned as ADRAIN MONROE and ANDRELL
WHITE, Individually and for Others Similarly Situated, v. STAKE
CENTER LOCATING, LLC, Case No. 2:23-cv-00692-EWH-RJK (E.D. Va.),
the Plaintiffs ask the Court to enter an order certifying a class
identical to that certified in Wolfe, albeit for Virginia (instead
of Pennsylvania) workers.
Specifically, the Plaintiffs seek an Order:
-- certifying a class action on behalf of a class (Class) defined
as:
"All individuals who worked for SCL as hourly Utility Locators
in
Virginia who were subject to SCL's 'ticket to ticket' policy,
meal
break policy, vehicle pay scheme, and/or per diem pay scheme at
any time during the 3 years prior to the filing of this
Complaint
until final resolution of this action (Class Members)."
-- appointing Monroe and White, as representatives for the Class;
-- appointing Michael Josephson, Andrew Dunlap, Richard Schreiber,
Richard (Rex) Burch, and Zev H. Antell, as Class Counsel;
-- authorizing Monroe and White to send their Proposed Notice to
Class Members; and
-- directing SCL to furnish to Plaintiffs in electronically
readable
form the names, telephone numbers, last known addresses and
email
addresses of all members of the Class, and Social Security
Numbers
for all Class Members whose Notice is returned as undeliverable
without a forwarding addressing, so Plaintiffs can issue class
notice.
The Plaintiffs, are two of the many Stake Center Locating, Inc.
(SCL) Utility Locators bringing identical claims against SCL across
the country for violating wage and hour laws.
Stake Center is a leader in high-risk infrastructure and fiber
optic network locating.
A copy of the Plaintiffs' motion dated Aug. 26, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KUZD7p at no extra
charge.[CC]
The Plaintiffs are represented by:
Harris D. Butler, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
Samantha R. Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
STORYBUILT LLC: Plante Class Cert Bid Referred to Judge Howell
--------------------------------------------------------------
In the class action lawsuit captioned as Plante, et al., v.
StoryBuilt, LLC, et al., Case No. 1:23-cv-01021 (W.D. Tex., Filed
Aug. 30, 2023), the Hon. Judge David A. Ezra entered an order
referring motion to certify class to Judge Dustin M. Howell.
The suit alleges violation of the WARN Act (Worker Adjustment and
Retraining Notification).[CC]
STRATEGIC DELIVERY: Filing for Class Cert. Bids Due Dec. 16
-----------------------------------------------------------
In the class action lawsuit captioned as Abdisalam v. Strategic
Delivery Solutions, LLC, Case No. 1:24-cv-12141 (D. Mass., Filed
Aug. 20, 2024), the Hon. Judge Richard G Stearns entered an order
setting the following pretrial schedule:
-- Initial disclosures required by Sept. 23, 2024
Fed. R. Civ. P. 26(a)(1) will
be completed by:
-- If there is disagreement as to Nov. 25, 2024
the delineation of the plaintiff
class, class discovery will be
completed by:
-- Class certification motions will Dec. 16, 2024
be filed by:
with any opposition by: Jan. 6, 2025
-- If there is no disagreement as to Feb. 6, 2025
delineation of the class (the
class parameters appear clear),
all fact discovery will be
completed by:
-- If class discovery and certification April 25, 2025
is necessary, all fact discovery
will be completed by:
The nature of suit states labor litigation.
SDS is a transportation and technology company focusing
specifically on the needs of the healthcare marketplace.[CC]
STREETTEAM SOFTWARE: Ulmer Seeks Extension of Class Cert Deadline
-----------------------------------------------------------------
In the class action lawsuit captioned as TAYLER ULMER; SERGIO
GIANCASPRO; CORI ERSHOWSKY; ALEXIS GERACI; JAMERE BOWERS; and ADAKU
IBEKWE, individually and on behalf of all others similarly
situated, v. STREETTEAM SOFTWARE, LLC d/b/a POLLEN; NETWORK TRAVEL
EXPERIENCES, INC; JUSEXPERIENCES UK LIMITED; CALLUM NEGUS-FANCEY;
LIAM NEGUS-FANCEY; and JAMES ELLIS, Case No. 2:23-cv-02226-HDV-AGR
(C.D. Cal.), the Plaintiffs will apply pursuant to Fed. R. Civ. P.
16 for an order extending the Sept. 10, 2024 deadline for
Plaintiffs to move for class certification, by 30 days to Oct. 10,
2024.
This Application is made on the following grounds. Obtaining
discovery in support of class certification has proven extremely
difficult due to various factors, including (a) the entity
defendants have closed and are in default and unavailable for
discovery purposes; (b) the individual defendants have not
responded properly to discovery or provided significant information
bearing on certification; and (c) the process of obtaining
discovery from the corporate defendants' overseas parent has proven
more time consuming and difficult than anticipated.
The Plaintiffs are, thus, in the process of gathering evidence
directly from prospective class members, defendants' former
employees, but this process will take significant time given that
the former employees are located throughout the country and have
not worked for the defendant entities in over two years.
Plaintiffs' lead counsel also has had unavoidable conflicts with
other matters, including an impending trial date in a complex case
in another court.
The Defendants have indicated that they "may" object to the
Application but do not currently know whether they will do so.
This Application is based on this Notice of Application, and
Application, the attached Memorandum of Points and Authorities, the
accompany Declarations of Meredith Firetog and Damion Robinson, the
records and files, and such other matter as the Court may
consider.
The Plaintiffs bring this case on behalf of hundreds of displaced
employees of defendants StreetTeam Software, LLC d/b/a Pollen,
Network Travel Experiences, Inc., and JusExperiences UK Limited.
The Pollen Entities suffered major financial setbacks in 2022 and
halted payroll and benefits to all employees in June of 2022.
The Plaintiffs filed this action to recover the six weeks of back
pay and benefits as well as amounts owed under the WARN Act for
failure to give proper notice of the layoffs.
StreetTeam is a company that operates in the Travel Agencies &
Services industry.
A copy of the Plaintiffs' motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qpK6mt at no extra
charge.[CC]
The Plaintiffs are represented by:
Damion D. D. Robinson, Esq.
DIAMOND McCARTHY LLP
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (310) 979-8700
Facsimile: (310) 979-8701
E-mail: damion.robinson@diamondmccarthy.com
- and -
Meredith Firetog, Esq.
William Baker, Esq.
WIGDOR LLP
85 5th Avenue, Floor 5 New York, NY 10003
Telephone: (212) 257-6800
E-mail: mfiretog@wigdorlaw.com
wbaker@wigdorlaw.com
STRONGHOLD DIGITAL: Must Oppose Class Cert Bid by Oct. 15
---------------------------------------------------------
In the class action lawsuit captioned as Winter v. Stronghold
Digital Mining, Inc., et al., Case No. 1:22-cv-03088-RA-GS
(S.D.N.Y.), the Hon. Judge Gary Stein entered an order granting an
extension for the Defendants to file their opposition to Lead
Plaintiff's motion for Class Certification to Oct. 15, 2024 and an
extension to Dec. 2, 2024 for Lead Plaintiff to file its reply in
further support of the motion.
Stronghold is a crypto asset mining company.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kKAeWK at no extra
charge.[CC]
The Defendants are represented by:
Jonathan Stern, Esq.
ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: jstern@rosenlegal.com
STURM & RUGER: Plaintiffs' Bid for Class Cert Due March 19, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Jones v. Sturm, Ruger &
Co., Inc., Case No. 3:22-cv-01233 (D. Conn., Filed Oct. 4, 2022),
the Hon. Judge Kari A. Dooley entered an order granting in part
motion to stay pending mediation:
The case deadlines are modified as follows to facilitate settlement
efforts:
-- Defendants shall disclose their class Jan. 20, 2025
certification rebuttal experts by:
-- Class certification discovery is due by: Feb. 19, 2025
-- Plaintiffs' motion for class March 19, 2025
certification is due by:
-- Defendants' opposition by: April 21, 2025
Plaintiffs' reply by: May 12, 2025
The nature of suit states torts -- personal property -- other
personal property damage.
Ruger is an American firearm manufacturing company based in
Southport, Connecticut, with production facilities also in Newport,
New Hampshire; Mayodan, North Carolina; and Prescott, Arizona.[CC]
SUN ENERGY: Lawrence Suit Seeks to Certify Class of Employees
-------------------------------------------------------------
In the class action lawsuit captioned as JUSTIN LAWRENCE,
individually and on behalf of similarly situated individuals, v.
SUN ENERGY SERVICES LLC d/b/a DEEP WELL SERVICES, Case No.
2:23-cv-02155-CCW (W.D. Pa.), the Plaintiff asks the Court to enter
an order conditionally certifying the class and granting leave for
the Representative Plaintiff to pursue court-facilitated of notice
pursuant to Section 16(b) of the Fair Labor Standards Act ("FLSA"),
to the following class of potential plaintiffs:
"All current and former employees of Sun Energy Services LLC
d/b/a
Deep Well Services (“Deep Well”) who have worked in the
United
States in any of the following positions in the last three
years:
(1) Greenhat, (2) Leadhand, (3) Roughneck, or (4) Snubbing
Operator (the "Putative Class Members")."
A copy of the proposed Notice and Consent Form to be sent to such
putative opt-in plaintiffs is attached as Exhibit A for the Court's
review and consideration.
The factual and legal arguments in support of this Motion are set
forth in the Brief in Support of Plaintiff's Motion for Conditional
Certification and Court-Facilitated Notice, filed concurrently
herewith.
Sun Energy provides oilfield services.
A copy of the Plaintiff's motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ucC4FE at no extra
charge.[CC]
The Plaintiff is represented by:
Trang Q. Tran, Esq.
TRAN LAW FIRM
800 Town and Country Blvd. Suite 500
Houston, TX 77024
Telephone: (713) 223–8855
E-mail: trang@tranlf.com
service@tranlf.com
SUSIE Q 16: Fails to Pay Proper Wages, Dubin Alleges
----------------------------------------------------
ASHER DUBIN, individually and on behalf of all others similarly
situated, Plaintiff v. SUSIE Q 16, INC. D/B/A PHILIP'S STEAKS,
Defendant, Case No. 2:24-cv-04466 (E.D. Pa., Aug. 26, 2024) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Dubin was employed by the Defendant as a cook.
Susie Q 16, Inc. d/b/a Philip's Steaks is engaged as a restaurant,
featuring cheesesteaks and similar sandwich items. [BN]
The Plaintiff is represented by:
Johannes Hoffman, Esq.
MURPHY LAW GROUP, LLC
Eight Penn Center, Suite 2000
1628 John F. Kennedy Blvd.
Philadelphia, PA 19103
Tel: (267) 273-1054
Fax: (215) 525-0210
Email: jhoffman@phillyemploymentlawyer.com
SUTHERLAND GLOBAL: Savage Class Certification Bid Tossed
---------------------------------------------------------
In the class action lawsuit captioned as ASHLEY SAVAGE, DAVID
LEINDLEIN, RONALD COHEN, AND JAMES SHERBURNE, individually and as
representatives of similarly situated persons, and on behalf of the
Plan, v. SUTHERLAND GLOBAL SERVICES, INC., CVAGS, LLC d/b/a
CLEARVIEW GROUP, SHILPA KONDA, DIANA MOHORTER, LORI D’AMBROSIO,
KATHLEEN DECANN, and JOHN DOES 1-20, Case No. 6:19-cv-06840-EAW-MWP
(W.D.N.Y.), the Hon. Judge Elizabeth Wolford entered an order
denying the Plaintiffs' motion for class certification,
Sutherland's motion to seal, and the Plaintiffs' motion to seal.
The parties are directed to either file unredacted versions of the
documents on the docket, or file renewed motions to seal that are
narrowly tailored and provide a thorough explanation of why the
presumption of public access has been overcome, within 14 days of
the date of this Decision and Order.
The Plaintiffs' lack of class standing means that the Court cannot
certify the class as currently proposed. To the extent this issue
could be cured through modification of the proposed class
definition, the Court is under no obligation to sua sponte craft an
appropriate class, and does not find it appropriate to do so in
this case.
Sutherland's motion simply asserts without citation that Plaintiffs
"do not have a colorable claim to vested benefits because they are
no longer participants in the Plan." The Court is unpersuaded by
this argument. But the Court's rejection of this argument does not
change its conclusion that Plaintiff's motion for class
certification should be denied.
The Plaintiffs allege that the Defendants breached their fiduciary
duties by failing to minimize the Plan's fees and expenses as
required by the Employment Retirement Income Security Act.
Sutherland Global offers an integrated portfolio of
analytics-driven IT services.
A copy of the Court's order dated Aug. 28, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZJRuJK at no extra
charge.[CC]
TASKUS INC: Lozada Seeks to File Class Cert Reply Memo Under Seal
-----------------------------------------------------------------
In the class action lawsuit captioned as Lozada v. TaskUs, Inc. et
al., Case No. 1:22-cv-01479-JPC-GS (D.N.J.), the Plaintiff asks the
Court to enter an order permitting to file the unredacted version
of Plaintiffs' Reply Memorandum of Law in Further Support of Motion
for Class Certification and Appointment of Class Representatives
and Class Counsel, the Declaration of Joseph A. Fonti in Further
Support of Motion for Class Certification and Appointment of Class
Representatives and Class Counselunder seal.
The Plaintiffs are concurrently filing the Reply and Supporting
Documents in redacted form and under seal pending the Court’s
ruling on this motion to seal.
The Plaintiffs make this motion because their Reply and Supporting
Documents refer to, cite to, and include information that
Defendants have designated as Confidential or Highly Confidential
Discovery Material under the Stipulated Confidentiality Agreement
and Protective Order.
The Plaintiffs do not agree with Defendants' designations for this
information, hereby request that Defendants remove the designations
to permit public filing, and will promptly confer with Defendants
to resolve the matter. In all events, Defendants bear the burden to
show why their confidentiality designations are proper and why the
designated information should remain under seal under applicable
law.
TaskUs is an outsourcing company that handles content moderation
for companies including Facebook and DoorDash.
A copy of the Plaintiff's motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=l39Dju at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph A. Fonti, Esq.
BLEICHMAR FONTI & AULD LLP
300 Park Avenue, Suite 1301
New York, NY 10022
Telephone: (212) 789-1342
Facsimile: (212) 205-3692
E-mail: jfonti@bfalaw.com
TC HEARTLAND: Class Cert Bid Filing in Karabas Due May 17, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Karabas v. TC Heartland
LLC, Case No. 1:24-cv-02722 (E.D.N.Y., Filed April 11, 2024), the
Hon. Judge Ann M. Donnelly entered an order amending class
certification schedule as follows:
-- The deadline to start motion practice for class certification
(including supporting expert reports) is to start 120 days
after a
decision is reached regarding the motion to dismiss, but no
sooner
than May 17, 2025.
-- The deadline for fact discovery cut-off will be 90 days after
the
decision is reached on class certification.
-- The deadline for parties to serve initial expert disclosures on
merits issues will be 42 days thereafter.
-- The deadline for parties to serve rebuttal expert disclosures
on
merits issues will be 42 days thereafter.
-- A joint status letter from the parties should be submitted to
the
Court at that time.
-- The deadline to complete class-related expert discovery will be
42
days thereafter.
-- The deadline to commence dispositive motion practice will be 28
days thereafter.
-- A discovery status report is to be filed with the Court on
Feb. 21, 2025, and shall include the status of settlement
discussions.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
TC provides packaged food products. The Company offers liquid
beverage enhancers and sweetener products for the retail
market.[CC]
TD SYNNEX: McCormick Wage-and-Hour Suit Removed to C.D. Cal.
------------------------------------------------------------
The case styled CHRISTOPHER MCCORMICK, individually and on behalf
of all others similarly situated v. TD SYNNEX CORPORATION; KELLY
SERVICES, INC.; and DOES 1 through 20, inclusive, Case No.
CIVSB2417625, was removed from the Superior Court of the State of
California, County of San Bernardino, to the U.S. District Court
for the Central District of California on August 29, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 5:24-cv-01851 to the proceeding.
The case arises from the Defendants' violations of California Labor
Code and California's Business and Professions Code including (1)
failure to pay minimum wages, (2) failure to pay overtime wages,
(3) failure to provide meal periods, (4) failure to permit rest
breaks, (5) failure to provide accurate itemized wage statements,
(6) failure to pay all wages due upon separation of employment, and
(7) unfair business practices.
TD Synnex Corporation is an information technology services
provider headquartered in California.
Kelly Services, Inc. is an American office staffing company
headquartered in Troy, Michigan. [BN]
The Defendant is represented by:
Nick Baltaxe, Esq.
Meriel Kim, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017
Email: nbaltaxe@duanemorris.com
mkim@duanemorris.com
- and -
Gerald L. Maatman, Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS LLP
190 S. LaSalle Street, Suite 3700
Chicago, IL 60603
Email: gmaatman@duanemorris.com
jariley@duanemorris.com
TECO ENERGY: Roche's Bid to Certify Class Denied as Moot
--------------------------------------------------------
In the class action lawsuit captioned as Roche v. TECO Energy, Inc.
et al., Case No. 8:23-cv-01571 (M.D. Fla., Filed July 14, 2023),
the Hon. Judge Charlene Edwards Honeywell entered an order endorsed
order denying as moot the Plaintiff's motion to certify class in
light of the Court's Order granting the motion to dismiss.
The suit alleges violation of the Employee Retirement Income
Security Act (EIRSA).
TECO is an energy-related holding company based in Tampa, Florida,
and a subsidiary of Emera Incorporated.[CC]
TEKSYSTEMS INC: Final FLSA Collective Action Certification Sought
-----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL THOMAS, MARIA
CONYERS-JORDAN, AUSTIN SHERMAN, LYNDA ALEXANDRA MAHER, AVA DORE,
RACHEL RICHENBERG, and EMILY BURKE, on behalf of themselves and
others similarly situated, v. TEKSYSTEMS, INC., Case No.
2:21-cv-00460-WSS (W.D. Pa.), the Plaintiffs ask the Court to enter
an order granting motion for final Fair Labor Standards Act (FLSA)
collective action certification.
TEKsystems provides information technology services.
A copy of the Plaintiffs' motion dated Aug. 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BZFNCx at no extra
charge.[CC]
The Plaintiffs are represented by:
Sally J. Abrahamson, Esq.
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
Anne Kramer, Esq.
Joseph E. Salvi, Esq.
WERMAN SALAS P.C.
335 18th Pl NE
Washington, DC 20002
Telephone: (202) 830-2016
Facsimile: (312) 419-102
E-mail: sabrahamson@flsalaw.com
dwerman@flsalaw.com
msalas@flsalaw.com
akramer@flsalaw.com
jsalvi@flsalaw.com
- and -
Sarah R. Schalman-Bergen, Esq.
Krysten Connon, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000,
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: ssb@llrlaw.com
kconnon@llrlaw.com
osavytska@llrlaw.com
TEKSYSTEMS INC: Thomas Suit Seeks to Certify State Law Classes
--------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL THOMAS, MARIA
CONYERS-JORDAN, AUSTIN SHERMAN, LYNDA ALEXANDRA MAHER, AVA DORE,
RACHEL RICHENBERG, and EMILY BURKE, on behalf of themselves and
others similarly situated, v. TEKSYSTEMS, INC., Case No.
2:21-cv-00460-WSS (W.D. Pa.), the Plaintiffs ask the Court to enter
an order certifying the following state law classes for all issues
under Rule 23(b)(3):
Pennsylvania Overtime Class – Plaintiffs Michael Thomas and Maria
Conyers-Jordan request the Court certify a class of:
"All current and former Recruiters employed by the Defendant in
Pennsylvania from April 9, 2018 to the final date of
judgment."
Washington Overtime and Meal and Rest Break Class – Plaintiff Ava
Dore requests the Court certify a class of:
"All current and former Recruiters employed by the Defendant in
Washington from Jan. 19, 2019 to the final date of judgment."
New York Overtime and Accurate Paystub Class – Plaintiff Rachel
Richenberg requests the Court certify a class off:
"All current and former Recruiters employed by Defendant in New
York from Jan. 19, 2016 to the final date of judgment."
Massachusetts Overtime Class – Plaintiff Emily Burke requests the
Court certify a class of:
"All current and former Recruiters employed by the Defendant in
Massachusetts from Jan. 19, 2019 to the final date of
judgment."
TEKsystems provides information technology services.
A copy of the Plaintiffs' motion dated Aug. 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sCY1Wj at no extra
charge.[CC]
The Plaintiffs are represented by:
Sally J. Abrahamson, Esq.
Douglas M. Werman, Esq.
Maureen A. Salas, Esq.
Anne Kramer, Esq.
Joseph E. Salvi, Esq.
WERMAN SALAS P.C.
335 18th Pl NE
Washington, DC 20002
Telephone: (202) 830-2016
Facsimile: (312) 419-102
E-mail: sabrahamson@flsalaw.com
dwerman@flsalaw.com
msalas@flsalaw.com
akramer@flsalaw.com
jsalvi@flsalaw.com
- and -
Sarah R. Schalman-Bergen, Esq.
Krysten Connon, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000,
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: ssb@llrlaw.com
kconnon@llrlaw.com
osavytska@llrlaw.com
TENNESSEE GAS: Johnson Bid for Class Cert Withdrawn
----------------------------------------------------
In the class action lawsuit captioned as BRADISH JOHNSON CO.,
LIMITED, individually and as representative of all those similarly
situated, V. TENNESSEE GAS PIPELINE COMPANY, LLC and KINETICA
ENERGY EXPRESS, LLC, Case No. 2:23-cv-07363-CJB-EJD (E.D. La.), the
Hon. Judge Carl Barbier entered an order withdrawing motion for
class certification.
Consistent with the deadlines related to class certification set
forth in the parties' Joint Motion to Adopt Proposed Scheduling
Order for Class Certification, the Plaintiff's motion for class
certification is withdrawn.
Tennessee provides gas transportation and storage services.
A copy of the Court's order dated Aug. 22, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=HV2vPg at no extra
charge.[CC]
TEREZ UNIVERSE: General Pretrial Management Order Entered in Young
------------------------------------------------------------------
In the class action lawsuit captioned as LESHAWN YOUNG, on behalf
of herself and all other persons similarly situated, v. TEREZ
UNIVERSE LLC, Case No. 1:24-cv-06403-PAE-BCM (S.D.N.Y.), the Hon.
Judge Barbara Moses entered an order regarding general pretrial
management.
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.
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.
For motions other than discovery motions, pre-motion conferences
are not required, but may be requested where counsel believe that
an informal conference with the Court may obviate the need for a
motion or narrow the issues.
In accordance with section 1(d) of Judge Moses's Individual
Practices, letters and lettermotions are limited to four pages,
exclusive of attachments. Courtesy copies of letters and letter
motions filed via ECF are required only if the filing contains
voluminous attachments. Courtesy copies should be delivered
promptly, should bear the ECF header generated at the time of
electronic filing, and should include tabs for the attachments.
Counsel for the plaintiff must serve a copy of this Order on any
defendant previously served with the summons and complaint, must
serve this Order along with the summons and complaint on all
defendants served hereafter, and must file proof of such service
with the Court.
Terez makes women's activewear.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tKfqs2 at no extra
charge.[CC]
TEVA PHARMACEUTICALS: Court Lifts Stay in HAPPF Suit
----------------------------------------------------
In the class action lawsuit captioned as HALMAN ALDUBI PROVIDENT
AND PENSION FUNDS LTD., v. TEVA PHARMACEUTICALS INDUSTRIES LIMITED,
et al., Case No. 2:20-cv-04660-KSM (E.D. Pa.), the Hon. Judge
Marston entered a memo lifting the stay implemented by the Court's
August 2, 2022, Order.
The Court said that it finds appropriate to lift the stay in this
matter. The Court recognizes that Defendants seek to avoid any
undue burden from engaging in discovery in this matter
simultaneously with trial preparation in the DOJ Action–however,
any burden is likely to be limited because the DOJ Action is
unlikely to resume in federal district court at least for several
more months.
Additionally, as this matter has already been stayed for over two
years, Plaintiff is suffering ongoing prejudice as witnesses’
memories fade and the risk of lost evidence increases. Considering
these factors together, we find a stay is no longer warranted in
this action.
Lead Plaintiff Gerald Forsythe, individually and on behalf of all
others similarly situated, alleges that Teva Pharmaceuticals
Industries Limited and Teva executives Erez Vigodman, Eyal Desheh,
Robert Koremans, Michael Derkacz, Kåre Schultz, Michael McClellan,
and Brendan O'Grady violated Section 10(b) of the Securities
Exchange Act of 1934 and Securities and Exchange Commission Rule
10b-5 by making false and misleading statements and by failing to
disclose material information about Teva’s specialty drug,
Copaxone.
On Aug. 18, 2020, the U.S. Attorney's Office for the District of
Massachusetts filed a complaint against Teva for alleged violations
of the False Claims Act.
On Sept. 23, 2020, Halman Aldubi Provident and Pension Funds Ltd.
commenced this lawsuit individually and on behalf of all others
similarly situated.
On Aug. 2, 2022, the Court granted Defendants' motion to stay this
matter, except as to class certification, pending resolution of the
DOJ Action.
Teva is a global pharmaceutical company that sells generic,
specialty medicines, and over-the-counter products.
A copy of the Court's memorandum dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bS03zq at no extra
charge.[CC]
TOMS RIVER BURGERS: Website Inaccessible to Blind Users, Vega Says
------------------------------------------------------------------
NORBERTO VEGA, on behalf of himself and all others similarly
situated, Plaintiff v. TOMS RIVER BURGERS, LLC, Defendant, Case No.
2:24-cv-08888 (D.N.J., August 30, 2024) accuses the Defendant of
violating the Americans with Disabilities Act by failing to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by Plaintiff and other blind or
visually-impaired people.
The Plaintiff was injured when he attempted multiple times, most
recently on January 29, 2024 to access Defendant's website from his
home access Defendant's website from his home but encountered
barriers that denied his full and equal access to Defendant's
online content and services. Due to Defendant's failure to build
its website in a manner that is compatible with screen access
programs, the Plaintiff was unable to understand and properly
interact with the website and was thus denied the benefit of
obtaining location and menu information in order to visit
Defendant's restaurant, says the suit.
Toms River Burgers, LLC owns, operates and controls the website,
www.burger.com, which serves as an online platform of Burger 25
restaurant. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
TOTAL GYM: Faces Valencia Suit Over Blind-Inaccessible Website
--------------------------------------------------------------
JUSTIN VALENCIA, on behalf of himself and all others similarly
situated, Plaintiff v. TOTAL GYM FITNESS, LLC, Defendant, Case No.
1:24-cv-06574 (S.D.N.Y., August 30, 2024) arises from Defendant's
failure to design, construct, maintain, and operate Defendant's
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired people in violation
of the Americans with Disabilities Act and the New York City Human
Rights Law.
The Plaintiff was injured when Plaintiff attempted multiple times,
most recently on March 20, 2024 to access Defendant's website from
Plaintiff's home in an effort to shop for Defendant's products, but
encountered barriers that denied the full and equal access to
Defendant's online goods, content, and services, says the
suit.[BN]
The Plaintiffs are represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
TOTAL RENAL: Removes Spencer Suit to W.D. Wash.
-----------------------------------------------
The Defendant in the case of SHANNON SPENCER, individually and on
behalf of all others similarly situated, Plaintiff v. TOTAL RENAL
CARE, INC. doing business as DAVITA; and DOES 1-20, Defendants,
filed a notice to remove the lawsuit from the Superior Court of the
State of Washington, County of King (Case No. 4-00002-16922-9-SEA)
to the U.S. District Court for the Western District of Washington
on Aug. 28, 2024.
The clerk of court for the Western District of Washington assigned
Case No. 2:24-cv-01359. The case is assigned to Ricardo S
Martinez.
Total Renal Care, Inc. offers health care services. The Company
offers kidney and renal dialysis, transplant, disease management,
emergency care, insurance, and financial management support. [BN]
The Defendants are represented by:
Breanne Martell, Esq.
Derek A. Bishop, Esq.
Madhura Panjini, Esq.
LITTLER MENDELSON, P.C.
One Union Square
600 University Street, Suite 3200
Seattle, WA 98101.3122
Telephone: (206) 623-3300
Facsimile: (206) 447-6965
Email: bsmartell@littler.com
debishop@littler.com
mpanjini@littler.com
TRIDENT RESTORATION: Class Cert Bid in Ortega Suit Due Sept. 16
---------------------------------------------------------------
In the class action lawsuit captioned as Ortega et al., v. Trident
Restoration, Inc. et al., Case No. 1:23-cv-01927-JGLC (S.D.N.Y.),
the Hon. Judge Jessica Clarke entered an order that:
-- Plaintiffs' class certification motion due Sept. 16, 2024.
-- Defendants' opposition due Oct. 14, 2024.
-- Plaintiffs' reply due Oct. 28, 2024.
The Plaintiffs Angel Ortega and Jorge Navarro, as well the
Plaintiffs who have opted-in to this lawsuit by filing consents to
sue under the Fair Labor Standards Act ("FLSA").
With apologies to the Court for this delayed filing, we write
jointly with Defendants pursuant to Paragraph 3.d. of this
Court’s Individual Rules of Practice to provide a post-discovery
status update.
Trident Restoration specializes in mold remediation, exterior
hardscaping and general remodeling.
A copy of the Court's order dated Aug. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DoiNQZ at no extra
charge.[CC]
TTEC SERVICES: Must Respond to Wilfong Class Cert Bid by Sept. 10
-----------------------------------------------------------------
In the class action lawsuit captioned as Wilfong v. TTEC Services
Corporation, Case No. 1:24-cv-01076 (D. Colo., Filed April 19,
2024), the Hon. Judge Charlotte N. Sweeney entered an order
granting unopposed motion for extension of time to file
response/reply as to18 motion to certify class (conditionally)
pursuant to Fair Labor Standards Act (FLSA), and for expedited
opt-in discovery and court-authorized notice to potential opt-ins.
-- The Defendant's response to the motion to certify class is now
due on or before Sept. 10, 2024.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
TTEC is a global provider of customer experience strategy,
technology and business process outsourcing solutions.[CC]
TWITTER INC: Schobinger Seeks to Certify Class of Employees
-----------------------------------------------------------
In the class action lawsuit captioned as MARK SCHOBINGER, on behalf
of himself and all others similarly situated, v. TWITTER, INC. and
X CORP., Case No. 3:23-cv-03007-VC (N.D. Cal.), the Plaintiffs ask
the Court to enter an order certifying a class under Fed. R. Civ.
23(b)(3) that includes:
"all individuals who were employed by Twitter in the first
quarter
of 2023 but were not paid their annual bonus for 2022."
The Plaintiff Schobinger filed this class action against the
Defendants, challenging Twitter's refusal to pay employees their
2022 annual bonus.
On Oct. 27, 2022, the deal for Mr. Musk to acquire Twitter closed.
Yet, despite the promises made by Twitter's management prior to the
deal closing that employees who continued to be employed by the
Company would receive their same bonus for at least one year,
Twitter refused to pay employees including Mr. Schobinger, their
bonus for 2022.
Mr. Schobinger and the putative class members held up their end of
the deal by not leaving their employment with Twitter in 2022.
However, Twitter did not hold up its end of the deal when it
refused to pay them their 2022 bonuses.
Mr. Schobinger is the former Senior Director of Compensation for
Twitter. He was employed by Twitter from February 11, 2019, until
he resigned on May 26, 2023.
Twitter provides online social networking and microblogging
services.
A copy of the Plaintiffs' motion dated Aug. 23, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=ybJMRI at no extra
charge.[CC]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
Bradley Manewith, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
bmanewith@llrlaw.com
UNITED BANK: Faces Myers Suit Over Improper Overdraft Fee Charges
-----------------------------------------------------------------
APRIL MYERS, on behalf of herself and all others similarly
situated, Plaintiff v. UNITED BANK, Defendant, Case No.
2:24-cv-00024-TSK (N.D. W. Va., August 28, 2024) is a class action
against the Defendant for breach of contract.
The case arises from the Defendant's routine policy and practice of
charging its customers overdraft fees on transactions that did not
overdraw an account. The Defendant's customers, including the
Plaintiff, have been injured by its improper and deceptive
practices.
United Bank is a banking services company headquartered in Fairfax,
Virginia. [BN]
The Plaintiff is represented by:
Michael P. Addair, Esq.
ADDAIR ENTSMINGER PLLC
1018 Kanawha Blvd. E., Suite 409
Charleston, WV 25301
Telephone: (304) 881-0411
Facsimile: (304) 881-0342
Email: mpa@employmentlawyerswv.com
- and -
Jeffrey D. Kaliel, Esq.
Sophia G. Gold, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, DC 20005
Telephone: (202) 350-4783
Email: jkaliel@kalielgold.com
sgold@kalielgold.com
- and -
Andrew Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
UNITED STATES: Court Narrows Claims in Pride Suit
-------------------------------------------------
In the class action lawsuit captioned as LARRY PRIDE, et al., v.
U.S. DEPARTMENT OF AGRICULTURE, et al., Case No. 1:23-cv-02292-LLA
(D.D.C.), the Hon. Judge Loren AliKhan entered an order granting
the Defendants' Motion to Dismiss as to Count II, and as to
Plaintiff Roddy's 2020 loan denial claim, and denying Defendants'
motion as to Count I.
The Defendants shall file an answer on or before Sept. 6, 2024.
Because the Market Facilitation Program has expired and none of the
above exceptions apply, the court will dismiss Count II as moot.
The Plaintiffs Larry Pride, Marvin Roddy, Victor Lee, Gary Harris,
and Chris Anderson are Black farmers from Mississippi and Arkansas.
They sue Defendants—the U.S. Department of Agriculture ("USDA"),
the Farm Service Agency ("FSA"), USDA Secretary Thomas J. Vilsack,
and FSA Administrator Zach Ducheneaux—in this putative class
action, alleging that the USDA employed racially discriminatory
practices in administering its direct lending program and its (now
defunct) Market Facilitation Program.
The Plaintiffs bring two claims. Count I alleges that Defendants
violated the Equal Credit Opportunity Act by administering the
direct loan program in a racially discriminatory manner. Count II
argues that Defendants' Market Facilitation Program discriminated
on the basis of race in violation of the Fifth Amendment's equal
protection clause.
The Plaintiffs offer two theories of discrimination: disparate
treatment and disparate impact. They seek declaratory, injunctive,
and monetary relief on behalf of a proposed Direct Loan Class,
defined as follows:
"All Black farmers and ranchers who reside in the United States
and
who, in the USDA's administration of its direct loan program,
and
within the applicable limitations period subject to continuing
violations, received inferior service or were denied access to
credit as compared to similarly situated non-minority farmers."
Without limitation, the USDA Direct Loan Class includes those
farmers and ranchers who: (a) applied for a loan but were
subject
to an unreasonable or unwarranted denial or coerced withdrawal;
(b)
applied or attempted to apply for a loan but did not receive one
due to unreasonable or undue delays or requests and/or lack of
assistance; (c) received a loan but were subject to unreasonable
or
undue delays or requests during loan application processing; (d)
received a loan but with unfavorable terms, such as lower
principal
amount, higher interest rate, and/or other burdensome conditions
relating to repayment, oversight, securitization, or servicing;
and/or (e) were dissuaded or discouraged from applying for a
loan
through the USDA's discriminatory conduct or denial of outreach
or
assistance.
The Plaintiffs define their proposed MFP Class as:
"All Black farmers and ranchers who reside in the United States
and who were denied funds or received disproportionately fewer
funds under the MFP program."
USDA is the federal executive department responsible for developing
and executing federal laws related to farming, forestry, rural
economic development, and food.
A copy of the Court's order dated Aug. 23, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=24h6lf at no extra
charge.[CC]
UNITED STATES: Millionis Seeks to Certify Class
-----------------------------------------------
In the class action lawsuit captioned as AMY MILIONIS, individually
and as a class representative, v. UNITED STATES AUTOMOBILE
ASSOCIATION; PROFESSIONAL SURVEILLANCE & INVESTIGATION, INC. Case
No. 8:22-cv-01743-JDA (D.S.C.), the Plaintiff asks the Court to
enter an order certifying the proposed class defined as:
"All individuals in South Carolina made the subject of a
medical
canvass by USAA from April 13, 2019, through the time of final
judgment in this action."
Excluded from this class are any employees, agents, and/or
representatives of any defendant.
On Nov. 12, 2017, plaintiff was involved in an automobile accident
with USAA's insured. After the crash, plaintiff made a third-party
insurance claim to USAA under its insureds automobile insurance
policy.
On Aug. 18, 2018, Carver submitted a request to Professional
Surveillance & Investigation, Inc. (PSII) for a medical canvass
relating to Plaintiff.
Amy Milionis was the victim of a car crash on November 12, 2017.
She suffered personal injuries in the crash, including a traumatic
brain injury.
United Services is an American financial services company providing
insurance and banking products exclusively to members of the
military, veterans and their families.
A copy of the Plaintiff's motion dated Aug. 30, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IAiB9h at no extra
charge.[CC]
The Plaintiff is represented by:
Chris Moore, Esq.
Will Lewis, Esq.
RICHARDSON THOMAS
1513 Hampton Street
Columbia, SC 29201
Telephone: (803) 281-8150
E-mail: Chris@richardsonthomas.com
Will@richardsonthomas.com
- and -
Kyle J. White, Esq.
Drew Bradshaw, Esq.
WHITE, DAVIS & WHITE LAW FIRM
209 E. Calhoun Street (29621)
Anderson, SC
Telephone: (864) 231-8090
E-mail: kyle@wdwlawfirm.com
drew@wdwlawfirm.com
- and -
Mark Tinsley, Esq.
GOODING & GOODING, P.A.
265 Barnwell Highway
Allendale, SC 29810
Telephone: (803) 584-7676
E-mail: mark@goodingandgooding.com
UNITED SURGICAL: Parties Seek More Time to File Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit captioned as AMANDA PERKINS, HEATHER C.
HOLST, TERRY J. WILLIAMS, TANYA C. STANDIFER and KARLEY MAYHILL,
individually and on behalf of all others similarly situated, v.
UNITED SURGICAL PARTNERS INTERNATIONAL, INC., and THE RETIREMENT
PLAN ADMINISTRATION COMMITTEE OF UNITED SURGICAL PARTNERS
INTERNATIONAL, INC., Case No. 3:21-cv-00973 (N.D. Tex.), the
Parties ask the Court to enter an order to extend the deadlines to
complete class certification discovery and file Plaintiffs' motion
for class certification.
The Parties request this extension to afford them additional time
to explore a potential early resolution of this case before
expending significant resources on discovery. In the interim,
however, the Parties have exchanged preliminary discovery,
including document requests and interrogatories. Defendants have
served their discovery responses and have produced over four
thousand pages of foundational discovery, including fiduciary
committee meeting minutes, meeting materials, and fee disclosures.
The Parties are also working to schedule depositions of the Named
Plaintiffs for purposes of class certification briefing.
Accordingly, to afford the Parties time to pursue their
negotiations, and to complete class certification discovery, they
jointly request extension of only the following deadlines related
to class certification :
Event Current Requested
Deadline Deadline
Deadline to complete class Sept. 13, 2024 Nov. 8, 2024
certification discovery
Deadline for filing any motion Oct. 4, 2024 Nov. 8, 2024
for class certification
(including any supporting
evidence and Plaintiffs' class
certification expert reports)
Deadline for filing any Dec. 3, 2024 Jan. 10,
2025
opposition to class
certification motion (including
any supporting evidence and
Defendants' class certification
expert reports)
Deadline for filing any reply Jan. 3, 2025 Feb. 7, 2025
in support of class certification
motion
United Surgical is an American ambulatory care company.
A copy of the Parties' motion dated Aug. 29, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CP30Lb at no extra
charge.[CC]
The Parties are represented by:
Mark K. Gyandoh, Esq.
CAPOZZI ADLER PC
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (610) 890-0200
Facsimile: (717) 233-4103
E-mail: markg@capozziadler.com
- and -
Karl G. Nelson, Esq.
Christopher Chorba, Esq.
Jennafer M. Tryck, Esq.
GIBSON, DUNN & CRUTCHER LLP
2001 Ross Avenue, Suite 2100
Dallas, TX 75201
Telephone: (214) 698-3100
Facsimile: (214) 571-2900
E-mail: KNelson@gibsondunn.com
Jtryck@gibsondunn.com
cchorba@gibsondunn.com
VALVE CORPORATION: WGL Bid to Strike Portions of Reply Tossed
-------------------------------------------------------------
In the class action lawsuit captioned as Wolfire Games LLC, et al.,
v. Valve Corporation (VALVE ANTITRUST LITIGATION), Case No.
2:21-cv-00563-JCC (W.D. Wash.), the Hon. Judge John Coughenour
entered an order denying the motion to strike portions of
Defendant's reply and the entirety of Defendant's reply to expert
report.
The Court denies the motion but will allow Plaintiffs to provide
the Court with a supplemental submission.
As to the issue of a new argument allegedly raised for the first
time on reply—the Court disagrees with Plaintiffs' assessment.
The Court denies Plaintiffs' motion to strike except that
Plaintiffs may submit a supplemental brief and expert surreply
report.
Valve Corporation is an American video game developer, publisher,
and digital distribution company.
A copy of the Court's order dated Aug. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Yvm3qM at no extra
charge.[CC]
VERVE THERAPEUTICS: Oldroyd Sues Over 34.9% Drop of Stock Price
---------------------------------------------------------------
THOMAS OLDROYD, individually and on behalf of all others similarly
situated, Plaintiff v. VERVE THERAPEUTICS, INC., SEKAR KATHIRESAN,
and ALLISON DORVAL, Defendants, Case No. 1:24-cv-12218 (D. Mass.,
August 27, 2024) is a class action against the Defendants for
violations of Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated thereunder.
According to the complaint, the Defendants made materially false
and misleading statements regarding Verve Therapeutics' business,
operations, and prospects in order to trade Verve Therapeutics
securities at artificially inflated prices between August 9, 2022,
and April 1, 2024. Specifically, the Defendants made false and/or
misleading statements and/or failed to disclose that: (1) they did
not fully disclose the circumstances under which the Heart-1 trial
would be halted; (2) they overstated the potential benefits of its
proprietary lipid nanoparticle (LNP) delivery system; (3) as a
result, their statements about the company's business, operations,
and prospects, were materially false and misleading and/or lacked a
reasonable basis at all relevant times.
When the truth emerged, the price of Verve Therapeutics stock fell
by $4.47, or 34.9 percent, to close at $8.32 on April 2, 2024.
As a result of the Defendants' wrongful acts and omissions, which
caused the precipitous decline in the market value of the company's
common shares, the Plaintiff and other Class members have suffered
significant economic losses and damages.
Verve Therapeutics, Inc. is a clinical-stage genetic medicines
company headquartered in Boston, Massachusetts. [BN]
The Plaintiff is represented by:
Joshua Baker, Esq.
Laurence M. Rosen, Esq.
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
Email: jbaker@rosenlegal.com
lrosen@rosenlegal.com
philkim@rosenlegal.com
- and -
Brian Schall, Esq.
THE SCHALL LAW FIRM
1880 Century Park East, Suite 404
Los Angeles, CA 90067
Telephone: (424) 303-1964
Email: brian@schallfirm.com
W.W. GRAINGER: Website Inaccessible to Blind Users, Valencia Claims
-------------------------------------------------------------------
JUSTIN VALENCIA, on behalf of himself and all others similarly
situated, Plaintiff v. W. W. GRAINGER, INC., Defendant, Case No.
1:24-cv-06572 (S.D.N.Y., August 30, 2024) accuses the Defendant of
violating the Americans with Disabilities Act and the New York City
Human Rights Law.
Due to Defendant's failure to build the Website in a manner that is
compatible with screen access programs, Plaintiff was unable to
understand and properly interact with the website, and was thus
denied the benefit of purchasing the basketball, that Plaintiff
wished to acquire from the website. Accordingly, the Plaintiff
brings this civil rights action against Defendant for the failure
to design, construct, maintain, and operate Defendant's website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
W. W. Grangerm Inc. owns and operates the website,
www.grainger.com, which offers products and services for online
sale and general delivery to the public. These products include
motors, HVAC equipment, lighting, hand and power tools, pumps,
packaging, material handling, adhesives, safety, janitorial,
electrical, and metalworking equipment. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
WATER WORKS: Fails to Pay Proper Wages, Reyes Suit Alleges
----------------------------------------------------------
OSCAR ROLANDO SIERRA REYES, individually and on behalf of all
others similarly situated, Plaintiff v. WATER WORKS GROUP, INC.;
and GARY RAMIS; and LAWRENCE RAMIS, Defendants, Case No.
2:24-cv-06074 (E.D.N.Y., Aug. 29, 2024) seeks to recover from the
Defendants unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Reyes was employed by the Defendants as a laborer.
Water Works Group, Inc. specializes in swimming pools & backyard
renovations. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
Helen F. Dalton & Associates, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
WEBCOLLEX LLC: Attorneys' Bid to Withdraw as Counsel OK'd
---------------------------------------------------------
In the class action lawsuit captioned as LISA GUTIERREZ, v.
WEBCOLLEX, LLC, Case No. 2:23-cv-00988-AC (E.D. Cal.), the Hon.
Judge Allison Claire entered an order as follows:
1. The hearing on defense counsel's motion to withdraw,
previously
set for Sept. 18, 2024, is vacated; and
2. The motion to withdraw is granted.
Mr. Ferren has now demonstrated to the court's satisfaction that he
has been unable to contact any representative of the defendant LLC,
which is now defunct, despite good faith efforts to provide the
required notice.
Counsel of record have complied with Local Rule 182(d) and
demonstrated grounds for withdrawal under the California Rules of
Professional Conduct.
The motion for class certification remains submitted for decision.
A copy of the Court's order dated Aug. 29, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qbcQ7K at no extra
charge.[CC]
WORKDAY INC: Bid for Conditional Certification Due April 2025
-------------------------------------------------------------
In the class action lawsuit captioned as Mobley v. WORKDAY, INC.,
Case No. 3:23-cv-00770 (N.D. Cal., Filed Feb. 21, 2023), the Hon.
Judge Rita F. Lin entered an order that:
(1) the motion for conditional certification of the collective
action will be heard in April 2025, and
(2) the combined hearing on class certification and
decertification of the collective action will be heard in
January 2026.
The nature of suit states Civil Rights -- Employment
Discrimination.
Workday is an American on‑demand financial management, human
capital management, and student information system software
vendor.[CC]
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