/raid1/www/Hosts/bankrupt/CAR_Public/240918.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, September 18, 2024, Vol. 26, No. 188
Headlines
3M COMPANY: Papagni Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Ray Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Roberson Sues Over Exposure to Toxic Chemicals & Foams
3M COMPANY: Rodriguez Sues Over Exposure to Toxic Chemicals
3M COMPANY: Stansberry Sues Over Exposure to Toxic Aqueous Foams
ABRAM EXPEDITED: Underpays Long Haul Truck Drivers, Hayes Claims
ADVANCE STORES: Monroe et al. Sue Over Private Data Breach
ALLEN DANDRIDGE: TD Bank Suit Removed to N.D. Illinois
AMERICAN CLINICAL: Romanchak Sues Over Data Security Failure
AMERICAN HONDA: Geddis-Wright Sues Over Vehicles' Brake Defect
AU10TIX LTD: McLeod Suit Removed to N.D. Illinois
BACK TO LIFE MEDICAL: Johnson-Baity Files TCPA Suit in N.D. Georgia
BAXTER INTERNATIONAL: Fails to Protect Personal Info, Robinson Says
BOYNE USA: Wins Bid for Corrective Notice, Opt-Out Extension
BROCK PIERCE: Court Stays Discovery in Blotzer
CALIFORNIA PHYSICIANS': Andrews Files Suit Over Data Breach
CANNON CORP: Fails to Protect Highly Sensitive Info, Misso Says
CDK GLOBAL: Formula Sports Suit Transferred to N.D. Illinois
CHG HEALTHCARE: Fails to Pay Proper Wages, Hernandez Alleges
CORDEA CONSULTING: Fails to Pay Proper Wages, Newman Alleges
CULBERTSON MEMORIAL: Discloses Info to 3rd Parties, Hannant Says
CVS HEALTH: Tatone Sues Over Alleged Securities Law Violations
DEL FRISCO'S: Motyka Seeks Unpaid Wages, Misappropriated Tips
EASTERN ATLANTIC: Dominguez Sues Over Unpaid Overtime, Retaliation
EQUIFAX LLC: Baker Files FCRA Suit in N.D. Georgia
FLORIDA LUXURY: Orellana Seeks Construction Staff's Unpaid Overtime
FRLJ-MAZ LLC: Jorge Files TCPA Suit in S.D. Florida
GITLAB INC: Dolly Sues Over Share Price Drop
GLOBAL E-TRADING: Bid to Stay Class Cert Proceedings Tossed
GRAND LODGING: Foster Sues Over Discriminative Facilities
GREAT KITCHEN: Faces Cruz-Pena Wage-and-Hour Suit in E.D.N.Y.
HAPPY DAYS DISPENSARY: Igartua Files ADA Suit in S.D. New York
INTEGRA LIFESCIENCES: Myers Suit Removed to D. New Jersey
INTEGRITY WEALTH: Williamson & Novoa Sue Over Alleged Ponzi Scheme
KELLER WILLIAMS: Parties Seek More Time to Complete Class Discovery
KELLY SERVICES: Zandante Sues to Recover Unpaid Overtime Wages
KENDAL NUTRICARE: Kendamil's Health Claims "False," Gutierrez Says
KOOTENAI HEALTH: Elli Sues Over Patients' Compromised Info
KPC PROMISE: Obot-Akata Alleges ERISA Violations
KSB HOSPITAL: Noftz et al. Sue Over Unlawful Info Disclosure
LANE BRYANT: Transmits Unsolicited Marketing Texts, Flores Claims
LEFT FIELD: Website Inaccessible to Blind Users, Abramson Says
LEXISNEXIS RISK: Deadline to File Class Certification Vacated
LORETTO HEALTH: Class Cert. Bids in Aderohunmu Due Feb. 3, 2025
LOUISIANA: Loses Bid to Dismiss Alex A Class Action
LUMEN TECHNOLOGIES: Dow Files ERISA Class Suit in Colorado
MAURICIO RAULD: Goldovsky Suit Seeks to Certify Rule 23 Class
MCLANE COMPANY: Barner Suit Seeks to Certify Class
MCLANE COMPANY: Has Until Oct. 1 to File Class Cert Response
MCLEAN COUNTY, IL: Court Directs Discovery Plan Filing in Hitch
MDL 2804: Class Settlement in Opiate-Related Suit Gets Initial Nod
METROPOLITAN REALTY: Fails to Pay Proper Wages, Molina Alleges
MIDLAND CREDIT: Rosario Files FDCPA Suit in NY
MIGHTY-LUCKY INC: Website Inaccessible to Blind Users, Igartua Says
MONAHAN PRODUCTS: Website Inaccessible to the Blind, Fagnani Says
MUSTANG GAS: Class Rep in WEL Suit Seeks Final OK of Settlement
NEW YORK, NY: Agrees to Pay $48.5K as Settlement in ACBNY Suit
NEW YORK, NY: EMS Union Seeks More Time to File Class Cert Bid
NEW YORK, NY: Mohamed Sues Over Unpaid Overtime Wages
NEW YORK, NY: Must File Reconsideration Bid by Oct. 7
NFL PLAYER: Alford Suit Seeks to Certify Class of Plan Participants
OMNITRACS LLC: Perry Alleges Illegal Collection of Biometrics
OTS SOLUTIONS: Uwaoma Suit Removed to C.D. California
PACIFIC HOTEL: Fails to Provide Proper Wages, Gallegos Says
PARKDNA LLC: Discloses Drivers' Info Without Consent, Drew Alleges
PENNSYLVANIA STATE UNIVERSITY: Ramey Seeks Initial OK of Settlement
PONCE FINANCIAL: Web Site Not Accessible to Blind, Ortiz Says
PRGX GLOBAL: Settlement in Ebert Suit Gets Initial Nod
PRIME LEADERS: Engages in Unlawful Labor Practices, Esplana Says
PRISMA ENTERTAINMENT: Ramos Sues Over Worker Misclassification
PROSPERITY FOODSERVICE: Ramirez Sues Over Labor Law Breaches
QUEEN NAILS: Faces Kim Wage-and-Hour Suit in D.N.J.
QUICK BOX: Tan Seeks Initial Approval of Settlement
RAUL LABRADOR: Court Certifies Class of Inmates in Robinson Suit
RAYTHEON TECHNOLOGIES: Settlement Reached in Borozny Suit
RECREATIONAL PLUS: Igartua Sues Over Blind-Inaccessible Website
REDWIRE CORP: Lemen Seeks Leave to Amend First Amended Complaint
RK ASSOCIATES: Brito Sues Over Accessibility Barriers in Property
ROBIN HOOD: Website Inaccessible to Blind Users, Igartua Suit Says
ROY'S ROTI: Fails to Pay Proper Wages, Khan Suit Alleges
SCHNEIDER NATIONAL: Removes Lopez Suit to C.D. Calif.
SNOWFLAKE INC: Fails to Protect Private Call Info, Miller Claims
SOLID GROUND: Glaze Sues Over Illegal Debt Collection Practices
SOUTH WESTERN: Fails to Protect Sensitive Data, Lees Suit Says
SPECIALTY NETWORKS: Lovell Hits Illegal Access to Personal Info
SWEDISH INSTITUTE: Herrera Sues for Website's Non-Compliance of ADA
TARGET CORP: Dulitz Sues Over Crackers Sold in Oversized Box
THORNE HEALTHTECH: Share Data Without Consent, Haviland Says
TTC CLEANING: Valania Seeks to Recover Proper Overtime Wages
WELLS FARGO: Flores Sues Over Breach of Contract
YOUNG CONSULTING: Kelly Sues Over Unprotected Private Information
ZOOMINFO: Pontiac Police Retirement System Hits Share Price Drop
*********
3M COMPANY: Papagni Sues Over Exposure to Toxic Film-Forming Foams
------------------------------------------------------------------
Leo Papagni, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-04868-RMG
(D.S.C., Sept. 6, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF") and
firefighter turnout gear ("TOG") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
Hypothyroidism as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall, III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy A-1
Fairhope, AL 36532
Phone: (205) 252-6127
Facsimile: (205) 449-1132
Email: ftk@thekuykendallgroup.com
3M COMPANY: Ray Sues Over Exposure to Toxic Film-Forming Foams
--------------------------------------------------------------
William Ray, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-04850-RMG
(D.S.C., Sept. 5, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF") and
firefighter turnout gear ("TOG") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
Thyroid Disease as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall, III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy A-1
Fairhope, AL 36532
Phone: (205) 252-6127
Facsimile: (205) 449-1132
Email: ftk@thekuykendallgroup.com
3M COMPANY: Roberson Sues Over Exposure to Toxic Chemicals & Foams
------------------------------------------------------------------
Sandy Roberson, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-04839-RMG
(D.S.C., Sept. 5, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF") and
firefighter turnout gear ("TOG") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
Thyroid Disease as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall, III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy A-1
Fairhope, AL 36532
Phone: (205) 252-6127
Facsimile: (205) 449-1132
Email: ftk@thekuykendallgroup.com
3M COMPANY: Rodriguez Sues Over Exposure to Toxic Chemicals
-----------------------------------------------------------
Miguel Angel Cabrera Rodriguez, and other similarly situated v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.;
ARKEMA, INC.; BASF CORPORATION BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; THE CHEMOURS COMPANY;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE
NEMOURS INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU
PONT DE NEMOURS AND COMPANY; FIRE SERVICE PLUS, INC.; FIRE-DEX,
LLC; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCT USA,
INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC INC.; L.N.
CURTIS & SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY
APPLIANCES CO., LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
CO., INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC.; SOUTHERN
MILLS, INC.; STEDFAST USA, INC.; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES,
INC.; and WITMER PUBLIC SAFETY GROUP, Case No. 2:24-cv-04832-RMG
(D.S.C., Sept. 5, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF") and
firefighter turnout gear ("TOG") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
prostate cancer as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Carrie M. Myers, Esq.
Andrea S. Hirsch, Esq.
Brooke F. Cohen, Esq.
COHEN HIRSCH, LP
5256 Peachtree Rd., Suite 195-E
Atlanta, GA 30341
Phone: 678-268-4683
Fax: 678-669-1520
Email: carrie@cohenhirsch.com
andrea@cohenhirsch.com
brooke@cohenhirsch.com
3M COMPANY: Stansberry Sues Over Exposure to Toxic Aqueous Foams
----------------------------------------------------------------
Shawn Stansberry, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD. CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); Case No. 2:24-cv-04836-RMG
(D.S.C., Sept. 5, 2024), is brought for damages for personal injury
resulting from exposure to aqueous film-forming foams ("AFFF") and
firefighter turnout gear ("TOG") containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances ("PFAS").
PFAS includes, but is not limited to, perfluorooctanoic acid
("PFOA") and perfluorooctane sulfonic acid ("PFOS") and related
chemicals including those that degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS.
Further, defendants designed, marketed, developed, manufactured,
distributed, released, trained users, produced instructional
materials, promoted, sold and/or otherwise handled and/or used
underlying chemicals and/or products added to AFFF or TOG which
contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
Ulcerative Colitis as a result of exposure to the Defendants' AFFF
products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Frederick T. Kuykendall, III, Esq.
THE KUYKENDALL GROUP, LLC
23710 US Hwy A-1
Fairhope, AL 36532
Phone: (205) 252-6127
Facsimile: (205) 449-1132
Email: ftk@thekuykendallgroup.com
ABRAM EXPEDITED: Underpays Long Haul Truck Drivers, Hayes Claims
----------------------------------------------------------------
DUFFIE HAYES, on behalf of himself and all others similarly
situated, Plaintiff v. ABRAM EXPEDITED, LLC, Defendant, Case No.
4:24-cv-00852-P (N.D. Tex., September 6, 2024) is a class action
against the Defendant for failure to pay all minimum wages owed in
violation of the Fair Labor Standards Act and the Portal-to-Portal
Pay Act.
The Plaintiff worked for the Defendant as an interstate long haul
truck driver from approximately June 18, 2024, to approximately
July 25, 2024.
Abram Expedited, LLC is an interstate long haul trucking company
based in Fort Worth, Texas. [BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM, LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (972) 707-7816
Facsimile: (972) 591-4564
Email: avaught@txlaborlaw.com
ADVANCE STORES: Monroe et al. Sue Over Private Data Breach
----------------------------------------------------------
STEFONDRA MONROE, TERRY LANE YATES, AND WAYNE PINA, individually
and on behalf of all others similarly situated, Plaintiffs v.
ADVANCE STORES COMPANY, INCORPORATED, ADVANCE AUTO PARTS, INC., and
SNOWFLAKE INC., Defendants, Case No. 5:24-cv-00508-D (E.D.N.C.,
September 5, 2024) arises out of the recent targeted cyberattack
and data breach where unauthorized third-party criminals retrieved
and exfiltrated highly sensitive data belonging to Plaintiffs and
millions of customers.
The data breach involved a targeted cyberattack against Snowflake
Inc., a major player in the data storage and analysis industry, as
well as several of Snowflake's corporate clients, including
Defendants Advance Stores Company Incorporated and Advance Auto
Parts, Inc. The data breach was a direct result of Defendants'
failure to implement adequate and reasonable cybersecurity
procedures and protocols. Accordingly, the Plaintiffs seek redress
for Defendants' unlawful conduct and assert claims for (i)
negligence and negligence per se; (ii) breach of implied contract;
(iii) unjust enrichment; (iv) bailment; and (v) breach of fiduciary
duty.
Headquartered in Raleigh, NC, Advance Auto Parts provides
automotive aftermarket parts to professional installers and
do-it-yourself customers. [BN]
The Plaintiffs are represented by:
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 N. Market Street
Asheville, NC 28801
Telephone: (828) 258-2991
E-mail: dwilkerson@vwlawfirm.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, N.W., Suite 300
Washington, D.C. 20006
Telephone: (202) 540-7200
E-mail: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
E-mail: snathan@hausfeld.com
ALLEN DANDRIDGE: TD Bank Suit Removed to N.D. Illinois
------------------------------------------------------
The case styled as TD BANK USA, N.A., v. ALLEN DANDRIDGE,
Defendant; on behalf of himself and the class members,
Counter-claimant v. TD BANK USA, N.A., Counter-Defendant, and MEYER
NJUS TANICK, PA (PC), Additional Counter-defendant, Case No.
2023-M6-010670 was removed from the Municipal Department Sixth
District of the Circuit Court of Cook County, Illinois, to the
United States District Court for the Northern District of Illinois
on Sept. 6, 2024, and assigned Case No. 1:24-cv-08155.
On August 7, 2024, Dandridge filed a Counterclaim – class action
against TD Bank and MNT. The identical document was refiled on
August 8, 2024 (apparently without exhibits) in order to correct an
inadvertent error relating to payment of the filing fee, according
to footnote 1 of the Refiled Counterclaim. Count II of the Refiled
Counterclaim is brought under the Fair Debt Collection Practices
Act.[BN]
The Counter-Defendants are represented by:
George K. Flynn, Esq.
KARBAL COHEN ECONOMOU SILK DUNNE, LLC
200 S. Wacker Drive, Suite 2550
Chicago, IL 60606
Phone: (312) 431-3700
Email: gflynn@karballaw.com
AMERICAN CLINICAL: Romanchak Sues Over Data Security Failure
------------------------------------------------------------
JOHN ROMANCHAK, III, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN CLINICAL SOLUTIONS LLC,
Defendant, Case No. 9:24-cv-81075-DMM (S.D. Fla., September 5,
2024), arises out of the recent cyberattack and data breach
resulting from Defendant's failure to implement reasonable and
industry standard data security practices.
According to the complaint, RansomHub allegedly breached
Defendant's systems in mid-May and stole the data of more than
500,000 individuals who had samples tested for prescription and
narcotic drugs. While Defendant has not announced the data breach
on its website or sent notice letters to impacted individuals, it
did notify the U.S. Department of Health and Human Services on July
24, 2024, about a hacking/IT incident at Defendant that involved
the personal health information of 300,000 individuals.
Accordingly, the Plaintiff seeks redress for Defendant's unlawful
conduct and asserts claims for negligence, negligence per se,
breach of third-party beneficiary contract, breach of fiduciary
duty, and unjust enrichment.
American Clinical Solutions LLC is a drug confirmation service
provider that delivers testing results for prescription and illicit
narcotics to healthcare providers and medical facilities. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
cardoso@kolawyers.com
AMERICAN HONDA: Geddis-Wright Sues Over Vehicles' Brake Defect
--------------------------------------------------------------
SHAVONNE GEDDIS-WRIGHT, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN HONDA MOTOR COMPANY,
INC., Defendant, Case No. 5:24-cv-04886-MGL (D.S.C., September 6,
2024) is a class action against the Defendant for breach of implied
warranty of merchantability, fraud by omission or fraudulent
concealment, unjust enrichment, strict liability, and violation of
the Magnuson-Moss Warranty Act.
The case arises from the Defendant's manufacturing, advertising,
selling, warranting, and servicing of 2020-2021 Honda Civic,
2020-2023 Honda Ridgeline, 2021-2023 Honda Passport, 2021-2022
Honda Pilot, and 2020 Acura MDX vehicles with defective brake
systems. Specifically, these Class Vehicles have malfunctions
regarding their brake systems in which the tie rod fasteners of the
vehicle become loosened which in turn causes a brake malfunction.
The Defendant's recall does not offer guarantee that the brake
defect will go away permanently and it costs several hours and
money to the Plaintiff and Class members. As a result of the
Defendant's misconduct, the Plaintiff and the Class suffered
damages, says the suit.
American Honda Motor Company, Inc. is an automobile manufacturer
headquartered in Torrance, California. [BN]
The Plaintiff is represented by:
Paul J. Doolittle, Esq.
POULIN | WILLEY | ANASTOPOULO
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
Facsimile: (843) 494-5536
Email: paul.doolittle@poulinwilley.com
cmad@poulinwilley.com
AU10TIX LTD: McLeod Suit Removed to N.D. Illinois
-------------------------------------------------
The case styled as Paul McLeod, on behalf of himself and all others
similarly situated v. AU10TIX LTD. and AU10TIX SERVICES, INC., Case
No. 2024CH06044 was removed from the Circuit Court of Cook County,
Illinois, to the United States District Court for the Northern
District of Illinois on Sept. 6, 2024, and assigned Case No.
1:24-cv-08122.
The Complaint purports to assert class action claims against
Defendants for violations of the 15 ILCS 335/14D ("Illinois
Identification Card Act" or "IICA"), 625 ILCS 5/6-117.1 ("Illinois
Driver's License Act" or "IDLA") and 740 ILCS 14/1 et seq.
("Illinois Biometric Information Privacy Act" or "BIPA"). The
Plaintiff alleges that Defendants violated the IICA and IDLA by
using the images provided by users to improve Defendants'
verification product and for machine learning, without users'
permission. The Plaintiff also alleges that Defendants violated
BIPA by collecting users' biometric information without their
permission.[BN]
The Defendants are represented by:
Christopher A. Wiech
Hillary L. Freesmeier
BAKER & HOSTETLER LLP
1170 Peachtree Street, Suite 2400
Atlanta, GA 30309-7676
Phone: 404.946.9814
Email: cwiech@bakerlaw.com
hfreesmeier@bakerlaw.com
BACK TO LIFE MEDICAL: Johnson-Baity Files TCPA Suit in N.D. Georgia
-------------------------------------------------------------------
A class action lawsuit has been filed against Back to Life Medical
Group, LLC. The case is styled as Cindy Johnson-Baity, individually
and on behalf of all others similarly situated v. Back to Life
Medical Group, LLC, Case No. 1:24-cv-04003-SDG (N.D. Ga., Sept. 6,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Back to Life Medical Group LLC is a leading medical treatment
center in Canton, GA, specializing in interventional pain
medicine.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
26 Grand Georgian Ct.
Cartersville, GA 30121
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
BAXTER INTERNATIONAL: Fails to Protect Personal Info, Robinson Says
-------------------------------------------------------------------
BEVERLY ROBINSON, individually and behalf of others similarly
situated, Plaintiff v. BAXTER INTERNATIONAL, INC., Defendant, Case
No. 1:24-cv-07990 (N.D. Ill., Sept. 3, 2024) is a class action
against Baxter for its failure to properly secure and safeguard
Plaintiff's and other similarly situated Baxter customers' and
employees' personally identifiable information and protected health
information.
Plaintiff MsRobinson learned of the data breach incident after the
Defendant reported the incident to the Office of the California
Attorney General, on August 8, 2024. She provided her PII/PHI to
Defendant on the condition that it be maintained as confidential
and with the understanding that Defendant would employ reasonable
safeguards to protect her PII/PHI.
The Plaintiff and Class Members seek to remedy these harms and
prevent any future data compromise on behalf of themselves and all
similarly situated persons whose personal data was compromised and
stolen as a result of the data breach and who remain at risk due to
Defendant's inadequate data security practices.
Baxter International, Inc. is an American medical equipment
manufacturing company that provides medical professionals and
patients with healthcare products.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Leanna A. Loginov, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
cberman@shamisgentile.com
BOYNE USA: Wins Bid for Corrective Notice, Opt-Out Extension
------------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE ANDERSON, as
trustee for the LAWRENCE T. ANDERSON AND SUZANNE M. ANDERSON JOINT
REVOCABLE LIVING TRUST; ROBERT AND NORA ERHART; and TJARDA CLAGETT,
Plaintiffs, v. BOYNE USA, INC.; BOYNE PROPERTIES, INC.; and SUMMIT
HOTEL, LLC, Defendants, No. CV 21-95-BU-BMM (D. Mt.), Chief Judge
Brian Morris of the United States District Court for the District
of Montana granted the defendants' motion for corrective notice and
to extend the opt-out period.
Boyne owns and operates Big Sky Resort and three condominium hotels
at the base of Big Sky Resort known as the Summit, Shoshone, and
Village Center. Plaintiffs have brought this
class action and asserted claims relating to Boyne's management of
their condo units. The Court certified the class on June 28, 2023.
The Court granted, in part, Plaintiffs' motion for approval of a
class notice on April 15, 2024. The parties retained the services
of a third-party administrator to send out, track, and collect the
class notice and opt-out forms. The deadline for opting out of the
class currently expires on August 11, 2024. Boyne has brought a
motion asking the Court to send out corrective notices and extend
the opt-out deadline. Boyne contends that the Shoshone Condominium
Hotel Owner's Association sent out a letter on July 8, 2024, that
proved improper and likely to confuse and influence potential class
members in their decision to participate in the class. Plaintiffs
argue that the letter was not misleading or confusing, came from a
third-party, and is not likely to influence class members in their
decision to participate in the class.
The Court finds that the SCHOA letter poses risk of confusing
potential class members. First, the SCHOA letter includes
references and discussions of several different lawsuits. The SCHOA
letter discusses the class action lawsuit, a similar lawsuit
pending against Boyne in Michigan, and a lawsuit between the SCHOA
against Boyne. The letter clearly indicates that SCHOA is not a
party to this class action. The Court finds, however,
that the discussion of the various lawsuits throughout the letter
creates a risk of confusion to the potential class members. The
risk that a potential class member without legal training could
confuse the claims between the various lawsuits proves great. The
Court cannot ignore the risk of improper influence presented by the
potential misinterpretation of the letter.
The content of the SCHOA letter also creates a risk of influencing
a potential class member's decision to participate in the lawsuit,
the Court finds. The Court agrees with Plaintiffs that the first
half of the letter primarily presents the same information as the
class notice. The second half of the letter contains several
statements, however, that pose risk of improperly influencing a
potential class member's decision to participate in the class, the
Court states. For example, the SCHOA letter continually refers to
Boyne's "conflicting interests" and "own self-interest" in managing
the class member's units. The letter later discusses Boyne's right
of first refusal and the impact that Boyne's exercise of the right
of first refusal has on owners' property values. The letter further
characterizes Boyne's conduct as "possibly illegal
per the class action" and as damaging to owners' property values.
According to the Court, a belief that the class action will
increase class members' property values, especially if misconstrued
as a statement by legal counsel, proves likely to unduly influence
an owner's decision to participate in the class action.
Boyne has failed to show that any particular class member was
influenced in their decision to participate in the class action.
The Court finds, however, that issuing a corrective notice proves
prudent and appropriate given the Court's warning about influential
class communications, the risk of confusion and influence posed by
the SCHOA letter, and the timing of the letter—during the opt-out
period. The Court will issue a corrective notice to remedy any
confusion or undue influence caused by the SCHOA letter. The Court
will issue a corrective notice and extend the opt-out deadline only
for those potential class members who have owned a condominium
hotel unit in the Shoshone Condominium Hotel. The Court will
extend the opt-out deadline to September 20, 2024, for those
potential class members.
A full-text copy of the Court's Order dated August 13, 2024, is
available at https://urlcurt.com/u?l=85xe11
BROCK PIERCE: Court Stays Discovery in Blotzer
----------------------------------------------
In the class action lawsuit captioned as Blotzer v. Pierce, et al.,
Case No. 3:22-cv-01278 (D.P.R., Filed June 14, 2022), the Hon.
Judge Maria Antongiorgi-Jordan entered an order granting "motion to
stay discovery, and to postpone initial scheduling conference."
-- Discovery is stayed pending the resolution of the request of
class
certification.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA) involving restrictions of use of telephone equipment.[CC]
CALIFORNIA PHYSICIANS': Andrews Files Suit Over Data Breach
-----------------------------------------------------------
FAALON ANDREWS, individually and on behalf of all others similarly
situated, Plaintiff v. CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE
SHIELD OF CALIFORNIA, Defendant, Case No. 4:24-cv-06241 (N.D.
Cal.., Sept. 4, 2024) arises from the Defendant's failure to secure
the personally identifiable information and protected health
information of Plaintiff and the members of the proposed Class.
The Plaintiffs are current and former customers of Defendant. On
August 26, 2024, Young Consulting, Inc., on behalf of Blue Shield,
notified Plaintiff of a cyberattack on its system. Young Consulting
determined that between April 10, 2024, and April 13, 2024, an
unauthorized actor downloaded filed off its system, which contained
the Private Information of Blue Shield customers.
According to the complaint, the private information intruders
accessed and infiltrated from Defendant's systems included, at the
very least name, Social Security numbers, dates of birth, and
insurance policy/claim information. As a result of the data breach,
which Defendant failed to prevent, the private information of its
customers, including Plaintiff and the proposed Class Members, was
stolen, says the suit.
Through this lawsuit, the Plaintiff seeks to hold Defendant
responsible for the injuries they inflicted on Plaintiff and Class
Members due to their impermissibly inadequate data security
measures, and to seek injunctive relief to ensure the
implementation of security measures to protect the Private
Information that remains in Defendant's possession.
California Physicians' Service, d/b/a Blue Shield of California, is
a health insurance company that provides its customers access to
healthcare.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON
WEISELBERG GILBERT
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
CANNON CORP: Fails to Protect Highly Sensitive Info, Misso Says
---------------------------------------------------------------
NICHOLAS MISSO, on behalf of himself and all others similarly
situated, Plaintiff v. THE CANNON CORPORATION d/b/a CANNONDESIGN,
Defendant, Case No. 6:24-cv-06525-CJS (W.D.N.Y., Sept. 3, 2024)
arises from Defendant's failure to protect highly sensitive data of
former employees, including Plaintiff, after cybercriminals
infiltrated its insufficiently protected computer systems in a data
breach.
According to the complaint, the cybercriminals were able to breach
Defendant's systems because Defendant failed to adequately train
its employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class' personal
identifiable information. In short, Defendant's failures placed the
Class' PII in a vulnerable position -- rendering them easy targets
for cybercriminals.
As a direct and traceable result of Defendant's negligence and/or
negligent supervision, the Plaintiff and Class Members have
suffered or will suffer damages, including monetary damages,
increased risk of future harm, embarrassment, humiliation,
frustration, and emotional distress.
The Cannon Corpoation is an architecture, engineering, and design
firm with sixteen offices throughout the United States.[BN]
The Plaintiff is represented by:
James Bilsborrow, Esq.
WEITZ & LUXENBERG, PC
700 Broadway
New York, NY 10003
Telephone: (212) 558-5500
E-mail: jbilsborrow@weitzlux.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
CDK GLOBAL: Formula Sports Suit Transferred to N.D. Illinois
------------------------------------------------------------
The case styled as Formula Sports Cars, Inc; Prestige Motor Car
Imports, LLC.; Bill Holt Chevrolet Of Canton, Inc.; Bill Holt
Chevrolet Of Blue Ridge, Inc.; Annie Ortiz; Alexis Janet Pino,
individually and on behalf of all similarly situated v. CDK GLOBAL,
LLC., Case No. 1:24-cv-22505 was transferred from the U.S. District
Court for the Southern District of Florida, to the U.S. District
Court for the Northern District of Illinois on Sept. 6, 2024.
The District Court Clerk assigned Case No. 1:24-cv-08120 to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
CDK Global Inc. -- https://www.cdkglobal.com/ -- is an American
multinational corporation based in Austin, Texas, providing data
and technology to the automotive, heavy truck, recreation, and
heavy equipment industries.[BN]
The Plaintiffs are represented by:
Alfred Armas, Esq.
Francesco A. Zincone, Esq.
Eduardo E. Bertran, Esq.
ARMAS BERTRAN ZINCONE
2701 S. LeJeune Rd., 10th Fl.
Miami, FL 33134
Phone: (305) 461-5000
Email: alfred@armaslaw.com
fzincone@armaslaw.com
ebertran@armaslaw.com
- and -
John H Ruiz, Esq.
Frank Quesada, Esq.
Marcus Davide, Esq.
MSP RECOVERY LAW FIRM
2701 S. Lejeune Road, 10th Floor
Coral Gables, FL 33134
Phone: 305-614-2222
Email: jruiz@msprecoverylawfirm.com
fquesada@msprecoverylawfirm.com
mdavide@msprecoverylawfirm.com
serve@msprecoverylawfirm.com
- and -
Gonzalo Dorta, Esq.
DORTA LAW
334 Minorca Avenue
Coral Gables, FL 33134
Phone: 305-441-2299
Email: grd@dortalaw.com
file@dortalaw.com
CHG HEALTHCARE: Fails to Pay Proper Wages, Hernandez Alleges
------------------------------------------------------------
SHEILA HERNANDEZ, individually and on behalf of all others
similarly situated, Plaintiff v. CHG HEALTHCARE SERVICES, INC.,
Defendant, Case No. 0:24-cv-61669 (S.D. Fla., Sept. 11, 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 Hernandez was employed by the Defendant as a medical
staff coordinator.
CHG Healthcare Services, Inc. provides recruitment and staffing
services. The Company offers permanent placement and temporary
staffing for physicians, nurses, physician assistants, nurse
practitioners, therapists, lab clinicians, and other healthcare
professionals. [BN]
The Plaintiff is represented by:
Angeli Murthy, Esq.
MORGAN & MORGAN, P.A
8151 Peters Road Suite 4000
Plantation, FL 33324
Telephone: (954) 327-5369
Facsimile: (954) 327-3016
Email: amurthy@forthepeople.com
CORDEA CONSULTING: Fails to Pay Proper Wages, Newman Alleges
------------------------------------------------------------
LAUREN NEWMAN, individually and on behalf all others similarly
situated, Plaintiff v. CORDEA CONSULTING, L.L.C., Defendant, Case
No. 9:24-cv-81096-DSL (S.D. Fla., Sept. 10, 2024) is an action
against the Defendant's failure to pay the Plaintiff and the class
overtime compensation for hours worked in excess of 40 hours per
week.
Plaintiff Newman was employed by the Defendant as a consultant.
Cordea Consulting LLC is an information technology consulting firm
serving the healthcare industry. [BN]
The Plaintiff is represented by:
Jason L. Gunter, Esq.
Conor P. Foley, Esq.
GUNTERFIRM
2165 W. First St., #104
Fort Myers, FL 33901
Telephone: (239) 334-7017
Email: Jason@GunterFirm.com
Conor@GunterFirm.com
- and -
Harold Lichten, Esq.
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston St., Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
Email: hlichten@llrlaw.com
osavytska@llrlaw.com
CULBERTSON MEMORIAL: Discloses Info to 3rd Parties, Hannant Says
----------------------------------------------------------------
ALANA HANNANT, individually and on behalf of all others similarly
situated, Plaintiff v. CULBERTSON MEMORIAL HOSPITAL FOUNDATION
d/b/a SARAH D. CULBERTSON MEMORIAL HOSPITAL, Defendant, Case No.
4:24-cv-04164-SLD-JEH (C.D. Ill., September 6, 2024) is a class
action against the Defendant for negligence, negligence per se,
invasion of privacy, breach of implied contract, unjust enrichment,
breach of implied duty of confidentiality, and violations of
Illinois Consumer Fraud and Deceptive Business Practices Act, the
Illinois Eavesdropping Statute, the Electronic Communications
Privacy Act, and the Computer Fraud and Abuse Act.
The case arises from the Defendant's alleged practice of disclosing
the personally identifiable information and personal health
information of the Plaintiff and similarly situated patients to
third parties without consent. The Defendant knowingly configured
and implemented into its website, https://cmhospital.com/,
code-based tracking devices known as trackers or tracking
technologies, which collected and transmitted patients' private
information to Facebook, Google, Microsoft, and possibly other
third parties, without patients' knowledge or authorization. As a
result of the Defendant's illegal conduct, the Plaintiff and Class
members have suffered damages, says the suit.
Culbertson Memorial Hospital Foundation, doing business as Sarah D.
Culbertson Memorial Hospital, is a healthcare provider in Illinois.
[BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Mallory K. Schiller, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenandmalad.com
mschiller@cohenandmalad.com
- and -
J. Gerard Stranch, IV, Esq.
Andrew E. Mize, Esq.
Emily E. Schiller, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
amize@stranchlaw.com
eschiller@stranchlaw.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS & BORELLI, PLLC
One Magnificent Mile
980 North Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Email: sam@straussborrelli.com
raina@straussborrelli.com
CVS HEALTH: Tatone Sues Over Alleged Securities Law Violations
--------------------------------------------------------------
ORLANDO TATONE, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. CVS HEALTH CORPORATION, KAREN S. LYNCH,
SHAWN M. GUERTIN, and THOMAS F. COWHEY, Defendants, Case No.
1:24-cv-06771 (S.D.N.Y., September 6, 2024), alleges violations of
the federal securities laws and seeks to pursue remedies under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and
Rule 10b-5.
Plaintiff Tatone brings this federal securities class action on
behalf of a class consisting of all persons and entities other than
Defendants that purchased or otherwise acquired CVS securities
between February 9, 2022 and April 30, 2024, both dates inclusive.
Throughout the said period, the Defendants allegedly failed to
disclose that, among other things, CVS had deficient internal
controls and that its financial statements for the fiscal year 2022
contained false and/or misleading information. As a result of
Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the CVS's securities, Plaintiff and
other Class members have suffered significant losses and damages,
says the suit.
Headquartered in Woonsocket, RI, CVS is a healthcare company that
operates through three primary segments: health care benefits,
health services, and pharmacy & consumer wellness. Its common stock
trades in an efficient market on the NYSE under the ticker symbol
“CVS”. [BN]
The Plaintiff is represented by:
Phillip Kim, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 686-1060
Facsimile: (212) 202-3827
E-mail: philkim@rosenlegal.com
lrosen@rosenlegal.com
DEL FRISCO'S: Motyka Seeks Unpaid Wages, Misappropriated Tips
-------------------------------------------------------------
BRITTNI MOTYKA, STEVEN NADEAU, and RINA LOSHAJ, on behalf of
themselves and all others similarly situated, Plaintiffs v. DEL
FRISCO'S OF NEW YORK, LLC, JOHN DOE 1 through 10, and ABC CO. 1
through 10, Defendants, Case No. 1:24-cv-06665 (S.D.N.Y., Sep. 3,
2024) seeks to recover minimum wages, overtime compensation,
misappropriated tips, and other damages for Plaintiffs and
similarly situated persons pursuant to the Fair Labor Standards Act
and the New York Labor Law.
According to the complaint, the Defendants violated the federal and
state laws by engaging in a pattern and practice of intentionally
failing to pay Plaintiffs for each hour worked, including overtime.
The Defendants willfully and intentionally failed to record all the
time that Plaintiffs worked, including time worked in excess of 40
hours per week, as part of their illegal policy. The Plaintiffs
allege that they are entitled to recover from Defendants: unpaid
wages, unpaid overtime, liquidated damages, pre-judgement and
post-judgement interest, and attorneys' fees and costs.
The Plaintiffs were previously employed by the Defendants as
bartenders and full-time servers.
Del Frisco's of New York, LLC is a steakhouse located in New
York.[BN]
The Plaintiffs are represented by:
Thomas H. Andrykovitz, Esq.
THE LAW OFFICES OF THOMAS H. ANDRYKOVITZ, P.C.
260 Madison Avenue, 15th Floor
New York, NY 10017
Telephone: (212) 983-8999
EASTERN ATLANTIC: Dominguez Sues Over Unpaid Overtime, Retaliation
------------------------------------------------------------------
DORIAN DOMINGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. EASTERN ATLANTIC SALES INC., d/b/a
GULFSTREAM CONTAINER, Defendant, Case No. 1:24-cv-23458 (S.D. Fla.,
September 6, 2024) is a class action against the Defendant for
failure to pay overtime wages and retaliatory discharge in
violation of the Fair Labor Standards Act.
The Plaintiff worked for the Defendant as a welder from
approximately November 20, 2023, to August 01, 2024.
Eastern Atlantic Sales Inc., doing business as Gulfstream
Container, is a manufacturer of containerized metal enclosures,
shipping containers, fuel tanks, and other metal structures based
in Florida. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
EQUIFAX LLC: Baker Files FCRA Suit in N.D. Georgia
--------------------------------------------------
A class action lawsuit has been filed against Equifax, LLC. The
case is styled as Tyler Baker, Jennifer Bozue, Laura Brookman, Eric
Heard, Edwin Woodburne, Roberta Wright, on behalf of themselves and
all others similarly situated v. Equifax, LLC, Case No.
1:24-cv-04004-VMC-RDC (N.D. Ga., Sept. 6, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Equifax -- https://www.equifax.com/ -- is one of the three
nationwide providers of consumer reports.[BN]
The Plaintiffs are represented by:
Mark A. Carey, Esq.
LAW OFFICES OF MARK A. CAREY, P.C.
131 North Park Avenue, Ste. 275
Buffalo, NY 14216
Phone: (716) 853-9243
Email: markcareylaw@ymail.com
FLORIDA LUXURY: Orellana Seeks Construction Staff's Unpaid Overtime
-------------------------------------------------------------------
ALEX GARCIA ORELLANA, individually and on behalf of all others
similarly situated, Plaintiff v. FLORIDA LUXURY CABINETS CORP,
CHRISTOPHER RASCIONATO, and MARIA M. RASCIONATO, Defendants, Case
No. 9:24-cv-81083 (S.D. Fla., September 6, 2024) is a class action
against the Defendants for unpaid overtime wages in violation of
the Fair Labor Standards Act.
The Plaintiff worked for the Defendants as a construction employee
from approximately June 11, 2023, to March 02, 2024.
Florida Luxury Cabinets Corp is a designer and manufacturer of
house cabinets based in Boca Raton, Florida. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
FRLJ-MAZ LLC: Jorge Files TCPA Suit in S.D. Florida
---------------------------------------------------
A class action lawsuit has been filed against FRLJ-MAZ LLC. The
case is styled as Roberto Jorge, individually and on behalf of all
others similarly situated v. FRLJ-MAZ LLC doing business as: MAZDA
OF NORTH MIAMI, Case No. 1:24-cv-23456-XXXX (S.D. Fla., Sept. 6,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Frlj-Maz LLC doing business as Mazda of North Miami --
https://www.mazdaofnorthmiami.com/ -- is a Mazda dealer in Miami
Gardens, Florida.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
14 N.E. 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
GITLAB INC: Dolly Sues Over Share Price Drop
--------------------------------------------
ARLIE DOLLY, individually and on behalf of all others similarly
situated, Plaintiff v. GITLAB INC., SYTSE SIJBRANDIJ, AND BRIAN G.
ROBINS, Defendants, Case No. 3:24-cv-06244 (N.D. Cal., Sept. 4,
2024) is a federal securities class action on behalf of the
Plaintiff and all investors who purchased or otherwise acquired
GitLab securities between June 6, 2023 and March 4, 2024,
inclusive, seeking to recover damages caused by Defendants'
violations of the Securities Exchange Act and Rule 10b-5
promulgated thereunder.
According to the complaint, the Defendants created the false
impression that they possessed reliable information pertaining to
the Company's ability to develop and incorporate AI throughout the
software development cycle in order to optimize code generation
thereby increasing market demand and making all levels of software
development more affordable and properly monetizing its AI
features. In truth, there was weak market demand for Gitlab's
touted AI features and the Company was incurring an increasing
amount of expenses involving JiHu, its joint venture in China, as
well as the annual company-wide summit. The Defendants misled
investors by continually highlighting its AI-driven innovations to
develop software more efficiently and drive market share demands,
says the suit.
Consequently, the truth emerged on March 4, 2024, when GitLab
issued a press release reporting a strong Q1 in 2024, followed by
an announcement lowering full-year guidance for 2025. In pertinent
part, the Defendants announced that the company needed time to
build its pipeline and close deals on new products.
Investors and analysts reacted immediately to GitLab's revelation.
The price of GitLab's common stock declined dramatically. From a
closing market price of $74.47 per share on March 4, 2024, GitLab's
stock price fell to $58.84 per share on March 5, 2024, a decline of
about 21% in the span of just a single day, the suit alleges.
GitLab Inc. is a global software company that designs and develops
software solutions.[BN]
The Plaintiff is represented by:
Adam M. Apton, Esq.
LEVI & KORSINSKY, LLP
1160 Battery Street East, Suite 100
San Francisco, CA 94111
Telephone: (415) 373-1671
E-mail: aapton@zlk.com
GLOBAL E-TRADING: Bid to Stay Class Cert Proceedings Tossed
-----------------------------------------------------------
In the class action lawsuit captioned as Sihler, et al., v. Global
e-Trading, LLC, et al., Case No. 8:23-cv-01450 (M.D. Fla., Filed
June 28, 2023), the Hon. Judge Virginia M. Hernandez Cov entered an
endorsed order denying without prejudice the Defendants' opposed
motion to stay class certification proceedings pending resolution
of Defendants' petition for Rule 23(f) permissive appeal.
The Defendants have not shown persuasive reasons to stay this case
as to the class certification proceedings during the pendency of
the Rule 23(f) petition. Notably, the Eleventh Circuit "use[s]
restraint in accepting Rule 23(f) petitions, and these
interlocutory petitions [are not] accepted as a matter of course."
Prado-Steiman ex rel. Prado v. Bush, 221 F.3d 1266, 1277 (11th Cir.
2000).
"Because this type of appeal is rarely granted by appellate courts,
district courts disfavor a stay of district-court proceedings
pending a Circuit Court's ruling on permission to pursue an
interlocutory appeal." Bacon v. Stiefel Lab'ys, Inc., 837 F. Supp.
2d 1280, 1282 (S.D. Fla. 2011).
Even a stay of only the class certification proceedings is
premature before a Rule 23(f) petition has been granted. If,
however, the Eleventh Circuit grants Defendants' Rule 23(f)
petition, Defendants may renew their motion to stay the case for
the pendency of that appeal. Signed by Judge Virginia M. Hernandez
Covington on Sept. 3, 2024.
The suit alleges violations of the Racketeer Influenced and Corrupt
Organizations (RICO) Act.
Global E-Trading operates within the data processing, hosting, and
related services industry.[CC]
GRAND LODGING: Foster Sues Over Discriminative Facilities
---------------------------------------------------------
Leland Foster, individually, and on behalf of individuals similarly
situated v. GRAND LODGING, INC., Case No. 2:24-cv-12320-TGB-CI
(E.D. Mich., Sept. 5, 2024), is brought pursuant to the enforcement
provision of the American with Disabilities Act of 1990 (the "ADA")
as a result of the Defendants discrimination against the Plaintiff
in violation of the ADA by failing to, inter alia, have accessible
facilities by January 26, 1992 (or January 26, 1993, if Defendant
has 10 or fewer employees and gross receipts of $500,000 or less).
The facilities owned and operated by Grand Lodging, Inc. are
non-compliant with the remedial provisions of the ADA. As Defendant
owns, leases, leases to, or operates a place of public
accommodation as defined by the ADA and the regulations
implementing the ADA, Defendant is responsible for complying with
the obligations of the ADA. Defendant's facility as a hotel and
place of public accommodation fails to comply with the ADA and its
regulations
The Plaintiff requires further inspection of the Defendant's place
of public accommodation in order to determine, photograph and
measure all of the discriminatory acts violating the ADA and areas
of non-compliance with the Americans with Disabilities Act creating
barriers to access for people with disabilities. The plaintiff has
been denied access to Defendant's accommodations; benefit of
services; activities; and has otherwise been discriminated against
and damaged by the Defendant, as set forth above. The individual
Plaintiff, and all others similarly situated will continue to
suffer such discrimination, injury and damage without the immediate
relief provided by the ADA as requested herein, says the
complaint.
The Plaintiff qualifies as an individual with disability.
Grand Lodging, Inc. operates and owns a Comfort Inn & Suites
located in Grand Blanc Twp, Michigan in Genesee, County.[BN]
The Plaintiff is represented by:
Owen B. Dunn, Jr., Esq. (p66315)
LAW OFFICES OF OWEN DUNN, JR.
The Offices of Unit C
6800 W. Central Ave., Suite C-1
Toledo, OH 43617
Phone: (419) 241-9661
Facsimile: (419) 241-9737
Monroe, MI (734) 240-0848
Email: obdjr@owendunnlaw.com
GREAT KITCHEN: Faces Cruz-Pena Wage-and-Hour Suit in E.D.N.Y.
-------------------------------------------------------------
PEDRO CRUZ-PENA, on behalf of himself and all others similarly
situated, Plaintiff v. GREAT KITCHEN SUPPORT CORP and CHRISTIAN
DIAZ, Defendants, Case No. 1:24-cv-06263 (E.D.N.Y., September 6,
2024) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
failure to pay overtime wages, failure to pay minimum wages,
failure to pay spread-of-hours compensation, failure to furnish
accurate wage statements, failure to furnish accurate wage notices,
failure to reimburse for cost of uniform, and failure to compensate
for uniform maintenance.
The Plaintiff worked for the Defendants as a cook from in or around
June 2021 to the end of December 2022.
Great Kitchen Support Corp is a catering company based in Brooklyn,
New York. [BN]
The Plaintiff is represented by:
Brian E. Nettle, Esq.
Alexander T. Coleman, Esq.
Michael J. Borrelli, Esq.
BORRELLI & ASSOCIATES, P.L.L.C.
910 Franklin Avenue, Suite 205
Garden City, NY 11530
Telephone: (516) 248-5550
Facsimile: (516) 248 6027
HAPPY DAYS DISPENSARY: Igartua Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against Happy Days Dispensary
Inc. The case is styled as Juan Igartua, on behalf of himself and
all others similarly situated v. Happy Days Dispensary Inc., Case
No. 1:24-cv-06752 (S.D.N.Y., Sept. 5, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Happy Days Dispensary, Inc. -- https://happydaysli.com/ -- is a
medical marijuana dispensary located in Farmingdale, New York.[BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
JON L. NORINSBERG, ESQ., PLLC
110 East 59th Street, Suite 2300
New York, NY 10022
Phone: (212) 791-5396
Fax: (212) 406-6890
Email: jon@norinsberglaw.com
INTEGRA LIFESCIENCES: Myers Suit Removed to D. New Jersey
---------------------------------------------------------
The case styled as Ann Marie Myers, individually and on behalf of
all others similarly situated v. INTEGRA LIFESCIENCES CORP., Case
No. MER-L-001510-24 was removed from the Superior Court of the
State of New Jersey, Mercer County, to the United States District
Court for the District of New Jersey on Sept. 5, 2024, and assigned
Case No. 3:24-cv-08966.
In her Complaint, Plaintiff alleges that Integra: failed to
accommodate her; discriminated against her based on her religion;
and retaliated against her in violation of the New Jersey Law
Against Discrimination ("NJLAD"). The Plaintiff also alleges
violations of the New Jersey Wage and Hour Law and asserts claims
for "Declaratory Judgment," Unjust Enrichment, and Breach of
Contract.[BN]
The Defendants are represented by:
John T. McDonald, Esq.
Saranne E. Weimer, Esq.
Wendy D. Choi, Esq.
REED SMITH LLP
506 Carnegie Center, Suite 300
Princeton, NJ 08540
Phone: (609) 987-0050
Fax: (609) 951-0824
INTEGRITY WEALTH: Williamson & Novoa Sue Over Alleged Ponzi Scheme
------------------------------------------------------------------
RACHEL LYNN WILLIAMSON and CONSTANCE NOVOA, individually and on
behalf of all others similarly situated, Plaintiffs v. GERARDO
LORENZO LINARDUCCI, an Indiana individual, and INTEGRITY WEALTH
PARTNERS, LLC, an Indiana limited liability corporation, and DUCCI
ENTERPRISE, LLC, an Indiana limited liability corporation,
Defendants, Case No. 1:24-cv-01526-TWP-MJD (S.D. Ind., September 6,
2024) accuses the Defendants of violating the federal securities
laws.
The Plaintiffs allege that the Defendants orchestrated and carried
out a Ponzi scheme in which investors were lured with promises of
lucrative returns through purported real estate investments.
However, the said real estate investments were unregistered
securities in the form of Real Estate Acceleration Loans.
Accordingly, the Plaintiffs bring this action on behalf of
themselves and a proposed class of investors to recover funds
misused, commingled, and stolen by Russell Todd Burkhalter and
Drive Planning on the direct recommendations of Defendants Gerardo
Lorenzo Linarducci, Integrity Wealth Partners, and Ducci
Enterprise, LLC.
.
Integrity Wealth Management is an Indiana limited liability company
headquartered in Crown Point, IN. [BN]
The Plaintiffs are represented by:
Ross M. Good, Esq.
Shawn M. Good Esq.
THE GOOD LAW GROUP
800 E. Northwest Hwy, Ste 814
Palatine, IL 60074
Telephone: (847) 577-4476
Facsimile: (800) 709-1179
E-mail: Ross@thegoodlawgroup.com
Shawn@thegoodlawgroup.com
- and -
Jeffrey Sonn, Esq.
SONN LAW GROUP PA
19495 Biscayne Blvd, Suite 607
Aventura, Fl 33180
Telephone: (305) 912-3000
Facsimile: 786-485-1501
E-mail: Jsonn@Sonnlaw.com
- and -
Brian B. Pastor, Esq.
SONN LAW GROUP PA
3455 Peachtree Rd NE, Ste. 500
Atlanta, GA 30326
Telephone: (305) 912-3000 Ext. 538
Facsimile: (404) 607-7121
E-mail: BPastor@SonnLaw.com
- and -
Mark E. Maddox Esq.
MADDOX HARGETT & CARUSO PC
10150 Lantern Rd, Ste 175
Fishers, IN 46037
Telephone: (317) 598-2043
Facsimile: (317) 598-2050
E-mail: mmaddox@mhclaw.com
KELLER WILLIAMS: Parties Seek More Time to Complete Class Discovery
-------------------------------------------------------------------
In the class action lawsuit captioned as JAMES HAVASSY,
individually, and on behalf of all others similarly situated, v.
KELLER WILLIAMS REALTY, INC., PETER HEWITT and KELLY HOUSTON, Case
No. 2:21-cv-04608-TJS (E.D. Pa.), the Parties ask the Court to
enter an order extending the deadline to complete class discovery
and the deadline to file a motion for class certification.
On Court's June 11, 2024, this Court entered a Scheduling Order.
Under the current scheduling Order, the Parties must complete
discovery relevant to class certification on or before September
27, 2024, and Plaintiff must move for class certification by
October 18, 2024.
The Plaintiffs served written discovery, including interrogatories
and requests for production on Defendant KWRI and Defendants Hewitt
and Houston on June 13, 2024.
The Plaintiffs sought discovery inter alia on the number of persons
called by or on behalf of Hewitt and Houston, utilizing
pre-recorded messages, as well as the number of persons who
received solicitation calls while their numbers had been registered
on the National Do-NotCall Registry.
KWRI served responses and responsive documents on July 15, 2024.
After Havassy's counsel afforded an extension to Hewitt and
Houston, they served responses and responsive documents on August
2, 2024.
Both KWRI and Hewitt and Houston denied having records of putative
class members in their responses. Rather, Hewitt and Houston
advised those records may be in the possession of a third-party,
CallTend, Inc. ("CallTend").
The Parties met and conferred via teleconference on August 12,
2024. Plaintiff’s counsel is working with Hewitt and Houston’s
counsel to retrieve certain of the relevant records.
While Plaintiff maintains the position that the records should be
in the possession, custody and/or control of Defendants, he has
also served a subpoena on third-party CallTend.
That subpoena was served on CallTend on August 22, 2024.
No responsive documents have yet been received from CallTend.
Keller Williams Realty is an American technology and international
real estate franchise.
A copy of the Parties' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xMQdpj at no extra
charge.[CC]
The Plaintiff is represented by:
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN, P.C.
30 East Butler Pike
Ambler, PA 19002
Telephone: (267) 468-5374
Facsimile: (877) 788-2864
E-mail: jginsburg@creditlaw.com;
teamkimmel@creditlaw.com
- and -
Christopher E. Roberts, Esq.
BUTSCH ROBERTS & ASSOCIATES LLC
231 South Bemiston Avenue, Suite 260
Clayton, MO 63105
Telephone: (314) 863-5700
Facsimile: (314) 863-5711
E-mail: roberts@butschroberts.com
The Defendants are represented by:
Todd P. Stelter, Esq.
John P. Ryan, Esq.
HINSHAW & CULBERTSON LLP
151 North Franklin Street, Suite 2500
Chicago, IL 60606
Telephone: (312) 704-3000
Facsimile: (312) 704-3001
E-mail: tstelter@hinshawlaw.com
jryan@hinshawlaw.com
- and -
Thomas J. Gregory, Esq.
O'CONNOR KIMBALL, LLP
Two Penn Center Plaza, Suite 1100
1500 John F. Kennedy Boulevard
Philadelphia, PA 19102
Telephone: (215) 564-0400
Facsimile: (215) 564-1973
E-mail: tgregory@okllp.com
KELLY SERVICES: Zandante Sues to Recover Unpaid Overtime Wages
--------------------------------------------------------------
Juan L. Zandante, individually and for others similarly situated v.
KELLY SERVICES GLOBAL, LLC, Case No. 4:24-cv-03303 (S.D. Tex.,
Sept. 5, 2024), is brought to recover unpaid overtime wages and
other damages from the Defendant in violation of the Fair Labor
Standards Act (FLSA).
The Plaintiff and the other Nonexempt Employees regularly work more
than 40 hours a workweek. But the Defendant does not pay them
overtime wages for hours worked in excess of 40 a workweek.
Instead, the Defendant pays the Plaintiff and the other Nonexempt
Employees in one of two ways, both of which fail to provide
overtime wages, in willful violation of the FLSA.
First, the Defendant pays the Plaintiff and the other Nonexempt
Employees a flat amount for each day worked and no overtime
compensation (the Defendant' "day rate pay scheme"). Second, the
Defendant pays the Plaintiff and the other Nonexempt Employees the
same hourly rate for all hours worked, including hours in excess of
40 a workweek (the Defendant' "straight time for overtime pay
scheme"), says the complaint.
The Plaintiff was employed by the Defendant as one of its Nonexempt
Employees.
Kelly Services is a staffing company that bills itself as "creating
limitless opportunities by connecting people to work in ways that
enrich their lives," including in Arizona.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
KENDAL NUTRICARE: Kendamil's Health Claims "False," Gutierrez Says
------------------------------------------------------------------
ALANA GUTIERREZ, individually and on behalf of all others similarly
situated, Plaintiff v. KENDAL NUTRICARE USA LLC, Defendant, Case
No. 2:24-at-01149 (E.D. Cal., September 6, 2024) is a class action
against the Defendant for violations of California's Consumer Legal
Remedies Act, California's Unfair Competition Law, and California's
False Advertising Law, common law fraud, deceit, and/or
misrepresentation, unjust enrichment, and injunctive relief.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of the Kendamil
Toddler Drink. According to the complaint, the Defendant misbranded
the product by making nutrient content claims on the packages that
the product provides physical health benefits for children under
two years of age. In fact, the product is harmful both
nutritionally and developmentally for children under two. As a
result of the Defendant's misconduct, the Plaintiff and similarly
situated consumers purchased the product at a premium price, says
the suit.
Kendal Nutricare USA LLC is a manufacturer of nutrition products,
headquartered in Boulder, Colorado. [BN]
The Plaintiff is represented by:
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
Nathan N. Kiyam, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
Email: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelawyers.com
Nate.Kiyam@capstonelawyers.com
KOOTENAI HEALTH: Elli Sues Over Patients' Compromised Info
----------------------------------------------------------
STEVEN ELLI, on behalf of himself and a class of similarly situated
persons, Plaintiff v. KOOTENAI HEALTH, INC., Defendant, Case No.
2:24-cv-00411-DCN (D. Idaho, Sept. 4, 2024) seeks to remedy harms
made by the Defendant to the Plaintiff and all similarly situated
individuals whose private information was accessed during a data
breach.
As Defendant has admitted, "On March 2, 2024, Kootenai Health
became aware of unusual activity that disrupted access to certain
IT systems." Kootenai finished its "comprehensive review of the
impacted data to determine what personal and or protected health
information was involved . . . on August 1, 2024."
On August 12, 2024, Kootenai first disclosed on its website that
its networks had been compromised in a cyberattack that was first
detected on March 2, 2024. But, Kootenai has yet to notify all of
the impacted consumers to this day. Affected individuals have still
not received any definitive statement from Kootenai whether their
personal and health information has been compromised.
As a result of the data breach, through which their personal
identifying information and protected health information were
compromised, disclosed, and obtained by unauthorized third parties,
the Plaintiff and Class members have suffered concrete damages and
are now exposed to a heightened and imminent risk of fraud and
identity theft for a period of years, if not decades. Furthermore,
the Plaintiff and similarly situated patients must now and in the
future closely monitor their financial accounts to guard against
identity theft, at their own expense, says the suit.
Kootenai Health, Inc. provides medical services to patients in
northern Idaho and throughout the Inland Northwest.[BN]
The Plaintiff is represented by:
Jaren Wieland, Esq.
MOONEY WIELAND WARREN
512 W. Idaho St., Suite 103
Boise, ID 83702
Telephone: (208) 401-9219
Facsimile: (888) 234-8543
E-mail: jaren.wieland.service@mooneywieland.com
- and -
Thomas E. Loeser, Esq.
Karin B. Swope, Esq.
Ellen J. Wen, Esq.
COTCHETT, PITRE & MCCARTHY LLP
999 N. Northlake Way, Suite 215
Seattle, WA 98103
Telephone: (206) 970-8181
Facsimile: (650) 697-0577
E-mail: tloeser@cpmlegal.com
kswope@cpmlegal.com
ewen@cpmlegal.com
KPC PROMISE: Obot-Akata Alleges ERISA Violations
------------------------------------------------
MARY LEBRUN OBOT-AKATA, BRIA. BLACK, CRYSTAL MICHELLE PHILLIPS,
EMILY KATHERINE HENESH, HOLLY MARIE LYONS, KYLIE E. BARKER, MATTHEW
JOSEPH ELLISON, MARGARET M. FIORENTINO, MELANY A. MCCARTY, MITCHELL
R. BROWN, SHANNON LEE COMPTON, and TANA PAIGE MITCHELL,
individually and on behalf of themselves, the Plan and all others
similarly situated, Plaintiffs v. KPC PROMISE HEALTHCARE, LLC, THE
KPC GROUP, KPC HEALTHCARE, INC., and KALI P. CHAUDHURI, Defendants,
Case No. 5:24-cv-01893 (C.D. Cal., September 5, 2024) accuses the
Defendants of violating the Employee Retirement Income Security Act
of 1974 and seeks restitution, injunctive relief, and other
appropriate relief for harms suffered by the KPC Promise Healthcare
LLC Health and Welfare Plan and its participants, including
Plaintiffs.
Beginning in approximately January 2023, the Company allegedly
failed to remit many employee contributions to the Plan and failed
to adequately fund the Plan. Instead, Defendants retained the funds
and misused Plan assets, engaged in self-dealing transactions by
commingling Plan assets with general corporate funds and using them
for their own benefit, and otherwise failed to administer the Plan
in the interest of Plan participants. As a result of Defendants'
failures to properly fund the Plan, the Plaintiffs and similarly
situated Plan participants and beneficiaries have received
collections notices from medical providers and their credit scores
have been adversely affected, says the suit.
Headquartered in Corona, CA, KPC Group provides services for the
medical and healthcare industry. It owns and operates a number of
hospitals and skilled nursing facilities. [BN]
The Plaintiffs are represented by:
Eric Lechtzin, Esq.
EDELSON LECHTZIN, LLP
411 South State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399, Ext. 1
E-mail: elechtzin@edelson-law.com
- and -
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
KSB HOSPITAL: Noftz et al. Sue Over Unlawful Info Disclosure
------------------------------------------------------------
CHLOE NOFTZ, TONYA BLACK AND KENNETH WEINSTOCK, on behalf of
themselves and all others similarly situated, Plaintiff v. KSB
HOSPITAL FOUNDATION D/B/A KSB HOSPITAL F/K/A KATHERINE SHAW BETHEA
HOSPITAL, Case No. 1:24-cv-08100 (N.D. Ill., September 5, 2024)
seeks to address Defendant's improper practice of disclosing the
confidential personally identifying information and/or protected
health information of Plaintiffs and the proposed Class Members to
third parties, including Meta Platforms, Inc. d/b/a Meta and
potentially others via tracking technologies used on its website.
Operating as designed and as implemented by Defendant, the Meta
Pixel allowed Defendant to unlawfully disclose Plaintiffs and Class
Members' private health information, alongside identifying details
to Facebook. By installing the Meta Pixel on its website, Defendant
effectively planted a bug on Plaintiffs' and Class Members' web
browsers and compelled them to disclose Private Information and
confidential communications to Facebook without their authorization
or knowledge. Accordingly, the Plaintiffs assert claims for
negligence, negligence per se, breach of express contract, breach
of implied contract, unjust enrichment, bailment, and for
violations of the Illinois Eavesdropping Statute, the Electronic
Communications Privacy Act, and the Computer Fraud and Abuse Act.
Headquartered in Dixon, IL, KSB Hospital Foundation offers a full
range of medical services including hospital medicine, birth place,
medical imaging, intensive care unit, wound care, cardiology,
surgery, laboratory and home health care. [BN]
The Plaintiffs are represented by:
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORELLI PLLC
One Magnificent Mile
980 North Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
- and -
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
Mallory K. Schiller, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenandmalad.com@cohenandmalad.com
mschiller@cohenandmalad.com
- and -
J. Gerard Stranch, IV, Esq.
Andrew E. Mize, Esq.
Emily E. Schiller, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, Tennessee 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
E-mail: gstranch@stranchlaw.com
amize@stranchlaw.com
eschiller@stranchlaw.com
LANE BRYANT: Transmits Unsolicited Marketing Texts, Flores Claims
-----------------------------------------------------------------
SANDRA FLORES, individually and on behalf of all others similarly
situated, Plaintiff v. LANE BRYANT, INC., Defendant, Case No.
4:24-cv-03318 (S.D. Tex., September 6, 2024) is a class action
against the Defendant for violations of the Telephone Consumer
Protection Act.
According to the complaint, the Defendant is engaged in unsolicited
text messaging in order to promote its goods and services and
continues to text message consumers after they have opted out of
its solicitations. As a result of the Defendant's alleged
misconduct, the Plaintiff and similarly situated consumers suffered
damages including invasion of privacy, harassment, aggravation, and
disruption of daily life.
Lane Bryant, Inc. is a specialty retail company doing business in
Texas. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
LEFT FIELD: Website Inaccessible to Blind Users, Abramson Says
--------------------------------------------------------------
PAUL ABRAMSON, on behalf of himself and all others similarly
situated, Plaintiff v. Left Field NYC, Inc., Defendant, Case No.
1:24-cv-06162 (E.D.N.Y., Sept. 4, 2024) is a civil rights action
against the Defendant for their failure to design, construct,
maintain, and operate their website https://www.leftfieldnyc.com to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of the
Americans with Disabilities Act, the New York State Human Rights
Law, and the New York City Human Rights Law.
On July 3, 2024, the Plaintiff made an attempt to visit and use
Leftfieldnyc.com. Upon entering the website, the Plaintiff
encountered accessibility issues, one of which was an automatic
popup. Additionally, due to these accessibility issues, the
browsing process for the product of his interest on the website was
inefficient. Despite these problems, he eventually selected a
product but got stuck on the product detail page and could not
proceed to the transaction process. These access barriers have
caused Leftfieldnyc.com to be inaccessible to, and not
independently usable by blind and visually-impaired persons, says
the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Left Field NYC's policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Left Field NYC, Inc. operates the website that engages in the
apparel and accessories retail industry.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (347) 841-4715
E-mail: glevyfirm@gmail.com
LEXISNEXIS RISK: Deadline to File Class Certification Vacated
-------------------------------------------------------------
In the class action lawsuit captioned as DR. ANTHONY TORRES D.O.,
INDIVIDUALLY, AND ON BEHALF OF ALL OTHER SIMILARLY SITUATED
CONSUMERS, v. LEXISNEXIS RISK SOLUTIONS, INC., Case No.
1:24-cv-02504-MHC-RDC (N.D. Ga.), the Hon. Judge Regina Cannon
entered an order vacating the deadline to move for class
certification established by Local Rule 23.1(B).
Defendant LexisNexis Risk Solutions, Inc does not oppose the
motion. The parties shall propose a deadline for the Plaintiff to
move for class certification in their Joint Preliminary Report and
Discovery Plan.
LexisNexis Risk provides content-enabled workflow solutions.
A copy of the Court's order dated Sept. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vjSU1C at no extra
charge.[CC]
LORETTO HEALTH: Class Cert. Bids in Aderohunmu Due Feb. 3, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Adeyemi Aderohunmu, v.
Loretto Health & Rehabilitation Center, Case No.
5:24-cv-00731-DNH-ML (N.D.N.Y.), the Hon. Judge Miroslav Lovric
entered an order
-- Any motion to join any person as a party to this action shall
be
made on or before November 4, 2024.
-- Any motion to amend any pleading in this action shall be made
on
or before November 4, 2024.
-- The parties are directed to file a status report on or before
Dec. 9, 2024.
-- Rule 26(a)(1) Mandatory Disclosures are to be exchanged by Aug.
28, 2024.
-- Initial Written Discovery Demands must be served by Oct. 4,
2024.
-- All discovery in this matter is to be completed on or before
June
4, 2025
-- Other than those made under Paragraphs (2) and (3) above,
motions
are to be filed on or before Sept. 4, 2025.
-- Class certification motions are to be filed on or before Feb.
3,
2025.
Loretto is a comprehensive continuing healthcare organization
delivering person-first, affordable eldercare in Central New York.
A copy of the Court's order dated Sept. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NbowdG at no extra
charge.[CC]
LOUISIANA: Loses Bid to Dismiss Alex A Class Action
---------------------------------------------------
In the class action lawsuit captioned as ALEX A., by and through
his guardian, MOLLY SMITH, individually and on behalf of all others
similarly situated, v. GOVERNOR JOHN BEL EDWARDS, in his official
capacity as Governor of Louisiana; WILLIAM SOMMERS, in his official
capacity as Deputy Secretary of the Office of Juvenile Justice,
JAMES M. LEBLANC, in his official capacity as Secretary of the
Louisiana Department of Public Safety & Corrections, Case No.
3:22-cv-00573-SDD-RLB (M.D. La.), the Hon. Judge Shelly Dick
entered an order denying the Defendants' Motion to Dismiss based on
mootness without prejudice to Defendants' right to re-urge this
motion once all OJJ youth are in OJJ secure care facilities or at
the close of discovery.
All discovery matters remain referred to the Magistrate Judge in
accordance with this Ruling.
Should all OJJ youth be removed from Jackson Parish and housed in
OJJ secure care facilities, this lawsuit will be moot. But under
the circumstances, the Plaintiffs have the right to seek discovery
to determine whether OJJ youth are improperly being held in an
adult facility and/or whether OJJ youth held in the collocated
juvenile facility are nevertheless being exposed to adult inmates
or lacking monitoring by OJJ juvenile justice specialists.
Accordingly, the Court will allow limited, narrowly tailored
discovery on these specific issues. Any other issues of confinement
are, as this Court advised the parties previously, a "separate
lawsuit."
When filed, the sole claim in this lawsuit was a challenge to the
constitutionality of housing high-risk juvenile offenders on the
grounds of an adult prison, namely the Louisiana State Penitentiary
at Angola.
In July 2022, then-Governor Edwards announced plans to open a
temporary secure care facility for the housing of youth in OJJ
custody while OJJ completed construction of a new facility for its
transitional treatment unit ("TTU"). The designated facility,
identified by OJJ as BCCY-WF, was to be located on the grounds of
the Louisiana State Penitentiary at Angola.
In Sept. 2022, the Court held an evidentiary hearing on Plaintiffs'
first Motion for a Preliminary Injunction and ultimately denied the
motion finding that, based on the sworn testimony of witnesses and
other evidence presented at the hearing, BCCY-WF at Angola would
operate as a juvenile facility preventing any contact with adult
inmates at Angola; the rehabilitative and educational needs of the
juveniles would be met; and the structural facility would provide a
secure environment that would protect the juveniles, OJJ staff, and
the public.
On Sept. 13, 2023, the Fifth Circuit stayed this Court’s
Preliminary Injunction.
A copy of the Court's order dated Sept. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=n5OyIj at no extra
charge.[CC]
LUMEN TECHNOLOGIES: Dow Files ERISA Class Suit in Colorado
----------------------------------------------------------
DOLLY DOW, and VIRGINIA SAKAL, individually and as representatives
of a class of participants and beneficiaries of the Lumen Combined
Pension Plan f/k/a CenturyLink Combined Pension Plan, Plaintiffs v.
LUMEN TECHNOLOGIES, INC., LUMEN EMPLOYEE BENEFITS COMMITTEE,
CENTURYLINK INVESTMENT MANAGEMENT COMPANY, KATHLEEN M. LUTITO,
STATE STREET GLOBAL ADVISORS TRUST CO., and JOHN DOES 1–5,
Defendants, Case No. 1:24-cv-02434-KAS (D. Colo., Sept. 4, 2024) is
a class action against the Defendants for breaches of fiduciary
duty and other violations of the Employee Retirement Income
Security Act.
On October 19, 2021, Lumen transferred over $1.4 billion of its
pension obligations to either Athene Annuity and Life Co. or Athene
Annuity & Life Assurance Company of New York, a highly risky
private equity-controlled insurance company with a complex and
opaque structure. This transaction affected approximately 22,600
Lumen retirees and their beneficiaries, including Plaintiffs, who
depended on Lumen's promise to guarantee their pension benefits
throughout retirement under an ERISA-governed plan. By offloading
Lumen's pension obligations to Athene, the Defendants caused
Plaintiffs and similarly situated Lumen retirees and their
beneficiaries to lose their status as "participants" in the Plan,
and therefore, Plaintiffs are no longer entitled to ERISA's
protections for employee retirement benefits, says the suit.
To remedy these fiduciary breaches, Plaintiffs, individually and as
representatives of a class of similarly situated participants and
beneficiaries of the Plan, bring this action to obtain appropriate
relief for Defendants' ERISA violations, including without
limitation, disgorgement of the sums involved in the improper
transaction and the posting of security to assure receipt by
Plaintiffs and class members of their full retirement benefits,
plus prejudgment interest.
Lumen Technologies, Inc. is a publicly traded corporation
headquartered in Monroe, Louisiana. Lumen is an American
telecommunications company offering communications, network
services, security, cloud solutions, voice, and managed
services.[BN]
The Plaintiffs are represented by:
Kurt C. Struckhoff, Esq.
Jerome J. Schlichter, Esq.
Sean E. Soyars, Esq.
Patrick R. Kutz, Esq.
Terrence W. Scudieri, Jr., Esq.
SCHLICHTER BOGARD LLP
100 South Fourth Street, Suite 1200
St. Louis, MO 63102
Telephone: (314) 621-6115
Facsimile: (314) 621-5934
E-mail: kstruckhoff@uselaws.com
jschlichter@uselaws.com
ssoyars@uselaws.com
pkutz@uselaws.com
tscudieri@uselaws.com
MAURICIO RAULD: Goldovsky Suit Seeks to Certify Rule 23 Class
-------------------------------------------------------------
In the class action lawsuit captioned as ALEX GOLDOVSKY, et al., v.
MAURICIO J. RAULD, et al., Case No. 6:24-cv-00159-ADA-DTG (W.D.
Tex.), the Plaintiffs ask the Court to enter an order:
(1) certifying the Class, pursuant to Rules 23(a) and 23(b)(3)
of
the Federal Rules of Civil Procedure, defined as:
"All persons or entities who purchased or otherwise acquired
(a) Clean Energy Technology Association, Inc ("CETA")
investment contracts in connection with the purchase of CETA
carbon capture units, and/or (b) interests in any of the FIC
Partnerships, from March 27, 2019, through May 31, 2023,
inclusive ("the Class Period")"
Excluded from the Class are all persons affiliated with the
SEC
v. Hill Defendants, the Defendants in this case, and
investors
who did not have a net loss;
(2) appointing Plaintiffs as Class Representatives; and
(3) appointing Plaintiffs' attorneys as Class Counsel.
This is an action under Texas law to recover damages suffered by
the Plaintiffs and all persons similarly situated who invested in a
fraudulent Ponzi scheme. Roy Hill and his company, Clean Energy
Technology Association, Inc. ("CETA") claimed
(1) that they developed "Carbon Capture Units" ("CCUs") that
used
a solvent to remove carbon dioxide ("CO2") from natural gas;
(2) that the CCUs were used by energy producers to remove CO2
from
gas they produced;
(3) that the producers used the CO2-infused solvent to enhance
production, and
(4) that CETA received a share of the production and was paid
for
the solvent.
The Plaintiffs filed this action on March 27, 2024. Because this
Court enjoined new claims against the SEC v. Hill Defendants,
Plaintiffs did not sue them, naming them "Relevant Non-Parties."
The Plaintiffs sued the lawyer and accountant for FIC and its
partnerships, and the two banks that provided the bank accounts and
money transfer services that made the Ponzi scheme possible.
A copy of the Plaintiffs' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mGnxz7 at no extra
charge.[CC]
The Plaintiffs are represented by:
Patrick Zummo, Esq.
Lisa Gerling Zummo, Esq.
LAW OFFICES OF PATRICK ZUMMO
950 Echo Lane, Suite 333
Houston, TX 77024
Telephone: (713) 651-0590
E-mail: pzummo@zoomlaw.com
lzummo@zoomlaw.com
MCLANE COMPANY: Barner Suit Seeks to Certify Class
--------------------------------------------------
In the class action lawsuit captioned as ASHLEY BARNER and SHAWN
ROEBUCK, on behalf of the MCLANE COMPANY, INC. PROFIT SHARING PLAN,
v. MCLANE COMPANY, INC., Case No. 6:23-cv-00301-ADA (W.D. Tex.),
the Plaintiffs ask the Court to enter an order granting their
motion for class certification.
The Plaintiffs, in their role as participants in the McLane Company
Profit Sharing Plan ("Plan"), seek certification of the following
class:
"All persons who were participants in or beneficiaries of the
Plan
at any time between April 24, 2017, and the present."
The Court should certify this case as a class action. The
Plaintiffs are pursuing claims on behalf of the Plan to obtain
remedies due to the Plan. The Plan's alleged injuries resulted from
Defendant’s plan-level conduct.
The evidence needed to establish Defendant's alleged breaches of
fiduciary duties and the Plan's alleged losses caused by Defendant
is exclusively common proof.
All participants share a common interest in establishing
Defendant's liability and obtaining remedies for the Plan. Any
recovery to an individual participant's individual account derives
from his or her allocation of the Plan's recovery.
In addition, any injunctive relief to change the administration of
the Plan would also benefit all Plan participants. Certifying this
action as a Rule 23 class action also provides additional due
process protections for all Plan participants and Defendant.
The Plaintiffs assert that the Defendant fell far short of
satisfying ERISA's fiduciary requirements, causing the Plan and its
participants to sustain millions of dollars of losses of Plan
participants’ retirement savings.
McLane is an American wholesale supply chain services company that
distributes products to convenience stores, discount retailers,
wholesale clubs, drug stores, military bases, fast-food
restaurants, and casual dining restaurants throughout the United
States.
A copy of the Plaintiffs' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=NkCtTA at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul M. Botros, Esq.
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road Suite 4000
Plantation, FL 33324
Telephone: (954) 318-0268
E-mail: Pbotros@forthepeople.com
- and -
Luis A. Cabasa, Esq.
Brandon J. Hill, Esq.
Amanda E. Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 North Florida Ave., Suite 300
Tampa, FL 33602
Telephone: (813) 337-7992
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
- and -
Michael C. McKay, Esq.
MCKAY LAW, LLC
5635 N. Scottsdale Road, Suite 170
Scottsdale, AZ 85250
Telephone: (480) 681-7000
E-mail: mmckay@mckaylaw.us
MCLANE COMPANY: Has Until Oct. 1 to File Class Cert Response
------------------------------------------------------------
In the class action lawsuit captioned as ASHLEY BARNER and SHAWN
ROEBUCK, on behalf of MCLANE COMPANY, INC. PROFIT SHARING PLAN, v.
MCLANE COMPANY, INC., Case No. 6:23-cv-00301-ADA (W.D. Tex.), the
Defendant asks the Court to enter an order granting the Defendant
an extension of time through and including Oct. 1, 2024, to file
its response to the Plaintiffs' motion for class certification.
Accordingly, the Defendant must respond to the Motion for Class
Certification by Sept. 17, 2024.
The Defendant's counsel requests a brief extension of 14 days as
lead counsel is on vacation from September 13th – 22nd.
The Plaintiffs do not oppose the requested extension.
The Defendant's request for an extension is made in good faith and
not for purposes of delay. No party will be prejudiced by the
granting of the requested extension.
The Plaintiffs' Motion for Class Certification was served on Sept.
3, 2024.
McLane is an American wholesale supply chain services company that
distributes products to convenience stores, discount retailers,
wholesale clubs, and drug stores.
A copy of the Defendant's motion dated Sept. 4, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=is55Pl at no extra
charge.[CC]
The Defendant is represented by:
Rene E. Thorne, Esq.
Alex E. Hotard, Esq.
JACKSON LEWIS P.C.
601 Poydras Street, Suite 1400
New Orleans, LA 70130
Telephone: (504) 208-1755
Facsimile: (504) 208-1759
E-mail: rene.thorne@jacksonlewis.com
alex.hotard@jacksonlewis.com
- and -
Dan Maclemore, Esq.
BEARD KULTGEN BROPHY
BOSTWICK & DICKSON, PLLC
220 South Fourth Street
Waco, TX 76701
Telephone: (254) 776-5500
Facsimile: (254) 776-3591
E-mail: maclemore@thetexasfirm.com
MCLEAN COUNTY, IL: Court Directs Discovery Plan Filing in Hitch
----------------------------------------------------------------
In the class action lawsuit captioned as Hitch v. McLean County
Sheriff's Office, Case No. 1:24-cv-01229-JBM-JEH (C.D. Ill.), the
Hon. Judge entered an order Hon. Judge Jonathan E. Hawley entered a
standing order as follows:
-- Rule 16 scheduling conference
The Court will set a Rule 16 scheduling conference
approximately
30 days after the answer or other responsive pleading is
filed.
The conference will generally be conducted by telephone.
-- Discovery plan
The discovery plan shall be filed with the Court at least
three
calendar days before the Rule 16 scheduling conference.
-- Waiver of the Rule 16 scheduling conference
If the parties agree on all matters contained in the
discovery
plan, then the parties may waive the Rule 16 scheduling
conference. To do so, the parties shall indicate in the
discovery that the parties agree upon all maters contained
within the discovery plan, and they request that the Rule 16
scheduling conference be cancelled.
-- Failure of counsel to attend a scheduled telephone hearing
For the convenience of counsel, the Court conducts most
hearings
by telephone when possible. Counsel's failure to appear for a
telephone hearing will be treated as a failure of counsel to
appear for an in-person hearing.
-- Discovery disputes brought to the Court's attention after the
discovery deadline has already passed
The parties may not raise a discovery dispute with the Court
after the relevant discovery deadline has passed; all
discovery
disputes must be brought to the Court's attention before the
relevant discovery deadline passes. Any discovery disputes
raised with the Court after the expiration of the relevant
discovery deadline shall be deemed waived by the Court, even
if
the parties agreed to conduct discovery after the relevant
discovery deadline has passed. If the parties agree to
conduct
discovery after the expiration of a deadline set by the
Court,
they must still file a motion requesting that the Court move
that deadline as agreed by the parties in order to avoid any
subsequent discovery disputes being deemed waived.
-- Settlement conferences and mediation
The parties are encouraged to seek a settlement conference or
mediation with a magistrate judge. Where parties request a
settlement conference or mediation in a case referred to
Judge
Hawley, Judge Hawley will conduct said conference or
mediation.
McLean County Sheriff's Office provides law enforcement services.
A copy of the Court's order dated Sept. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=42mTwP at no extra
charge.[CC]
MDL 2804: Class Settlement in Opiate-Related Suit Gets Initial Nod
-------------------------------------------------------------------
In the class action lawsuit Re: National Prescription Opiate
Litigation, Case No. 1:17-md-02804-DAP (N.D. Ohio), the Hon. Judge
Dan Aaron Polster entered an order granting Third Party Payor
Plaintiffs' motion for preliminary approval of class action
settlement and direction of notice under federal rule of civil
procedure 23(e)
The proposed Settlement appears to be the product of intensive,
thorough, serious, informed, and non-collusive negotiations; has no
obvious deficiencies; does not improperly grant preferential
treatment to the Settlement Class Representatives or segments of
the Class; and appears to be fair, reasonable, and adequate, such
that notice of the Settlement should be directed to Settlement
Class Members and a Fairness Hearing should be set.
Class Definition, Class Representatives, and Class Counsel "class"
or "settlement class" includes:
"All entities that paid and/or were reimbursed for (i) opioid
prescription drugs manufactured, marketed, sold, distributed,
or
dispensed by any of the Defendants and/or Opioid Supply Chain
Members for purposes other than resale, and/or (ii) paid or
incurred costs for treatment related to the misuse, addiction,
and/or overdose of opioid drugs, on behalf of individual
beneficiaries, insureds, and/or members, during the time period
from Jan. 1, 1996 to the date of entry of the Preliminary
Approval
Order."
For clarity, the Settlement Class includes but is not limited to:
(a) private contractors of Federal Health Employee Benefits plans,
(b) plans for self-insured local governmental entities that have
not settled claims in MDL No. 2804, (c) managed Medicaid plans, (d)
plans operating under Medicare Part C and/or D, and (e)
Taft-Hartley plans. For the avoidance of doubt, all Plaintiffs
identified in Exhibit B are included in the Class. Exhibit B is a
non-exhaustive list and does not purport to identify all members of
the Class.
Excluded from the Class are:
1. (a) all federal governmental entities and all state and local
governmental entities whose claims have been released by a
prior
settlement with the Settling Distributors, (b) Pharmacy
Benefit
Managers ("PBMs"), (c) consumers, (d) fully insured plan
sponsors, and (e) Excluded Insurers, including the related
entities as listed in the definition of Excluded Insurers.
For
the avoidance of doubt, (i) entities that are administered or
operated, but not owned, by an Excluded Insurer and (ii)
entities that own an interest, even a controlling interest,
in a
PBM, are not excluded from the Class, unless they are an
Excluded Insurer or are otherwise excluded; and The proposed
Settlement appears to be the product of intensive, thorough,
serious, informed, and non-collusive negotiations; has no
obvious deficiencies; does not improperly grant preferential
treatment to the Settlement Class Representatives or segments
of
the Class; and appears to be fair, reasonable, and adequate,
such that notice of the Settlement should be directed to
Settlement Class Members and a Fairness Hearing should be
set.
2. (a) the Settling Distributors and their subsidiaries,
affiliates, and controlled persons; (b) officers, directors,
agents, servants, or employees of any Settling Distributor,
and
the immediate family members of any such persons; and (c)
persons and entities named as Defendants in any of the
Actions
coordinated under or parallel to MDL No. 2804. Paul J.
Geller,
Elizabeth J. Cabraser, Mark J. Dearman, and Eric B. Fastiff
are
hereby appointed as Interim Settlement Class Counsel, and
Paul
J. Geller and Elizabeth J. Cabraser are also hereby appointed
as
Interim Co-Lead Settlement Class Counsel, under Rule 23(g)(3)
of
the Federal Rules of Civil Procedure. Interim Co-Lead
Settlement
Class Counsel and Settling Distributors are authorized to
take,
without further Court approval, all necessary and appropriate
steps to implement the Settlement, including the approved
notice
program. The following TPP Plaintiffs are appointed as
Settlement Class Representatives: Cleveland Bakers and
Teamsters
Health and Welfare Fund; Pipe Fitters Local Union No. 120
Insurance Fund; Pioneer Telephone Cooperative, Inc. Employee
Benefits Plan; American Federation of State, County and
Municipal Employees District Council 37 Health & Security
Plan;
Louisiana Assessors' Insurance Fund; and Flint Plumbing and
Pipefitting Industry Health Care Fund.
Settlement Class Members that wish to participate in the Settlement
shall complete and submit Claim Forms in accordance with the
instructions contained therein. Unless the Court orders otherwise,
all Claim Forms must be submitted no later than June 20, 2025.
A copy of the Court's order dated Sept. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wAeBsT at no extra
charge.[CC]
METROPOLITAN REALTY: Fails to Pay Proper Wages, Molina Alleges
--------------------------------------------------------------
LUIS MOLINA, individually and on behalf of all others similarly
situated, Plaintiff v. METROPOLITAN REALTY GROUP, LLC; and SCOTT
JAFFEE, Defendants, Case No. 1:24-cv-06830 (S.D.N.Y., Sept. 10,
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 Molina was employed by the Defendants as a handyman.
Metropolitan Realty Group, LLC owns and operates a realty company
that provides services to buildings throughout New York. [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
MIDLAND CREDIT: Rosario Files FDCPA Suit in NY
----------------------------------------------
LUIGINA ROSARIO, on behalf of herself and all others similarly
situated, Plaintiff V. MIDLAND CREDIT MANAGEMENT, INC., Defendant,
Case No. 523678/2024 (N.Y. Sup., Kings Cty., Sept. 3, 2024) is an
action for actual and statutory damages brought by Plaintiff
against the Defendant for violations of the Fair Debt Collection
Practices Act, which prohibits debt collectors from engaging in
abusive, deceptive, and unfair practices.
On April 26, 2024, the Plaintiff reviewed her credit reports on
Creditkarma.com. On the credit reports, she observed a trade line
from Defendant. It is reported that the defendant furnished a trade
line for $1300 allegedly owed to Citibank NA.
On May 7, 2024, the Plaintiff mailed a dispute letter via United
States Postal Service. According to the USPS Electronic Delivery
Confirmation, the letter sent by the Plaintiff was received by the
Defendant on May 13, 2024. However, on May 17, 2024, the Plaintiff
re-checked her credit reports, and the Defendant communicated with
the consumer reporting agencies without communicating that the
Plaintiff disputed the debt.
Based on information and belief, the Defendant recklessly,
knowingly, and willfully maintains deficient procedures regarding
its FDCPA compliance requirements because employing reasonable
methods to ensure it meets its duties under the FDCPA would reduce
its profits, says the suit.
Midland Credit Management, Inc. is an American debt buyer and debt
collection company headquartered in San Diego, California.[BN]
The Plaintiff is represented by:
Elliot Elo, Esq.
ELLIOT M. ELO, ESQ. PLLC
42 West 48th Street, 2nd Floor
New York, NY, 10036
Telephone: (212) 302-1257
E-mail: Elopacer@gmail.com
MIGHTY-LUCKY INC: Website Inaccessible to Blind Users, Igartua Says
-------------------------------------------------------------------
JUAN IGARTUA, on behalf of himself and all others similarly
situated, Plaintiff v. MIGHTY LUCKY, INC., Defendant, Case No.
1:24-cv-06753 (S.D.N.Y., September 5, 2024) arises from Defendant's
failure to design, construct, maintain, and operate the its website
to be fully accessible to and independently usable by Plaintiff and
other blind or visually impaired people.
Allegedly, the Plaintiff has been denied the full use and enjoyment
of the facilities, goods and services offered to the general
public, on Defendant’s website in Bronx County. Plaintiff Igartua
alleges that the Defendant failed to update or remove access
barriers on the website and failed to provide the online content
and services in a manner that is compatible with screen reader
technology. Accordingly, Plaintiff Igartua asserts claims for
violations of the Americans with Disabilities Act, the New York
State Human Rights Law, the New York City Human Rights Law, and the
New York State Civil Rights Law.
Mighty-Lucky, Inc., is a New York corporation that owns a
dispensary located at 259 Bowery, New York, NY 10002, and owns and
maintains the website, www.mighty-lucky.com. [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
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
MONAHAN PRODUCTS: Website Inaccessible to the Blind, Fagnani Says
-----------------------------------------------------------------
MYKAYKLA FAGNANI, on behalf of herself and all other persons
similarly situated, Plaintiff v. MONAHAN PRODUCTS, LLC, Case No.
1:24-cv-06689 (S.D.N.Y., Sept. 3, 2024) is a civil rights action
against Monahan Products for its failure to design, construct,
maintain, and operate its interactive website https://uppababy.com
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons. Defendant's denial of
full and equal access to its website is in violation of the
Americans with Disabilities Act, the New York State Human Rights
Law, and the New York City Human Rights Law.
During Plaintiff's visits to the website, the last occurring on
August 24, 2024, in an attempt to purchase a Vista V2 Travel System
from Defendant and to view the information on the website, the
Plaintiff encountered multiple access barriers that denied
Plaintiff a shopping experience similar to that of a sighted person
and full and equal access to the goods and services offered to the
public and made available to the public; denied Plaintiff the full
enjoyment of the goods, and services of the website by being unable
to purchase a Vista V2 Travel System, as well as other products
available online; and to ascertain information relating to
Defendant's baby strollers, car seats, and related accessories, as
well as other types of goods, pricing, privacy policies and
internet pricing specials, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
Monahan Products, LLC operates the website that provides baby
products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
MUSTANG GAS: Class Rep in WEL Suit Seeks Final OK of Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as Wake Energy, LLC, on
behalf of itself and all others similarly situated, v. Mustang Gas
Products, LLC, and Mustang Fuel Corporation, Case No.
6:22-cv-00364-GLJ (E.D. Okla.), the Class Representative asks the
Court to enter granting:
(1) final certification of the Settlement Class;
(2) final approval of the Settlement as fair, reasonable, and
adequate, and in the best interests of the Settlement Class;
and
(3) final approval of the Notice to Class Members.
The Court properly certified the Settlement Class and, because
Class Representative has proven that each of the requirements for
certification under Rule 23(a) and (b)(3) remain satisfied, this
finding should be confirmed with the final certification of the
Settlement Class under Rule 23.
Because the proposed Initial Plan of Allocation was formulated by
competent and experienced Counsel and is based on the type and
extent of each Class Member’s particular loss, the Court should
approve it as fair, reasonable, and adequate.
On May 30, 2024, the Court issued an order preliminarily approving
the Settlement, approving the Plan of Notice, and setting a date of
Oct. 2, 2024 for the Final Fairness Hearing.
The Court already certified the following Settlement Class: All
non-excluded persons or entities who:
(1) received late payments under the PRSA from Defendants (or
Defendants' designee) for oil and gas proceeds from Oklahoma
wells, or whose proceeds from Oklahoma wells were sent as
unclaimed property to a government entity by Defendants; and
(2) whose proceeds did not include the statutory interest
required by the PRSA.
Excluded from the Class are: (1) Defendants, their
affiliates,
predecessors, and employees, officers, and directors; and
(2)
agencies, departments, or instrumentalities of the United
States of America or the State of Oklahoma; (3) any Indian
Tribe as defined at 30 U.S.C. section 1702(4) or Indian
allotee
as defined at 30 U.S.C. section 1702(2); (4) persons or
entities that Plaintiff's counsel may be prohibited from
representing under Rule 1.7 of the Oklahoma Rules of
Professional Conduct; (5) publicly traded companies; and (6)
XTO Energy Inc, SK Nemaha, LLC, Ovintiv Mid-Continent Inc,
Hinkle Oil & Gas Inc., White Star Petroleum Holdings, LLC,
Continental Resources Inc, Unit Petroleum Company, Staghorn
Petroleum II, LLC, Chesapeake Exploration, L.L.C., Canvas
Energy LLC, Contango Resources LLC, BCE-Mach III LLC, and
Shiloh Oil Corporation.
Mustang Gas produces and explores oil and gas.
A copy of the Plaintiff's motion dated Sept. 4, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WtZVP0 at no extra
charge.[CC]
The Plaintiff is represented by:
Randy C. Smith, Esq.
RANDY C. SMITH AND ASSOCIATES
One Leadership Square, Suite 1310
211 North Robinson Ave.
Oklahoma City, OK 73102
Telephone (405) 212-2786
Facsimile (405) 232-6515
E-mail: randy@rcsmithlaw.com
– and -
Brady L. Smith, Esq.
Harry "Skeeter" Jordan, Esq.
BRADY SMITH LAW, PLLC
One Leadership Square, Suite 1320
211 N. Robinson
Oklahoma City, OK 73102
Telephone: (405) 293-3029
E-mail: brady@blsmithlaw.com
skeeter@blsmithlaw.com
NEW YORK, NY: Agrees to Pay $48.5K as Settlement in ACBNY Suit
--------------------------------------------------------------
In the class action lawsuit captioned as AMERICAN COUNCIL OF THE
BLIND OF NEW YORK, INC. and MICHAEL GOLFO, on behalf of themselves
and all others similarly situated, v. CITY OF NEW YORK, NEW YORK
CITY DEPARTMENT OF TRANSPORTATION, ERIC ADAMS, in his official
capacity as Mayor of the City of New York, and YDANIS RODRIGUEZ, in
his official capacity as Commissioner of the New York City
Department of Transportation, Case No. 1:18-cv-05792-PAE
(S.D.N.Y.), the Hon. Judge entered an order that:
1. The Plaintiffs' and their counsels' claim for attorneys'
fees,
costs and expenses accrued from February 1, 2023, through
Jan. 31, 2024, are hereby resolved and withdrawn, with
prejudice, and without costs, expenses or fees in excess of
the
amount specified in paragraph "2" below.
2. The Defendants agree to pay the total sum of 48,500.00
(the Settlement Amount") to Plaintiffs' counsel in full and
final satisfaction of all claims for attorneys' fees, costs
and
expenses that were or could have been incurred in the above-
captioned action from February 1, 2023, through January 31,
2024.
The Defendants agree that, within 90 days of this Stipulation
being so ordered by the Court and the receipt by Defendants'
counsel of the documents set forth in paragraph "5" below,
$48,500.00 will be paid by check, subject to collection, made
payable to "Disability Rights Advocates."
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Sept. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6feS6p at no extra
charge.[CC]
The Plaintiffs are represented by:
Rachel Weisberg, Esq.
DISABILITY RIGHTS ADVOCATES
655 Third Avenue, 14th Floor
New York, NY 10017
Telephone: (212) 644-8644
E-mail: rweisberg@dralegal.org
The Defendants are represented by:
Pamela A. Koplik, Esq.
Samantha Schonfeld, Esq.
MURIEL GOODE-TRUFANT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2187
E-mail: pkoplik@law.nyc.gov
NEW YORK, NY: EMS Union Seeks More Time to File Class Cert Bid
--------------------------------------------------------------
In the class action lawsuit captioned as Local 3621, EMS Officers
Union, DC-37, AFSCME, AFL-CIO et al v. City of New York et al.,
2024, No. 1:18-cv-04476-LJL-JW (S.D.N.Y.), the Plaintiffs ask the
Court to enter an order granting a brief extension from Oct. 11,
2024 to Nov. 4, 2024, for parties to submit motions for summary
judgment and the Plaintiffs' motions for class certification and to
intervene.
The reason this extension is needed is because Defendants’
remaining depositions will not be able to be completed until
mid-October. Parties also need to further confer and update the
Court to finalize the Demographic Data and Eligibility Data and
allow Defendants time to comply with the Court's August 29, 2024,
Order to produce certain outstanding materials.
In response to Your Honor’s August 7, 2024, Order, the
undersigned made an application to Your Honor requesting staggered
deadlines and to Judge Willis requesting the Court's assistance
with an expedited ruling on pending discovery disputes in this
matter.
On Aug. 29, 2024, Judge Willis issued an expedited ruling that
addressed all outstanding discovery, having first allowed parties
to fully brief multiple complex discovery issues and be heard at
oral argument on August 28, 2024. Judge Willis' Aug. 29, 2024,
Order reduced the time Plaintiffs had requested for remaining
depositions, denied several topics Plaintiffs requested for FRCP
30(b)(6) examination and ordered Defendants to produce just ten
(10) discrete items most critical to Plaintiffs’ claims.
Judge Willis' ruling also allows for the imminent resolution of the
long elusive Demographic Data and Eligibility Data in this matter,
for which she has given parties specific direction on how to
proceed and a deadline to report back to the Court.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Plaintiffs' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DqvEl9 at no extra
charge.[CC]
The Plaintiff is represented by:
Erica T. Healey-Kagan, Esq.
THE KURLAND GROUP
85 Broad Street, 28th Floor
New York, NY 10004
Telephone: (212) 253-6911
E-mail: kagan@kurlandgroup.com
NEW YORK, NY: Mohamed Sues Over Unpaid Overtime Wages
-----------------------------------------------------
MOSHIN MOHAMED, individually and on behalf of all other persons
similarly situated, Plaintiff v. THE CITY OF NEW YORK, Defendant,
Case No. 1:24-cv-06742 (S.D.N.Y., September 5, 2024) seeks to
recover earned but unpaid overtime compensation owed to Plaintiff
and to other employees currently or formerly employed by The City
of New York.
Plaintiff Mohamed has been employed by Defendant the New York City
(Department of Sanitation) as a General Superintendent Level I
since prior to 2021. Allegedly, Plaintiff and all other members of
the putative collective are directed to sign in at least 15 minutes
before the scheduled start of their shift each day, although they
often spend 30 to 60 minutes of uncompensated time before their
shift each day. However, Defendants are engaged in a policy and
practice of failing to pay the Plaintiff and putative collective
overtime at the proper rate for hours worked in excess of 40 hours
in a consecutive seven day work week, says the suit.
The City of New York is a municipal corporation that is responsible
for public education, correctional institutions, public safety,
recreational facilities, sanitation, water supply, and welfare
services. [BN]
The Plaintiff is represented by:
Lloyd Ambinder, Esq.
James Emmet Murphy, Esq.
VIRGINIA & AMBINDER, LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
NEW YORK, NY: Must File Reconsideration Bid by Oct. 7
------------------------------------------------------
In the class action lawsuit captioned as Elisa W., et al. v. 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 the City of New
York's request for a 31-day extension of the City's time to move
for reconsideration of the Court's Aug. 23, 2024, Opinion & Order.
The City's deadline to file is now Oct. 7, 2024.
Any response shall be filed by Oct. 15 and shall be no longer than
10 pages.
Given the extensive briefing to date in this case, the Court will
not permit any further briefing.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Sept. 5, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=izl1Tw at no extra
charge.[CC]
The Defendants are represented by:
David S. Thayer, Esq.
THE CITY OF NEW YORK LAW DEPARTMENT
100 Church Street
New York, NY 10007
Telephone: (212) 356-2649
Facsimile: (212) 356-1148
E-mail: dthayer@law.nyc.gov
NFL PLAYER: Alford Suit Seeks to Certify Class of Plan Participants
-------------------------------------------------------------------
In the class action lawsuit captioned as JASON ALFORD, DANIEL
LOPER, WILLIS MCGAHEE, MICHAEL MCKENZIE, JAMIZE OLAWALE, ALEX
PARSONS, ERIC SMITH, CHARLES SIMS, JOEY THOMAS, and LANCE ZENO,
Individually and on Behalf of All Others Similarly Situated, v. THE
NFL PLAYER DISABILITY & SURVIVOR BENEFIT PLAN; THE NFL PLAYER
DISABILITY & NEUROCOGNITIVE BENEFIT PLAN; THE BERT BELL/PETE
ROZELLE NFL PLAYER RETIREMENT PLAN; THE DISABILITY BOARD OF THE NFL
PLAYER DISABILITY & NEUROCOGNITIVE BENEFIT PLAN; LARRY FERAZANI;
JACOB FRANK; BELINDA LERNER; SAM MCCULLUM; ROBERT SMITH; HOBY
BRENNER; and ROGER GOODELL, Case No. 1:23-cv-00358-JRR (D. Md.),
the Plaintiffs ask the Court to enter an order:
-- certifying the following class ("Class"), defined as:
"All participants in the Plan who filed one or more
applications
for one or more categories of disability benefits under the
Plan
between Aug. 1, 1970, and [the date of class certification] and
are members of at least one of the five Subclasses, defined as
the
T & P SUBCLASS, the ACTIVE SUBCLASS, the LOD SUBCLASS, the NC
SUBCLASS, and the FIDUCIARY SUBCLASS."
"The Plan" includes the NFL Player Disability & Survivor
Benefit
Plan (formerly the NFL Player Disability, Neurocognitive &
Death
Benefit Plan, the NFL Player Disability & Neurocognitive
Benefit
Plan, the NFL Player Supplemental Disability & Neurocognitive
Benefit Plan, and the NFL Player Supplemental Disability Plan);
the Bert Bell/Pete Rozelle NFL Player Retirement Plan; the Bert
Bell NFL Player Retirement Plan; and the Pete Rozelle NFL
Player
Retirement Plan.
-- certifying the following five Subclasses, defined as:
The T & P SUBCLASS:
"All members of the Class who filed one or more applications
for
Total & Permanent Disability benefits under the Plan; received
an
adverse determination as part of at least one such
application(s)
between Aug. 9, 2019, and [the date of class certification];
and
are not members of the ACTIVE SUBCLASS."
The ACTIVE SUBCLASS:
"All members of the Class who filed one or more applications
for
Total & Permanent Disability benefits under the Plan; received
an
adverse determination as part of at least one such application
between Aug. 9, 2019, and [the date of class certification];
and
were within the timeframe to qualify for Active Football or
Active
Nonfootball Total & Permanent Disability benefits at the time
that
they applied."
The LOD SUBCLASS:
All members of the Class who filed one or more applications for
Line-of-Duty Disability Benefits under the Plan and received an
adverse determination as part of at least one such application
between Aug. 9, 2019, and [the date of class certification]."
The NC SUBCLASS:
"All members of the Class who filed an application for
Neurocognitive Disability benefits under the Plan and received
an
adverse determination as part of at least one such application
between Aug. 9, 2019, and [the date of class certification]."
The FIDUCIARY SUBCLASS:
"All members of the Class who filed an application for one or
more
categories of disability benefits under the Plan between Aug.
1,
1970 and [the date of class certification]."
-- appointing (i) Plaintiffs Jason Alford, Willis McGahee, Michael
McKenzie, Jamize Olawale, Alex Parsons, Charles Sims, Eric
Smith,
Joey Thomas, and Lance Zeno as Class Representatives and as
Subclass Representatives of the Fiduciary Subclass; (ii)
Plaintiffs McGahee, McKenzie, Olawale, and Smith as Subclass
Representatives of the T&P Subclass; (iii) Plaintiff Sims as
Subclass Representative of the Active Subclass; (iv) Plaintiff
Olawale as Subclass Representative of the LOD Subclass; (v)
Plaintiffs Alford, Smith, Thomas, and Zeno as Subclass
Representatives of the NC Subclass; and (vi) pursuant to
Federal
Rule of Civil Procedure 23(g)(1), of Seeger Weiss LLP; Athlaw
LLP;
and Aylstock, Witkin, Kreis, & Overholtz, PLLC as Counsel for
the
Class and for the Subclasses; and of Migliaccio & Rathod LLP as
Liaison Counsel for the Class and for the Subclasses.
A copy of the Plaintiffs' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CbjgNN at no extra
charge.[CC]
The Plaintiffs are represented by:
Jason S. Rathod, Esq.
Nicholas A. Migliaccio, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street, N.E.
Washington, DC 20002
Telephone: (202) 470-3520
E-mail: jrathod@classlawdc.com
nmigliaccio@classlawdc.com
- and -
Christopher A. Seeger, Esq.
Diogenes P. Kekatos, Esq.
Hillary R. Fidler, Esq.
Benjamin R. Barnett, Esq.
SEEGER WEISS LLP
55 Challenger Road, 6th Floor
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
E-mail: cseeger@seegerweiss.com
dkekatos@seegereiss.com
hfidler@seegerweiss.com
bbarnett@seegerweiss.com
- and -
Samuel L. Katz, Esq.
Julia M. Damron, Esq.
ATHLAW LLP
8383 Wilshire Blvd., Suite 800
Beverly Hills, CA 90211
Telephone: (818) 454-3652
E-mail: samkatz@athlawllp.com
julia@athlawllp.com
- and -
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
Douglass A. Kreis, Esq.
D. Nicole Guntner, Esq.
AYLSTOCK, WITKIN, KREIS, & OVERHOLTZ, PLLC
17 E. Main Street, Suite 200
Pensacola, FL 32502
Telephone: (850) 202-1010
E-mail: BAylstock@awkolaw.com
JWitkin@awkolaw.com
DKreis@awkolaw.com
NGuntner@awkolaw.com
- and -
Robert K. Scott, Esq.
Gerry H. Goldsholle, Esq.
ADVOCATE LAW GROUP P.C.
2330 Marinship Way, Suite 260
Sausalito, CA 94965
Telephone: (949) 753-4950
E-mail: bob@advocatelawgroup.com
gerry@advocatelawgroup.com
OMNITRACS LLC: Perry Alleges Illegal Collection of Biometrics
-------------------------------------------------------------
LAKISHA PERRY, individually and on behalf of all others similarly
situated, Plaintiff v. OMNITRACS, LLC, Defendant, Case No.
1:24-cv-07998 (N.D. Ill., Sept. 3, 2024) is a class action against
the Defendant for violations of the Illinois Biometric Information
Privacy Act.
The Plaintiff previously worked as a truck driver in Illinois and
drove in Illinois for the company Advance Transportation Systems,
Inc., which was one of Defendant's Illinois customers. The
Defendant's Omnitracs Critical Event Video hardware was equipped in
Plaintiff's truck and monitored the Plaintiff and her facial
geometry. During the relevant time period, Defendant collected
scans of Plaintiff's facial geometry to analyze her driving
behavior, says the suit.
The suit is brought over Defendant's violation of the BIPA by
capturing, collecting, or otherwise obtaining Plaintiff's and the
Class' scans of facial geometry without first informing them in
writing of the purpose of Defendant doing so and the length of time
Defendant would collect, store, and use Plaintiff's and the Class'
scans of facial geometry.
Omnitracs, LLC is a technology company that provides telematics
products to fleet operators.[BN]
The Plaintiff is represented by:
David Fish, Esq.
Mara Baltabols, Esq.
WORKPLACE LAW PARTNERS, P.C.
155 N. Michigan Ave., Suite 719
Chicago, IL 60601
Telephone: (630) 355-7590
E-mail: dfish@fishlawfirm.com
mara@fishlawfirm.com
- and -
Douglas M. Werman, Esq.
WERMAN SALAS P.C.
77 W. Washington St., Suite 1402
Chicago, IL 60602
Telephone: (312) 419-1008
E-mail: dwerman@flsalaw.com
OTS SOLUTIONS: Uwaoma Suit Removed to C.D. California
-----------------------------------------------------
The case styled as Danielle Uwaoma, an individual, on behalf of
herself and all others similarly situated v. OTS SOLUTIONS, LLC, a
Delaware corporation; NFI INTERACTIVE LOGISTICS, LLC, a New Jersey
limited liability company; and DOES 1 to 50, Case No. CIVRS2400320
was removed from the Superior Court of the State of California for
the County of San Bernardino, to the United States District Court
for the Central District of California on Sept. 5, 2024, and
assigned Case No. 5:24-cv-01902.
The Complaint asserts the following claims for relief: Failure to
Pay All Minimum Wages; Failure to Pay All Overtime Wages; Failure
to Provide Rest Periods and Pay Missed Rest Period Premiums;
Failure to Provide Meal Periods and Pay Missed Meal Period
Premiums; Failure to Maintain Accurate Employment Records; Failure
to Pay Wages Timely during Employment; Failure to Pay All Wages
Earned and Unpaid at Separation; Failure to Furnish Accurate
Itemized Wage Statements; and Unfair Competition.[BN]
The Defendants are represented by:
Allison S. Wallin, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Fax: 800.715.1330
Email: awallin@littler.com
- and -
Alvin Arceo, Esq.
Valentina Wilson, Esq.
LITTLER MENDELSON, P.C.
101 Second Street, Suite 1000
San Francisco, CA 94105
Phone: 415.433.1940
Fax: 415.399.8490
Email: aarceo@littler.com
vwilson@littler.com
PACIFIC HOTEL: Fails to Provide Proper Wages, Gallegos Says
-----------------------------------------------------------
ALEJANDRO GOMEZ GALLEGOS, an individual, and on behalf of all
aggrieved employees v. Plaintiff, PACIFIC HOTEL MANAGEMENT INC., a
California corporation, and DOES 1 through 50, inclusive,
Defendants, Case No. 24STCV22628 (Cal. Super., Los Angeles Cty.,
Sept. 4, 2024) arises from the Defendants' alleged violations of
the California Labor Code due to unlawful labor policies and
practices.
The Plaintiff was employed as a waiter by the Defendants from
November 3, 2003 to July 24, 2023, at Defendants' place of business
located in Newport Beach, California. He alleges the Defendants'
failure to pay wages for all hours worked and proper overtime
compensation, failure to provide rest periods, failure to provide
timely, uninterrupted meal periods, failure to reimburse for
required business expenses, failure to timely pay all wages owed,
failure to provide accurate itemized wage statements and maintain
required records, failure to pay proper sick leave wages, and
failure to properly pay vacation pay.
Pacific Hotel Management Inc. is a California-based company that
operates and markets hotels.[BN]
The Plaintiff is represented by:
Michael Elkin, Esq.
Benjamin McLain, Esq.
ELKIN | GAMBOA, LLP
4119 W. Burbank Blvd., Suite 110
Burbank, CA 91505
Telephone: (323) 372-1202
Facsimile: (323) 372-1216
E-mail: michael@elkingamboa.com
ben@elkingamboa.com
- and -
David D. Bibiyan, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: david@tomorrowlaw.com
PARKDNA LLC: Discloses Drivers' Info Without Consent, Drew Alleges
------------------------------------------------------------------
RYAN DREW, individually and on behalf of all others similarly
situated, Plaintiff v. PARKDNA, LLC, Defendant, Case No.
3:24-cv-00925 (M.D. Fla., September 6, 2024) is a class action
against the Defendant for violation of the Driver's Privacy
Protection Act (DPPA).
According to the complaint, the Defendant knowingly and without
consent obtained, utilized, and disclosed the Plaintiff's and the
Class members' personal information, including their names and home
addresses, from non-public motor vehicle state records. The
Defendant's DPPA violations caused the Plaintiff and Class members
harm, including violations of their statutory privacy rights,
harassment, annoyance, nuisance, invasion of their privacy, and
intrusion upon seclusion in a space that is personal and private to
them.
ParkDNA, LLC is a provider of nationwide parking payment management
service, headquartered in Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
- and -
Rachel Dapeer, Esq.
DAPEER LAW P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (305) 610-5223
Email: rachel@dapeer.com
PENNSYLVANIA STATE UNIVERSITY: Ramey Seeks Initial OK of Settlement
-------------------------------------------------------------------
In the class action lawsuit captioned as BENJAMIN RAMEY, JEFFREY
BINET, and TYLER THOMSON, on behalf of themselves and all others
similarly situated, v. THE PENNSYLVANIA STATE UNIVERSITY, Case No.
2:20-cv-00753-RJC (W.D. Pa.), the Plaintiffs ask the Court to enter
an order:
(1) Preliminarily approving the proposed Settlement on behalf of
the Settlement Class Members according to the terms of the
Stipulation of Settlement;
(2) Provisionally certifying, for purposes of the Settlement
only,
the following Settlement Class:
"All enrolled students at Penn State, including all
Commonwealth campuses and branch locations, during the
Spring
2020 semester who paid tuition and/or fees and who were
registered for at least one in-person class at the
beginning
of the Spring 2020 semester;
(3) Preliminarily appointing Named Plaintiffs Benjamin Ramey,
Jeffrey Binet, and Tyler Thomson as Settlement Class
Representatives;
(4) Preliminarily appointing Gary F. Lynch and Nicholas A.
Colella
of Lynch Carpenter, LLP; Paul J. Doolittle of Poulin |
Willey |
Anastopoulo, LLC; and Joseph I. Marchese and Sarah Westcot
of
Bursor & Fisher, P.A. as Class Counsel to act on behalf of
the
Settlement Class and the Settlement Class Representatives
with
respect to the Settlement;
(5) Approving the Parties' proposed settlement procedure,
including
approving the Parties' selection of Epiq Systems, Inc. as
Settlement Administrator and approving the Parties’
proposed
schedule;
(6) Entering the proposed Order Granting Plaintiffs' Unopposed
Motion to Preliminarily Approve Class Action Settlement,
Certify the Class, Appoint Class Counsel, Approve Proposed
Class Notice, and Schedule a Final Approval Hearing,
attached
as Exhibit A to the Settlement Agreement, which is attached
as
Exhibit 1 to the Declaration of Gary F. Lynch; and
(7) Granting such other and further relief as may be just and
appropriate.
Pennsylvania State University is a public state-related land-grant
research university with campuses and facilities throughout
Pennsylvania.
A copy of the Plaintiffs' motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pwuWLL at no extra
charge.[CC]
The Plaintiffs are represented by:
Gary F. Lynch, Esq.
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: gary@lcllp.com
nickc@lcllp.com
- and -
Joseph I. Marchese, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: jmarchese@bursor.com
- and -
Paul Doolittle, Esq.
POULIN | WILLEY | ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (843) 614-8888
E-mail: pauld@akimlawfirm.com
PONCE FINANCIAL: Web Site Not Accessible to Blind, Ortiz Says
-------------------------------------------------------------
OSEPH ORTIZ, individually and on behalf of all others similarly
situated, Plaintiff v. PONCE FINANCIAL GROUP, INC., Defendant, Case
No. 1:24-cv-00847 (W.D.N.Y., Sept. 10, 2024) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://poncebank.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.
Ponce Financial Group, Inc. operates as an investment holding
company. The Company owns all of the issued and outstanding common
stock of Ponce Bank. [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
PRGX GLOBAL: Settlement in Ebert Suit Gets Initial Nod
------------------------------------------------------
In the class action lawsuit captioned as Jeffrey Ebert, on behalf
of himself and on behalf of his minor children M.E., E.E., and
S.E., and Jennifer Ebert, on behalf of herself, and collectively on
behalf of all others similarly situated, v. PRGX Global, Inc., Case
No. 1:23-cv-04233-TWT (N.D. Ga.), the Hon. Judge entered an order
as follows:
1. Class Certification for Settlement Purposes Only
The Settlement Agreement provides for a Settlement Class
defined
as follows:
"All persons residing in the United States whose PHI and/or
PII
was potentially compromised in the Data Incident."
Specifically excluded from the Settlement Class are any judge
presiding over this matter and any members of their
first-degree
relatives, judicial staff, PRGX's officers, directors, and
members, and persons who timely and validly request exclusion
from the Settlement Class.
Pursuant to Federal Rules of Civil Procedure 23(e)(1), the
Court
finds that giving notice is justified.
The Court finds that it will likely be able to approve the
proposed Settlement as fair, reasonable, and adequate. The
Court
also finds that it will likely be able to certify the
Settlement
Class for purposes of judgment on the Settlement because it
meets all the requirements of Rule 23(a) and the requirements
of
Rule 23(b)(3).
2. Settlement Class Representatives and Settlement Class Counsel
The Court finds that Plaintiffs will likely satisfy the
requirements of Rule 23(e)(2)(A) and should be appointed as
the
Class Representatives.
Additionally, the Court finds that William B. Federman and
Kennedy M. Brian of Federman & Sherwood will likely satisfy
the
requirements of Rule 23(e)(2)(A) and should be appointed as
Class Counsel pursuant to Rule 23(g)(1).
3. Preliminary Settlement Approval
Upon preliminary review, the Court finds the Settlement is
fair,
reasonable, and adequate to warrant providing notice of the
Settlement to the Settlement Class and accordingly is
preliminarily approved.
4. Final Approval Hearing
A Final Approval Hearing shall be held on Thursday, January
23,
2025 at 10:00 AM, at 2211 United States Courthouse, 75 Ted
Turner Drive, SW, Atlanta, GA 30303-3309, Courtroom 2108.
5. Claims Administrator
The Court appoints Angeion as the Claims Administrator, with
responsibility for class notice and settlement
administration.
The Claims Administrator is directed to perform all tasks the
Settlement Agreement requires. The Claims Administrator’s
fees
will be paid pursuant to the terms of the Settlement
Agreement.
PRGX Global provides recovery audit services to clients by auditing
data for errors and overpayments.
A copy of the Court's order dated Sept. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yaPy5d at no extra
charge.[CC]
PRIME LEADERS: Engages in Unlawful Labor Practices, Esplana Says
----------------------------------------------------------------
NICOLE TRIZIA SALONDRO ESPLANA, CHRISTIAN GABRIEL GAERLAN LEE, and
NIKKI ELLINE GERVACIO SEBASTIAN, individually and on behalf of all
others similarly situated, Plaintiffs v. PRIME LEADERS HEALTH
SERVICES, INC. and GEORGE F. TAWDROS, Defendants, Case No.
1:24-cv-06181 (E.D.N.Y., Sept. 4, 2024) is an action for damages
and other remedies for violations of the Trafficking Victims
Protection Act, the Fair Labor Standards Act, and the New York
Labor Law, and for breach of contract under New York law.
According to the complaint, Defendant Tawdros is a foreign labor
recruiter who owns and operates defendant Prime Leaders Health
Services, Inc. without regard to corporate formalities or the wage
and hours laws. Tawdros and his company recruited plaintiffs from
the Philippines to work for his company and its clients as physical
therapists. Once the Plaintiffs began working for Tawdros and his
company in this country, he failed to pay them the compensation
required by their employment contracts, failed to pay them for all
the hours they worked, failed to pay them the required overtime
wage rates, and failed to give them the required wage notices and
statements. To keep the Plaintiffs from leaving, Tawdros threatened
them with serious financial harm, including threatening that they
would have to pay him and his company $20,000 each to terminate
their contracts.
On behalf of themselves and all other physical therapists from the
Philippines employed by the defendants at any time since September
3, 2014, the Plaintiffs seek a judgment against each defendant,
jointly and severally, for: compensatory and punitive damages for
violations of the TVPA; compensatory and liquidated damages for
violations of the FLSA and the New York Labor Law; compensatory
damages for breach of contract; pre- and post-judgment interest at
the statutory rate of 9% on all damages awarded for violations of
New York laws; a declaration that the $20,000 contract termination
fee is unenforceable under the TVPA, the Anti-Peonage Law, 42
U.S.C. Section 1994, and New York law; an award of reasonable
attorneys' fees and costs as authorized by the laws; and such other
relief as the Court deems just and proper.
Prime Leaders Health Services, Inc. is in the business of
recruiting physical therapists from the Philippines and placing
them to work at their clients' facilities.[BN]
The Plaintiffs are represented by:
John Howley, Esq.
THE HOWLEY LAW FIRM P.C.
1345 Avenue of the Americas, 2nd Floor
New York, NY 10105
Telephone: (212) 601-2728
PRISMA ENTERTAINMENT: Ramos Sues Over Worker Misclassification
--------------------------------------------------------------
CAMILLA RAMOS, individually and on behalf of all others similarly
situated, Plaintiff v. PRISMA ENTERTAINMENT, LLC, dba PLAN B
GENTLEMEN'S CLUB, a California corporation; FRANK GRUNDEL, an
individual; DOE MANAGERS 1- 3; and DOES 4-10, inclusive,
Defendants, Case No. 2:24-cv-07600 (C.D. Cal., September 5, 2024)
accuses the Defendants of violating the Fair Labor Standards Act,
the California Labor Code and the California Business and
Professions Code.
Allegedly, Defendants categorized all dancers/entertainers employed
at Plan B as "independent contractors" and have failed and refused
to pay wages or compensation to such dancers/entertainers.
Defendants allegedly evaded the mandatory minimum wage and overtime
provisions of the FLSA and illegally absconded with Plaintiff's
tips. In addition, the Defendant failed to keep records of tips,
gratuities and/or service charges paid to Plaintiff or any other
dancer/entertainer and failed to maintain and furnish wage
statements to Plaintiff, says the suit.
Prisma Entertainment, LLC operates an adult-oriented entertainment
facility located at 11637 W. Pico Boulevard, Los Angeles, CA. [BN]
The Plaintiff is represented by:
John P. Kristensen, Esq.
KRISTENSEN LAW GROUP
120 Santa Barbara St., Suite C9
Santa Barbara, CA 93101
Telephone: (805) 837-2000
E-mail: john@kristensen.law
PROSPERITY FOODSERVICE: Ramirez Sues Over Labor Law Breaches
------------------------------------------------------------
Silvio R. Ramirez, and other similarly situated individuals,
Plaintiff v. Prosperity Foodservice Group LLC, d/b/a Best Pork
Distributors of Miami, Luis Revuelta, and Miguel Revuelta,
individually, Defendants, Case No. 1:24-cv-23429-XXXX (S.D. Fla.,
September 5, 2024) seeks to recover monetary damages for unpaid
regular and overtime wages and retaliation under the Fair Labor
Standards Act.
According to the complaint, the Defendants employed Plaintiff
Ramirez as a local delivery driver and warehouse employee from
approximately January 15, 2019, to May 20, 2024, or more than five
years. During his time of employment with Defendants, the Plaintiff
worked more than 40 hours weekly, but he was not paid for overtime
hours, as required by law. The Plaintiff disagreed with the lack of
payment for overtime hours wage and complained to the business
owners multiple times. However, Plaintiff was terminated from work,
says the suit.
Based in Dade County, Florida, Prosperity Foodservice Group LLC,
d/b/a Best Pork Distributors of Miami operates as a meat
wholesaler. [BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
QUEEN NAILS: Faces Kim Wage-and-Hour Suit in D.N.J.
---------------------------------------------------
JULIET KIM, individually, and on behalf of others similarly
situated, Plaintiff v. QUEEN NAILS BEST LLC and KYOUNG JU LEE,
Defendants, Case No. 2:24-cv-08929 (D.N.J., Sept. 3, 2024) is an
action on behalf of the Plaintiff and similarly situated current
and former nail technicians who elect to opt-in to this action
pursuant to the Fair Labor Standards Act and the New Jersey Wage
and Hour Law to remedy violations of the wage-and-hour provisions
of the state and federal laws by Defendants that have deprived
Plaintiff and other similarly situated employees of their lawfully
earned wages.
According to the complaint, the Defendants have intentionally,
willfully, and repeatedly engaged in a pattern, practice, and/or
policy of violating the FLSA with respect to Plaintiff and the FLSA
Collective. This policy and pattern or practice include, but is not
limited to: a) willfully failing to pay its employees, including
Plaintiff and the FLSA Collective, minimum wages for all hours
worked and premium overtime wages for hours that they worked in
excess of 40 hours per workweek; b) willfully failing to record all
of the time that its employees, including Plaintiff and the FLSA
Collective, have worked for the benefit of Defendants; and c)
willfully failing to notify its employees, including Plaintiff and
the FLSA Collective, of their rights under the FLSA.
Plaintiff Kim was employed by the Defendants as a nail technician
at Queen Nails from around April 23, 2021, until July 21, 2024.
Queen Nails Best LLC, doing business as Queen Nails, is a New
Jersey Limited Liability Company which provides manicure, pedicure
and waxing services.[BN]
The Plaintiff is represented by:
Ryan J. Kim, Esq.
RYAN KIM LAW, P.C.
222 Bruce Reynolds Blvd. Suite 490
Fort Lee, NJ 07024
E-mail: ryan@RyanKimLaw.com
QUICK BOX: Tan Seeks Initial Approval of Settlement
---------------------------------------------------
In the class action lawsuit captioned as LEANNE TAN, Individually
and On Behalf of All Others Similarly Situated, v. QUICK BOX, LLC,
et al, Case No. 3:20-cv-01082-LL-DDL (S.D. Cal.), the Plaintiff
asks the Court to enter an order granting preliminary approval and
schedule the necessary proceedings for a final approval hearing
after notice to the Class.
The settlement is, at a minimum, in "the range of possible
approval," and thus the Court should grant preliminary approval and
schedule the necessary proceedings for a final approval hearing
after notice to the Class
The Plaintiff and the Konnektive Defendants have agreed to a Class
Settlement to resolve the putative Class's claims against those
Defendants in exchange for a minimum of $2 million and a maximum of
$5 million.
QuickBox is a third-party fulfillment partner of D2C and B2B
brand.
A copy of the Plaintiff's motion dated Sept. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Dwbw8J at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin Kneupper, Esq.
A. Cyclone Covey, Esq.
A. Lorraine Weekes, Esq.
KNEUPPER & COVEY, PC
17011 Beach Blvd., Suite 900
Huntington Beach, CA 92647
Telephone: (512) 420-8407
E-mail: kevin@kneuppercovey.com
cyclone@kneuppercovey.com
lorraine@kneuppercovey.com
RAUL LABRADOR: Court Certifies Class of Inmates in Robinson Suit
----------------------------------------------------------------
In the class action lawsuit captioned as COLE ROBINSON and JANE POE
v. RAUL LABRADOR; JOSH TEWALT; BRAD LITTLE; BREE DERRICK; CENTURION
HEALTH, and CENTURION OF IDAHO, LLC, Case No. 1:24-cv-00306-DCN (D.
Idaho), the Hon. Judge David Nye entered an order that:
1. Plaintiffs' Motion for Temporary Restraining Order,
Provisional
Class Certification, and Preliminary Injunction is granted.
a. The Court certifies the proposed class of all incarcerated
persons in the custody of IDOC who are, or will be
diagnosed
with Gender Dysphoria, and are receiving, or would receive
hormone therapy proscribed under Idaho Code section
18-8901.
b. The Court enjoins enforcement of Idaho Code section
18-8901's
prohibition on the use of state funds for purposes of
providing hormone therapy as against the class while this
lawsuit is pending.
c. The Court appoints counsel for the named Plaintiffs as
counsel for the class.
2. The bond requirement imposed by Federal Rule of Civil
Procedure
65(c) is waived.
The Plaintiffs have raised serious questions going to the merits of
their claims, they have shown likely irreparable harm, and they
have shown that the balance of equities and the public interest
favor the imposition of a preliminary injunction.
Accordingly, the Court will convert the current TRO into a
preliminary injunction against enforcement of the identified
portions of the Act as to Plaintiffs. Further, Plaintiffs have
established numerosity, commonality, typicality, and adequacy.
They have also shown that they qualify to bring a class action
under Rule 23(b)(2). Accordingly, the Court hereby GRANTS
Plaintiffs’ request for class certification.
Additionally, pursuant to its findings under Rule 23(g), the Court
appoints counsel for Plaintiffs as class counsel. Finally, the
Court will waive the bond requirement that would otherwise be
imposed under Federal Rule of Civil Procedure 65(c).
The Plaintiffs are two transgender women who are currently
incarcerated in facilities administered by the Idaho Department of
Corrections.
The Defendant specializes in providing healthcare services to
multi-site large populations.
A copy of the Court's order dated Sept. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=giC8sK at no extra
charge.[CC]
RAYTHEON TECHNOLOGIES: Settlement Reached in Borozny Suit
---------------------------------------------------------
In the class action lawsuit captioned as Borozny, et al., v.
Raytheon Technologies Corporation, Pratt & Whitney Division, et
al., Case No. 3:21-cv-01657 (D. Conn., Filed Dec. 14, 2021), the
Hon. Judge Sarala V. Nagala entered an order finding as moot motion
to certify class.
In light of the notice of settlement in principle between
Plaintiffs and Defendant RTX Corporation, Pratt & Whitney Division
at ECF No. 966, and the fact that Plaintiffs have already reached a
preliminary settlement with all other Defendants.
The Court finds as moot Plaintiffs' motion for class certification,
and Defendants' Motion to Preclude Plaintiffs' Expert.
The Court will address class certification issues as necessary in
the pending and anticipated motions for preliminary approval of the
class settlement.
The nature of suit states antitrust litigation.
Raytheon is an American multinational aerospace and defense
conglomerate headquartered in Arlington, Virginia.[CC]
RECREATIONAL PLUS: Igartua Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
JUAN IGARTUA, on behalf of himself and all others similarly
situated, Plaintiff v. RECREATIONAL PLUS LEV INC., Defendant, Case
No. 1:24-cv-06761 (S.D.N.Y., September 5, 2024) alleges that the
Defendant violated the Americans with Disabilities Act, the New
York State Human Rights Law, the New York City Human Rights Law,
and the New York State Civil Rights Law.
The Plaintiff encountered significant accessibility barriers on
Defendant's website that prevented him from fully utilizing its
services. These barriers include links without an accessible names,
which can lead to confusion and difficulty in navigation for the
users who rely on a screen reader. Accordingly, Plaintiff Igartua
brings this civil action against Defendant for its failure to
design, construct, maintain, and operate the Defendant's Website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
Headquartered in Farmingdale, NY, Recreational Plus Lev Inc. owns
and operates a cannabis dispensary and the website,
www.recreationalplusnyc.com. [BN]
The Plaintiff is represented by:
Jon L. Norinsberg, Esq.
Bennitta L. Joseph, Esq.
110 East 59th Street, Suite 2300
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
REDWIRE CORP: Lemen Seeks Leave to Amend First Amended Complaint
----------------------------------------------------------------
In the class action lawsuit captioned as JED LEMEN, Individually
and On Behalf of All Others Similarly Situated, v. REDWIRE
CORPORATION f/k/a GENESIS PARK ACQUISITION CORP., PETER CANNITO,
and WILLIAM READ, Case No. 3:21-cv-01254-TJC-PDB (M.D. Fla.), the
Plaintiff asks the Court to enter an order granting leave to amend
the First Amended Complaint to add Anthony Cueter as additional
class representative and to supplement his motion for class
certification only to include an additional class representative.
Good cause exists to modify the scheduling order to allow for such
amendment and addition of Mr. Cueter as a class representative.
Alternatively, the Court should exercise its own power under
Federal Rule of Civil Procedure 23(d)(B)(iii) to permit Mr. Cueter
to "come into this action" to "protect class members."
Mr. Cueter's PSLRA certification, listing all of his trades during
the Class Period, and his declaration in support of his
appointment, showing he still holds those shares and detailing his
qualifications, are attached to the Declaration of Reed R. Kathrein
in support of this motion as Exhibits A and B respectively.
Adding Mr. Cueter would remedy any perceived defect in LP's
typicality raised by the Defendants under MacPhee and strengthen
the case for class certification.
Mr. Cueter is a retired IRS agent of 39 years, has a bachelors's
degree from Baruch College, and has managed his own investments for
more than 25 years. As such, his experience in accounting is
relevant to his understanding of the accounting issues in this
case.
Redwire Corporation is an American aerospace manufacturer and space
infrastructure technology company.
A copy of the Plaintiff's motion dated Sept. 4, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sWEQF4 at no extra
charge.[CC]
The Plaintiff is represented by:
Reed R. Kathrein, Esq.
Lucas E. Gilmore, Esq.
Steve W. Berman, Esq.
Peter A. Shaeffer, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 300
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: reed@hbsslaw.com
lucasg@hbsslaw.com
steve@hbsslaw.com
petersh@hbsslaw.com
- and -
Brian Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 90067
E-mail: brian@schallfirm.com
- and -
David M. Buckner, Esq.
BUCKNER + MILES
2020 Salzedo St Suite 302
Coral Gables, FL 33134
E-mail: david@bucknermiles.com
RK ASSOCIATES: Brito Sues Over Accessibility Barriers in Property
-----------------------------------------------------------------
CARLOS BRITO, Plaintiff v. RK ASSOCIATES XVIII, LLC and HAPPY BIRD
LLC d/b/a LA MATERA, Defendant, Case No. 1:24-cv-23405 (S.D. Fla.,
Sept. 4, 2024) is an action for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act.
Defendant/landlord RK ASSOCIATES XVIII, LLC, owns, operates and/or
oversees commercial property, to include its general parking lot,
parking spots, Entrance Access, and Path of Travel specific to the
restaurant and bar business operating within the commercial
property and all other common areas open to the public located
within the commercial property. The subject commercial property and
restaurant and bar are open to the public and is located in
Miami-Dade County, Florida. The individual Plaintiff visits the
commercial property and restaurant and bar regularly. On June 27,
2024, the Plaintiff encountered multiple violations of the ADA that
directly affected his ability to use and enjoy the commercial
property, says the suit.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject places of public accommodation.
The barriers to access at Defendant's commercial property and
commercial restaurant and bar business have each denied or
diminished Plaintiff's ability to visit these places of public
accommodation and have endangered his safety in violation of the
ADA, the suit asserts.
Plaintiff Brito is an individual with disabilities as defined by
and pursuant to the ADA.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
Primary E-Mail: ajp@ajperezlawgroup.com
Secondary E-Mail: jr@ajperezlawgroup.com
ROBIN HOOD: Website Inaccessible to Blind Users, Igartua Suit Says
------------------------------------------------------------------
JUAN IGARTUA, on behalf of himself and all others similarly
situated, Plaintiff v. ROBIN HOOD CANNABIS LLC d/b/a DAGMAR
CANNABIS, Defendant, Case No. 1:24-cv-06760 (S.D.N.Y., September 5,
2024) arises from Defendant's failure to design, construct,
maintain, and operate the Defendant's website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired people.
The Plaintiff has been denied the full use and enjoyment of the
facilities, goods and services offered to the general public, on
Defendant's website in Bronx County. These access barriers that
Plaintiff encountered have caused a denial of Plaintiff's full and
equal access multiple times in the past, and now deter Plaintiff on
a regular basis from accessing the Defendant's website in the
future. Accordingly, the Plaintiff assert claims for Defendant's
violations 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.
Robin Hood Cannabis LLC d/b/a Dagmar Cannabis is a New York limited
liability company that owns a dispensary in Soho, New York City,
and maintains the website, www.dagmarcannabis.com. [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
E-mail: jon@norinsberglaw.com
bennitta@employeejustice.com
ROY'S ROTI: Fails to Pay Proper Wages, Khan Suit Alleges
--------------------------------------------------------
ANIE KHAN, individually and on behalf of all others similarly
situated, Plaintiff v. ROY'S ROTI SHOP AND LOUNGE INC.; ROY
KHEDAROO; and NEIL BHAGWANDIN, Defendants, Case No. 1:24-cv-06359
(E.D.N.Y., Sept. 11, 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 Khan was employed by the Defendants as a bartender.
Roy's Roti Shop and Lounge Inc. owns and operates a restaurant in
New York. [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
SCHNEIDER NATIONAL: Removes Lopez Suit to C.D. Calif.
-----------------------------------------------------
The Defendant in the case of NOE H. LOPEZ, individually and on
behalf of all others similarly situated, Plaintiff v. SCHNEIDER
NATIONAL CARRIERS, INC.; and DOES 1 through 10, inclusive,
Defendants, filed a notice to remove the lawsuit from the Superior
Court of the State of California, County of Los Angeles (Case No.
24STCV19934) to the U.S. District Court for the Central District of
California on Sept. 11, 2024.
The clerk of court for the Central District of California assigned
Case No. 2:24-cv-07731. The case is assigned to Judge Mark C.
Scarsi and referred to Magistrate Stephanie S. Christensen.
Schneider National Carriers Inc. provides transportation services.
The Company offers freight transportation, cargo, truckload, and
logistic services. [BN]
The Plaintiff is represented by:
Sabrina A. Beldner, Esq.
Andrew W. Russell, Esq.
Sarah Y. Oh, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
Email: sbeldner@mcguirewoods.com
arussell@mcguirewoods.com
soh@mcguirewoods.com
SNOWFLAKE INC: Fails to Protect Private Call Info, Miller Claims
----------------------------------------------------------------
MARI MILLER, on behalf of herself and all others similarly
situated, Plaintiff v. SNOWFLAKE, INC.; AT&T INC.; and AT&T
MOBILITY, LLC, Defendants, Case No. 2:24-cv-00094-BMM (D. Mont.,
Sept. 3, 2024) is a class action against the Defendants for their
failure to secure and safeguard Plaintiff's and Class members'
highly sensitive phone call and text message records, including
their phone numbers, the phone numbers of every AT&T customer they
interacted with, the date of each such call and text, and cell site
identification numbers for those interactions or the private call
information (PCI).
On July 12, 2024, AT&T announced that records of calls and texts of
"nearly all" 110 million of its wireless customers and customers of
certain third-party mobile virtual network operators that leased
AT&T's network, had been illegally downloaded from its workspace on
Snowflake's cloud platform between April 14 and April 25, 2024, in
a massive security breach. AT&T breached that duty by failing to
implement and maintain -- or by sharing Plaintiff's and Class
members' PCI with third parties who failed to implement and
maintain -- reasonable security procedures and practices to protect
Plaintiff's and Class members' PCI from unauthorized access and
disclosure, says the suit.
As a result of Defendants' inadequate security and breach of their
duties and obligations to Plaintiff and Class members, the data
breach occurred, compromising Plaintiff's and Class members' PCI
and resulting in its disclosure on the dark web, the suit alleges.
Snowflake Inc. provides software solutions. The Company develops
database architecture, data warehouses, query optimization, and
parallelization solutions.
AT&T, Inc. is a telecommunication company in the U.S.[BN]
The Plaintiff is represented by:
Jesse Kodadek, Esq.
Elliott McGill, Esq.
PARSONS BEHLE & LATIMER
127 East Main Street, Suite 301
Missoula, MT 59802
Telephone: (406) 317-7220
E-mail: jkodadek@parsonsbehle.com
emcgill@parsonsbehle.com
- and -
Jason L. Lichtman, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN
250 Hudson Street, 8th Floor
New York, NY 10013-1413
Telephone: (212) 355-9500
E-mail: jlichtman@lchb.com
- and -
Amy E. Keller, Esq.
DICELLO LEVITT LLP
Ten North Dearborn St., Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: akeller@dicellolevitt.com
SOLID GROUND: Glaze Sues Over Illegal Debt Collection Practices
---------------------------------------------------------------
KWAYNE GLAZE, individually and on behalf of all those similarly
situated, Plaintiff v. SOLID GROUND FINANCIAL LLC, Defendant, Case
No. CACE-24-012642 (Fla. Cir., 17th Judicial, Broward Cty., Sept.
4, 2024) is a class action against the Defendant for violating the
Florida Consumer Collection Practices Act.
According to the complaint, the Defendant sent an electronic
communication to Plaintiff in connection with the collection of the
consumer debt. The electronic communication was sent to Plaintiff
between the hours of 9:00 PM and 8:00 AM in the time zone of
Plaintiff. The Defendant did not have the consent of Plaintiff to
communicate with Plaintiff between said hours. As such, by and
through the electronic communication, the Defendant violated the
FCCPA, says the suit.
The Plaintiff is the alleged debtor of the consumer debt.
Solid Ground Financial LLC provides credit counseling service in
Hollywood, Florida.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, ESQ.
Zane C. Hedaya, Esq.
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
zane@jibraellaw.com
gerald@jibraellaw.com
SOUTH WESTERN: Fails to Protect Sensitive Data, Lees Suit Says
--------------------------------------------------------------
JUSTIN LEE, on behalf of himself and all others similarly situated,
Plaintiff v. SOUTH WESTERN COMMUNICATIONS, INC., Defendant, Case
No. 3:24-cv-00157-RLY-CSW (S.D. Ind., Sept. 3, 2024) arises from
the Defendant's failure to protect highly sensitive data.
According to the complaint, the cybercriminals were able to breach
Defendant's systems because Defendant failed to adequately train
Plaintiff and similarly situated employees on cybersecurity and
failed to maintain reasonable security safeguards or protocols to
protect the Class' personal identifiable information and protected
health information. In short, Defendant's failures placed the
Class' PII/PHI in a vulnerable position rendering them easy targets
for cybercriminals.
The complaint alleges that Plaintiff suffered actual injury in the
form of damages to, and diminution in the value of, his PII/PHI.
The Plaintiff also suffered imminent and impending injury arising
from the substantially increased risk of fraud, misuse, and
identity theft -- all because Defendant's data breach placed
Plaintiff's PII/PHI right in the hands of criminals, the suit
asserts.
South Western Communications, Inc. develops communication software
solutions.[BN]
The Plaintiff is represented by:
Lynn A. Toops, Esq.
Amina A. Thomas, Esq.
COHEN & MALAD LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Facsimile: (317) 636-2593
E-mail: ltoops@cohenandmalad.com
athomas@cohenandmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
SPECIALTY NETWORKS: Lovell Hits Illegal Access to Personal Info
---------------------------------------------------------------
ANN LOVELL, individually, and on behalf of all others similarly
situated, Plaintiff v. SPECIALTY NETWORKS, LLC, and PRIME IMAGING,
LLC, Defendants, Case No. 1:24-cv-00305 (E.D. Tenn., Sept. 3, 2024)
arises from the public exposure of the confidential, private
information of Defendant's current and former patients, personally
identifying information and protected health information, including
of Plaintiff and the Class Members, which was in the possession of
Defendants in a cyberattack on Specialty Networks' systems,
beginning December 11, 2023, caused by Defendants' collective
failures to adequately safeguard that personal information.
According to Defendants, the personal information unauthorizedly
disclosed in the data breach includes patients' name, date of
birth, driver's license number, Social Security number, medical
record number, treatment and condition information, diagnoses,
medications, and health insurance information. The Defendants
failed to undertake adequate measures to safeguard the Personal
Information of Plaintiff and the proposed Class Members, says the
suit.
As a direct and proximate result of Defendants' failures to protect
current and former patients' sensitive personal information and
warn them promptly and fully about the data breach, the Plaintiff
and the proposed Class Members have suffered widespread injury and
damages necessitating Plaintiff seeking relief on a class wide
basis, the suit relates.
Based in Chattanooga, Tennessee, Specialty Networks was founded in
2004 as an application services provider for Picture Archive and
Communication Systems.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
SWEDISH INSTITUTE: Herrera Sues for Website's Non-Compliance of ADA
-------------------------------------------------------------------
EDERY HERRERA, on behalf of himself and all other persons similarly
situated, Plaintiff v. SWEDISH INSTITUTE INCORPORATED, Defendant,
Case No. 1:24-cv-06794 (S.D.N.Y., September 7, 2024) accuses the
Defendant of violating the Americans with Disabilities Act, the New
York State Human Rights Law, and the New York City Human Rights Law
by failing to design, construct, maintain, and operate its
interactive website, https://www.swedishinstitute.edu, to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant failed to make its website available in a manner
compatible with computer screen reader programs, Defendant deprives
blind and visually-impaired individuals the benefits of its online
content and services. Moreover, the Plaintiff has been denied the
full use and enjoyment of the facilities and services of
Defendant's interactive Website while attempting to access the
Website from his home in Bronx County, NY, says the suit.
Swedish Institute Incorporated operates the Swedish massage therapy
clinic located at 226 W. 26th St., New York, NY 10001, as well as
the Swedish interactive website, https://www.swedishinstitute.edu.
[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
TARGET CORP: Dulitz Sues Over Crackers Sold in Oversized Box
------------------------------------------------------------
DANIEL DULITZ, individually and on behalf of all others similarly
situated, Plaintiff v. TARGET CORPORATION, Defendant, Case No.
718454/2024 (N.Y. Sup. Ct., Queens Cty., September 6, 2024) is a
class action against the Defendant for violation of New York
General Business Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of gluten-free
crackers under its Good & Gather brand. According to the complaint,
the product is misbranded and misleads consumers, because the
labeling and packaging, the oversized box, fails to reveal facts
material in light of such representations, because it does not
disclose that it is roughly two-thirds empty. As a result of the
false and misleading representations and omissions, the product is
sold at a premium price, says the suit.
Target Corporation is a company that operates retail stores,
headquartered in Minneapolis, Minnesota. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES P.C.
60 Cuttermill Rd., Ste. 412
Great Neck, NY 11021
Telephone: (516) 268-7080
Facsimile: (516) 234-7800
Email: spencer@spencersheehan.com
THORNE HEALTHTECH: Share Data Without Consent, Haviland Says
------------------------------------------------------------
ELIZABETH HAVILAND, individually and on behalf of all others
similarly situated, Plaintiff v. THORNE HEALTHTECH, INC.,
Defendant, Case No. 2:24-cv-07760 (C.D. Cal., Sept. 11, 2024)
alleges violation of the California Trap and Trace Law.
According to the Plaintiff, the Defendant did not obtain Class
Members’ express or implied consent to be subjected to data
sharing with TikTok for the purposes of fingerprinting and
de-anonymization in violation of the California Trap and Trace
Law.
Thorne HealthTech, Inc. operates as a science-driven wellness
company. The Company offers actionable insights, personalized data,
products, services that help individuals take a proactive approach
to improve and maintain their health over their lifetime. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Matthew J. Smith, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
Email: robert@taulersmith.com
matthew@taulersmith.com
TTC CLEANING: Valania Seeks to Recover Proper Overtime Wages
------------------------------------------------------------
ANGELA VALANIA, on behalf of herself and similarly situated
employees, Plaintiff v. TTC Cleaning Solutions, LLC, Defendant,
Case No. 3:24-cv-01512-JKM (M.D. Pa., September 6, 2024) seeks all
available relief under the Fair Labor Standards Act and the
Pennsylvania Minimum Wage Act.
The Plaintiff worked for Defendants as an hourly employee during
all relevant times prior to mid-August 2024. The Defendants failed
to pay Plaintiff proper overtime compensation for the hours she
worked over 40 per week, says the suit.
Headquartered in Whitehall, PA, TTC Cleaning Solutions, LLC owns
and operates a business that provides commercial cleaning services
to businesses and governmental entities. [BN]
The Plaintiff is represented by:
Peter Winebrake, Esq.
Michelle Tolodziecki, Esq.
WINEBRAKE & SANTILLO, LLC
715 Twining Road, Suite 211
Dresher, PA 19025
Telephone: (215) 884-2491
E-mail: pwinebrake@winebrakelaw.com
mtolodziecki@winebrakelaw.com
WELLS FARGO: Flores Sues Over Breach of Contract
------------------------------------------------
DENISE GEORETTE FLORES, Plaintiff v. WELLS FARGO BANK, N.A.,
Defendant, Case No. 4:24-cv-00359-WS-MAF (N.D. Fla., September 6,
2024) is a class action arising from Defendant's concealed
automation error that resulted in the denial of the Plaintiff's
request for mortgage loan modification and the foreclosure of her
home, asserting claims for breach of contract and breach of implied
covenant of good faith and fair dealing and negligence.
According to the complaint, Wells Fargo applied incorrect and
illegal fees to the mortgage loan accounts of Plaintiff and Class
due to an automation errors and those errors led to to Wells Fargo
applying mortgage payments and mortgage modification trial payments
to the collection of fees it earned as the servicer of the
mortgages to its own benefit. In addition, neither the Plaintiff
nor the Class members received any notice of the automation errors
that resulted in the foreclosure of their home until on or around
May 10, 2024. Accordingly, the Plaintiff seeks to recover the
amount by which Wells Fargo was unjustly enriched at her expense.
Headquartered in San Francisco, CA, Wells Fargo Bank, N.A. provides
personal and commercial banking services. [BN]
The Plaintiff is represented by:
Joseph Anthony Zarzaur, Jr.,Esq.
Stephen F. Bolton, Esq.
ZARZAUR LAW, P.A.
100 Palafox Pace
Pensacola, FL 32502
Telephone: (850) 444-9299
Facsimile: (850) 696-1060
E-mail: joe@zarzaurlaw.com
steve@zarzaurlaw.com
service@zarzaurlaw.com
- and -
Joseph "Jay" H. Aughtman, Esq.
AUGHTMAN LAW FIRM, LLC
1722 Platt Place
Montgomery, AL 36117
Telephone: (334) 215-9873
Facsimile: (334) 213-5663
E-mail: jay@aughtmanlaw.com
- and -
Aaron C. Hemmings, Esq.
HEMMINGS & STEVENS, P.L.L.C.
5540 McNeely Drive, Suite 202
Raleigh, NC 27612
Telephone: (919) 277-0161
Facsimile: (919) 277-0162
E-mail: ahemmings@hemmingsandstevens.com
YOUNG CONSULTING: Kelly Sues Over Unprotected Private Information
-----------------------------------------------------------------
JAMES KELLY, individually and on behalf of L.K., his minor child,
and on behalf of all other similarly situated, Plaintiff v. Young
Consulting, LLC, Defendant, Case No. 1:24-cv-04014-TWT (N.D. Ga.,
September 6, 2024) arises from its failure to safeguard certain
personally identifying information and protected health information
of at least 954,177 of customers of its clients, including their
names, Social Security numbers, dates of birth, and insurance
policy and claim information.
On or about April 13, 2024, the Defendant experienced a ransomware
event that was reportedly carried out by the BlackSuit cybergang.
The group claimed to have stolen Defendant's business, employee,
and financial data files, among others. However, the Defendant took
more than four months to notify Plaintiff and the proposed Class
Members of the data breach, even though Defendant is statutorily
required to give notice to affected individuals in the most
expedient time possible and without unreasonable delay.
Accordingly, the Plaintiff seeks redress for Defendant's unlawful
conduct and asserts claims for negligence, negligence per se,
breach of third-party beneficiary contract, and breach of
bailment.
Headquartered in Atlanta, GA, Young Consulting is a health
technology company providing software-as-a-service solutions to
healthcare providers. [BN]
The Plaintiff is represented by:
Joseph B. Alonso
Daniel H. Wirth
ALONSO WIRTH
1708 Peachtree Street, Suite 303
Atlanta, GA 30309
Telephone: (678) 928-4472
E-mail: jalonso@alonsowirth.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
Miles Schiller, Esq.
STRANCH, JENNINGS &GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
gwells@stranchlaw.com
mschiller@stranchlaw.com
ZOOMINFO: Pontiac Police Retirement System Hits Share Price Drop
----------------------------------------------------------------
CITY OF PONTIAC POLICE AND FIRE RETIREMENT SYSTEM, on behalf of
itself and all others similarly situated, Plaintiff v. ZOOMINFO
TECHNOLOGIES, INC., HENRY SCHUCK, CAMERON HYZER, TA ASSOCIATES
MANAGEMENT, LP, THE CARLYLE GROUP, INC., and DO HOLDINGS (WA), LLC,
Defendants, Case No. 3:24-cv-5739 (W.D. Wash., Sept. 4, 2024) is a
securities class action on behalf of the Plaintiff and all
purchasers of ZoomInfo Class A common stock between November 10,
2020, and August 5, 2024, both dates inclusive, seeking to pursue
remedies under the Securities Exchange Act of 1934 against ZoomInfo
and certain of the Company's senior executive officers and
controlling shareholders.
According to the complaint, ZoomInfo claimed to be experiencing
"record" financial results amid the pandemic. For example, for its
fiscal year ending December 31, 2021, ZoomInfo reported that its
annual revenues had increased 57% to $747 million (from $476
million in the prior year) and that the Company had achieved a Net
Revenue Retention of 116% -- an all-time high. During a related
conference call with investors, defendant Schuck attributed
ZoomInfo's record NRR to demand for its products and claimed that
the NRR the Company had achieved in 2021 was not only
"sustainable," but improving. Defendant Schuck represented that
ZoomInfo continued to see a "strong demand environment," which he
claimed had set the stage for "continued growth and profitability"
within the Company's purported "$70 billion market opportunity."
Unbeknownst to investors, however, ZoomInfo's financial and
operational results had been temporarily boosted by the ephemeral
effects of the COVID-19 pandemic, which had pulled-forward demand
for the Company's database of digital contact information. As a
result, after the initial wave of demand abated, material portions
of ZoomInfo's existing customers attempted to substantially reduce
their use of ZoomInfo's platform and/or abandon the product
altogether. To prolong their fraudulent scheme, defendants
continued to make materially false and misleading statements to
investors and engaged in business tactics designed to conceal the
full truth from investors, says the suit.
As a result of these serial disclosures, the price of ZoomInfo
Class A common stock declined from a Class Period high of over $79
per share to just $8 per share by the end of the Class Period, a
90% decline, causing plaintiff and the Class to suffer billions of
dollars in losses and economic damages under the federal securities
laws. The Defendants, meanwhile, sold billions of dollars' worth of
ZoomInfo stock at artificially inflated prices before the truth was
revealed, the suit added.
ZoomInfo Technologies, Inc. is a software and data company which
provides data for companies and business individuals.[BN]
The Plaintiff is represented by:
Juli E. Farris, Esq.
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3400
Seattle, WA 98101-3052
Telephone: (206) 623-1900
E-mail: dloeser@kellerrohrback.com
jfarris@kellerrohrback.com
- and -
Samuel H. Rudman, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
E-mail: srudman@rgrdlaw.com
- and -
Brian E. Cochran, Esq.
Francisco J. Mejia, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-8498
Telephone: (619) 231-1058
E-mail: bcochran@rgrdlaw.com
fmejia@rgrdlaw.com
- and -
Matthew I. Henzi, Esq.
ASHERKELLY
25800 Northwestern Highway, Suite 1100
Southfield, MI 48075
Telephone: (248) 746-2710
E-mail: mhenzi@asherkellylaw.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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