/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/241112.mbx C L A S S A C T I O N R E P O R T E R Tuesday, November 12, 2024, Vol. 26, No. 227 Headlines 260 ELIZABETH: Shop Not Accessible to the Disabled, Lawrence Says 3M COMPANY: Dendy Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Maldonado Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: Miller Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Parish Sues Over Exposure to Toxic Film-Forming Foams 3M COMPANY: Roberts Sues Over Exposure to Toxic Aqueous Foams 3M COMPANY: West Sues Over Exposure to Toxic Film-Forming Foams ABINE INC: Espinal Sues Over Blind-Inaccessible Website AGELESS SCIENCES: Crumwell Sues Over Blind-Inaccessible Website AGILEONE SOLUTIONS: Hendrix Sues Over Failure to Pay Wages AIRBNB INSURANCE: Bentley-Nehrhood Files Suit in W.D. Washington ALLY FINANCIAL: Faces Craig Class Suit in W.D. North Carolina ALTON STEEL: Bick Sues Over Unpaid Overtime Compensation AMAZON WEB: Summary Judgment on Plaintiffs' Surviving Claim Granted AMERICAN MODULAR: Fails to Pay Proper Wages, Rodriguez Alleges APPLE INC: Class Settlement Deal in Tabak Suit Gets Final Nod ARIA COMMUNITY: Ayon Files Suit in Cal. Super. Ct. ASHLYNN MARKETING: D.F. Sues Over False and Misleading Products ASSOCIATE MECHANICAL: Frey FLSA Suit Removed to S.D. California B & Z LLC: Arzu Sues Over Failure to Pay Overtime Wages BAXALTA US INC: Duncan Suit Removed to C.D. California BEAR'S FRUIT: Locke Files Suit in E.D. New York BERBER FOOD: Faces Espino Employment Class Suit in Cal. Super. BK WINE DEPOT: Pollitt Sues Over Blind-Inaccessible Website BOSTON CHILDREN'S: Young Files Suit Over Data Breach BOSTON CHILDRENS: Dickman Files Suit in S.D. New York BOTH INC: Dail Must Refile Second Amended Complaint by Nov. 29 BULOVA WATCH: Faour Sues Over False and Deceptive Pricing CALERES INC: Cummings Personal Injury Suit Removed to E.D. Mo. CEPHALON INC: Marshall Cty. Files Suit Over Opioid Epidemic Effects CHAPARRAL STREET: Fails to Pay Servers' Wages, Gonzalez Says CLARKSON EYECARE: Divulges Personal Info to 3rd Party, Roberts Says COINBASE GLOBAL: Continues to Defend Underwood Class Suit COLIBRI GROUP: Damrau Sues Over Unlawful Disclosure of Information COMCAST OTR1 LLC: Cacharron Suit Removed to M.D. Florida COURREGES USA INC: Bunting Sues Over Blind-Inaccessible Website CULINARY SERVICES: Lightner Files Suit in Cal. Super. Ct. DBZ ENTERPRISES: D.B. Sues Over False & Misleading Sales Practices DOT TRANSPORTATION: Fact Discovery Amended to Sept. 21, 2025 DR. SQUATCH: Napolitano Sues Over False and Misleading Labels ECONOMY PREFERRED: Settlement Prelim Approval Bid Withdrawn ECONOMY PREMIER: Wilhelm Settlement Prelim Approval Bid Withdrawn EPIC LANDSCAPE: Court Certifies Class of Landscape Workers EQUIFAX INFORMATION: Snyder Files FCRA Suit in E.D. Virginia ESUPPLEMENTS LLC: Plaintiffs Must Serve Class Cert by July 25, 2025 EVERBANK FINANCIAL: Haviland Sues Over Unlawful Collection of Data EVOLVE BANK & TRUST: Bynoe Suit Transferred to W.D. Tennessee EXP REALTY: Class Cert Bid Deadline Extended to June 26, 2025 EXP REALTY: Whitfield Files TCPA Suit in C.D. California FARMERS CASUALTY: Creasman Settlement Prelim Approval Bid Withdrawn FARMERS GROUP: Luna Settlement Prelim Approval Bid Withdrawn FCA US: Class Cert Bid Filing in Fisher Extended to Dec. 11, 2025 FIDELITY INVESTMENTS: Fails to Secure Personal Info, Wilbert Says FIDELITY MANAGEMENT: Davis Sues Over Breach of Fiduciary Duties FIRST PORTFOLIO: Fails to Prevent Data Breach, Smith Suit Says FLATTOPS COMPLETE: Lake Sues Over Unpaid Overtime Wages GARDEN OF LIFE: Vasseur Sues Over Misleading Discount Practices GARY WESTCOTT: Miller Files Suit in M.D. Louisiana GEORGETOWN UNIVERSITY: Daniels Sues Over Failure to Secure Data GOTO TECHNOLOGIES: Filing for Class Cert Bid Due July 14, 2025 HERSHEY COMPANY: Parish Sues Over Dangerous Levels of Fluorine HN & SONS: Pagano Wins Class Certification Bid HOSPITAL SISTERS: Class Cert Bid in Brahm Reset to June 20, 2025 HOT TOPIC: Barber Sues Over Failure to Secure and Safeguard PII HOTWORX FRANCHISING: Website Inaccessible to the Blind, Thorne Says HUB GROUP: Faces Lopez Wage-and-Hour Suit in Cal. State Court IKE GAMING: Property Not Disabled Friendly, Meggs Says INDIANA FAMILY: Bowman Sues Over Violation of Rights INFINITE HEALTH: Vriezen Files Personal Injury Claims in Minnesota INTERNATIONAL BANK: Parrott Suit Transferred to W.D. Texas IRHYTHM TECHNOLOGIES: Continues to Defend Securities Class Suit JOSEPH DELUCIA: Property Not Disabled Friendly, Meggs Says JP MORGAN: Canales Suit Transferred to S.D. New York LANDMARK ADMIN: Bosch Sues Over Failure to Secure Information LANDMARK ADMIN: Fisher Sues Over Failure to Safeguard Information LANDMARK ADMIN: Newson Sues Over Unprotected Personal Info LAZAROU ENTERPRISES: Peterson Suit Seeks Unpaid Wages LIFE-ASSIST INC: Faces Johnson Employment Suit in Cal. Super. LIFELINE SYSTEMS: Englar Files Suit in Mass. Super. Ct. LINE 5 LLC: Friel Files TCPA Suit in M.D. Pennsylvania LUXUS BOTANICA: Turner Seeks Equal Website Access for the Blind MATTEL INC: Faces Wall Suit Over Unsafe Infant Swings MC2 DATA: Smart Sues Over Failure to Secure Sensitive Information MCDONALD'S USA: McCray Sues Over Contaminated Products MDS CONSTRUCTION: Butt Sues Over Unpaid Overtime Compensation METAL CONTAINER: Sanner Suit Removed to C.D. California MONSANTO COMPANY: Greene Suit Transferred to N.D. California MONT BLAC CORP: Padilla Sues Over Failure to Pay All Wages NANCY JOHNSTON: Pyron Files Suit in D. Minnesota NAPLETON ENTERPRISES: Olsen Files FCRA Suit in N.D. Ill. NATIONAL PACKING: Rivera Sues Over Unpaid Overtime Wages NEW TSI HOLDINGS: Fails to Secure Personal Info, Rhames Says NEW YORK UNIVERSITY: Hall-Landers Seeks to File Reply Materials NEW YORK: DeFreitas Sues Over Violation of Prisoner's Civil Rights NOVA HOME: Savinova Bid to Appeal Class Cert Denial Tossed PATAGONIA INC: Knight Suit Removed to C.D. California PEAK HOME HEALTH: Schimanski Sues Over Unpaid Overtime Compensation PENNYMAC MORTGAGE: Continues to Defend Verthelyi Class Suit PETVET CARE CENTERS: Fernandez Sues Over Blind-Inaccessible Website PINNACLE SPECIALTY: Pharr Suit Removed to D. New Mexico PLATINUM WEALTH: Artis Sues Over Unpaid Overtime Compensation PORTFOLIO RECOVERY: Mensah Files FDCPA Suit in S.D. New York PRECISION NDT: Court Narrows Claims in HC&D Suit PROGRESSIVE CORPORATION: Greene Files Suit in N.D. Ohio RADIO SYSTEMS: Class Cert Hearing in Hernandez Set for Jan. 6, 2025 RALEY'S: Saundra Files Employment Suit in Calif. State Court READING INTERNATIONAL: Must File Class Cert Response by Nov. 22 REPUBLIC SERVICES: Budget Inns Suit Transferred to N.D. Florida RISEWELL LLC: Watkins Sues Over Misleading Kiddie Toothpaste Ad ROBINHOOD MARKETS: Dey Sues Over Unlawful Conduct RUSSELL CELLULAR: Clarin Files Suit in Cal. Super. Ct. S. JONES 300: Meggs Sues Over Inaccessible Commercial Property SENIOR HEALTHCARE: Thompson TCPA Suit Transferred to M.D. Florida SERVICE FINANCE: Zink Sues Over Undisclosed Loan Financing Fee SMMB INC: Website Not Accessible to the Blind, Turner Says SOUTH CAROLINA: Anders Files ADA Suit in D. South Carolina SOUTHERNCARLSON INC: Lopez Files Suit in Cal. Super. Ct. SRG GLOBAL: Court Dismisses Peeler Class Suit SSM HEALTH: Hicks Sues Over Unpaid Overtime Wages ST. JOHNS RIVER: Plaintiffs May File SAC by Nov. 19 STERLING INFOSYSTEMS: Court Certifies Settlement Class in Grissom SWIFT TRANSPORTATION: Alvarez Suit Removed to C.D. California TALK 4 LESS: Gonzalez Files Employment Suit in Cal. State Court UBER TECHNOLOGIES: Edwards Files Suit in Cal. Super. Ct. UNDER ARMOUR: Rappaport Files Suit in E.D. New York UNIVERSAL IRON WORKS: Mora Files Suit in Cal. Super. Ct. UNIVERSITY MECHANICAL: Allmaras Suit Removed to S.D. California VARIABLE ANNUITY LIFE: Michalik Suit Transferred to S.D. Texas VICEROY IMPROVEMENT: Faces Gavaldon Labor Suit in Cal. Super. VOLT MANAGEMENT: Gonzalez Suit Removed to E.D. California WASHINGTON: Thomason Complaint Dismissed w/ Prejudice WYSOCKI BROTHERS: Huezo-Hoopo Suit Seeks Laborers' Unpaid Overtime ZONI LANGUAGE: Ortega Sues Over Unpaid Minimum, Overtime Wages ********* 260 ELIZABETH: Shop Not Accessible to the Disabled, Lawrence Says ----------------------------------------------------------------- NANA QUEENIE LAWRENCE, Plaintiff v. 260 ELIZABETH STREET OWNER LLC, GORJANA & GRIFFIN, INC. and GORJANA-NOLITA, Defendants, Case No. 1:24-cv-08186 (S.D.N.Y., October 28, 2024) is a class action by Plaintiff, on behalf of herself and for the benefit of all others similarly situated, seeking declaratory, injunctive, and equitable relief, as well as monetary damages and attorney's fees, costs, and expenses, due to Defendants' unlawful disability discrimination in violation of Title III of the Americans with Disabilities Act and its implementing regulation, the New York State Executive Law and the Administrative Code of the City of New York. The Plaintiff, is an adult female confined to a wheelchair. She is incapable of moving around outside of her home without assistance and a wheelchair. She has further restrictions speaking, caring for herself, and performing other tasks associated with daily living. On September 9, 2023, the Plaintiff attempted to access Defendants' retail jewelry establishment. She discovered that the vestibule is not navigable by wheelchair at Defendants' place of public accommodation that prevents and/or restricts access to a person with a disability. Because of Defendants' failure to comply with federal accessibility standards, the Plaintiff was and has been unable to enjoy equal and complete access to Defendants' place of public accommodation, says the suit. 260 Elizabeth Street Owner LLC is the owner of the property located in the City of New York.[BN] The Plaintiff is represented by: Jessica E. Soultanian-Braunstein, Esq. BELL LAW GROUP, PLLC 116 Jackson Avenue Syosset, NY 11791 Telephone: (516) 280-3008 E-mail: JSB@BellLG.com 3M COMPANY: Dendy Sues Over Exposure to Toxic Film-Forming Foams ---------------------------------------------------------------- Randy Allen Dendy, and other similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; 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 INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC., Case No. 2:24-cv-06221-RMG (D.S.C., Oct. 29, 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. TOG is personal protective equipment designed for heat and moisture resistance in order to protect firefighters in hazardous situations. Most turnout gear is made up of a thermal liner, moisture barrier, and an outer layer. The inner layers contain PFAS, and the outer layer is often treated with additional PFAS. 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 or TOG products were used by Plaintiff in their intended manner, without significant change in the products' condition. Plaintiff was unaware of the dangerous properties of Defendants' AFFF or TOG products and relied on Defendants' instructions as to the proper handling of the products. Plaintiff's consumption, inhalation and/or dermal absorption of PFAS from Defendants' AFFF or TOG 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 or TOG 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 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: Douglass A. Kreis, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 East Main Street, Suite 200 Pensacola, FL 32502 3M COMPANY: Maldonado Sues Over Exposure to Toxic Aqueous Foams --------------------------------------------------------------- Melvin Maldonado, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No. 2:24-cv-05069-RMG (D.S.C., Sept. 13, 2024), is brought for damages for personal injuries resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). 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. PFAS, known as "forever chemicals" because they resist biodegradation, persist in the environment, and accumulate in people and other living organisms, have contaminated the land, air, and water, through the use of AFFF containing PFAS for fire suppression activities. AFFF is a specialized substance designed to extinguish petroleum-based fires. Defendants' AFFF contained PFOS, PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS. 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 man-made compounds that are persistent, toxic, and bioaccumulative when released into the environment, and pose a significant risk to human health and safety. 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. Not knowing the true nature of the products consumers were required to use, PFAS, and/or AFFF containing PFAS has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. Through this action, Plaintiff seeks to recover compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages that the Court or jury may deem appropriate for bodily injury arising from the intentional, malicious, knowing, reckless and/or negligent acts and/or omissions of Defendants in connection with 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 during the Plaintiff's service in the United States Marine. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products.[BN] The Plaintiff is represented by: James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM 600 Brickell Avenue, 38th Floor Miami, FL 33131 Phone: (305) 375-0111 Email: jlf@ferrarolaw.com james@ferrarolaw.com 3M COMPANY: Miller Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- Mace Miller, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No. 2:24-cv-05068-RMG (D.S.C., Sept. 13, 2024), is brought for damages for personal injuries resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). 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. PFAS, known as "forever chemicals" because they resist biodegradation, persist in the environment, and accumulate in people and other living organisms, have contaminated the land, air, and water, through the use of AFFF containing PFAS for fire suppression activities. AFFF is a specialized substance designed to extinguish petroleum-based fires. Defendants' AFFF contained PFOS, PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS. 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 man-made compounds that are persistent, toxic, and bioaccumulative when released into the environment, and pose a significant risk to human health and safety. 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. Not knowing the true nature of the products consumers were required to use, PFAS, and/or AFFF containing PFAS has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. Through this action, Plaintiff seeks to recover compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages that the Court or jury may deem appropriate for bodily injury arising from the intentional, malicious, knowing, reckless and/or negligent acts and/or omissions of Defendants in connection with 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 during the Plaintiff's service in the United States Air Force. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products.[BN] The Plaintiff is represented by: James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM 600 Brickell Avenue, 38th Floor Miami, FL 33131 Phone: (305) 375-0111 Email: jlf@ferrarolaw.com james@ferrarolaw.com 3M COMPANY: Parish Sues Over Exposure to Toxic Film-Forming Foams ----------------------------------------------------------------- David Parish, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No. 2:24-cv-05058-RMG (D.S.C., Sept. 13, 2024), is brought for damages for personal injuries resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). 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. PFAS, known as "forever chemicals" because they resist biodegradation, persist in the environment, and accumulate in people and other living organisms, have contaminated the land, air, and water, through the use of AFFF containing PFAS for fire suppression activities. AFFF is a specialized substance designed to extinguish petroleum-based fires. Defendants' AFFF contained PFOS, PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS. 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 man-made compounds that are persistent, toxic, and bioaccumulative when released into the environment, and pose a significant risk to human health and safety. 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. Not knowing the true nature of the products consumers were required to use, PFAS, and/or AFFF containing PFAS has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. Through this action, Plaintiff seeks to recover compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages that the Court or jury may deem appropriate for bodily injury arising from the intentional, malicious, knowing, reckless and/or negligent acts and/or omissions of Defendants in connection with 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 during the Plaintiff's service in the United States Navy. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products.[BN] The Plaintiff is represented by: James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM 600 Brickell Avenue, 38th Floor Miami, FL 33131 Phone: (305) 375-0111 Email: jlf@ferrarolaw.com james@ferrarolaw.com 3M COMPANY: Roberts Sues Over Exposure to Toxic Aqueous Foams ------------------------------------------------------------- Randall Roberts, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No. 2:24-cv-05070-RMG (D.S.C., Sept. 13, 2024), is brought for damages for personal injuries resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). 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. PFAS, known as "forever chemicals" because they resist biodegradation, persist in the environment, and accumulate in people and other living organisms, have contaminated the land, air, and water, through the use of AFFF containing PFAS for fire suppression activities. AFFF is a specialized substance designed to extinguish petroleum-based fires. Defendants' AFFF contained PFOS, PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS. 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 man-made compounds that are persistent, toxic, and bioaccumulative when released into the environment, and pose a significant risk to human health and safety. 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. Not knowing the true nature of the products consumers were required to use, PFAS, and/or AFFF containing PFAS has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. Through this action, Plaintiff seeks to recover compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages that the Court or jury may deem appropriate for bodily injury arising from the intentional, malicious, knowing, reckless and/or negligent acts and/or omissions of Defendants in connection with 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 during the Plaintiff's service in the United States Air Force. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products.[BN] The Plaintiff is represented by: James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM 600 Brickell Avenue, 38th Floor Miami, FL 33131 Phone: (305) 375-0111 Email: jlf@ferrarolaw.com james@ferrarolaw.com 3M COMPANY: West Sues Over Exposure to Toxic Film-Forming Foams --------------------------------------------------------------- Ronnie West, and others similarly situated v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ANGUS FIRE ARMOUR CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER FIRE & SECURITY AMERICAS CORP., INC.; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD INC.; CHEMICALS, INC.; CLARIANT CORPORATION; CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DUPONT DE NEMOURS, INC. DYNAX CORPORATION; E. I. DUPONT DE NEMOURS AND COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PERIMETER SOLUTIONS, LP; RAYTHEON TECHNOLOGIES CORPORATION; ROYAL CHEMICAL COMPANY, LTD.; THE CHEMOURS COMPANY; THE CHEMOURS COMPANY FC, LLC; TYCO FIRE PRODUCTS, LP; and JOHN DOE DEFENDANTS 1-20, Case No. 2:24-cv-05093-RMG (D.S.C., Sept. 13, 2024), is brought for damages for personal injuries resulting from exposure to aqueous film-forming foams ("AFFF") containing the toxic chemicals collectively known as per and polyfluoroalkyl substances ("PFAS"). 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. PFAS, known as "forever chemicals" because they resist biodegradation, persist in the environment, and accumulate in people and other living organisms, have contaminated the land, air, and water, through the use of AFFF containing PFAS for fire suppression activities. AFFF is a specialized substance designed to extinguish petroleum-based fires. Defendants' AFFF contained PFOS, PFOA, PFBS, and/or the chemical precursors to PFOS and/or PFBS. 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 man-made compounds that are persistent, toxic, and bioaccumulative when released into the environment, and pose a significant risk to human health and safety. 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. Not knowing the true nature of the products consumers were required to use, PFAS, and/or AFFF containing PFAS has been used for decades by military and civilian firefighters to extinguish fires in training and in response to Class B fires. Through this action, Plaintiff seeks to recover compensatory and punitive damages, costs incurred and to be incurred by Plaintiff, and any other damages that the Court or jury may deem appropriate for bodily injury arising from the intentional, malicious, knowing, reckless and/or negligent acts and/or omissions of Defendants in connection with 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 during the Plaintiff's service in the United States Air Force. The Defendants are designers, marketers, developers, manufacturers, distributors, releasers, instructors, promotors and sellers of PFAS containing AFFF products.[BN] The Plaintiff is represented by: James L. Ferraro, Jr., Esq. THE FERRARO LAW FIRM 600 Brickell Avenue, 38th Floor Miami, FL 33131 Phone: (305) 375-0111 Email: jlf@ferrarolaw.com james@ferrarolaw.com ABINE INC: Espinal Sues Over Blind-Inaccessible Website ------------------------------------------------------- Frangie Espinal, Individually and as the representative of a class of similarly situated persons v. ABINE, INC., Case No. 1:24-cv-08275 (S.D.N.Y., Oct. 30, 2024), is brought this civil rights action against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered thereby, is a violation of Plaintiff's rights under the Americans with Disabilities Act ("ADA"). Because Defendant's interactive website, https://joindeleteme.com, including all portions thereof or accessed thereon (collectively, the "Website" or "Defendant's Website"), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. 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. By failing 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 goods, content, and services--all benefits it affords nondisabled individuals--thereby increasing the sense of isolation and stigma among those persons that Title III was meant to redress, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen reading software to read website content using her computer. ABINE, INC., operates the JoinDeleteMe online retail store, as well as the JoinDeleteMe interactive Website and advertises, markets, and operates in the State of New York and throughout the United States.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: michael@gottlieb.legal jeffrey@gottlieb.legal dana@gottlieb.legal AGELESS SCIENCES: Crumwell Sues Over Blind-Inaccessible Website --------------------------------------------------------------- Denise Crumwell, Individually and as the representative of a class of similarly situated persons v. ENGELBERT STRAUSS, INC., Case No. 1:24-cv-08409 (S.D.N.Y., Nov. 4, 2024), is brought this civil rights action against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered thereby, is a violation of Plaintiff's rights under the Americans with Disabilities Act ("ADA"). Because Defendant's interactive website, https://us.strauss.com/, including all portions thereof or accessed thereon (collectively, the "Website" or "Defendant's Website"), is not equally accessible to blind and visually-impaired consumers, it violates the ADA. 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. By failing 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 goods, content, and services—all benefits it affords nondisabled individuals thereby increasing the sense of isolation and stigma among those persons that Title III was meant to redress, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen reading software to read website content using her computer. ENGELBERT STRAUSS, INC., operates the US Strauss online interactive Website and retail store across the United States.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Jeffrey M. Gottlieb, Esq. Dana L. Gottlieb, Esq. GOTTLIEB & ASSOCIATES 150 East 18th Street, Suite PHR New York, N.Y. 10003-2461 Phone: (212) 228-9795 Fax: (212) 982-6284 Email: michael@gottlieb.legal jeffrey@gottlieb.legal dana@gottlieb.legal AGILEONE SOLUTIONS: Hendrix Sues Over Failure to Pay Wages ---------------------------------------------------------- Jessica Hendrix, on behalf of herself and others similarly situated v. AGILEONE SOLUTIONS, LLC AND MICHAEL MORRIS, Case No. 5:24-cv-01141-PRW (D. Okla., Nov. 4, 2024), is brought against the Defendants for failure to pay minimum and overtime wages, in violation of the Fair Labor Standards Act ("FLSA"). The Plaintiffs and Defendant agreed that Plaintiff be paid an hourly wage of about a $25 per hour. For most weeks during the last two years of her employment, Plaintiff: worked hours for which she was not paid a minimum wage in violation of the FLSA; worked more than forty hours per week without being paid overtime compensation as required under the FLSA. For most of the weeks the Plaintiff worked for the Defendants, she worked more than forty hours per week but was not paid overtime as required by the FLSA. a direct result of the Defendants' conduct the Plaintiff has suffered, and continues to suffer, wage loss, says the complaint. The Plaintiff began employment with Defendants around September 20, 2021 and held the job title of Auditor. Agileone Solutions, LLC is a mortgage audit company responsible for ensuring that mortgage companies are in compliance with certain laws and regulations.[BN] The Plaintiff is represented by: Mark E. Hammons, Esq. Amber L. Hurst, Esq. HAMMONS, HURST & ASSOCIATES 325 Dean A. McGee Avenue Oklahoma City, OK 73102 Phone: (405) 235-6100 Facsimile: (405) 235-6111 Email: amber@hammonslaw.com AIRBNB INSURANCE: Bentley-Nehrhood Files Suit in W.D. Washington ---------------------------------------------------------------- A class action lawsuit has been filed against Airbnb Insurance Agency LLC. The case is styled as Gina Bentley-Nehrhood, Rami Amaro, individually and on behalf of all others similarly situated v. Airbnb Insurance Agency LLC, Generali Assicurazioni Generali SPA, Case No. 2:24-cv-01787 (W.D. Wash., Oct. 30, 2024). The nature of suit is stated as Other Fraud. Airbnb Insurance -- https://www.airbnb.com/ -- is licensed as an insurance agency.[BN] The Plaintiff is represented by: Wright A. Noel, Esq. CARSON & NOEL PLLC 20 Sixth Avenue Northeast Issaquah, WA 98027 Phone: (425) 395-7786 Email: wright@carsonnoel.com ALLY FINANCIAL: Faces Craig Class Suit in W.D. North Carolina ------------------------------------------------------------- A class action lawsuit has been filed against Ally Financial Inc., et al. The case is captioned as Jeffrey Craig, individually and on behalf of all others similarly situated v. Ally Financial Inc. et al., Case No. 3:24-cv-00862-KDB-DCK (W.D.N.C., Sept. 24, 2024). The case is assigned to the Hon. Judge Kenneth D. Bell. Ally is a bank holding company.[BN] The Plaintiff is represented by: Joel R. Rhine, Esq. RHINE LAW FIRM, PC 1612 Military Cutoff Rd, Suite 300 Wilmington, NC 28403 Telephone: (910) 772-9960 Facsimile: (910) 772-9062 E-mail: jrr@rhinelawfirm.com ALTON STEEL: Bick Sues Over Unpaid Overtime Compensation -------------------------------------------------------- Michael Bick, on behalf of himself and all others similarly situated v. ALTON STEEL, INC., an Illinois corporation, Case No. 1:24-cv-11187 (N.D. Ill., Oct. 30, 2024), is brought to recover unpaid overtime compensation, liquidated damages, attorney's fees, costs, and other relief as appropriate under the Fair Labor Standards Act ("FLSA"). The Plaintiff's most recent base hourly rate of pay was $20.96. In addition to the base rate of pay, Defendant incorporated various types of routine and non-discretionary pay into its payment structure. For example, Defendant promised its hourly employees shift differential pay, bonuses, and other forms of remuneration. Throughout Plaintiff's employment with Defendant, he occasionally earned a shift differential and/or bonus. As non-exempt employees, Defendant's hourly employees were entitled to full compensation for all overtime hours worked at a rate of 1.5 times their "regular rate" of pay. The Plaintiff and those similarly situated regularly worked in excess of 40 hours a week, and were paid some overtime for those hours, but at a rate that did not include Defendant's shift differentials or bonuses as required by the FLSA, says the complaint. The Plaintiff worked for Defendant from approximately August 2007 through January 2024 as a non-exempt, hourly employee. Alton Steel, Inc. is a steel manufacturer that melts and rolls steel.[BN] The Plaintiff is represented by: Jesse L. Young, Esq. SOMMERS SCHWARTZ, P.C. 141 E. Michigan Avenue, Suite 600 Kalamazoo, MI 49007 Phone: (269) 250-7500 Email: jyoung@sommerspc.com - and - Kevin J. Stoops, Esq. SOMMERS SCHWARTZ, P.C. One Towne Square, 17th Floor Southfield, MI 48076 Phone: (248) 355-0300 Email: kstoops@sommerspc.com - and - Jonathan Melmed, Esq. Laura Supanich, Esq. MELMED LAW GROUP, P.C. 1801 Century Park East, Suite 850 Los Angeles, CA 90067 Phone: (310) 824-3828 Email: jm@melmedlaw.com lms@melmedlaw.com AMAZON WEB: Summary Judgment on Plaintiffs' Surviving Claim Granted ------------------------------------------------------------------- In the class action lawsuit captioned as CHRISTINE MCGOVERAN, et al., individually and on behalf of all others similarly situated, known and unknown, v. AMAZON WEB SERVICES, INC., Case No. 1:20-cv-01399-SB (D. Del.), the Hon. Judge Bibas entered an order granting Amazon summary judgment on plaintiffs' surviving claim. -- The Plaintiffs sued Amazon Web Services, alleging that it violated Illinois' Biometric Information Privacy Act. D.I. 1, 47. They brought four counts, but the Court dismissed three of them without prejudice. Plaintiffs amended their complaint, realleging all four claims. -- Three of these claims require no new analysis. Counts I and III charged Amazon with violating Sections 15(a) and (c) of the Act. I had dismissed those claims for lack of standing, and plaintiffs have neither challenged that ruling nor shown new evidence of standing. Because the Court does not have jurisdiction over these claims, the Court dismiss them. Amazon Web provides on-demand cloud computing platforms and APIs to individuals, companies, and governments, on a metered, pay-as-you-go basis. A copy of the Court's memorandum opinion dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=qzwmJ1 at no extra charge.[CC] The Plaintiffs are represented by: Alexander L. Braitberg, Esq. Andrew D. Schlichter, Esq. Joel Rohlf, Esq. Nathan D. Stump Peter Cosgrove SCHLICHTER BOGARD LLP St. Louis, MO - and - David T. Crumplar, Esq. JACOBS & CRUMPLAR, P.A. Wilmington, DE The Defendant is represented by: Jody C. Barillare, Esq. Ari M. Selman, Esq. Elizabeth Herrington, Esq. Jordan McCrary, Esq. Raechel K. Kummer, Esq. MORGAN LEWIS & BOCKIUS LLP Wilmington, DE AMERICAN MODULAR: Fails to Pay Proper Wages, Rodriguez Alleges -------------------------------------------------------------- GASPAR RODRIGUEZ, individually and on behalf of all others similarly situated, Plaintiff v. AMERICAN MODULAR SYSTEMS, INC., Defendant, Case No. 2:24-at-01392 (E.D. Cal., Oct. 31, 2024) is an action against the Defendants for failure to pay minimum wages, overtime compensation, authorize and permit meal and rest periods, provide accurate wage statements, and reimburse necessary business expenses. Plaintiff Rodriguez was employed by the Defendant as a laborer. American Modular Systems, Inc (AMS) manufactures mobile homes. The Company builds one-two story buildings, schools, and classrooms. [BN] The Plaintiff is represented by: Stan S. Mallison, Esq. Hector R. Martinez, Esq. Dan Keller, Esq. MALLISON & MARTINEZ 1939 Harrison Street, Suite 730 Oakland, CA 94549 Telephone: (510) 832-9999 Facsimile: )510) 832-1101 Email: StanM@TheMMLawFirm.com HectorM@TheMMLawFirm.com DKeller@TheMMLawFirm.com APPLE INC: Class Settlement Deal in Tabak Suit Gets Final Nod ------------------------------------------------------------- In the class action lawsuit captioned as LISA TABAK, et al., v. APPLE, INC., Case No. 4:19-cv-02455-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered an order: 1. For the reasons set forth in its Nov. 21, 2023, order, the Court confirms certification of the Class for settlement purposes only. 2. The Court grants final approval of the proposed Settlement Agreement and plan of allocation. 3. The Court awards Class Counsel $8,750,000 in attorney's fees. The Court will withhold ten precent of the awarded attorney's fees until a post-distribution accounting has been filed. A post-distribution accounting must be filed within 21 days after the distribution of Settlement Funds. 4. The Court grants an incentive award of $3,000 to each of the named Plaintiffs. 5. Class Members who asked to opt out of the Settlement are excluded from the Class. 6. The Court retains continuing jurisdiction over this Settlement solely for the purposes of enforcing this agreement, addressing settlement administration matters, and addressing such post- judgment as may be appropriate under Court rules and applicable law. 7. This matter is set for a further case management conference on April 8, 2025. An updated joint case management statement is due April 7, 2025. The Plaintiffs brought this class action against Defendant Apple for an alleged audio defect in the iPhone 7 and iPhone 7 Plus. The proposed Settlement Agreement resolves the claims between Defendants and the Settlement Class, defined as follows: "Individual persons who are United States residents and who own or owned an Apple iPhone 7 or 7 Plus and reported to Apple in the United States Covered Issues, including but not limited to those who paid Apple out of pocket for repairs or replacements for Covered Issues as reflected in Apple's records." The Settlement Class excludes Apple; any entity in which Apple has a controlling interest; Apple's directors, officers, and employees; Apple's legal representatives, successors, and assigns. Also excluded from the Settlement Class are all judicial officers assigned to this case as well as their staff and immediate families. The Class Period shall be September 16, 2016, to January 3, 2023. "Covered Issues" are defined as "issues reported to Apple regarding the iPhone 7 and iPhone 7 Plus reflected in Apple's records as Sound-Speaker, SoundMicrophone, Sound–Receiver, Unexpected Restart/ Shutdown, or Power on – Device Unresponsive.” Id. ¶ 6. Under the Settlement, Apple agreed to pay $35 million into the Settlement Fund. Apple is an American multinational corporation and technology company. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=SxcV0k at no extra charge.[CC] ARIA COMMUNITY: Ayon Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against ARIA COMMUNITY HEALTH CENTER, et al. The case is styled as Jajaira Ayon, an individual and on behalf of all others similarly situated v. ARIA COMMUNITY HEALTH CENTER, Case No. 24CU0440 (Cal. Super. Ct., Kings Cty., Oct. 30, 2024). The case type is stated as "Civil Unlimited." Aria Community Health Center -- https://ariachc.org/ -- is a non-profit, federally qualified and licenced primary care clinic.[BN] The Plaintiff is represented by: David D. Bibiyan, Esq. BIBIYAN LAW GROUP, P.C. 1460 Westwood Blvd., Ste. 300 Los Angeles, CA 90024-4937 Phone: 310-438-5555 Fax: 310-300-1705 Email: david@tomorrowlaw.com - and - Paal Bakstad, Esq. BIBIYAN LAW GROUP, P.C. 8484 Wilshire Blvd Ste 500 Beverly Hills, CA 90211-3243 Phone: 310-438-5555 Fax: 310-300-1705 ASHLYNN MARKETING: D.F. Sues Over False and Misleading Products --------------------------------------------------------------- D.F., individually on behalf of himself and on behalf of all others similarly situated v. ASHLYNN MARKETING GROUP, INC., doing business as KRAVE KRATOM, and DOES 1-50, inclusive, Case 7:24-cv-08388 (S.D.N.Y., Nov. 4, 2024), is brought against Defendant for its false, misleading, deceptive, and negligent sales practices regarding its kratom powder, capsule, and liquid extract products (collectively, the "Products") in violation of: New York Consumer Protection from Deceptive Acts and Practices Act (the "NYDAPA"); New York False Advertising Act (the "NYFAA"); breach of implied warranty; unjust enrichment; and fraud by omission. Kratom is both a plant and a drug. The plaint originates from Southeast Asia where its leaves have long been ingested to produce stimulant and opiate-like effects. Use of kratom in the United States was practically non-existent until the last decade. Since then, kratom has become a massively popular substance in the United States. This is because it is currently legal to consume, and because of the stimulant and opiate-like effects produced by its two major alkaloids 7-Hydroxymitragynine ("7-OH") and Mitragynine ("MG"). However, what consumers do not know is that the opiate-like effects produced by MG and 7-OH are not the result of novel chemical interactions in the brain. Rather, these alkaloids are behaving, in part, exactly like opioids. That is, the MG and 7-OH found in the kratom plant activates the same opioid receptors in the human brain as morphine, heroin, and other opiates. Consequently, kratom consumption has the same risks of addiction, dependency, and painful withdrawal symptoms, among various other negative side effects. The Defendant has intentionally failed to disclose these material facts regarding the dangers of kratom consumption anywhere on its Products' labeling, packaging, or marketing material. As a result, Defendant has violated warranty law and state consumer protection laws. The Defendant relies on its Products' vague packaging and consumers' limited knowledge of kratom to get unsuspecting people addicted to its Products and reap substantial profits from these addictions. Defendant relies on this ignorance and does nothing to correct it. Such activity is outrageous and is contrary to New York law and public policy, says the complaint. The Plaintiff purchased Krave Products from the 202 Mobil gas station in Peekskill, New York. Krave owns and operates the Krave website, www.kravekratom.com, and also advertises, markets, distributes, and sells its Krave Products in New York and throughout the United States.[BN] The Plaintiff is represented by: Gary F. Lynch, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Fax: (412) 231-0246 Email: gary@lcllp.com - and - Todd D. Carpenter, Esq. Scott G. Braden, Esq. LYNCH CARPENTER, LLP 1234 Camino del Mar Del Mar, CA 92014 Phone: 619-762-1910 Fax: 858-313-1850 Email: todd@lcllp.com scott@lcllp.com ASSOCIATE MECHANICAL: Frey FLSA Suit Removed to S.D. California --------------------------------------------------------------- The case styled as Mark Frey, an individual, on behalf of himself and on behalf of all persons similarly situated v. Associate Mechanical Contractors Inc., Does 1 through 50, inclusive, Case No. 24CU011410C was removed from the Superior Court of California, County of San Diego, to the U.S. District Court for the Southern District of California on Oct. 29, 2024. The District Court Clerk assigned Case No. 3:24-cv-02028-GPC-MMP to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Associate Mechanical Contractors Inc. (AMC) -- https://amechinc.com/ -- is a trusted resource for all commercial Mechanical Contractor needs focusing on complex and technical projects servicing Southern California.[BN] The Plaintiffs are represented by: Aparajit Bhowmik, Esq. Kyle R. Nordrehaug, Esq. Nicholas James De Blouw, Esq. Norman B. Blumenthal, Esq. Victoria Bree Rivapalacio, Esq. BLUMENTHAL NORDREHAUG & BHOWMIK 2255 Calle Clara La Jolla, CA 92037 Phone: (858) 551-1223 Fax: (858) 551-1232 Email: aj@bamlawca.com kyle@bamlawlj.com DeBlouw@bamlawca.com victoria@bamlawca.com The Defendants are represented by: Ben P. Carney, Esq. Christopher Conti, Esq. Madeleine M. Nadeau, Esq. FISHER & PHILLIPS LLP 4747 Executive Drive, Suite 1000 San Diego, CA 92121 Phone: (858) 597-9600 Fax: (858) 597-9601 Email: bcarney@fisherphillips.com cconti@fisherphillips.com mnadeau@fisherphillips.com B & Z LLC: Arzu Sues Over Failure to Pay Overtime Wages ------------------------------------------------------- Gerson Arzu, and Leonardo Cruz, individually and on behalf of those similarly situated v. B & Z, LLC, BLADIMIR BALDELAMAR, and FRANCISCO ZAMBRANO, JR., Case No. 2:24-cv-02555-CJB-JVM (E.D. La., Oct. 25, 2024), is brought alleging the violation of rights under the Fair Labor Standards Act (hereafter "FLSA") as a result of the Defendant's failure to pay overtime wages. The Plaintiffs and those employees similarly situated, were not paid overtime for any hours worked in excess of 40. The Plaintiffs and all Putative Class members were non-exempt employees of Defendants and were owed one and one-half times the regular rate for all hours worked over forty in a workweek. The Defendants operate with a purposeful and intentional practice of refusing to pay overtime wages to employees. The Defendants' nonpayment of overtime was and is knowing, willful, reckless, and not based in a good faith belief that their conduct was in accordance with the law, says the complaint. The Plaintiffs were employed by the Defendants. B & Z, LLC is a Louisiana limited liability company.[BN] The Plaintiffs are represented by: Kenneth C. Bordes, Esq. KENNETH C. BORDES, ATTORNEY AT LAW, LLC 4224 Canal St. New Orleans, LA 70119 Phone: 504-588-2700 Fax: 504-708-1717 Email: kcb@kennethbordes.com BAXALTA US INC: Duncan Suit Removed to C.D. California ------------------------------------------------------ The case styled as Monika Duncan, an individual and on behalf of all others similarly situated v. BAXALTA US INC., a Delaware Corporation; RON GRAVE, an individual; and DOES 1 through 100, inclusive, Case No. 24STCV25058 was removed from the Superior Court of the State of California for the County of Los Angeles, to the United States District Court for the Central District of California, on Oct. 30, 2024, and assigned Case No. 2:24-cv-09388. In this action, Plaintiff's Complaint asserts ten causes of action for: "Failure to Pay Overtime Wages"; "Failure to Pay Minimum Wages"; Failure to Provide Meal Periods"; "Failure to Provide Rest Periods"; "Failure to Pay All Wages Due Upon Termination"; "Failure to Provide Accurate Wage Statements"; "Failure to Timely Pay Wages During Employment"; "Violation of Labor Codes"; and "Unfair Competition."[BN] The Defendants are represented by: Timothy L. Hix, Esq. SEYFARTH SHAW LLP 601 South Figueroa Street, Suite 3300 Los Angeles, CA 90017-5793 Phone: (213) 270-9600 Facsimile: (213) 270-9601 Email: thix@seyfarth.com - and - Bailey K. Bifoss, Esq. SEYFARTH SHAW LLP 560 Mission Street, 31st Floor San Francisco, CA 94105 Phone: (415) 397-2823 Facsimile: (415) 397-8549 Email: bbifoss@seyfarth.com - and - Heather E. Horn, Esq. SEYFARTH SHAW LLP 2029 Century Park East, Suite 3500 Los Angeles, CA 90067-3021 Phone: (310) 277-7200 Facsimile: (310) 201-5219 Email: hhorn@seyfarth.com BEAR'S FRUIT: Locke Files Suit in E.D. New York ----------------------------------------------- A class action lawsuit has been filed against Bear's Fruit, LLC. The case is styled as Ian Locke, individually and on behalf of all others similarly situated v. Bear's Fruit, LLC, Case No. 1:24-cv-07564-NCM-CLP (E.D.N.Y., Oct. 29, 2024). The nature of suit is stated as Fraud or Truth-In-Lending. Bear's Fruit -- https://www.bearsfruit.com/ -- is the only certified Organic & Fair Trade kombucha in the U.S.[BN] The Plaintiff is represented by: Stacey Anne Van Malden, Esq. STACEY VAN MALDEN 5114 Post Road Bronx, NY 10471 Phone: (718) 601-2652 Fax: (212) 966-0588 Email: staceyl11@optonline.net BERBER FOOD: Faces Espino Employment Class Suit in Cal. Super. -------------------------------------------------------------- A class action lawsuit has been filed against BERBER FOOD MANUFACTURING, LLC, A LIMITED LIABILITY COMPANY, et al. The case is captioned as ENRIQUETA GONZALEZ ESPINO, individually and on behalf of all others similarly situated v. BERBER FOOD MANUFACTURING, LLC, A LIMITED LIABILITY COMPANY, et al., Case No. 24CV019140 (Cal. Super., Sept. 24, 2024). The nature of suit states Other Employment Complaint Case. The case is assigned to the Hon. Judge Jill H. Talley. Berber is a food production company that produces tortillas, organic stone-ground corn, and organic flour.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON LAW GROUP, PC 25 S Figueroa St suite 3100 Los Angeles, CA 90017 Telephone: (213) 320-0519 BK WINE DEPOT: Pollitt Sues Over Blind-Inaccessible Website ----------------------------------------------------------- Derek Pollitt, on behalf of herself and all others similarly situated v. Bk Wine Depot Corp., Case No. 1:24-cv-07540 (S.D.N.Y., Oct. 29, 2024), is brought against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Self Edge provides to their non-disabled customers through https://www.bkwinedepot.com (hereinafter "Bkwinedepot.com" or "the website"). The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under the Americans with Disabilities Act (the "ADA"). Because Defendant's website, Bkwinedepot.com, is not equally accessible to blind and visually-impaired consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in We Catch Em's policies, practices, and procedures to 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, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. Bk Wine Depot provides to the public a website known as Bkwinedepot.com which provides consumers with access to an array of wines and spirits which Defendant offers in connection with their physical location.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: +1 347-941-471 Email: Glevyfirm@gmail.com BOSTON CHILDREN'S: Young Files Suit Over Data Breach ---------------------------------------------------- DIANE YOUNG, as parent and guardian of Q.Y., a minor, Plaintiff v. BOSTON CHILDREN'S HEALTH PHYSICIANS, LLP, Defendant, Case No. 7:24-cv-08132 (S.D.N.Y., October 25, 2024) is a class action arising from a recent cyberattack and data breach resulting from the Defendant's failure to implement reasonable and industry-standard data security practices to protect its patients' personal identifying information(PII), including personal health information(PHI). In September 2024, criminal ransomware group BianLian accessed, and reportedly exfiltrated, files including information about current and former patients, employees, and guarantors. The data breach resulted in the exposure and theft of, at a minimum, patients' names, Social Security numbers, addresses, dates of birth, driver's license numbers, medical record numbers, health insurance information, billing information, and treatment information. The complaint alleges the failure of BCHP to protect Plaintiff's and the Class Members' PII/PHI, which hackers targeted because of its value in exploiting and stealing Plaintiff's and the Class Members' identities. The Plaintiff and the Class Members now face a risk of boundless financial crimes; the hackers now have the means to open new financial accounts in their names', take out loans using their identities, use their information to obtain medical services or government benefits -- among other things, says the suit. The Plaintiff's minor child, Q.Y., receives treatment at BCHP. The Plaintiff is deeply concerned about the alleged data breach, as her minor child's PII/PHI may now be readily available for cybercriminals to sell, buy, or exchange on the dark web. Boston Children's Health Physicians, LLP is a multi-specialty healthcare provider focusing on pediatric patients located primarily in New York and Connecticut.[BN] The Plaintiff is represented by: Katherine M. Aizpuru, Esq. David W. Lawler, Esq. David McGee, Esq. TYCKO & ZAVAREEI LLP 2000 Pennsylvania Avenue, NW, Suite 1010 Washington, D.C. 20006 Telephone: (202) 973-0900 E-mail: kaizpuru@tzlegal.com dlawler@tzlegal.com dmcgee@tzlegal.com BOSTON CHILDRENS: Dickman Files Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Boston Childrens Health Physicians, LLP, et al. The case is styled as Stephanie Dickman, individually and on behalf of all others similarly situated v. Boston Childrens Health Physicians, LLP, The Childrens Hospital Corporation doing business as: Boston Childrens Hospital, Case No. 1:24-cv-00687-ADC (S.D.N.Y., Oct. 25, 2024). The nature of suit is state as Other P.I. for Personal Injury. Boston Children's Health Physicians (BCHP) -- https://bchp.childrenshospital.org/ -- is a large multi-specialty group with more than 300 clinicians.[BN] The Plaintiff is represented by: Nicholas A. Migliaccio, Esq. MIGLIACCIO LAW FIRM PLLC 438 16th Street SE Washington, DC 20003 Phone: (202) 470-3520 Fax: (202) 800-2730 Email: nmigliaccio@classlawdc.com BOTH INC: Dail Must Refile Second Amended Complaint by Nov. 29 -------------------------------------------------------------- In the class action lawsuit captioned as ADRIAN DAIL, et al., V. BOTH, INC., et al., Case No. 2:23-cv-00276-JKW-DEM (E.D. Va.), the Hon. Judge Douglas Millar granting Plaintiffs' motion for leave: The court orders Plaintiffs to refile their proposed Second Amended Complaint as a standalone docket entry. The court further orders Defendants to file any responsive pleadings to the Second Amended Complaint on or before Nov. 29, 2024. Plaintiffs' opposition to the Defendants' filing, if any, shall be governed by Local Rule 7. Following a lift of a previous stay on discovery, the parties’ counsel appeared by Zoom for a case management conference on October 30, 2024, as ordered by the Honorable Jamar K. Walker. The Plaintiffs filed their motion for class certification on Oct. 22, 2024. The court entered an order that Defendants to respond to the motion on or before November 15, 2024. The Plaintiffs shall reply on or before November 25,2024. Plaintiffs filed a motion for leave to file a second amended complaint on October 29, 2024. Both Inc. is a bank holding company owning or controlling one or more banks. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Jy3dSj at no extra charge.[CC] BULOVA WATCH: Faour Sues Over False and Deceptive Pricing --------------------------------------------------------- Moussa Faour, an individual, on behalf of himself and all others similarly situated v. BULOVA WATCH COMPANY, INC., Case No. 2:24-cv-09532 (C.D. Cal., Nov. 4, 2024), is brought against Defendant for its false and deceptive pricing practices in connection with its sale of watches on its website https://www.bulova.com/ ("Website"). The Defendant does so by advertising fake and inflated comparison reference prices to deceive customers into a false belief that the sale price is a deeply discounted bargain price. For example, anyone visiting the Website on a given day during a "20% off sitewide" sale who buys a watch "on sale" for $396 based on a crossed-out reference price of $495 is being misled. This is deception because that watch has rarely, if ever, been sold in the recent past on the Website or through other retailers for $495. The Defendant exacerbates this deception by regularly advertising that its purported sales are limited in time, where in reality the same or substantially similar "sales" are offered continuously or almost continuously. The false reference prices are not limited to Defendant's Website, but are also used with Defendant's retail partners. These retailers also rarely, if ever, sell Defendant's watches at the inflated reference prices. In other words, Defendant's advertised "sales" are not really sales at all. It is a misrepresentation that Defendant repeats over and over. The reference prices on Defendant's Website are fake. They are not original, regular, retail, or former prices. They are inflated prices posted to lure unsuspecting customers into jumping at a fictitious "bargain" and intended to mislead customers into believing that the value of the watch they are buying is higher than reality. That is, Defendant engages in this deceptive advertising and pricing scheme to give customers the false impression that they are getting a deal or bargain when in reality they are being swindled by fake sales and promotions. As a result, customers are deceived into spending money they otherwise would not have spent, purchasing items they otherwise would not have purchased, and/or spending more money for an item than they otherwise would have absent the deceptive marketing. By this action, Plaintiff seeks to put an immediate end to Defendant's untruthful marketing practices and recover restitution and damages on behalf of all persons who have fallen victim to Defendant's sham sales by purchasing products on Defendant's Website from June 2020, says the complaint. The Plaintiff purchased a Bulova Futuro watch, model number 98D144. Bulova markets itself as a luxury watch brand.[BN] The Plaintiff is represented by: Matthew C. Wolf, Esq. Lauren VanDenburg, Esq. TURNER HENNINGSEN WOLF & VANDENBURG, LLP 707 Wilshire Boulevard, Suite 3700 Los Angeles, ca 90017 Phone: 323-653-3900 Fax: 323-653-3021 Email: mwolf@thwvlaw.com; lvandenburg@thwvlaw.com CALERES INC: Cummings Personal Injury Suit Removed to E.D. Mo. -------------------------------------------------------------- The case styled MICHELLE CUMMINGS, individually and on behalf of all others similarly situated v. CALERES, INC., Case No. 24SL-CC03888, was removed from the Circuit Court of St. Louis County to the U.S. District Court for the Eastern District of Missouri on September 25, 2024. The Clerk of Court for the Eastern District of Missouri assigned Case No. 4:24-cv-01297-CDP to the proceeding. The Plaintiff brings a personal injury claims against the Defendant. Caleres Inc. is an American footwear company headquartered in Missouri. [BN] The Defendant is represented by: Eric D. Martin, Esq. NORTON ROSE LLP 7676 Forsyth Boulevard, Suite 2230 St. Louis, MO 63105 Telephone: (314) 505-8800 Email: eric.martin@nortonrosefulbright.com CEPHALON INC: Marshall Cty. Files Suit Over Opioid Epidemic Effects ------------------------------------------------------------------- Marshall County Board of Education and Wetzel County Board of Education, individually and on behalf of all others similarly situated, Plaintiffs v. Cephalon, Inc.; Teva Pharmaceuticals USA, Inc.; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutica, Inc.; Johnson & Johnson, Inc.; Noramco, Inc.; AbbVie, Inc.; Allergan plc, f/k/a Actavis plc; Allergan Finance, LLC, f/k/a Actavis, Inc., f/k/a Watson Pharmaceuticals, Inc.; Allergan Sales, LLC; Allergan USA, Inc.; Watson Laboratories, Inc.; Warner Chilcott Company, LLC; Actavis Pharma, Inc., f/k/a/ Watson Pharma, Inc.; Actavis South Atlantic LLC; Actavis Elizabeth LLC; Actavis Mid Atlantic LLC; Actavis Totowa LLC; Actavis LLC; Actavis Kadian LLC; Actavis Laboratories UT, Inc., f/k/a Watson Laboratories, Inc.-Salt Lake City; Actavis Laboratories FL, Inc., f/k/a Watson Laboratories, Inc.-Florida; Viatris, Inc., f/k/a Mylan N.V.; Sandoz, Inc.; KVK-Tech, Inc.; Amneal Pharmaceuticals, LLC; Amneal Pharmaceuticals, Inc.; Amneal Pharmaceuticals of New York, LLC; Indivior, Inc.; Hikma Pharmaceuticals USA, Inc.; VistaPharm, LLC; Alvogen, Inc.; Apotex Corp.; Sun Pharmaceutical Industries, Inc.; CVS Health Corporation; CVS Indiana LLC; CVS Rx Services, Inc.; CVS TN Distribution, LLC; CVS Pharmacy, Inc.; Walgreens Boots Alliance, Inc., a/k/a Walgreen Co.; Walgreen Eastern Co., Inc.; Walmart Inc., f/k/a Wal-Mart Stores, Inc.; Wal-Mart Stores East, LP; WSE Management, LLC; WSE Investment, LLC; Wal-Mart Stores East, Inc.; and The Kroger Co., Defendants, Case No. 5:24-cv-00207-JPB (N.D. W.Va., October 28, 2024) is a civil action against the Defendants on behalf of the Plaintiffs and other similarly situated public school boards in West Virginia to recoup monies they have spent because of Defendants' actions and inactions and to abate the effects of the opioid epidemic on West Virginia public schools caused by the Defendants. According to the complaint, the Defendants engaged in a civil conspiracy in their unlawful marketing and selling of opioids, and/or in their efforts to boost the sale of opioids in West Virginia and Plaintiffs' and the Class' school board communities. The Defendants agreed to increase the sales of opioids by unfair, deceptive, and unconscionable means, in violation of federal and West Virginia controlled-substances laws. The Defendants engaged in a civil conspiracy to commit fraud and misrepresentation in conjunction with their unlawful marketing and selling of opioids in Plaintiffs' and the Class' school board communities. The Defendants' conspiracy was the direct and proximate cause of Plaintiffs and the Class suffering damages including, but not limited to, significant expenses for special education programs for (a) students exposed to opioids in utero (NOWS), (b) students with emotional and behavioral damages resulting from living in households afflicted by opioids, and (c) students addicted to opioids themselves, for which Plaintiffs and the Class demand compensatory and punitive damages and all damages and relief allowed by law, the suit alleges. The Marshall County Board of Education, on behalf of Marshall County Schools, is an independent public school district in West Virginia. Cephalon, Inc. is a biopharmaceutical company that develops and markets medications for pain management, cancer, and nervous system disorders.[BN] The Plaintiffs are represented by: Benjamin L. Bailey, Esq. John W. Barrett, Esq. J. Lincoln Wolfe, Esq. BAILEY & GLASSER, LLP 209 Capitol Street Charleston, WV 25301 Telephone: (304) 345-6555 Facsimile: (304) 342-1110 E-mail: bbailey@baileyglasser.com jbarrett@baileyglasser.com lwolfe@baileyglasser.com - and - James F. Humphreys, Esq. JAMES F. HUMPHREYS & ASSOCIATES, L.C. 112 Capitol Street, 2nd Floor Charleston, WV 25301 Telephone: (304) 347-5050 E-mail: jhumphreys@jfhumprheys.com - and - Neil Henrichsen, Esq. HENRICHSEN LAW GROUP, PLLC 655 15th Street, N.W. Suite 800 Washington, DC 20005 Telephone: (202) 423-3649 E-mail: nhenrichsen@hslawyers.com - and - Cyrus Mehri, Esq. Joshua Karsh, Esq. MEHRI & SKALET, PLLC 2000 K Street NW, Suite 325 Washington, DC 20006 Telephone: (202) 822-5100 E-mail: cmehri@findjustice.com jkarsh@findjustice.com - and - Wayne Hogan, Esq. TERRELL HOGAN YEGELWEL, P.A. 233 East Bay Street, 8th Floor Jacksonville, FL 32202 Telephone: (904) 722-2228 E-mail: hogan@terrellhogan.com CHAPARRAL STREET: Fails to Pay Servers' Wages, Gonzalez Says ------------------------------------------------------------ HEATHER MARIE GONZALEZ, on half of herself and all others similarly situated, Plaintiff v. CHAPARRAL STREET LANDING, INC., d/b/a RAILROAD SEAFOOD & BREWERY, Defendant, Case No. 2:24-cv-00245 (S.D. Tex., October 28, 2024) alleges that the Defendant committed minimum wage violations under the Fair Labor Standards Act. The Defendant violated the federal law because it: (1) failed to provide Plaintiff and similarly situated with the statutorily required tip credit notice and (2) required Plaintiff and all others similarly situated to purchase uniforms items out of pocket, thus causing their hourly rate to fall below the applicable federal minimum wage. As a result, the Plaintiff and all similarly situated employees were denied federal minimum wages during various workweeks within the relevant time period, says the suit. The Plaintiff has worked for Defendant as a server at the Railroad Seafood & Brewery restaurant in Corpus Christi, Texas from January 2023 through current. Chaparral Street Landing, Inc. owns the Railroad Seafood & Brewery restaurant.[BN] The Plaintiff is represented by: Jordan Richards, Esq. Michael V. Miller, Esq. USA EMPLOYMENT LAWYERS - JORDAN RICHARDS, PLLC 1800 SE 10th Ave. Suite 205 Fort Lauderdale, FL 33316 Telephone: (954) 871-0050 E-mail: Jordan@jordanrichardspllc.com Michael@usaemploymentlawyers.com CLARKSON EYECARE: Divulges Personal Info to 3rd Party, Roberts Says ------------------------------------------------------------------- CHRISTY ROBERTS, individually and on behalf of all others similarly situated, Plaintiff v. CLARKSON EYECARE, LLC, Defendant, Case No. 2422-CC11211 (Mo. Cir. Ct., Saint Louis, September 25, 2024) is a class action against the Defendant for violation of Missouri's Merchandising Practices Act, negligence, invasion of privacy, unjust enrichment, and breach of implied contract. The case arises from the Defendant's failure to properly secure and to safeguard personally identifiable information and personal health information of its website visitors. According to the complaint, the Defendant uses tracking technologies to collect and divulge private information of website visitors to third parties without informed consent. As a result of the Defendant's illegal conduct, the Plaintiff and the Class were injured, says the suit. Clarkson Eyecare, LLC is a chain of medically based optometric facilities doing business in Missouri. [BN] The Plaintiff is represented by: Daniel J. Orlowsky, Esq. ORLOWSKY LAW, LLC 7777 Bonhomme Ave., Suite 1910 St. Louis, MO 63105 Telephone: (314) 725-5151 Facsimile: (314) 455-7375 Email: dan@orlowskylaw.com - and - Adam M. Goffstein, Esq. GOFFSTEIN LAW, LLC 7777 Bonhomme Ave., Suite 1910 St. Louis, MO 63105 Telephone: (314) 725-5151 Facsimile: (314) 455-7278 Email: adam@goffsteinlaw.com COINBASE GLOBAL: Continues to Defend Underwood Class Suit --------------------------------------------------------- Coinbase Global Inc. disclosed in its Form 10-Q 70020cxReport for the quarterly period ending September 30, 2024 filed with the Securities and Exchange Commission on October 30, 2024, that the Company continues to defend itself from the Underwood class suit in the United States District Court for the Southern District of New York. In October 2021, a purported class action captioned Underwood et al. v. Coinbase Global, Inc., was filed in the U.S. District Court for the Southern District of New York (the "District Court") against the Company alleging claims under Sections 5, 15(a)(1) and 29(b) of the Exchange Act, and violations of certain California and Florida state statutes. On March 11, 2022, plaintiffs filed an amended complaint adding Coinbase, Inc. and Brian Armstrong as defendants and adding causes of action, including alleging claims under Sections 5, 12(a)(1) and 15 of the Securities Act and violations of certain New Jersey state statutes. Among other relief requested, the plaintiffs sought injunctive relief, unspecified damages, attorneys' fees and costs. On February 1, 2023, the District Court dismissed all federal claims (with prejudice) and state law claims (without prejudice) against Coinbase Global, Inc., Coinbase, Inc. and Brian Armstrong. Subsequently, on February 9, 2023, the plaintiffs appealed that ruling to the U.S. Court of Appeals for the Second Circuit (the "Court of Appeals"), and the parties completed briefing the appeal on September 13, 2023. Oral argument took place on February 1, 2024 and on April 5, 2024, the Court of Appeals issued a Summary Order affirming the District Court's dismissal order with respect to the claims alleging violations of the Exchange Act, and reversing the District Court's dismissal order with respect to the claims alleging violations of the Securities Act and violations of the state statutes. On June 27, 2024, defendants filed an answer to the amended complaint, and on July 29, 2024, the defendants filed a Motion for Judgment on the Pleadings requesting the District Court dismiss the remaining claims. The defendants continue to dispute the claims in this case and intend to vigorously defend against them. Coinbase Global is an American publicly traded company that operates a cryptocurrency exchange platform. COLIBRI GROUP: Damrau Sues Over Unlawful Disclosure of Information ------------------------------------------------------------------ Tracey Damrau and Danielle Oshea, individually and on behalf of all others similarly situated v. COLIBRI GROUP, INC., Case No. 4:24-cv-01441 (E.D. Mo., Oct. 25, 2024), is brought to redress Defendant practices of selling, renting, transmitting, and/or otherwise disclosing, to various third parties, records containing the personal information (including names and addresses) of each of their customers, along with detailed information revealing the subscription to prerecorded video content or titles and subject matter of prerecorded video and other audiovisual materials requested or obtained by each customer in violation of the Video Privacy Protection Act ("VPPA"). Over the past two years, Defendant has systematically transmitted (and continues to transmit today) its customers' personally identifying video viewing information to third parties, such as Meta Platforms, Inc. and TikTok Inc. The programming code for Meta is called the "Meta Pixel," which Defendant chose to install on the websites of its portfolio of companies and brands, including but not limited to the www.elitelearning.com website, the www.homeceuconnection.com, the www.colibrirealestate.com website, the www.mckissock.com website, and the www.fhea.com website (the "Websites"). The programming code for TikTok is called the "TikTok Pixel," which Defendant chose to install on the Websites of its Colibri Group portfolio of companies and brands. The information Defendant disclosed (and continues to disclose) to TikTok via the TikTok Pixel includes the customer's cellular telephone number and the subscription to access prerecorded videos or the specific title of prerecorded videos that each of its customers purchased on any one of its Websites. Defendant disclosed and continues to disclose its customers' Private Viewing Information to Meta and TikTok without asking for, let alone obtaining, their consent to these practices. The VPPA clearly prohibits what Defendant has done. The VPPA provides that, absent the consumer's prior informed, written consent, any "video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for." The Plaintiffs bring this Class Action Complaint against Defendant for intentionally and unlawfully disclosing their and the Putative Class members' Private Viewing Information to Meta, says the complaint. The Plaintiffs are consumers of the video products and services offered on Defendant's websites. The Defendant is the parent company governing several companies and brands that collectively comprise the Colibri Group portfolio including Colibri Healthcare, LLC f/k/a Elite Professional Education LLC; Colibri Real Estate, LLC; McKissock, LLC, and Fitzgerald Health Education Associates, LLC.[BN] The Plaintiffs are represented by: Elliot O. Jackson, Esq. HEDIN LLP 1395 Brickell Ave., Suite 610 Miami, FL 33131-3302 Phone: (305) 357-2107 Facsimile: (305) 200-8801 Email: ejackson@hedinllp.com - and - Julie E. Holt, Esq. 1395 Brickell Ave., Suite 610 Miami, FL 33131-3302 Phone: (305) 357-2107 Facsimile: (305) 200-8801 Email: jholt@hedinllp.com COMCAST OTR1 LLC: Cacharron Suit Removed to M.D. Florida -------------------------------------------------------- The case styled as Manuel Cacharron, individually and on behalf of all others similarly situated v. Comcast OTR1, LLC, Sequium Asset Solutions, LLC, Case No. 2024-CA-003536 was removed from the 10th Judicial Circuit, to the U.S. District Court for the Middle District of Florida on Nov. 4, 2024. The District Court Clerk assigned Case No. 8:24-cv-02574 to the proceeding. The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Comcast Cable Communications, LLC provides communication services.[BN] The Plaintiff appears pro se. The Defendant is represented by: Sean G. Wieber, Esq. WINSTON & STRAWN/CHICAGO 35 West Wacker Drive Chicago, IL 60601 Phone: (312) 558-5769 Fax: (312) 558-5700 Email: swieber@winston.com COURREGES USA INC: Bunting Sues Over Blind-Inaccessible Website --------------------------------------------------------------- Rasheta Bunting, individually and as the representative of a class of similarly situated persons v. COURREGES USA INC., Case No. 1:24-cv-07454 (E.D.N.Y., Oct. 25, 2024), is brought against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Courreges provides to their non-disabled customers through http//:www.Courreges.com/us (hereinafter "Courreges.com/us" or "the website"). The Defendants' denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under the Americans with Disabilities Act (the "ADA"). Because the Defendant's website, Courreges.com/us, is not equally accessible to blind consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in Courreges' 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, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen reading software to read website content using her computer. Courreges provides to the public a website known as Courreges.com/us which provides consumers with access to a wide range of luxury fashion products including clothing, shoes, accessories, and jewelry which can be purchased on the Website with the click of a mouse, among other features.[BN] The Plaintiff is represented by: Dan Shaked, Esq. SHAKED LAW GROUP, P.C. 14 Harwood Court, Suite 415 Scarsdale, NY 10583 Phone: (917) 373-9128 Email: ShakedLawGroup@gmail.com CULINARY SERVICES: Lightner Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against CULINARY SERVICES OF AMERICA INC., et al. The case is styled as Raeniece Shavonne Lightner, an individual, on behalf of herself and others similarly situated v. CULINARY SERVICES OF AMERICA INC., Case No. 24STCV28531 (Cal. Super. Ct., Los Angeles Cty., Oct. 30, 2024). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." Culinary Services of America is a staffing firm specializing in the provision of temporary and permanent staff for the food service and hospitality sectors.[BN] The Plaintiff is represented by: Alvin B. Lindsay, Esq. D.LAW, INC. 450 N. Brand Blvd., Suite 840 Glendale, CA. 91203 Phone: 818-962-6465 Email: alvin@yeremianlaw.com DBZ ENTERPRISES: D.B. Sues Over False & Misleading Sales Practices ------------------------------------------------------------------ D.B., R.L., and R.S., individually on behalf of themselves and on behalf of all others similarly situated v. DBZ ENTERPRISES LLC, doing business as K-CHILL, and DOES 1-50, inclusive, Case No. 8:24-cv-02405 (C.D. Cal., Nov. 4, 2024), is brought against Defendant for false, misleading, deceptive, and negligent sales practices regarding its kratom powder, capsule, and liquid extract products (collectively, the "Products"). Kratom is both a plant and a drug in violations of California's Unfair Competition Law (the "UCL"); California's Consumer Legal Remedies Act (the "CLRA"); California's False Advertising Law (the "FAL"); Oregon's Unlawful Trade Practices Act (the "UTPA"); breach of implied warranty; unjust enrichment; and fraud by omission. Mitragynine ("MG") is an alkaloid (psychoactive chemical) found in the kratom plant (mitragyna speciosa). The plant originates from Southeast Asia where its leaves have long been ingested to produce stimulant and opiate-like effects. Use of kratom in the United States was practically non-existent until the last decade. Since then, kratom has become a massively popular substance in the United States. This is because it is currently legal to consume, and because of the stimulant and opiate-like effects produced by its major alkaloid: MG. However, what consumers do not know is that the opiate-like effects produced by MG are not the result of novel chemical interactions in the brain. Rather, this alkaloid is behaving, in part, exactly like opioids. That is, the MG found in the kratom plant activates the same opioid receptors in the human brain as morphine, heroin, and other opiates. Consequently, kratom consumption has the same risks of addiction, dependency, and painful withdrawal symptoms, among various other negative side effects. The Defendant has intentionally failed to disclose these material facts regarding the dangers of kratom consumption anywhere on its Products' labeling, packaging, or marketing material. As a result, Defendant has violated warranty law and state consumer protection laws. The Defendant relies on its Products' vague packaging and consumers' limited knowledge of kratom pharmacology to get unsuspecting users addicted to its Products and reaps substantial profits from these addictions. Defendant relies on this ignorance and does nothing to correct it. Such activity is outrageous and is contrary to California law and public policy, says the complaint. The Plaintiffs purchased the Defendant's product. The Defendant owns and operates the K-Chill website, https://www.k-chill.com, and also advertises, markets, distributes, and sells its K Chill Products in California, Oregon, and throughout the United States.[BN] The Plaintiff is represented by: Todd D. Carpenter, Esq. Scott G. Braden, Esq. LYNCH CARPENTER, LLP 1234 Camino del Mar Del Mar, CA 92014 Phone: 619-762-1910 Fax: 858-313-1850 Email: todd@lcllp.com scott@lcllp.com DOT TRANSPORTATION: Fact Discovery Amended to Sept. 21, 2025 ------------------------------------------------------------ In the class action lawsuit captioned as Watson v. DOT Transportation, Inc., et al., Case No. 2:21-cv-01303 (E.D. Cal., Filed July 23, 2021), the Hon. Judge Dena M. Coggins entered a modified scheduling order as follows: -- Fact discovery shall be completed by: Sept. 21, 2025 -- Expert disclosures shall be completed by: Sept. 22, 2025 -- Rebuttal expert disclosures shall be Oct. 22, 2025 completed by: -- Expert discovery shall be completed by: Nov. 22, 2025 -- All motions, except for motions for Dec. 19, 2025 continuances, temporary restraining orders or other emergency applications shall be filed no later than: The nature of suit states Labor Litigation.[CC] DR. SQUATCH: Napolitano Sues Over False and Misleading Labels ------------------------------------------------------------- Jaime Napolitano, individually and on behalf of all others similarly situated v. DR. SQUATCH LLC, Case No. 1:24-cv-07490-RML (E.D.N.Y., Oct. 26, 2024), is brought as a result of the Defendant's Products which contained false and misleading labels and marketing. The Defendant manufactures, distributes, packages, labels, and/or sells "Men's Natural Shampoo," and "Men's Natural Conditioner," described as "Sulfate & Paraben Free," in multiple varieties, based on several high-valued ingredients, in multiple varieties, such as "Pine Tar," promoted as containing "Shea Butter, Avocado Oil and Pine Tar," under the Dr. Squatch brand ("Products"). The Products are "misbranded" and misleading, because despite the labeling and marketing as "Men's Natural Shampoo" and "Men's Natural Conditioner," at least fifteen of the twenty-four ingredients are not "natural," as this term is understood by consumers. The Products are "misbranded" and misleading, because despite the labeling and marketing as "Men's Natural Shampoo" and "Men's Natural Conditioner," when water is excluded, its total volume is mainly non-natural ingredients. In the formulation of hair care products, surfactants, or cleaning agents, comprise roughly forty percent, second to water, present in an amount greater than the second and third surfactants of decyl glucoside and coco-glucoside. This means that, upon information and belief, and the investigation of Counsel, water, decyl glucoside, and coco-glucoside, comprise roughly eighty percent of the Products' volume, and such allegations are likely to have evidentiary support, following a reasonable opportunity for discovery. Excluding water, even if all ingredients, other than decyl glucoside, and coco-glucoside, were natural, which it is alleged they are not, the total volume attributed to synthetic ingredients would be greater than that for natural ingredients. As a result of the false and misleading representations, the Products are sold at a premium price, approximately $10.99 per bottle, higher than similar products, represented in a non-misleading way, and higher than similar products, represented in a non-misleading way, and higher than it would be sold for absent the misleading representations and omissions, when these factors are taken together, and/or utilized for the purpose of conjoint analysis, choice analysis, choice-based ranking, hedonic pricing, and/or other similar methods, to evaluate a product's attributes and/or features, says the complaint. The Plaintiff purchased the Products between September 2021 and September 2024. Dr. Squatch LLC is a Delaware limited liability company with a principal place of business in California.[BN] The Plaintiff is represented by: Spencer Sheehan, Esq. SHEEHAN & ASSOCIATES P.C. 60 Cuttermill Rd Ste 412 Great Neck NY 11021 Phone: (516) 268-7080 Fax (516) 234-7800 Email: spencer@spencersheehan.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Phone: (212) 243-0500 Email: mreese@reesellp.com ECONOMY PREFERRED: Settlement Prelim Approval Bid Withdrawn ----------------------------------------------------------- In the class action lawsuit captioned as Jesus Caballero, v. Economy Preferred Insurance Company, et al., Case No. CV-22-02023-PHX-MTL (D. Ariz.), the Hon. Judge Michael Liburdi entered an order withdrawing the pending motion for preliminary approval of class action settlement and certification of the Settlement Class. The Clerk of Court is ordered to consolidate case number CV-22-02023-MTL with CV-22-01820-MTL, CV-24-01270-MTL, and CV-24- 01267-MTL. The Clerk of the Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-02023-MTL as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in CV-22-02023-MTL. The Court finally ordered that a renewed Motion for Preliminary Approval of Class Action Settlement and Class Certification shall be filed no later than Wednesday, Nov. 20, 2024. Economy Preferred offers property and casualty insurance services. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ceMlFz at no extra charge.[CC] ECONOMY PREMIER: Wilhelm Settlement Prelim Approval Bid Withdrawn ----------------------------------------------------------------- In the class action lawsuit captioned as Wilhelm, v. Economy Premier Assurance Co., Case No. 2:24-cv-01270-MTL (D. Ariz.), the Hon. Judge Michael Liburdi entered an order withdrawing the pending motion for preliminary approval of class action settlement and certification of the Settlement Class. The Clerk of Court is ordered to consolidate case number CV-22-02023-MTL with CV-22-01820-MTL, CV-24-01270-MTL, and CV-24- 01267-MTL. The Clerk of the Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-02023-MTL as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in CV-22-02023-MTL. The Court finally ordered that a renewed Motion for Preliminary Approval of Class Action Settlement and Class Certification shall be filed no later than Wednesday, Nov. 20, 2024. Economy Premier Assurance Company offers property and casualty insurance services. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=NfAMDa at no extra charge.[CC] EPIC LANDSCAPE: Court Certifies Class of Landscape Workers ----------------------------------------------------------- In the class action lawsuit captioned as JOSE GONZALEZ GOMEZ ET AL., v. EPIC LANDSCAPE PRODUCTIONS, L.C.; JOHN CONSTANT; MARTY SILER; AND EPIC LANDSCAPE PRODUCTIONS, INC., Case No. 2:22-cv-02198-JAR (D. Kan.), the Hon. Judge Julie Robinson entered an order finally certifying the following collective: "All current and former lawn and landscape workers, who worked for the Defendants at any time from April 28, 2020 through April 27, 2023." For purposes of Plaintiffs' MMWL claims, the Court certifies the following class: "All employees (both H-2B and citizen) who worked for Defendants as hourly Laborers in Missouri from May 30, 2019 until July 4, 2021 and who did not receive overtime compensation after having worked more than 40 hours in a workweek." For purposes of Plaintiffs' breach of contract claims, the Court certifies the following class: "All H-2B employees who worked for Defendants as hourly Laborers anytime from May 30, 2017 until July 4, 2021 and who did not receive overtime compensation after having worked more than 40 hours in a workweek." For purposes of Plaintiffs' third-party beneficiary claims or, alternatively, unjust enrichment claims, the Court certifies the following class: "All citizen (non-H-2B) employees who worked for Defendants as hourly Laborers from May 30, 2017 until July 4, 2021 and who did not receive overtime compensation after having worked more than 40 hours in a workweek." The Court appoints Leonel Quinones Vargas as Class Representative for the class asserting MMWL claims and for the class asserting breach of contract claims. The Court appoints Jose Gonzalez Gomez as Class Representative for the class asserting third-party beneficiary claims or, alternatively, unjust enrichment claims. Pursuant to Federal Rule of Civil Procedure 23(g), the Court appoints the Hodgson Law Firm LLC and Bertram & Graf, LLC as Class Counsel. Rule 23(c)(2)(B) provides that for classes certified under Rule 23(b)(3), the Court must direct notice to the class members. Plaintiffs have not proposed any form or manner of notice under this rule; thus, the Court defers its direction of notice to the certified classes. Plaintiffs shall submit to the Court a proposed plan for notice to the class members pursuant to Rule 23(c)(2)(B) on or before Monday, Nov. 18, 2024. Epic Landscape specializes in designing and building creative, functional, and fabulous landscapes. A copy of the Court's order dated Oct. 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=oqkU07 at no extra charge.[CC] EQUIFAX INFORMATION: Snyder Files FCRA Suit in E.D. Virginia ------------------------------------------------------------ A class action lawsuit has been filed against Equifax Information Services, LLC. The case is styled as Sarah Snyder, Barbara Logan, David Conoly, and all others similarly situated v. Equifax Information Services, LLC, Case No. 3:24-cv-00757 (E.D. Va., Oct. 29, 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: Leonard Anthony Bennett, Esq. CONSUMER LITIGATION ASSOCIATES 763 J Clyde Morris Boulevard, Suite 1A Newport News, VA 23601 Phone: (757) 930-3660 Fax: (757) 930-3662 Email: lenbennett@clalegal.com ESUPPLEMENTS LLC: Plaintiffs Must Serve Class Cert by July 25, 2025 ------------------------------------------------------------------- In the class action lawsuit captioned as Dalit Cohen, Anastasia Kurtz, Tina Scott, and Paige Vasseur, on behalf of themselves and all others similarly situated, v. eSupplements, LLC (d/b/a Nutricost), Case No. 2:23-cv-06387-NJC-AY (E.D.N.Y.), the Hon. Judge Nusrat Choudhury entered an order that Plaintiffs shall serve on Defendant any motion for class certification pursuant to Rule 23, Fed. R. Civ. P. by July 25, 2025. The Court further entered an order that: -- The Defendant shall serve on Plaintiffs any opposition to the motion for class certification by Sept. 26, 2025 -- The Plaintiffs' reply, if any, shall be served on Defendant by Nov. 14, 2025. -- The parties must consult and comply with the Court's individual rules concerning the provision of any courtesy copy to chambers after the motion is fully briefed. -- The parties are also reminded that the Court's individual rules include a bundling practice, pursuant to which parties are asked to refrain from filing certain motions and responsive briefing until the motion has been fully briefed by all parties. eSupplements specializes in producing and marketing high-quality vitamins and health supplements. e A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=PC6poX at no extra charge.[CC] EVERBANK FINANCIAL: Haviland Sues Over Unlawful Collection of Data ------------------------------------------------------------------ Elizabeth Haviland, individually and on behalf of all others similarly situated v. EVERBANK FINANCIAL CORP, a Florida corporation; and DOES 1 through 25, inclusive, Case No. 2:24-cv-03057-DJC-JDP (E.D. Cal., Nov. 4, 2024), is brought against the Defendants' unlawful collection of data in Violations of the California Trap and Trace Law. The Defendant has installed on its Website software created by TikTok in order to identify website visitors (the "TikTok Software"). The TikTok Software acts via a process known as "fingerprinting." Put simply, the TikTok Software collects as much data as it can about an otherwise anonymous visitor to the Website and matches it with existing data TikTok has acquired and accumulated about hundreds of millions of Americans. The TikTok Software gathers device and browser information, geographic information, referral tracking, and url tracking by running code or "scripts" on the Website to send user details to TikTok. The TikTok Software begins to collect information the moment a user lands on the Website. Thus, even though the Website has a "cookie banner" the information has already been sent to TikTok regarding the user's visit. The Defendant did not obtain Class Members' express or implied consent to be subjected to data sharing with TikTok for the purposes of fingerprinting and de-anonymization. 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, says the complaint. The Plaintiff visited the Website on February 4, 2024. Everbank Financial Corp is Massachusetts corporation that owns, operates, and/or controls www.tiaa.org, an online platform that offers retirement income, planning, and investing services.[BN] The Plaintiff is represented by: Robert Tauler, Esq. Narain Kumar, Esq. TAULER SMITH LLP 626 Wilshire Boulevard, Suite 550 Los Angeles, CA 90017 Phone: (213) 927-9270 Email: robert@taulersmith.com nkumar@taulersmith.com EVOLVE BANK & TRUST: Bynoe Suit Transferred to W.D. Tennessee ------------------------------------------------------------- The case captioned as Chana Bynoe, Edward Nantz, Adam White, on behalf of themselves and all others similarly situated v. Evolve Bank & Trust, Case No. 3:24-cv-01208 was transferred from the U.S. District Court for the Middle District of Tennessee, to the U.S. District Court for the Western District of Tennessee on Nov. 4, 2024. The District Court Clerk assigned Case No. 2:24-cv-02850-SHL-cgc to the proceeding. The nature of suit is stated as Other Contract. Evolve Bank & Trust -- https://www.getevolved.com/ -- is a best-in-class technology-focused financial services organization and Banking-as-a-Service ("BaaS") provider.[BN] The Plaintiff is represented by: Bryan Aylstock, Esq. D. Nicole Guntner, Esq. AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC 17 E. Main Street, Ste. 200 Pensacola, FL 32502 Phone: (850) 202-1010 Email: baylstock@awkolaw.com nguntner@awkolaw.com - and - Kiley L. Grombacher, Esq. MARLIN & SALTZMAN, LLP 29800 Agoura Road, Suite 210 Agoura Hills, CA 91301 Phone: (818) 991-8080 Fax: (818) 991-8081 Email: kgrombacher@marlinsaltzman.com The Defendant is represented by: Andrew B. Schrack, Esq. BUTLER SNOW LLP 6075 Poplar Ave., Suite 500 Memphis, TN 38119 Phone: (901) 680-7353 Email: andrew.schrack@butlersnow.com - and - Daniel W. Van Horn, Esq. BUTLER SNOW LLP Crescent Center 6075 Poplar Avenue, 5th Floor Memphis, TN 38119 Phone: (901) 680-7331 Fax: (901) 680-7201 Email: danny.vanhorn@butlersnow.com EXP REALTY: Class Cert Bid Deadline Extended to June 26, 2025 ------------------------------------------------------------- In the class action lawsuit captioned as KELLY USANOVIC, individually, and on behalf of all others similarly situated, v. EXP REALTY, LLC, a Washington limited liability company, Case No. 2:23-cv-00687-JLR (W.D. Wash.), the Hon. Judge James Robart entered an order granting the Parties' stipulated motion to extend scheduling order deadlines as follows: Current Modified Schedule Schedule Deadline for Disclosure of Expert Aug. 13, 2024 Complete Reports: Deadline for Disclosure of Sept. 9, 2024 Complete Rebuttal Reports: Close of Discovery: Nov. 11, 2024 May 12, 2025 Class Certification Motion Dec. 11, 2024 June 26, 2025 Deadline: Class Certification Opposition Jan. 15, 2025 July 28, 2025 Deadline: Class Certification Reply Feb. 5, 2025 Aug. 27, 2025 Deadline: eXp is a real estate brokerage company. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4n1uYg at no extra charge.[CC] EXP REALTY: Whitfield Files TCPA Suit in C.D. California -------------------------------------------------------- A class action lawsuit has been filed against EXP Realty of California, Inc. The case is styled as Tamora Whitfield, individually and on behalf of all others similarly situated v. EXP Realty of California, Inc., Case No. 2:24-cv-09312 (C.D. Cal., Oct. 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. EXP Realty of California, Inc. -- https://www.exprealty.com/ -- is a largest residential real estate brokerage in North America.[BN] The Plaintiff is represented by: Todd M. Friedman, Esq. LAW OFFICES OF TODD M FRIEDMAN PC 21031 Ventura Blvd., Ste. 340 Woodland Hills, CA 91364-6522 Phone: 323-306-4234 Fax: 866-633-0228 Email: tfriedman@toddflaw.com FARMERS CASUALTY: Creasman Settlement Prelim Approval Bid Withdrawn ------------------------------------------------------------------- In the class action lawsuit captioned as Creasman v. Farmers Casualty Ins. Co., Case No. 2:22-cv-01820-MTL (D. Ariz.), the Hon. Judge Michael Liburdi entered an order withdrawing the pending motion for preliminary approval of class action settlement and certification of the Settlement Class. The Clerk of Court is ordered to consolidate case number CV-22-02023-MTL with CV-22-01820-MTL, CV-24-01270-MTL, and CV-24- 01267-MTL. The Clerk of the Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-02023-MTL as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in CV-22-02023-MTL. The Court finally ordered that a renewed Motion for Preliminary Approval of Class Action Settlement and Class Certification shall be filed no later than Wednesday, Nov. 20, 2024. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=lIgJSR at no extra charge.[CC] FARMERS GROUP: Luna Settlement Prelim Approval Bid Withdrawn ------------------------------------------------------------ In the class action lawsuit captioned as Luna v. Farmers Group Property & Casualty Ins. Co., Case No. No. 2:24-cv-01267-MTL (D. Ariz.), the Hon. Judge Michael Liburdi entered an order withdrawing the pending motion for preliminary approval of class action settlement and certification of the Settlement Class. The Clerk of Court is ordered to consolidate case number CV-22-02023-MTL with CV-22-01820-MTL, CV-24-01270-MTL, and CV-24- 01267-MTL. The Clerk of the Court shall file a copy of this Order in all the previously listed case numbers. All future filings shall bear case number CV-22-02023-MTL as the lead case and be submitted in substantially the same format as the caption of this order. All future filings related to these cases shall be filed in CV-22-02023-MTL. The Court finally ordered that a renewed Motion for Preliminary Approval of Class Action Settlement and Class Certification shall be filed no later than Wednesday, Nov. 20, 2024. Farmers Group offers property, auto, and casualty insurance services. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=IwAcf8 at no extra charge.[CC] FCA US: Class Cert Bid Filing in Fisher Extended to Dec. 11, 2025 ----------------------------------------------------------------- In the class action lawsuit captioned as BRIAN FISHER, et al., individually and on behalf of all others similarly situated, v. FCA US LLC, Case No. 2:23-cv-10426-MFL-EAS (E.D. Mich.), the Hon. Judge Matthew Leitman entered an amended Scheduling Order as follows: Event Current Proposed Deadline Deadline Close of Fact Discovery: Nov. 22, 2024 July 31, 2025 Plaintiffs Identify Experts Dec. 13, 2024 Aug. 21, 2025 and Serve Expert Reports: Defendant Identifies Experts Feb. 11, 2025 Oct. 20, 2025 and Serves Expert Reports: Close of Expert Discovery: March 13, 2025 Nov. 13, 2025 Deadline for Motion for Class April 14, 2025 Dec. 11, 2025 Certification and Motion for Summary Judgment: Response in opposition to June 13, 2025 Feb. 9, 2026 Motion for Class Certification and Motion for Summary Judgment and Deadline for Motions Challenging Experts: FCA US LLC designs, engineers, manufactures, and sells vehicles. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=33qOuY at no extra charge.[CC] The Plaintiffs are represented by: E. Powell Miller, Esq. Dennis A. Lienhardt, Esq. THE MILLER LAW FIRM, P.C. 950 W. Univ. Dr., Ste. 300 Rochester, MI 48307 Telephone: (248) 841-2200 E-mail: epm@millerlawpc.com dal@millerlawpc.com - and - W. Daniel "Dee" Miles, III, Esq. H. Clay Barnett, III, Esq. J. Mitch Williams, Esq. Dylan T. Martin, Esq. BEASLEY ALLEN LAW FIRM 272 Commerce St. Montgomery, AL 36104 Telephone: (334) 269-2343 E-mail: dee.miles@beasleyallen.com clay.barnett@beasleyallen.com mitch.williams@beasleyallen.com dylan.martin@beasleyallen.com - and - Mark P. Chalos, Esq. Hannah Lazarz, Esq. LIEFF CABRASER HEIMANN & BERNSTEIN 222 2nd Ave. S., Ste. 1640 Nashville, TN 37201 Telephone: (615) 313-9000 E-mail: mchalos@lchb.com hlazarz@lchb.com - and - Patrick Newsom, Esq. NEWSOM LAW PLC 40 Music Square E. Nashville, TN 37203 Telephone: (615) 251-9500 E-mail: patrick@newsom.law The Defendant is represented by: Stephen A. D'Aunoy, Esq. Scott H. Morgan, Esq. Fred J. Fresard, Esq. Ian K. Edwards, Esq. KLEIN THOMAS LEE & FRESARD 100 N. Broadway, Ste. 1600 St. Louis, MO 63102 Telephone: (314) 888-2970 E-mail: steve.daunoy@kleinthomaslaw.com scott.morgan@kleinthomaslaw.com fred.fresard@kleinthomaslaw.com ian.edwards@kleinthomaslaw.com FIDELITY INVESTMENTS: Fails to Secure Personal Info, Wilbert Says ----------------------------------------------------------------- ROBERT WILBERT, on behalf of himself and all others similarly situated, Plaintiff v. FIDELITY INVESTMENTS, Defendant, Case No. 1:24-cv-12715 (D. Mass., October 25, 2024) is a class action against the Defendant for its failure to properly secure and safeguard sensitive information of its customers. The Plaintiff's and Class Members' sensitive personal information -- which they entrusted to Defendant on the mutual understanding that Defendant would protect it against disclosure -- was targeted, compromised and unlawfully accessed due to the data breach, notes the complaint. The Defendant collected and maintained certain personally identifiable information and protected health information of Plaintiff and the putative Class Members, who are (or were) customers at Defendant. The complaint asserts that the data breach was a direct result of Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' PII from a foreseeable and preventable cyber-attack. The Plaintiff and Class Members have been exposed to a heightened and imminent risk of fraud and identity theft and must now and in the future closely monitor their financial accounts to guard against identity theft after the data breach, says the suit. Fidelity Investments is an investment firm that provides financial services to its customers.[BN] The Plaintiff is represented by: Randi Kassan, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 100 Garden City Plaza, Suite 500 Garden City, NY 11530 Telephone: (516) 741-5600 E-mail: rkassan@milberg.com - and - David K. Lietz, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 5335 Wisconsin Avenue NW, Suite 440 Washington, D.C. 20015-2052 Telephone: (866) 252-0878 Facsimile: (202) 686-2877 E-mail: dlietz@milberg.com FIDELITY MANAGEMENT: Davis Sues Over Breach of Fiduciary Duties --------------------------------------------------------------- Bryan Davis & Ethan Sam, directly on behalf of themselves and all others similarly situated v. FIDELITY MANAGEMENT & RESEARCH COMPANY LLC, ABIGAIL P. JOHNSON, JENNIFER TOOLIN MCAULIFFE, CHRISTINE J. THOMPSON, ELIZABETH S. ACTON, LAURA M. BISHOP, ANN E. DUNWOODY, ROBERT GARTLAND, ROBERT W. HELM, MICHAEL E. KENNEALLY, MARK A. MURRAY, CAROL J. ZIERHOFFER, JOHN ENGLER, ARTHUR E. JOHNSON, MARIE L. KNOWLES, LAURA M. DEL PRATO, JOHN J. BURKE III, CHRISTOPHER M. GOUVEIA, AND KENNETH B. ROBINS, Case 1:24-cv-08142 (S.D.N.Y., Oct. 25, 2024), is brought as a result of the Defendants' breach of fiduciary duties to seek compensation for the millions of dollars in damages that Plaintiffs and the Class Shareholders have suffered and continue to suffer and seek injunctive relief to stop this ongoing harm. The Government Fund is the largest and most popular money market mutual fund in the Fidelity Investments1 portfolio, with about $351 billion in net assets. The Trustee and Officer Defendants are the caretakers of the Government Fund and owe fiduciary and contractual duties to the fund's shareholders. This case is about how they breached those duties by failing to act in the best interests of a group of Government Fund shareholders, as required. The Trustee and Officer Defendants allow certain shareholders of the fund's "retail" share class (SPAXX) to needlessly incur higher expenses even when they are eligible for the fund's lower-expense, but otherwise identical, "premium" share class (FZCXX). These unnecessary expenses cost these shareholders millions of dollars each year, reducing their return on investment in the Government Fund and unjustly enriching Fidelity. The Trustee and Officer Defendants could easily remedy this overcharging through share class conversion—the commonplace practice of automatically converting an eligible investor's shares from one share class to another lower-expense class within the same mutual fund. Auto-conversion is common in the mutual fund industry. The Trustee and Officer Defendants themselves provide for auto-conversion in other Fidelity mutual funds for shareholders who meet the investment minimum for a lower-expense class—but they do not do so for shareholders in the Government Fund. Outside of Fidelity, comparable mutual funds from Fidelity's primary competitors, like Vanguard and T. Rowe Price, similarly provide for auto-conversion of eligible shareholders to lower-expense share classes. As fiduciaries, the Trustee and Officer Defendants are required to operate the Government Fund in the best interests of its shareholders. Despite their knowledge, experience, and capability to provide share class conversion, the Trustee and Officer Defendants have not done anything to ensure that the Class Shareholders pay the lower expenses to which their holdings entitle them. Their inaction demonstrates gross neglect or reckless disregard for the best interests of the Class Shareholders. The Trustee and Officer Defendants' dereliction of their fiduciary and contractual duties, with Fidelity's assistance, has resulted in enormous losses for the Class Shareholders, says the complaint. The Plaintiffs are accountholders of a Fidelity retirement account. Fidelity Management & Research Company LLC is a company incorporated under the laws of Delaware and headquartered in Massachusetts.[BN] The Plaintiff is represented by: Shawn J. Rabin, Esq. Lisa X. Jing, Esq. SUSMAN GODFREY L.L.P. One Manhattan West, 50th Floor New York, NY 10001 Phone: (212) 336-8330 Facsimile: (212) 336-8340 Email: srabin@susmangodfrey.com ljing@susmangodfrey.com - and - Halley W. Josephs, Esq. SUSMAN GODFREY L.L.P. 1900 Avenue of the Stars, Suite 1400 Los Angeles, CA 90067 Phone: (310) 789-3100 Facsimile: (310) 789-3150 Email: hjosephs@susmangodfrey.com FIRST PORTFOLIO: Fails to Prevent Data Breach, Smith Suit Says -------------------------------------------------------------- RODERICK SMITH, individually and on behalf of all others similarly situated, Plaintiff v. FIRST PORTFOLIO VENTURES I, LLC, Defendant, Case No. 2:24-cv-05864 (E.D. Pa., Oct. 31, 2024) is a class action against the Defendant for its failure to properly secure and safeguard Plaintiff's and other similarly situated customers' sensitive personally identifiable information, including their names, Social Security numbers, dates of birth, and driver's license number. The Plaintiff alleges in the complaint that the Defendant failed to adequately protect Plaintiff's and Class Members' PII, and failed to even encrypt or redact this highly sensitive information. This unencrypted, unredacted PII was compromised due to Defendant's negligent and careless acts and omissions and its utter failure to protect its customers' sensitive data. Hackers targeted and obtained Plaintiff's and Class Members' PII because of its value in exploiting and stealing the identities of Plaintiff and Class Members. The present and continuing risk to victims of the Data Breach will remain for their respective lifetimes, says the suit. First Portfolio Ventures I LLC is a debt buyer and debt collection law firm that files lawsuits against consumers for unpaid credit card debt. [BN] The Plaintiff is represented by: Andrew W. Ferich, Esq. AHDOOT & WOLFSON, PC 201 King of Prussia Road, Suite 650 Radnor, PA 19087 Telephone: (310) 474-9111 Facsimile: (310) 474-8585 Email: aferich@ahdootwolfson.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 Email: ostrow@kolawyers.com - and - Charles E. Schaffer, Esq. LEVIN SEDRAN & BERMAN, LLP 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Email: cschaffer@lfsblaw.com - and - John A. Yanchunis, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 North Franklin Street 7th Floor Tampa, FL 33602 Telephone: (813) 223-5505 Email: JYanchunis@forthepeople.com FLATTOPS COMPLETE: Lake Sues Over Unpaid Overtime Wages ------------------------------------------------------- Gregory Lake, on his own behalf and those similarly situated v. Flattops Complete Lawn Care, LLC., a Florida Limited Liability Company, and Justin Justice, Individually, Case No. 5:24-cv-00580 (M.D. Fla., Oct. 29, 2024), is brought under against the Defendants the Fair Labor Standards Act of 1938 ("FLSA") that the Plaintiff is entitled to: unpaid overtime wages from Defendants for overtime work for which they did not receive overtime premium pay as required by law, and liquidated damages pursuant to the FLSA, because defendant's violations lacked a good faith basis. The Defendants directed Plaintiff and the putative class members to work, and Plaintiffs did work, in excess of 40 hours in individual workweeks within the 3 years prior to filing this lawsuit. The Plaintiff and the and the putative class members were entitled to be paid overtime wages for all time worked in excess of 40 hours in individual workweeks. The Defendants did not pay Plaintiff, and the putative class members overtime wages for all overtime hours worked in excess of 40 hours in individual workweeks. The Defendants' failure to pay Plaintiff and the putative class members overtime wages for all time worked in excess of 40 hours in individual workweeks was a violation of the FLSA, says the complaint. The Plaintiff was employed as a non-exempt employee. The Defendant is a Florida-based company and a Florida resident, respectively, doing business in Lake County, Florida.[BN] The Plaintiff is represented by: Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 7951 SW 6th Street, Suite 316 Plantation, FL 33324 Phone: (866) 344-9243 Facsimile: (954) 337-2771 Email: noah@floridaovertimelawyer.com GARDEN OF LIFE: Vasseur Sues Over Misleading Discount Practices --------------------------------------------------------------- PAIGE VASSEUR, individually and on behalf of all others similarly situated, Plaintiff v. GARDEN OF LIFE LLC, Defendant, Case No. 2:24-cv-09404-DSF-PD (C.D. Cal., Oct. 31, 2024) is a class action alleging the Defendant's misleading and unlawful pricing, sales, and discounting practices on its website www.GardenofLife.com. The Plaintiff alleges in the complaint that all or nearly all the reference prices on the website are false and misleading. They are not former or regular prices at which the products were offered on the website in the recent past for a substantial time. They are inflated prices posted to lure consumers into purchasing items from Defendant. The Defendant's products sold on the website not only have a market value lower than the promised former and regular price, but the market value of the products is also lower than the discounted "sale" price. By using false reference pricing and false limited time sales, Defendant artificially drives up demand for the products, and by extension drives up the price of the products. As a result, consumers received a product worth less than the price paid, says the suit. Garden of Life, LLC is engaged in the vitamin & supplement industry. [BN] The Plaintiff is represented by: Alexander E. Wolf, Esq. John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 South Beverly Drive, Penthouse Beverly Hills, CA 90212 Telephone: (872) 365-7060 Email: awolf@milberg.com jnelson@milberg.com GARY WESTCOTT: Miller Files Suit in M.D. Louisiana -------------------------------------------------- A class action lawsuit has been filed against Gary Westcott, et al. The case is styled as Corey Miller, on behalf of himself and all others similarly situated v. Gary Westcott, in his official capacity as Secretary of the Louisiana Department of Public Safety & Corrections; Timothy Hooper, in his official capacity as Warden of Louisiana State Penitentiary; Misty Stagg, in her official capacity as Director of Prison Enterprises, Inc.; Louisiana Department of Public Safety & Corrections; Prison Enterprises, Inc.; Case No. 3:24-cv-00889-JWD-SDJ (M.D. La., Oct. 25, 2024). The nature of suit is stated as Prisoner Civil Rights. Gary Westcott serves as the Secretary of the Louisiana Department of Public Safety and Corrections (DOC).[BN] The Plaintiff appears pro se. GEORGETOWN UNIVERSITY: Daniels Sues Over Failure to Secure Data --------------------------------------------------------------- Tyree Daniels, individually and on behalf of all others similarly situated v. GEORGETOWN UNIVERSITY, Case No. 1:24-cv-03122 (D.D.C., Nov. 4, 2024), is brought arising out of the recent data breach ("Data Breach") resulting from Georgetown's failure to implement reasonable and industry standard data security practices. The Plaintiff's and Class Members' sensitive personal information—which they entrusted to Georgetown with the understanding that Georgetown would act reasonably to protect it against unauthorized disclosure--was compromised and unlawfully accessed due to the Data Breach. The Defendant collected and maintained certain Personally Identifiable Information ("PII") of Plaintiff and the putative Class Members, who are (or were) students at Georgetown. The Data Breach was a direct result of Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect its students' Private Information. The Defendant maintained the Private Information in a reckless manner. In particular, the Private Information was maintained on Defendant's computer network in a condition vulnerable to Data Breaches. Upon information and belief, the mechanism of the Data Breach and potential for improper disclosure of Plaintiff's and Class Members' Private Information was a known risk to Defendant, and thus, Defendant was on notice that failing to take steps necessary to secure the Private Information from those risks left that property in a dangerous condition. The Defendant disregarded the rights of Plaintiff and Class Members by, inter alia, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure its data systems were protected against unauthorized intrusions; failing to disclose that they did not have adequately robust computer systems and security practices to safeguard Class Members' Private Information; failing to take standard and reasonably available steps to prevent the Data Breach; and failing to provide Plaintiff and Class Members prompt and accurate notice of the Data Breach The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct because the Private Information that Defendant collected and maintained is now in the hands of data thieves. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a heightened and imminent risk of fraud and identity theft. Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the complaint. The Plaintiff is a graduate of Georgetown and provided PII to Defendant in the course of his education at Georgetown. Georgetown University is one of the world's leading academic and research institutions, offering a unique educational experience that prepares the next generation of global citizens to lead and make a difference in the world.[BN] The Plaintiff is represented by: Christian Levis, Esq. Peter Demato, Esq. Radhika Gupta, Esq. LOWEY DANNENBERG, P.C. 44 South Broadway, Suite 1100 White Plains, NY 10601 Phone: (914) 997-0500 Email: clevis@lowey.com pdemato@lowey.com rgupta@lowey.com - and - Anthony M. Christina, Esq. LOWEY DANNENBERG, P.C. One Tower Bridge 100 Front Street, Suite 520 West Conshohocken, PA 19428 Phone: (215) 399-4770 Email: achristina@lowey.com - and - Benjamin F. Johns, Esq. Samantha E. Holbrook, Esq. SHUB & JOHNS LLC Four Tower Bridge 200 Barr Harbor Drive, Suite 400 Conshohocken, PA 19428 Phone: (610) 477-8380 Email: bjohns@shublawyers.com sholbrook@shublawyers.com GOTO TECHNOLOGIES: Filing for Class Cert Bid Due July 14, 2025 -------------------------------------------------------------- In the class action lawsuit captioned as Debt Cleanse Group Legal Services, LLC v. GoTo Technologies USA, Inc. et al. (re LastPass Data Security Incident Litigation), Case No. 1:22-cv-12047-PBS (D. Mass.), the Hon. Judge Patti Saris entered a scheduling order as follows: Deadline Description Deadline Mediation: Feb. 6, 2025 Completion of fact discovery May 30, 2025 (class and merits, including Beckerman): Motion for class certification (including July 14, 2025 any expert reports on the merits and class certification): Opposition to class certification Aug. 25, 2025 (including any Daubert motions and expert reports): Reply to motion for class certification Oct. 6, 2025 (and any Daubert motions): Scheduling Conference Oct. 31, 2025 The deadline for amendment of Beckerman complaint is Nov. 25, 2024. The Court will address a schedule for filing motions for summary judgment at the status conference in October. GoTo Technologies is a flexible-work provider of software as a service and cloud-based remote work tools for collaboration and IT management. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=jesPA6 at no extra charge.[CC] HERSHEY COMPANY: Parish Sues Over Dangerous Levels of Fluorine -------------------------------------------------------------- Jonathan Parish, on behalf of themselves and all others similarly situated v. THE HERSHEY COMPANY, Case No. 1:24-cv-01868-CCC (M.D. Pa., Oct. 29, 2024), is brought on behalf of consumers who purchased for personal, family, or household use, Defendant's chocolate or other confectionery products ("Confectionery Products"), which are unfit ordinary purpose because the packaging in which they are wrapped and sold, which is essential and integral to the delivery of the product to Plaintiff and the Class, contain heightened levels of dangerous, unsafe organic fluorine and/or per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of synthetic chemicals which are harmful to both the environment and humans. PFAS persist and accumulate over time, and are harmful even at very low levels. Fluorine is an atomic element present in the molecular structure of PFAS. PFAS is known as a "forever chemical" because its synthetic molecular structure is exceedingly strong, such that PFAS do not break down easily. This is particularly problematic because PFAS are toxic and carcinogenic. As awareness of carcinogenic PFAS, or "forever chemicals," has grown, testing to determine the existence and levels of PFAS in consumer products and packaging has become more common. Recent tests have shown the existence of PFAS in the packaging of a number of consumer products. Notwithstanding the known dangers posed by PFAS and the recent FDA prohibition of PFAS in food packaging, recent independent testing has found heightened levels of PFAS in the wrappers or packaging for Hershey's Confectionery Products. Testing of the wrappers for Hershey's Confectionery Products revealed PFAS contamination over 10 mg/kg, and readings as high as 81.5 mg/kg of total fluorine. Given the now heightened awareness of PFAS in the industry generally and in food packaging in particular, Hershey is undoubtably aware of the seriousness of PFAS, and is or should be monitoring or correcting the contamination of PFAS in its product wrappers and disallowing use of any contaminated wrappings. This is particularly so in that the PFAS within its wrappers are not necessary, are unsafe and have been banned by the FDA. Hershey brands itself as a confectioner selling premium products of the utmost quality, spending extra effort to optimize the value impression of its packaging compared to its competitors. Hershey also touts the quality and safety of its products, including the Confectionery Products' wrappers, to convey a message to consumers that the Confectionery Products are safe, high-quality, merchantable, and free of any unwanted substances or contamination. Yet, as the recent product testing reveals, Hershey's representations, warranties, statements, and disclosures are false and misleading. Contrary to the foregoing, Hershey omits that the Confectionery Products' wrappers contain dangerous levels of PFAS and/or organic fluorine, and pose a substantial health risk to unsuspecting consumers. Neither before nor at the time of purchase does Hershey notify consumers like Plaintiff that the Confectionery Products are wrapped in unsafe and harmful wrappers that contain heightened levels of organic fluorine and/or PFAS, says the complaint. The Plaintiff has purchased the Confectionery Products from Defendant. The Hershey Company is a publicly traded, iconic, multi-brand U.S. confectionery maker with a multi-billion dollar market share of the confectionery segment.[BN] The Plaintiff is represented by: Allan Kanner, Esq. Conlee S. Whiteley, Esq. David J. Stanoch, Esq. KANNER & WHITELEY, L.L.C. 701 Camp Street New Orleans, LA 70130 Phone: 504-524-5777 Email: a.kanner@kanner-law.com c.whiteley@kanner-law.com d.stanoch@kanner-law.com - and - Andrew Bizer, Esq. BIZER & DEREUS 3319 St. Claude Avenue New Orleans, LA 70117 Phone: 504-619-999 Email: andrew@bizerlaw.com HN & SONS: Pagano Wins Class Certification Bid ---------------------------------------------- In the class action lawsuit captioned as BENJAMIN PAGANO, PAIGE ACEVEDO, and MAGGIE MCNEIL, on behalf of themselves and all others similarly situated, v. HN & SONS LLC d/b/a BUSHWICK PUBLIC HOUSE, DERIHU 18 LLC a/k/a CHISPA, HOOMAN ENAYATIAN, and JOHN DOE and/or JANE DOE #1-10, Case No. 1:22-cv-04897-BMC (E.D.N.Y.), the Hon. Judge Brian Cogan entered an order granting Plaintiffs' certification motion. -- The Court appoints Pagano, Acevedo and McNeil as representatives for the class and William K. Li as lead class counsel. -- The motion to compel production is denied, and plaintiffs are directed to file a proposed class notice 14 days after the issuance of this order. -- The class members were all employed by defendants, defendants' liability is contingent on a common question of notice, and individualized questions of damages do not defeat predominance. -- The plaintiffs' proposed class counsel, William Kaining Li of William K Li Law PLLC, meets these criteria. The Plaintiffs allege that defendants paid their employees a base salary of $11/hour, below the New York minimum wage, and had a policy of retaining 20% of all credit card tips earned by their front-of-house employees. The Plaintiffs brought this putative class action against defendants, asserting tip theft and minimum wage claims under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Plaintiffs then filed the instant motion. They request that the Court certify a Rule 23 class of all defendants’ non-exempt food and beverage service and tip-receiving employees who worked for defendants at any time between August 19, 2016, and the date of this order ( Bushwick is a Brooklyn cafe owned and managed by defendant Hooman Enayatian. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=uuLu7A at no extra charge.[CC] HOSPITAL SISTERS: Class Cert Bid in Brahm Reset to June 20, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as NATALIE BRAHM, et al., v. HOSPITAL SISTERS HEALTH SYSTEMS, et al., Case No. 3:23-cv-00444-wmc (W.D. Wis.), the Hon. Judge Anita Marie Boor entered an order re-setting the schedule for this case as follows: Amendments to the Pleadings: Jan. 13, 2025 Motion for class certification and June 20, 2025 proponent class expert disclosures: Response and respondent class expert Aug. 8, 2025 disclosures: Reply: Aug. 29, 2025 Proponents' liability and damages Jan. 19, 2026 expert disclosures: Respondents' liability and damages Feb. 26, 2026 expert disclosures: Dispositive motions: May 1, 2026 21/10 response/reply briefing Discovery cutoff: Aug. 28, 2026 Settlement letters: Aug. 28, 2026 Motions in limine: Sept. 11, 2026 Responses: Oct. 2, 2026 First final pretrial conference: Oct. 20, 2026 Second final pretrial conference: Oct. 27, 2026 Hospital Sisters operates a network of 15 hospitals and other healthcare facilities throughout the midwestern U.S. states of Illinois, and Wisconsin. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=KXADiR at no extra charge.[CC] HOT TOPIC: Barber Sues Over Failure to Secure and Safeguard PII --------------------------------------------------------------- Allison Barber, on behalf of herself and all others similarly situated v. HOT TOPIC, INC. d/b/a HOT TOPIC and BOXLUNCH, TORRID, LLC, Case No. 2:24-cv-09215 (C.D. Cal., Oct. 25, 2024), is brought against the Defendants for their failure to properly secure and safeguard sensitive information of their customers and loyalty account members. The Plaintiff's and Class Members' sensitive personal information which they entrusted to Defendants on the mutual understanding that Defendants would protect it against disclosure--was targeted, compromised and unlawfully accessed due to the Data Breach. The Defendants collected and maintained certain personally identifiable information of the putative Class Members, who are (or were) customers and/or loyalty account members at Hot Topic and/or Torrid. The PII compromised in the Data Breach included Plaintiff's and Class Members' full names, email addresses, addresses, phone numbers, and dates of birth ("personally identifiable information" or "PII"). The PII compromised in the Data Breach was exfiltrated by cyber criminals and remains in the hands of those cyber-criminals who target PII for its value to identity thieves. The Data Breach was a direct result of Defendants' failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' PII from a foreseeable and preventable cyber-attack. Moreover, upon information and belief, Defendants were targeted for a cyber-attack due to their status as retail companies that collects and maintains highly valuable PII on its systems. The Defendants maintained, used, and shared the PII in a reckless manner. In particular, the PII was used and transmitted by Defendants in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' PII was a known risk to Defendants, and thus, Defendants were on notice that failing to take steps necessary to secure the PII from those risks left that property in a dangerous condition, says the complaint. The Plaintiff provided their PII to the Defendants. Hot Topic operates a chain of retail stores under multiple brand names, including Hot Topic and BoxLunch.[BN] The Plaintiff is represented by: John J. Nelson (SBN 317598) MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 S. Beverly Drive Beverly Hills, CA 90212 Phone: (858) 209-6941 Email: jnelson@milberg.com HOTWORX FRANCHISING: Website Inaccessible to the Blind, Thorne Says ------------------------------------------------------------------- BRAULIO THORNE, individually and on behalf of all others similarly situated, Plaintiff v. HOTWORX FRANCHISING LLC, Defendant, Case No. 1:24-cv-08307 (S.D.N.Y., Oct. 31, 2024) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, https://hotworx.net, 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. HOTWORX Franchising, LLC is a fitness franchise organization that offers infrared sauna workouts. [BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. Dana L. Gottlieb, Esq. Jeffrey M. Gottlieb, Esq. GOTTLIEB & ASSOCIATES PLLC 150 East 18th Street, Suite PHR New York, NY 10003 Tel: (212) 228-9795 Fax: (212) 982-6284 Email: Jeffrey@Gottlieb.legal Dana@Gottlieb.legal Michael@Gottlieb.legal HUB GROUP: Faces Lopez Wage-and-Hour Suit in Cal. State Court ------------------------------------------------------------- JUAN LOPEZ, individually and on behalf of all others similarly situated, Plaintiff v. HUB GROUP TRUCKING, INC., HUB GROUP TRUCKING CALIFORNIA, LLC, HUB GROUP DEDICATED, LLC, and DOES 1 through 50, inclusive, Defendants, Case No. CIVSB2429351 (Cal. Super., San Bernardino Cty., September 25, 2024) is a class action against the Defendants for violations of California Labor Code and California's Business and Professions Code including failure to pay overtime & double time wages, failure to pay minimum wages, failure t0 provide meal periods, failure to keep accurate itemized wage statements, failure to pay waiting time penalties, failure to timely pay earned wages, failure to provide rest periods, failure to reimburse business expenses, failure to pay reporting time pay, failure to pay split shift wages, failure to provide notice of paid sick time and accrual, and unlawful business practices. The Plaintiff was employed by the Defendants from on or about March 14, 2016, until on or about March 11, 2023. Hub Group Trucking, Inc. is a logistics services provider doing business in California. Hub Group Trucking California, LLC is a logistics services provider doing business in California. Hub Group Dedicated, LLC is a logistics services provider doing business in California. [BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Cathy Gonzalez, Esq. Melissa Robinson, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Telephone: (818) 696—2306 Facsimile: (818) 696-2307 Email: haig@hbklawyers.com cathy@hbklawyers.com melissa@hbklawyers.com IKE GAMING: Property Not Disabled Friendly, Meggs Says ------------------------------------------------------ JOHN MEGGS, Plaintiff v. IKE GAMING, INC., d/b/a EL CORTEZ HOTEL AND CASINO, Defendant, Case No. 2:24-cv-02019-GMN-MDC (D. Nev., October 29, 2024) is an action brought by the Plaintiff, on behalf of all other similarly situated mobility-impaired individuals, for injunctive relief, a declaration of rights, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act. The Defendant owns, operates, and oversees the commercial property -- EL CORTEZ HOTEL AND CASINO -- as well as the businesses inside and their general parking lot and parking spaces. The Plaintiff has visited the property on multiple occasions including, without limitation, April 11, 2024. The complaint alleges that Plaintiff encountered multiple violations of the ADA that directly affected his ability to use and enjoy the subject commercial property. He encountered architectural barriers when accessing Defendant's commercial property and businesses that denied or diminished his ability to visit the commercial property and endangered his safety. Ike Gaming, Inc owns and operates the El Cortez Hotel And Casino located in Las Vegas, Nevada.[BN] The Plaintiff is represented by: Robert P. Spretnak, Esq. LAW OFFICES OF ROBERT P. SPRETNAK 8275 S. Eastern Avenue, Suite 200 Las Vegas, NV 89123 Telephone: (702) 454-4900 Facsimile: (702) 938-1055 E-mail: bob@spretnak.com - and - George W. Wickhorst, III, Esq. ADADVOCATES LLC 777 Brickell Avenue, Suite 400 Miami, FL 33131 Telephone: (305) 481-9809 E-mail: george@adadvocates.org INDIANA FAMILY: Bowman Sues Over Violation of Rights ---------------------------------------------------- Carol Bowman, Dora Anderson, Gwendolyn Hart, Richard Hoover, and Adan Tapia, on behalf of themselves and all other persons similarly situated v. INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION ("FSSA"), and DANIEL RUSYNIAK, the SECRETARY OF THE INDIANA FAMILY AND SOCIAL SERVICES ADMINISTRATION, in his official capacity, Case No. 2:24-cv-00520-JRS-MJD (S.D. Ind., Oct. 30, 2024), is brought to challenge the FSSA's decisions to not supply thousands of Indiana residents, some of Indiana's most vulnerable citizens, with Medicaid-funded aid for assisted living, despite the FSSA's ability to do so. The Plaintiffs and the alleged Class are individuals who wish to be placed in assisted-living facilities or are already in assisted living and wish to have their payments covered by Medicaid. To choose the option that affords them the best quality of life and care, Plaintiffs and the alleged Class enrolled in waiver programs (the 2024 Waivers) that, allow for Medicaid funding of assisted-living services. The 2024 Waivers thereby provide access to these services for people who otherwise could not afford them. Plaintiffs and the alleged Class have all been found eligible to receive these Medicaid benefits and have the right to receive them. But the FSSA (which administers Indiana's Medicaid program and thus the 2024 Waivers) has failed in its mandatory duty under federal law to ensure that these Medicaid-funded services are available to the community and, in particular, to Plaintiffs and the alleged Class. After running out of waiver slots in April 2024, new slots became available with the turn of the fiscal year on July 1, 2024, but the FSSA rations its waiver slots and places otherwise-eligible individuals on a waitlist. The waitlist is not predicated on a lack of availability for either waiver slots or space in assisted-living facilities. By the FSSA's own estimation, there are over new 10,000 waiver slots currently available, yet because of the FSSA's monthly rations, less than 1,000 per month have been released, through October. In fact, because of this rationing, the total waiver slots being used has decreased since July 1, 2024—meaning that, despite having thousands of available waiver slots to use, the FSSA has not kept pace with the Program's attrition. Likewise, the assisted-living facilities in Indiana are nowhere close to capacity, and there are thousands of available spots throughout Indiana. The FSSA is violating the rights of Plaintiffs and the alleged Class under federal law in at least three ways, says the complaint. The Plaintiffs are Indiana residents who qualify for and are eligible for Medicaid assistance. FSSA is a governmental agency that was formed under the laws of the State of Indiana.[BN] The Plaintiffs are represented by: Melissa Davidson, Esq. HANKEY MARKS & CRIDER 429 E. Vermont St., Suite 200 Indianapolis, IN 46202 Phone: (317) 599-4111 Email: mdavidson@hankeylaw.com - and - Eamon P. Kelly, Esq. Nathan A. Shev, Esq. Sean M. Koller, Esq. Paul E. Bateman Jr., Esq. SPERLING & SLATER, LLC 55 West Monroe Street, Suite 3200 Chicago, IL 60603 Phone: (312) 641-3200 Email: ekelly@sperling-law.com nshev@sperling-law.com skoller@sperling-law.com pbateman@sperling-law.com INFINITE HEALTH: Vriezen Files Personal Injury Claims in Minnesota ------------------------------------------------------------------ A class action lawsuit has been filed against Infinite Health Collaborative. The case is captioned as KELLY VRIEZEN, individually and on behalf of all others similarly situated v. INFINITE HEALTH COLLABORATIVE, Case No. 0:24-cv-03743-NEB-DJF (D. Minn., September 25, 2024). The Plaintiff brings personal injury claims against the Defendant. Infinite Health Collaborative is a group of local medical practices in Minnesota. [BN] The Plaintiff is represented by: Christiaan Van Lierop, Esq. JOHNSON/BECKER PLLC 444 Cedar Street, Suite 1800 St. Paul, MN 55101 Telephone: (952) 486-0353 Email: cvanlierop@johnsonbecker.com - and - David S. Almeida, Esq. ALMEIDA LAW GROUP LLC 849 W. Webster Avenue Chicago, IL 60614 Telephone: (312) 576-3024 Email: david@almeidalawgroup.com - and - Timothy J. Becker, Esq. JOHNSON BECKER PLLC 444 Cedar St., Ste. 1800 St. Paul, MN 55101 Telephone: (612) 436-1800 Facsimile: (612) 436-1801 Email: tbecker@johnsonbecker.com INTERNATIONAL BANK: Parrott Suit Transferred to W.D. Texas ---------------------------------------------------------- The case captioned as Paul Parrott, as the Representative of a class of similarly situated persons, and on behalf of the International Bancshares Corporation Employees' Profit Sharing Plan and Trust v. International Bank of Commerce, International Bancshares Corporation, International Bancshares Corporation Profit Sharing Plan Committee, Case No. 3:24-cv-01208 was transferred from the U.S. District Court for the Southern District of Texas, to the U.S. District Court for the Western District of Texas on Nov. 4, 2024. The District Court Clerk assigned Case No. 5:24-cv-01263-XR to the proceeding. The nature of suit is stated as E.R.I.S.A. for Labor. International Bank of Commerce -- http://www.ibc.com/-- is a state chartered bank owned by International Bancshares Corporation headquartered in Laredo, Texas.[BN] The Plaintiff is represented by: Carl Engstrom, Esq. NICHOLS KASTER, PLLP 4700 IDS Center, 80 S. 8th Street Minneapolis, MN 55402 Phone: (612) 256-3200 Fax: (612) 338-4878 Email: cengstrom@nka.com - and - Jennifer Kim Lee, Esq. ENGSTROM LEE 323 Washington Avenue North, Suite 200 Minneapolis, MN 55401 Phone: (612) 305-8349 - and - Octavio Salinas, II, Esq. LAW OFFICE OF OCTAVIO SALINAS, II 213 W. Village Blvd., Suite 6 Laredo, TX 78041 Phone: (956) 727-4942 Fax: (956) 727-0792 The Defendant is represented by: Donna K. McElroy, Esq. DYKEMA GOSSETT PLLC 112 E. Pecan Street, Suite 1800 San Antonio, TX 78205 Phone: (210) 554-5500 Fax: (210) 226-8395 Email: dmcelroy@dykema.com - and - Christopher D. Kratovil, Esq. DYKEMA GOSSETT PLLC 1717 Main Street, Suite 4200 Dallas, TX 75201 Phone: (214) 462-6458 Fax: (855) 230-2528 Email: ckratovil@dykema.com IRHYTHM TECHNOLOGIES: Continues to Defend Securities Class Suit --------------------------------------------------------------- iRhythm Technologies, Inc. disclosed in its Form 10-Q Report for the quarterly period ending September 30, 2024 filed with the Securities and Exchange Commission on October 30, 2024, that the Company continues to defend itself from securities class suit in the United States District Court for the Northern District of California. On February 6, 2024, a putative class action lawsuit was filed in the United States District Court for the Northern District of California alleging that the Company's current Chief Executive Officer, Quentin Blackford, the Company's former Chief Financial Officer, Brice Bobzien, and its former Chief Financial Officer and former Chief Operating Officer, Mr. Devine violated Sections 10(b) and 20(a) of the Exchange Act and SEC Rule 10b-5 promulgated thereunder, and seeks unspecified damages purportedly sustained by the class. On July 19, 2024, an amended complaint was filed, naming the Company, Mr. Blackford, Mr. Bobzien, Mr. Devine, the Company's Chief Commercial Officer Chad Patterson, its former Chief Technology Officer Mark Day, and its Chief Medical Officer, Chief Scientific Officer, and Executive Vice President of Product Innovation, Mintu Turakhia, as defendants. On October 7, 2024, a second amended complaint was also filed to include events from the recent FDA inspections. The Company believes the above securities class action lawsuit to be without merit and plans to continue to defend itself vigorously. iRhythm Technologies Inc. is a digital healthcare company into the design, development, and commercialization of device-based technology to provide ambulatory cardiac monitoring services. JOSEPH DELUCIA: Property Not Disabled Friendly, Meggs Says ---------------------------------------------------------- JOHN MEGGS, Plaintiff v. JOSEPH DELUCIA LLC, Defendant, Case No. 2:24-cv-02020 (D. Nev., October 29, 2024) is an action brought by the Plaintiff, on behalf of all other similarly situated mobility-impaired individuals, for injunctive relief, a declaration of rights, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act. Joseph Delucia LLC owns, operates, and oversees a commercial property located in Las Vegas, Nevada. The Plaintiff has visited the property on multiple occasions including, without limitation, April 11, 2024. The complaint alleges that Plaintiff encountered multiple violations of the ADA that directly affected his ability to use and enjoy the subject commercial property. He encountered architectural barriers when accessing Defendant's commercial property and businesses that denied or diminished his ability to visit the commercial property and endangered his safety. [BN] The Plaintiff is represented by: Robert P. Spretnak, Esq. LAW OFFICES OF ROBERT P. SPRETNAK 8275 S. Eastern Avenue, Suite 200 Las Vegas, NV 89123 Telephone: (702) 454-4900 Facsimile: (702) 938-1055 E-mail: bob@spretnak.com - and - George W. Wickhorst, III, Esq. ADADVOCATES LLC 777 Brickell Avenue, Suite 400 Miami, FL 33131 Telephone: (305) 481-9809 E-mail: george@adadvocates.org JP MORGAN: Canales Suit Transferred to S.D. New York ---------------------------------------------------- The case captioned as Jamie Canales, individually and on behalf of all others similarly situated v. JP Morgan Chase and Co., J.P Morgan Securities LLC, Case No. 5:24-cv-02018 was transferred from the U.S. District Court for the Central District of California, to the U.S. District Court for the Southern District of New York on Nov. 4, 2024. The District Court Clerk assigned Case No. 1:24-cv-08377-UA to the proceeding. The nature of suit is stated as Other Contract. JPMorgan Chase & Co. -- https://www.jpmorganchase.com/ -- is an American multinational financial services firm headquartered in New York City and incorporated in Delaware.[BN] The Plaintiff is represented by: Scott Edelsberg, Esq. EDELSBERG LAW PA 1925 Century Park East Suite 1700 Los Angeles, CA 90067 Phone: (305) 975-3320 Email: scott@edelsberglaw.com - and - Andrew John Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Ave., Ste. 705 Miami, FL 33132 Phone: (305) 479-2299 Fax: (786) 623-0915 Email: ashamis@sflinjuryattorneys.com The Defendant is represented by: Brian D. Hershman, Esq. JONES DAY 555 South Flower Street 50th Floor Los Angeles, CA 90071 Phone: (213) 489-3939 Fax: (213) 243-2539 Email: bhershman@jonesday.com - and - Jayant W. Tambe, Esq. Laura W. Sawyer, Esq. Meredith Christian, Esq. JONES DAY (NYC) 250 Vesey Street New York, NY 10281 Phone: (212) 326-3939 Fax: (212) 755-7306 Email: jtambe@jonesday.com lwsawyer@jonesday.com mchristian@jonesday.com LANDMARK ADMIN: Bosch Sues Over Failure to Secure Information ------------------------------------------------------------- Miguel Bosch, on behalf of himself and all others similarly situated v. LANDMARK ADMIN, LLC and LIBERTY BANKERS INSURANCE GROUP, Case No. 6:24-cv-00084-H (N.D. Tex., Oct. 30, 2024), is brought against Defendants for their failure to properly secure and safeguard sensitive information of Plaintiff and Class Members. The Plaintiff's and Class Members' sensitive personal information which they entrusted to Defendants on the mutual understanding that Defendants would protect it against disclosure--was targeted, compromised and unlawfully accessed due to the Data Breach. Landmark collected and maintained certain personally identifiable information and protected health information of Plaintiff and the putative Class Members (defined below), who are (or were) customers at Landmark's clients, including LBIG. The Defendants maintained, used, and shared the Private Information in a reckless manner. In particular, the Private Information was used and transmitted by Defendants in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' Private Information was a known risk to Defendants, and thus, Defendants were on notice that failing to take steps necessary to secure the Private Information from those risks left that property in a dangerous condition. The Defendants disregarded the rights of Plaintiff and Class Members by, inter alia, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure its data systems were protected against unauthorized intrusions; failing to take standard and reasonably available steps to prevent the Data Breach; and failing to provide Plaintiff and Class Members prompt and accurate notice of the Data Breach. The Plaintiff's and Class Members' identities are now at risk because of Defendants' negligent conduct because the Private Information that Defendants collected and maintained has been accessed and acquired by data thieves. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a heightened and imminent risk of fraud and identity theft. Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the complaint. The Plaintiff provided their information to the Defendant. Landmark is a third-party administrator for insurance carriers.[BN] The Plaintiff is represented by: Andrew Shamis, Esq. SHAMIS & GENTILE, PA 14 NE 1st Avenue, Suite 705 Miami, FL 33132 Phone: (305) 479-2299 Email: ashamis@shamisgentile.com - and - Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Phone: (954) 332-4200 Email: ostrow@kolawyers.com LANDMARK ADMIN: Fisher Sues Over Failure to Safeguard Information ----------------------------------------------------------------- Rozalynn Fisher, on behalf of herself and all others similarly situated v. LANDMARK ADMIN, LLC and LIBERTY BANKERS INSURANCE GROUP, Case No. 3:24-cv-02769-L (N.D. Tex., Nov. 4, 2024), is brought against Defendants for their failure to properly secure and safeguard sensitive information of Plaintiff and Class Members. The Plaintiff's and Class Members' sensitive personal information which they entrusted to Defendants on the mutual understanding that Defendants would protect it against disclosure--was targeted, compromised and unlawfully accessed due to the Data Breach. Landmark collected and maintained certain personally identifiable information and protected health information of Plaintiff and the putative Class Members (defined below), who are (or were) customers at Landmark's clients, including LBIG. The information compromised in the Data Breach included Plaintiff's and Class Members' full names, driver's license numbers, passport numbers, and tax identification numbers ("personally identifiable information" or "PII") and medical information, which is protected health information ("PHI", and collectively with PII, "Private Information") as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). The Private Information compromised in the Data Breach was exfiltrated by cyber-criminals and remains in the hands of those cyber-criminals who target Private Information for its value to identity thieves. The Data Breach was a direct result of Defendants' failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' Private Information from a foreseeable and preventable cyber-attack. Moreover, upon information and belief, Defendants were targeted for a cyber- attack due to its statuses as insurance companies and insurance administrators that collect and maintain highly valuable Private Information on its systems. The Defendants maintained, used, and shared the Private Information in a reckless manner. In particular, the Private Information was used and transmitted by Defendants in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' Private Information was a known risk to Defendants, and thus, Defendants were on notice that failing to take steps necessary to secure the Private Information from those risks left that property in a dangerous condition. The Defendants disregarded the rights of Plaintiff and Class Members by, inter alia, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure its data systems were protected against unauthorized intrusions; failing to take standard and reasonably available steps to prevent the Data Breach; and failing to provide Plaintiff and Class Members prompt and accurate notice of the Data Breach, says the complaint. The Plaintiff is a resident and citizen of Fontana, California. Landmark is a third-party administrator for insurance carriers.[BN] The Plaintiff is represented by: Joe Kendall, Esq. KENDALL LAW GROUP, PLLC - DALLAS 3811 Turtle Creek Blvd., Suite 1450 Dallas, TX 75219 Phone: (214) 744-3000 Fax: (214) 744-3015 Email: jkendall@kendalllawgroup.com - and - Andrew Snyder, Esq. Gregory Haroutunian, Esq. M. Anderson Berry, Esq. CLAYEO C. ARNOLD, A PROFESSIONAL CORP. 865 Howe Avenue Sacramento, CA 95825 Phone: (916) 239-4778 Fax: (916) 924-1829 Email: gharoutunian@justice4you.com aberry@justice4you.com LANDMARK ADMIN: Newson Sues Over Unprotected Personal Info ---------------------------------------------------------- RAYMOND NEWSON, individually and on behalf of those similarly situated, Plaintiff v. LANDMARK ADMIN, LLC, Defendant, Case No. 6:24-cv-00082-C (N.D. Tex., October 28, 2024) arises from the Defendant's failure to properly secure and safeguard Plaintiff's and Class Members' protected personally identifiable information (PII) stored within Defendant's information network. The Plaintiff brings this Class action on behalf of himself and the over 806,519 other customers whose PII was accessed and exposed to unauthorized third parties during a data breach of Defendant's system on or before May 13, 2024, which Landmark discovered on May 13, 2024 and announced publicly via letter to affected individuals on October 23, 2024. As a direct and proximate result of Defendant's inadequate data security, and its breach of its duty to handle PII with reasonable care, Plaintiff's PII has been accessed by hackers, posted on the dark web, and exposed to an untold number of unauthorized individuals, says the suit. The Plaintiff, on behalf of himself and others similarly situated, brings claims for negligence, negligence per se, breach of an implied contract, unjust enrichment, violation of California's Consumer Privacy Act, and declaratory judgment, seeking actual and putative damages, with attorneys' fees, costs, and expenses, and appropriate injunctive and declaratory relief. Based in Brownwood, Texas, Landmark Admin, LLC provides third party administration for insurance carriers.[BN] The Plaintiff is represented by: Joe Kendall, Esq. KENDALL LAW GROUP, PLLC 3811 Turtle Creek Blvd., Suite 825 Dallas, TX 75219 Telephone: (214) 744-3000 E-mail: jkendall@kendalllawgroup.com - and - Marc H. Edelson, Esq. EDELSON LECHTZIN LLP 411 S. State Street, Suite N300 Newtown, PA 18940 Telephone: (215) 867-2399 E-mail: medelson@edelson-law.com - and - Tyler J. Bean, Esq. SIRI & GLIMSTAD LLP 745 Fifth Avenue, Suite 500 New York, NY 10151 Telephone: (929) 677-5144 E-mail: tbean@sirillp.com LAZAROU ENTERPRISES: Peterson Suit Seeks Unpaid Wages ----------------------------------------------------- RUDY PETERSON, on his own behalf and those similarly situated, Plaintiff v. LAZAROU ENTERPRISES, INC. (dba) FLASHBACK DINER HALLANDALE, a Florida Profit Corporation, and AMANNA PANAGIOTA LAZAROU, individually, Defendants, Case No. 0:24-cv-62016 (S.D. Fla., October 28, 2024) arises from the Defendants' violations of the Fair Labor Standards Act by failing to pay overtime compensation and minimum wages. The complaint alleges that the Defendant knew and/or showed reckless disregard of the provisions of the FLSA concerning payment of minimum wages and/or overtime wages as required by the FLSA and remain owing Plaintiff and other similarly situated employees since the commencement of Plaintiff's employment with Defendants. Mr. Peterson is over 18 years old and has been a sui juri resident of Broward County, Florida and worked for Defendants from June 2024 through October 10, 20242 as a non-exempt hourly paid cook. Lazarou Enterprises, Inc., d/b/a/ Flashback Diner Hallandale, is a restaurant based in Florida.[BN] The Plaintiff is represented by: Noah E. Storch, Esq. RICHARD CELLER LEGAL, P.A. 7951 SW 6th Street, Suite 3163 Plantation, FL 33324 Telephone: (866) 344-9243 Facsimile: (954) 337-2771 E-mail: noah@floridaovertimelawyer.com LIFE-ASSIST INC: Faces Johnson Employment Suit in Cal. Super. ------------------------------------------------------------- A class action lawsuit has been filed against LIFE-ASSIST, INCORPORATED, A CALIFORNIA CORPORATION. The case is captioned as JAMIL JOHNSON, on behalf of all others similarly situated v. LIFE-ASSIST, INCORPORATED, A CALIFORNIA CORPORATION, Case No. 24CV019252 (Cal. Super., Sept. 24, 2024). The suit is brought over Defendant's alleged employment law violation. The case is assigned to the Hon. Judge Lauri A. Damrell. Life-Assist, Incorporated manufactures medical and surgical equipments.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON LAW GROUP, PC 25 S Figueroa St suite 3100 Los Angeles, CA 90017 Telephone: (213) 320-0519 LIFELINE SYSTEMS: Englar Files Suit in Mass. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Lifeline Systems Company. The case is styled as Twaylah Englar, individually and on behalf of all others similarly situated v. Lifeline Systems Company, Case No. 2484CV02895 (Mass. Super. Ct., Suffolk Cty., Nov. 4, 2024). The case type is stated as "Business Litigation." Lifeline Systems, Inc. -- https://www.lifeline.com/ -- designs, manufactures, and markets a personal emergency response system.[BN] The Plaintiff is represented by: Douglas F. Hartman, Esq. HARTMAN LAW, P.C. 10 Post Off Square, Suite 800 South Boston, MA 02109 Phone: (617)807-0091 LINE 5 LLC: Friel Files TCPA Suit in M.D. Pennsylvania ------------------------------------------------------ A class action lawsuit has been filed against Line 5, LLC. The case is styled as Joseph Friel, individually and on behalf of a class of all persons and entities similarly situated v. Line 5, LLC, Headstart Warranty Group LLC, JEA Management Services d/b/a Covered Auto, Case No. 3:24-cv-01866-JKM (M.D. Pa., Oct. 29, 2024). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Line 5, LLC -- https://www.line5.com/ -- is a finance company which offers financing to consumers for automotive products and services such as extended warranties and service contracts.[BN] The Plaintiff is represented by: Anthony I. Paronich, Esq. PARONICH LAW, P.C. 350 Lincoln St., Suite 2400 Hingham, MA 02043 Phone: (508) 221-1510 Email: anthony@paronichlaw.com - and - Jeremy C. Jackson, Esq. BOWER LAW ASSOCIATES, PLLC 403 South Allen Street, Suite 210 State College, PA 16801 Phone: (814) 234-2626 Fax: (814) 237-8700 Email: jjackson@bower-law.com LUXUS BOTANICA: Turner Seeks Equal Website Access for the Blind --------------------------------------------------------------- TAVON TURNER, on behalf of himself and all others similarly situated, Plaintiff v. LUXUS BOTANICA, L.P., Defendant, Case No. 1:24-cv-08180 (S.D.N.Y., October 28, 2024) is a civil action against Defendant for their failure to design, construct, maintain, and operate their website, www.luxusbotanica.com, to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people in violation of the Americans with Disabilities Act, the New York State Human Rights Law, the New York City Human Rights Law, and the New York State Civil Rights Law. According to the complaint, the Plaintiff was injured when attempting to access Defendant's website on October 17, 2024, from his home in Bronx, New York, in an effort to search for and pre-purchase Defendant's products and services, including their premium edible, "GUMMIES," by Yeti. Even though the website had basic product information and seemed thorough and transparent, the Plaintiff faced significant accessibility barriers that prevented him from fully using services when he tried to access it independently to find critical details on placing his order for pickup on his trip to the nearby Casino & Resort. This experience not only hindered his ability to make informed decisions but also violated his rights as a consumer and an individual with a disability, says the suit. The Plaintiff now seeks a permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that its website will become and remain accessible to blind and visually-impaired consumers. LUXUS BOTANICA, L.P. operates the website that engages in cannabis dispensary business in New York.[BN] The Plaintiff is represented by: Jon L. Norinsberg, Esq. Bennitta L. Joseph, Esq. JOSEPH & NORINSBERG, LLC 110 East 59th Street, Suite 2300 New York, NY 10022 Telephone: (212) 227-5700 Facsimile: (212) 656-1889 E-mail: jon@norinsberglaw.com bennitta@employeejustice.com MATTEL INC: Faces Wall Suit Over Unsafe Infant Swings ----------------------------------------------------- GRACE WALL, individually and on behalf of all others similarly situated, Plaintiff v. MATTEL, INC. and FISHER-PRICE, INC. Defendants, Case No. 1:24-cv-01037 (W.D.N.Y., October 25, 2024) is a class action lawsuit under the New York General Business Law on behalf of the Plaintiff and all others similarly situated who purchased Fisher-Price Snuga Swings that are allegedly unsafe for infants. According to the complaint, the Defendants misleadingly, inaccurately, and deceptively advertised and marketed their Fisher-Price Snuga Swing, an infant swing with a front to back and side-to-side motion, to consumers through material safety omissions, specifically by failing to inform consumers that their products presented a serious suffocation risk. Fisher-Price's improper consumer-oriented conduct is misleading in a material way in that it, inter alia, induced Plaintiff and the Nationwide Class to purchase and pay a premium for the Products when they otherwise would not have. As a result of Defendants' unlawful deceptive acts and practices, the Plaintiff and the Nationwide Class are entitled to monetary, compensatory, statutory, treble and punitive damages, restitution and disgorgement of all moneys obtained by means of Fisher-Price's unlawful conduct, interest and attorneys' fees and costs, says the suit. Mattel, Inc. designs, manufactures, and markets a broad variety of children's toy products on a worldwide basis.[BN] The Plaintiff is represented by: Jason P. Sultzer, Esq. SULTZER & LIPARI, PLLC 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 E-mail: sultzerj@thesultzerlawgroup.com - and - Paul J. Doolittle, Esq. POULIN | WILLEY | ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Telephone: (803) 222-2222 E-mail: pauldoolittle@poulinwilley.com cmad@poulinwilley.com MC2 DATA: Smart Sues Over Failure to Secure Sensitive Information ----------------------------------------------------------------- Kathryn Smart, on behalf of herself and all others similarly situated v. MC2 DATA LLC, Case No. 0:24-cv-62006-DSL (S.D. Fla., Oct. 25, 2024), is brought against Defendant for its failure to properly secure and safeguard sensitive information of its clients' prospective employees and tenants. The Plaintiff's and Class Members' sensitive personal information which they provided to Defendant, directly or indirectly, on the mutual understanding that Defendant would protect it against disclosure--was targeted, compromised and unlawfully accessed due to the Data Breach. The Defendant collected and maintained certain personally identifiable information of Plaintiff and the putative Class Members, who are (or were) prospective employees, prospective tenants, and/or other individuals who Defendant conducted a background check on. The personally identifying information ("PII") compromised in the Data Breach was exfiltrated by cyber-criminals and remains in the hands of those cyber-criminals who target PII for its value to identity thieves. The Data Breach was a direct result of Defendant's failure to implement adequate and reasonable cyber-security procedures and protocols necessary to protect consumers' PII from a foreseeable and preventable cyber-attack. Moreover, upon information and belief, Defendant was targeted for a cyber-attack due to its status as a consumer reporting company that collects and maintains highly valuable PII on its systems. The Defendant maintained, used, and shared the PII in a reckless manner. In particular, the PII was used and transmitted by Defendant in a condition vulnerable to cyberattacks. Upon information and belief, the mechanism of the cyberattack and potential for improper disclosure of Plaintiff's and Class Members' PII was a known risk to Defendant, and thus, Defendant was on notice that failing to take steps necessary to secure the PII from those risks left that property in a dangerous condition. The Defendant disregarded the rights of Plaintiff and Class Members by, inter alia, intentionally, willfully, recklessly, or negligently failing to take adequate and reasonable measures to ensure its data systems were protected against unauthorized intrusions; failing to take standard and reasonably available steps to prevent the Data Breach; and failing to provide Plaintiff and Class Members prompt and accurate notice of the Data Breach. The Plaintiff's and Class Members' identities are now at risk because of Defendant's negligent conduct because the PII that Defendant collected and maintained has been accessed and acquired by data thieves, says the complaint. The Plaintiff is a resident and citizen of Gastonia, North Carolina. The Defendant is a company that provides public records and background check services to its clients.[BN] The Plaintiff is represented by: Mariya Weekes, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 201 Sevilla Avenue, 2nd Floor Coral Gables, FL 33134 Phone: (786) 879-8200 Fax: (786) 879-7520 Email: mweekes@milberg.com MCDONALD'S USA: McCray Sues Over Contaminated Products ------------------------------------------------------ Amanda McCray and William Michael Kraft, individually and on behalf of all others similarly situated v. MCDONALD'S USA, LLC, Case No. 1:24-cv-11102 (N.D. Ill., Oct. 29, 2024), is brought on behalf of others similarly situated who purchased McDonald's Quarter Pounder Products (collectively herein "the Products") which were contaminated. Unfortunately, the Products are unfit for their intended consumption because they are contaminated with the harmful bacteria, E. coli. On October 22, 2024, Defendant began investigating the Products due to possible E. coli outbreak. Most people in the outbreak reported eating the Quarter Pounder hamburger at McDonald's before becoming sick. The Products were formulated, designed, manufactured, advertised, sold, and distributed by Defendant or its agents, to consumers, including Plaintiffs, across parts of the United States. Each of the products was manufactured by Defendant, distributed to other locations and then sold to consumers across parts of the United States. Through marketing and sale, Defendant represented that the Products are safe for people, including pregnant women and their newborns, adults aged 65 or older, and people with weakened immune systems. The Plaintiffs and consumers do not know, and did not have a reason to know, that the Products purchased were contaminated with E. coli. Consumers expect the food they purchase to be safe for consumption and not contaminated by harmful bacteria, which can cause a serious infection. At the time of their purchases, Defendant didn't notify Plaintiffs, and similarly situated consumers, of the Product's risk of E. coli through the product labels, instructions, ingredients list, other packaging, advertising, or in any other manner, in violation of state and federal laws. The Plaintiffs purchased the Products, without knowing that Products could infect those who consumed the products, thus causing serious harm to those who use such Products. Because Plaintiffs were injured by the Products and all consumers purchased the worthless and dangerous Products, which they purchased under the presumption that the Products were safe, they have suffered losses, says the complaint. The Plaintiffs became ill following consumption of the Products. The Defendant specializes in the manufacture and marketing of processed foods sold in fast food restaurants across the United States and abroad.[BN] The Plaintiff is represented by: Roy T. Willey, IV, Esq. Paul J. Doolittle, Esq. POULIN | WILLEY | ANASTOPOULO, LLC 32 Ann Street Charleston, SC 29403 Phone: (803) 222-2222 Fax: 843-494-5536 Email: roy@poulinwilley.com pauldoolittle@poulinwilley.com cmad@poulinwilley.com MDS CONSTRUCTION: Butt Sues Over Unpaid Overtime Compensation ------------------------------------------------------------- Muhammad Butt, on behalf of himself and others similarly situated v. MDS CONSTRUCTION MANAGEMENT, LLC, GOHAR CONSTRUCTION CORP., MOR DIAO, and AZHAR BHATTI, Case No. 1:24-cv-08125 (S.D.N.Y., Oct. 25, 2024), is brought pursuant to the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"), that he and others similarly situated are entitled to recover from Defendants: unpaid wages, including overtime compensation, unpaid wages, including overtime compensation, due to policies of time-shaving, liquidated damages, and attorneys' fees and costs. The Plaintiff worked for a total of 40 hours per week. In addition to his scheduled hours, Plaintiff was often required to perform off-the clock work beyond his scheduled shift, for a duration ranging between 45 minutes and 2 hours. Throughout his employment, Plaintiff was required by Defendants to work past his scheduled shifts for approximately between 45 minutes and 2 hours each workday. Despite Defendants requiring this extra work, Defendants only compensated Plaintiff for his scheduled hours, and always failed to compensate Plaintiff for this extra post-shift work. Similarly, FLSA Collective Plaintiffs and Class Members were required by Defendants to work beyond their scheduled shifts without any compensation from Defendants, says the complaint. The Plaintiff was hired by Subcontractor the Defendants to work as a laborer for various construction projects. MDS CONSTRUCTION MANAGEMENT, LLC is a domestic limited liability company organized under the laws of the state of New York.[BN] The Plaintiff is represented by: CK Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Phone: 212-465-1188 Fax: 212-465-1181 METAL CONTAINER: Sanner Suit Removed to C.D. California ------------------------------------------------------- The case styled as Thomas Sanner, an individual and on behalf of all other similarly situated v. METAL CONTAINER (MCC) LP, a Delaware limited liability partnership doing business as METAL CONTAINER CORPORATION; RYAN MORENO, an individual; and DOES 1 THROUGH 100, inclusive, Case No. CVRI2405299 was removed from the Riverside County Superior Court, to the United States District Court for the Central District of California, on Oct. 30, 2024, and assigned Case No. 5:24-cv-02314. The Complaint asserts the following claim on a class-wide basis: failure to pay all overtime wages; failure to pay minimum wages; failure to provide meal periods; failure to provide rest periods: waiting time penalties; wage statement violations; failure to timely pay wages; failure to indemnify; violation of labor code; and violation of the unfair competition law.[BN] The Defendants are represented by: Spencer C. Skeen, Esq. Tim L. Johnson, Esq. Andrew J. Deddeh, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 4660 La Jolla Village Drive, Suite 900 San Diego, CA 92122 Phone: 858-652-3100 Facsimile: 858-652-3101 Email: spencer.skeen@ogletree.com tim.johnson@ogletree.com andrew.deddeh@ogletree.com MONSANTO COMPANY: Greene Suit Transferred to N.D. California ------------------------------------------------------------ The case captioned as Richard Greene, and others similarly situated v. Monsanto Company, DOES 1-50, Case No. 3:24-cv-01118 was transferred from the U.S. District Court for the Northern District of Ohio, to the U.S. District Court for the Northern District of California on Nov. 4, 2024. The District Court Clerk assigned Case No. 3:24-cv-07625-VC to the proceeding. The nature of suit is stated as Personal Inj. Prod. Liability for Product Liability. The Monsanto Company -- https://www.monsanto.com/ -- was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri.[BN] The Plaintiff is represented by: Douglas H. Sanders, Esq. SANDERS PHILLIPS GROSSMAN, LLC Suite 801 Guaynabo, PR 00968 Phone: (787) 331-1140 x8100 Fax: (516) 750-1204 Email: dsanders@thesandersfirm.com MONT BLAC CORP: Padilla Sues Over Failure to Pay All Wages ---------------------------------------------------------- Nicholas Padilla, individually and on behalf of all others similarly situated v. MONT BLAC CORP; and DOES 1 through 100, Case No. 24STCV28493 (Cal. Super. Ct., Los Angeles Cty., Oct. 30, 2024), is brought against the Defendants' Meal Break Violation, Rest Break Violation, Failure to Pay All Hours Worked, Wage Statement Penalties, Willful Misclassification, Unfair Competition and PAGA Allegations. The Defendants unlawfully misclassified Plaintiff and the Aggrieved Employees as independent contractors. Specifically, Plaintiff and the Aggrieved Employees did not perform work outside the usual course of Defendants' business; and as chauffeurs, the Plaintiff and the Aggrieved Employees were not engaged in an independently established trade. The Defendant failed to provide Plaintiff and the Aggrieved Employees with compliant rest breaks because they were required to remain on call and generally on duty during their rest breaks. Despite not being provided with compliant rest breaks, Defendant did not pay premium pay for these missed breaks at Plaintiff and the Aggrieved Employees' regular rate of pay. The Defendants failed to pay Plaintiff and the Aggrieved Employees for all hours worked because they were required to clean their vehicle, go to car washes, and perform other tasks while off the clock. Further, Defendants deducted an hour for each day for lunch break when no meal breaks were provided; thus, the Employer owes Aggrieved Employees one hour of unpaid time worked per shift. The Defendants failed to provide Plaintiff and the Aggrieved Employees with accurate wage statements because the wage statements issued to Plaintiff and the Aggrieved Employees did not accurately list total wages owed and hours worked, among other things, says the complaint. The Plaintiff was employed by Defendants as a chauffer/driver. MONT BLAC CORP. is a California corporation with its principal place of business located in Los Angeles County, California.[BN] The Plaintiff is represented by: Manny Starr, Esq. Daniel Ginzburg, Esq. FRONTIER LAW CENTER 23901 Calabasas Road, Suite 1084 Calabasas, CA 91302 Phone: (818) 914-3433 Facsimile: (818) 914-3433 Email: manny@frontierlawcenter.com dan@frontierlawcenter.com NANCY JOHNSTON: Pyron Files Suit in D. Minnesota ------------------------------------------------ A class action lawsuit has been filed against Nancy Johnston, et al. The case is styled as Allen L. Pyron, Raymond L. Semler, Joe Bellanger, Thomas Bolter, and all others similarly situated v. Nancy Johnston, CEO Minnesota Sex Offender Program - sued in their individual and official capacities; Terry Kneisel, Facility Director - MSOP Moose Lake -- sued in their individual and official capacities; Sue Johnson, Special Services Program Manager - MSOP Moose Lake - - sued in their individual and official capacities; Kevin Moser, Former MSOP - Moose Lake Facility Director - - sued in their individual and official capacities; Dale Stevens, Acquisition Management Specialist/Buyer (AMS) - sued in their individual and official capacities; JPAY Inc., sued in their individual and official capacities; Case No. 0:24-cv-04051-JMB-SGE (D. Minn., Oct. 29, 2024). The nature of suit is stated as Civil Rights Act. Nancy Johnston is the CEO of the Minnesota Sex Offender Program.[BN] The Plaintiff appears pro se. NAPLETON ENTERPRISES: Olsen Files FCRA Suit in N.D. Ill. -------------------------------------------------------- A class action lawsuit has been filed against Napleton Enterprises LLC, et al. The case is captioned as BRIAN OLSEN, individually and on behalf of all others similarly situated v. NAPLETON ENTERPRISES LLC, et al., Case No. 1:24-cv-08904 (N.D. Ill., September 25, 2024). The lawsuit is brought over the Defendants' alleged violation of the Fair Credit Reporting Act. Napleton Enterprises LLC is an automobile retailer doing business in Illinois. [BN] The Plaintiff is represented by: Amy L. Wells, Esq. WELLS LAW OFFICE, INC. 122 South Michigan Avenue, Suite 1390-145 Chicago, IL 60603 Telephone: (773) 762-9104 Facsimile: (312) 205-6362 Email: amywells@equaljusticelaw.com - and - Jordan M. Sartell, Esq. FRANCIS MAILMAN SOUMILAS, P.C. 310 S. County Farm Rd., Suite H Wheaton, IL 60187 Telephone: (215) 735-8600 Email: jsartell@consumerlawfirm.com - and - James A. Francis, Esq. FRANCIS MAILMAN SOUMILAS, P.C. 1600 Market Street, 25th Floor Philadelphia, PA 19103 Telephone: (215) 735-8600 Email: jfrancis@consumerlawfirm.com NATIONAL PACKING: Rivera Sues Over Unpaid Overtime Wages -------------------------------------------------------- Emmanuel De Jesus Perez Rivera, on behalf of himself and other employees similarly situated v. NATIONAL PACKING CORP., JUAN ECHEVERRY A/K/A JUAN ECHEVERRI and JAVIER ROSALES, Case No. 1:24-cv-08123 (S.D.N.Y., Oct. 25, 2024), is brought to remedy violations of the Fair Labor Standards Act ("FLSA") and for violations of the New York Labor Law ("NYLL"), seeking for unpaid overtime, liquidated damages, reasonable attorneys' fees and costs, and all other appropriate legal and equitable relief. The Defendants maintained a policy and practice of requiring Plaintiff and other employees to work in excess of 40 hours per week without providing them overtime compensation required by federal and state law and regulations. The Defendants failed to provided Plaintiff and other similarly situated employees all of the proper and complete notices in English and in their respective primary language, of his/her rate of pay, employer's regular pay day, and such other information as required by NYLL upon being hired or each change in rate of pay, says the complaint. The Plaintiff was employed as a butcher from April 5, 2021 through March 2023. National Packing Corp. is a domestic corporation organized and existing under the laws of the state of New York.[BN] The Plaintiff is represented by: Colin Mulholland, Esq. 36-36 33rd Street, Suite 308 Astoria, NY 11106 Phone: (347) 687-2019 - and - Gennadiy Naydenskiy, Esq. NAYDENSKIY LAW FIRM, LLC 426 Main St, #201 Spotswood, NJ, 08884 Phone: 718-808-2224 NEW TSI HOLDINGS: Fails to Secure Personal Info, Rhames Says ------------------------------------------------------------ GAIL RHAMES, individually and on behalf of others similarly situated, Plaintiff v. NEW TSI HOLDINGS, INC. D/B/A NYSC, Defendant, Case No. 2:24-cv-07527 (E.D.N.Y., October 28, 2024) is an action on behalf of the Plaintiff and all other similarly situated victims as a result of a recent cyberattack and data breach involving the personally identifiable information (PII) of the Defendant. On July 27, 2024, an unknown and unauthorized criminal actor gained access to NYSC's network and exfiltrated, at a minimum, first and last names, Social Security numbers, and passport numbers. As a result of the data breach, Plaintiff and Class Members suffered injury and ascertainable losses in the form of the present and imminent threat of fraud and identity theft, loss of the benefit of their bargain, out-of-pocket expenses, loss of value of their time reasonably incurred to remedy or mitigate the effects of the attack, and the loss of, and diminution in, value of their personal information, says the suit. The Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Class Members' PII that Defendant collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party. New TSI Holdings, Inc., d/b/a NYSC, owns and operates a chain of sports clubs.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. Leanna Loginov, Esq. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com lloginov@shamisgentile.com NEW YORK UNIVERSITY: Hall-Landers Seeks to File Reply Materials --------------------------------------------------------------- In the class action lawsuit captioned as Hall-Landers, v. New York University, Case No. 1:20-cv-03250-GBD-SLC (S.D.N.Y.), the Plaintiff asks the Court to enter an order permitting him to file material in connection with his Reply Memorandum of Law in Support of Motion for Class Certification and the Second Declaration of Sarah N. Westcot in Further Support of Plaintiff's Motion for Class Certification with exhibits under seal. The Plaintiff will publicly file a redacted version of these documents, with all information that is non-confidential unredacted. The reason for this request is that the Reply and exhibits to the Second Westcot Declaration contain Plaintiff's protected and/or private health information, which must be sealed because the Plaintiff has a privacy interest in their health information and because where, as here, Plaintiff's health information is not directly at issue, sealing is appropriate. In its Sept. 19, 2024, Order, this Court found that Plaintiff's protected and/or private health information was properly sealed. As such, the Plaintiff requests that such information be sealed. Further, NYU has marked the deposition transcript of Martin Dorph and Clay Shirky as confidential. As a result of agreeing to the Protective Order, Plaintiff is compelled to submit this motion to file the materials provisionally under seal. Thus, Plaintiff requests that the Court permit Plaintiff to electronically file an unredacted version of Plaintiff's Reply and supporting materials under seal, subject to the Court's discretion to unseal all or some portion of the filings. Absent a ruling on Plaintiff's request to file under seal here, to comply with the Court's scheduling in this matter, Plaintiff will file a redacted version of the materials on the public docket and provide the Court and Defendant with unredacted versions separately. New York University is a private research university in New York City. A copy of the Plaintiff's motion dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=CxxtzD at no extra charge.[CC] The Plaintiff is represented by: Sarah n. Westcot, Esq. BURSOR & FISHER P.A. 701 Brickell Ave., Suite 2100 Miami, FL 33131 Telephone: (305) 330-5512 Facsimile: (305) 679-9006 E-mail: swestcot@bursor.com NEW YORK: DeFreitas Sues Over Violation of Prisoner's Civil Rights ------------------------------------------------------------------ A class action lawsuit has been filed against Raymond A. Tierney. The case is captioned as RUSSELL DEFREITAS, et al., individually and on behalf of all others similarly situated v. RAYMOND A. TIERNEY, Case No. 2:24-cv-06856-NJC-AYS (E.D.N.Y., September 25, 2024). The suit is brought over the Defendant's alleged violation of the Prisoner Civil Rights. [BN] The Plaintiffs appear pro se. NOVA HOME: Savinova Bid to Appeal Class Cert Denial Tossed ---------------------------------------------------------- In the class action lawsuit captioned as Savinova, et al., v. Nova Home Care, LLC, et al., Case No. 3:20-cv-01612 (D. Conn., Filed Oct. 27, 2020), the Hon. Judge Sarala V. Nagala entered an order denying Plaintiffs' motion for leave to appeal the Court's order denying Plaintiffs' motion for class certification. Accordingly, the Court sets this matter for jury selection on Jan. 28, 2025, with evidence to follow immediately thereafter. The Court has several criminal cases also set for jury selection on that date; if any of those cases proceed to trial, they will take precedence, and this case will be moved to the Court's next available jury selection date. The parties' Joint Trial Memorandum and any motions in limine shall be due Dec. 3, 2024. Further directions for the joint trial memorandum may be found on Judge Nagala's page on the Court's website. The suit alleges violation of the Fair Labor Standards Act (FLSA). Nova Home provides a wide spectrum of services.[CC] PATAGONIA INC: Knight Suit Removed to C.D. California ----------------------------------------------------- The case styled as Heather Knight, individually and on behalf of all others similarly situated v. PATAGONIA, INC., Case No. 2024CUBT030800 was removed from the Superior Court of California for the County of Ventura, to the United States District Court for the Central District of California, on Oct. 29, 2024, and assigned Case No. 2:24-cv-09349. The Complaint asserts a claim for violation of Arizona's Telephone, Utility and Communication Service Records Act ("Arizona Records Act"), on behalf of Plaintiff and a putative class of other similarly situated individuals located in Arizona arising from Patagonia's alleged use of tracking pixels in its marketing emails.[BN] The Defendants are represented by: P. Craig Cardon, Esq. Benjamin O. Aigboboh, Esq. Patrick Rubalcava, Esq. SHEPPARD MULLIN RICHTER & HAMPTON LLP 1901 Avenue of the Stars, Suite 1600 Los Angeles, CA 90067-6055 Phone: 310.228.3700 Facsimile: 310.228.3701 Email: ccardon@sheppardmullin.com baigboboh@sheppardmullin.com prubalcava@sheppardmullin.com PEAK HOME HEALTH: Schimanski Sues Over Unpaid Overtime Compensation ------------------------------------------------------------------- Tristin Schimanski, on behalf of herself, individually, and on behalf of all others similarly situated v. PEAK HOME HEALTH CARE, LLC d/b/a PURPOSECARE OF ILLINOIS – JOLIET, Case No. 1:24-cv-10991 (N.D. Ill., Oct. 25, 2024), is brought to redress Defendant's systematic, companywide violations of the Fair Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law ("IMWL"), by knowingly misclassifying Plaintiff and other similarly situated home health clinicians as exempt from the overtime compensation requirements of the FLSA and IMWL. The Defendant knowingly failed to pay its home health clinicians proper overtime premium wages for overtime work they performed pursuant to a hybrid "per visit" and hourly pay scheme that does not comport with the requirements of the FLSA or IMWL. The Defendant directed Plaintiff and other Field Clinicians to work, and they routinely did work, more than 40 hours per week on the various work-related tasks described above. The Defendant routinely suffered and permitted Plaintiff and other Field Clinicians to work overtime hours, but did not pay overtime wages earned at a rate of 1 1/2 times their regular rate of pay for hours worked in excess of 40. The Defendant knew, or should have known, that Plaintiff and other Field Clinicians performed non-exempt work that required payment of overtime compensation because it assigned the work they performed, tracked their performance of their work, and required all Field Clinicians to complete extensive documentation detailing their work and when it was completed, says the complaint. The Plaintiff worked for Defendant full-time as a Physical Therapist. Peak Home Health Care, LLC d/b/a PurposeCare of Illinois – Joliet is a limited liability corporation organized under, and governed by, Illinois law, and a citizen of Illinois.[BN] The Plaintiff is represented by: Ryan F. Stephan, Esq. James B. Zouras, Esq. Teresa M. Becvar, Esq. STEPHAN ZOURAS, LLC 222 W. Adams Street, Suite 2020 Chicago, IL 60606 Phone: (312) 233-1550 Email: rstephan@stephanzouras.com jzouras@stephanzouras.com tbecvar@stephanzouras.com PENNYMAC MORTGAGE: Continues to Defend Verthelyi Class Suit ----------------------------------------------------------- PennyMac Mortgage Investment Trust disclosed in its Form 10-Q 70020cxReport for the quarterly period ending September 30, 2024 filed with the Securities and Exchange Commission on October 30, 2024, that the Company continues to defend itself from Verthelyi class suit in the United States Court for the Central District of California. On June 14, 2024, a purported shareholder of the Company’s Series A Preferred Shares and Series B Preferred Shares (each, as defined hereafter) filed a complaint in a putative class action in the United States District Court for the Central District of California, captioned Roberto Verthelyi v. PennyMac Mortgage Investment Trust and PNMAC Capital Management, LLC, Case No. 2:24-cv-05028 (the "Verthelyi Action"). The Verthelyi Action alleges, among other things, that the Company (and its external investment advisor, PCM), committed unlawful and unfair acts in violation of California's Unfair Competition Law by replacing its floating three-month London Inter-bank Offered Rate ("LIBOR") dividend rate for the Series A and Series B Preferred Shares with a fixed rate, in violation of the LIBOR Act, 12 U.S.C. § 5801 et seq., and the LIBOR Rule, 12 C.F.R. § 253 et seq. The Verthelyi Action seeks injunctive relief requiring the Company to implement SOFR as a replacement to the three-month LIBOR rate and damages for the putative class in the form of restitution, interest, disgorgement and other relief. The Company believes it has interpreted the Articles Supplementary to its Series A and Series B Preferred Shares consistent with their terms and, more specifically, the interest rate fallback provisions contained therein, as applied under the LIBOR Act and the LIBOR rules, and that the Verthelyi Action is without merit. Accordingly, while no assurance can be provided as to the ultimate outcome of this claim, the Company and PCM plan to vigorously defend the matter. Pursuant to the terms of the Third Amended and Restated Management Agreement, dated as of June 30, 2020, by and between the Company and PCM, the Company has assumed the defense of PCM in the Verthelyi Action. The Company and PCM each filed a motion to dismiss the complaint on August 20, 2024. PennyMac Mortgage Investment Trust is a mortgage real estate investment trust that invests primarily in residential mortgage loans and mortgage-related assets.[BN] PETVET CARE CENTERS: Fernandez Sues Over Blind-Inaccessible Website ------------------------------------------------------------------- Devin Fernandez, on behalf of herself and all others similarly situated v. Petvet Care Centers (New York), LLC, Case No. 1:24-cv-07554 (S.D.N.Y., Oct. 29, 2024), is brought against the Defendant for their failure to design, construct, maintain, and operate their website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired persons. The Defendant is denying blind and visually-impaired persons throughout the United States with equal access to the goods and services Self Edge provides to their non-disabled customers through https://www.rivergateveterinaryclinic.com (hereinafter "Rivergateveterinaryclinic.com" or "the website"). The Defendant's denial of full and equal access to its website, and therefore denial of its products and services offered, and in conjunction with its physical locations, is a violation of Plaintiff's rights under the Americans with Disabilities Act (the "ADA"). Because Defendant's website, Rivergateveterinaryclinic.com, is not equally accessible to blind and visually-impaired consumers, it violates the ADA. Plaintiff seeks a permanent injunction to cause a change in We Catch Em's policies, practices, and procedures to 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, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using the computer. Petvet Care Centers provides to the public a website known as Rivergateveterinaryclinic.com which provides consumers with access to veterinary services including examinations, vaccinations, preventive care, diagnostics and treatment which Defendant offers in connection with their physical location.[BN] The Plaintiff is represented by: Gabriel Levy, Esq. GABRIEL A. LEVY, P.C. 1129 Northern Blvd., Suite 404 Manhasset, NY 11030 Phone: +1 347-941-471 Email: Glevyfirm@gmail.com PINNACLE SPECIALTY: Pharr Suit Removed to D. New Mexico ------------------------------------------------------- The case styled as Don Pharr, individually and for others similarly situated v. PINNACLE SPECIALTY GROUP, INC., was removed from the Fifth Judicial District Court, State of New Mexico, County of Lea, to the United States District Court for the District of New Mexico, on Oct. 29, 2024, and assigned Case No. 1:24-cv-01111. The Plaintiff alleges in the Amended Complaint that Defendant violated the Fair Labor Standards Act ("FLSA") by failing to pay overtime premiums.[BN] The Plaintiff is represented by: Justin R. Kaufman, Esq. Philip M. Kovnat, Esq. DURMAN, PITTARD & SPALDING, LLP 505 Cerrillos Rd Suite A209 Santa Fe, NM 87501 Email: jkaufman@dpslawgroup.com pkovnat@dpslawgroup.com - and - Alyssa White, Esq. JOSEPHSON DUNLAP, LLC 11 Greenway Plaza, Ste. 3050 Houston, TX 77046 Email: awhite@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH PLLC 11 Greenway Plaza, Ste. 3025 Houston, TX 77046 Email: rburch@brucknerburch.com The Defendants are represented by: Michael DePonte, Esq. Justin L. Greene, Esq. JACKSON LEWIS P.C. 500 N. Akard Street, Ste. 2500 Dallas, TX 75201 Email: Michael.DePonte@jacksonlewis.com Justin.Greene@jacksonlewis.com PLATINUM WEALTH: Artis Sues Over Unpaid Overtime Compensation ------------------------------------------------------------- Julisa Artis, individually and on behalf of all others similarly situated v. PLATINUM WEALTH VENTURE, LLC d/b/a NEXT LEVEL INSURANCE DIRECT AND DAVID L. POTTER, Case No. 8:24-cv-02538-JLB-CPT (M.D. Fla., Oct. 30, 2024), is brought pursuant to the Fair Labor Standards Act ("FLSA") against Defendants for failure to pay overtime compensation at the lawful and correct rates to non-exempt employees, for all hours worked over 40 each week. The Defendants have maintained a scheme to avoid its obligations to pay overtime wages to its non-exempt employees in order to save thousands of dollars in labor costs and maximize profits, all to the detriment of its employees. The Defendants willfully, or with reckless disregard for the FLSA, underpays Plaintiff and all other sales agents for their overtime hours by failing to pay overtime wages at the required and mandated rate of time and one half the employee's regular rate of pay. The Defendants do not include earned commissions and bonuses in the calculations of the regular rates of pay as required by the FLSA, and have underpaid all sales agents who earned commissions during any workweek he or worked more than 40 hours for the workweek. The Defendants also permit sales agents, including Plaintiff, to suffer to work off the clock, says the complaint. The Plaintiff worked for the Defendants as a sales agent working from the Defendants' office located in Tampa, Florida. PLATINUM WEALTH VENTURE, LLC is a Florida Limited Liability Company.[BN] The Plaintiff is represented by: Mitchell L. Feldman, Esq. FELDMAN LEGAL GROUP 12610 Race Track Road, Suite 225 Tampa, FL 33626 Phone: 813-639-9366 Email: Mfeldman@flandgatrialattorneys.com PORTFOLIO RECOVERY: Mensah Files FDCPA Suit in S.D. New York ------------------------------------------------------------ A class action lawsuit has been filed against Portfolio Recovery Associates, LLC. The case is styled as Angelina A. Mensah, individually and on behalf of others similarly situated v. Portfolio Recovery Associates, LLC, Case No. 1:24-cv-08264-PAE (S.D.N.Y., Oct. 30, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Portfolio Recovery Associates, LLC (PRA Group, Inc.) -- https://www.portfoliorecovery.com/ -- is a publicly traded global debt buyer based in Norfolk, Virginia.[BN] The Plaintiff is represented by: Jonathan Patrick Floyd, Esq. TROUTMAN PEPPER HAMILTON SANDERS, LLP 1001 Haxall Point, Ste. 1500 Richmond, VA 23219 Phone: (804) 697-1435 Fax: (804) 697-1337 Email: jonathan.floyd@troutman.com PRECISION NDT: Court Narrows Claims in HC&D Suit ------------------------------------------------ In the class action lawsuit captioned as HC&D, LLC, v. PRECISION NDT & CONSULTING LLC., and CASHMAN EQUIPMENT CORP., Case No. 1:22-cv-10224-ADB (D. Mass.), the Hon. Judge Allison Burroughs entered an order: -- denying Defendant's motion as to Counts I and II; and -- granting Defendant's motion as to Counts III and IV without prejudice. The Plaintiff has pled facts sufficient to support that it was reasonable for it to rely on Defendant's representations relative to the purchase of the Barge. These include, among others, that Precision "prides itself in providing the highest quality of work" and is an ABS certified Hull Inspection company, that a gauging report is an industry standard, that it is common and accepted marine industry practice for potential vessel purchasers to accept prior reports of a vessel's condition as accurate representations of the condition, and that Defendant is a sophisticated marine construction corporation, knowledgeable in vessel and barge maintenance. In light of these allegations, Defendant’s motion to dismiss Counts I and II is denied. The Plaintiff's allegations are not enough for the Court to find that "the center of gravity of the circumstances that give rise to the claim is primarily and substantially within [Massachusetts]." As such, Defendant's motion to dismiss Count IV is granted. The Plaintiff brought this action against Cashman Equipment Corp. alleging Fraudulent Inducement (Count I), Fraud (Count II), Negligent Misrepresentation (Count III), and violations of Massachusetts General Laws Chapter 93A (Count IV). Precision NDT is a Gulf Coast based company providing turnkey inspections to customers. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=K33674 at no extra charge.[CC] PROGRESSIVE CORPORATION: Greene Files Suit in N.D. Ohio ------------------------------------------------------- A class action lawsuit has been filed against Progressive Corporation. The case is styled as Andrea D. Greene, James M. Vaughn, on behalf of herself and all others similarly situated v. Progressive Corporation, Case No. 1:24-cv-01890-DAR (N.D. Ohio, Oct. 29, 2024). The nature of suit is stated as E.R.I.S.A. for Labor. The Progressive Corporation -- https://www.progressive.com/ -- is an American insurance company.[BN] The Plaintiffs are represented by: Philip J. Krzeski, Esq. CHESTNUT CAMBRONNE - MINNEAPOLIS 100 Washington Avenue South, Ste. 1700 Minneapolis, MN 55401 Phone: (612) 767-3613 Fax: (612) 336-2940 Email: pkrzeski@chestnutcambronne.com RADIO SYSTEMS: Class Cert Hearing in Hernandez Set for Jan. 6, 2025 ------------------------------------------------------------------- In the class action lawsuit captioned as STEVEN HERNANDEZ Individually and on Behalf of All Others Similarly Situated; v. RADIO SYSTEMS CORPORATION, Case No. 5:22-cv-01861-JGB-DTB (C.D. Cal.), the Hon. Judge Jesus Bernal entered an order continuing the hearing and briefing schedule for the summary judgment, Daubert, and class certification motions as follows: -- Deadline for Filing Daubert motions: Nov. 25, 2024 -- Opposition to Motion for Summary Dec. 16, 2024 Judgment and Daubert Motions: -- Reply in Support of Motion for Dec. 23, 2024 Summary Judgment and Daubert Motions: -- Hearing on Motion for Class Jan. 6, 2025 Certification, Motion for Summary Judgment, and Daubert Motions: Radio Systems manufactures and retails pet supplies and accessories. A copy of the Court's order dated Oct. 29, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Giyk6x at no extra charge.[CC] RALEY'S: Saundra Files Employment Suit in Calif. State Court ------------------------------------------------------------ A class action lawsuit has been filed against Raley's. The case is captioned as SMITH SAUNDRA, individually and on behalf of all others similarly situated, v. RALEY'S, Case No. 24CV019351 (Cal. Super., Sacramento Cty., September 25, 2024). The suit is brought over the Defendant's alleged employment violation. A case management conference is set for June 6, 2025, and November 7, 2025, before Judge Lauri A. Damrell. Raley's is a retail company headquartered in West Sacramento, California. [BN] The Plaintiff is represented by: Kristen Michelle Agnew, Esq. Kwanporn Tulyathan, Esq. DIVERSITY LAW GROUP, P.C. 515 S. Figueroa St., Ste. 1250 Los Angeles, CA 90071 Telephone: (213) 488-6555 Facsimile: (213) 488-6554 Email: kagnew@diversitylaw.com ktulyathan@diversitylaw.com READING INTERNATIONAL: Must File Class Cert Response by Nov. 22 --------------------------------------------------------------- In the class action lawsuit captioned as DANIEL VALENTINI and DALLACE BUTLER, individually and on behalf of all others similarly situated, v. READING INTERNATIONAL, INC., Case No. 2:24-cv-00255-RFB-MDC (D. Nev.), the Court entered an order setting the following briefing schedule on the motion for class certification: Defendants' response shall be due: Nov. 22, 2024 Plaintiffs' reply shall be due: Dec. 13, 2024 Reading International owns and operates cinemas and develops, owns, and operates real estate assets. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=MKML7R at no extra charge.[CC] The Plaintiffs are represented by: Anthony G. Simon, Esq. Jeremiah W. Nixon, Esq. THE SIMON LAW FIRM, P.C. 800 Market Street, Suite 1700 St. Louis, MO 63101 - and - Robert T. Eglet, Esq. Erica D. Entsminger EGLET ADAMS EGLET HAM HENRIOD 400 South Seventh Street, Suite 400 Las Vegas, NV 89101 The Defendant is represented by: Mark E. Ferrario, Esq. Tyler Andrews, Esq. Matthew P. Hoxsie, Esq. GREENBERG TRAURIG, LLP 10845 Griffith Peak Drive, Suite 600 Las Vegas, NV 89135 Telephone: (702) 792-3773 Facsimile: (702) 792-9002 E-mail: ferrariom@gtlaw.com tyler.andrews@gtlaw.com hoxsiem@gtlaw.com REPUBLIC SERVICES: Budget Inns Suit Transferred to N.D. Florida --------------------------------------------------------------- The case captioned as Budget Inns of Pensacola Inc., on behalf of itself and all others similarly situated v. REPUBLIC SERVICES, INC., REPUBLIC SERVICES OF SOUTH CAROLINA, LLC, BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., ALLIED WASTE SYSTEMS, INC., and REPUBLIC WASTE SERVICES OF TEXAS, LTD, Case No. 7:22-cv-01242 was transferred from the U.S. District Court for the District of South Carolina, to the U.S. District Court for the Florida on Oct. 30, 2024. The District Court Clerk assigned Case No. 3:24-cv-00540-MCR-ZCB to the proceeding. The nature of suit is stated as Other Contract. Republic Services, Inc. -- https://www.republicservices.com/ -- is a North American waste disposal company whose services include non-hazardous solid waste collection, waste transfer, waste disposal, recycling, and energy services.[BN] The Plaintiff is represented by: Nicholas William Armstrong, Esq. PRICE ARMSTRONG LLC - BIRMINGHAM AL 1919 Cahaba Road Birmingham, AL 35223 Phone: (205) 706-7517 Email: (205) 706-7517 RISEWELL LLC: Watkins Sues Over Misleading Kiddie Toothpaste Ad --------------------------------------------------------------- ALANA WATKINS, individually and on behalf of all others similarly situated, Plaintiff v. RISEWELL LLC, d/b/a RISEWELL, Defendant, Case No. 5:24-cv-07455 (N.D. Cal., October 25, 2024) is a class action lawsuit on behalf of the Plaintiff and other similarly situated consumers who purchased RiseWell Kids Mineral Toothpaste with misleading advertising health claims in violation of California's Consumers Legal Remedies Act, Unfair Competition Law, and False Advertising Law. According to the complaint, the Defendant's brand fits squarely into that growing demand: RiseWell advertises its children's toothpaste as "natural," "safe to swallow," and absolutely chemical free for a child's safe use. Unfortunately for consumers, however, despite the brand's express safety and non-toxic ingredient claims, the product contains (or risks containing) high levels of perfluoroalkyl and polyfluoroalkyl substances, commonly known as PFAS. Because PFAS chemicals do not break down quickly, if at all, these chemicals can build up in the body after repeated exposure and have been linked to "increased cholesterol, changes in the body's hormones and immune system, decreased fertility, and increased risk of certain cancers," the suit asserts. The Plaintiff purchased the product because it was advertised as a natural, completely toxin-free toothpaste alternative that is safe to swallow. She contends that she would not have purchased it, or would not have made the purchase on the same terms, had she known that the product contained (or risked containing) toxic PFAS chemicals. RiseWell LLC, d/b/a RiseWell, produces, manufactures, markets, and sells toothpaste throughout California and the United States.[BN] The Plaintiff is represented by: L. Timothy Fisher, Esq. Joshua R. Wilner, Esq. Joshua B. Glatt, Esq. BURSOR & FISHER, P.A. 1990 North California Blvd., 9th Floor Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 E-mail: ltfisher@bursor.com jwilner@bursor.com jglatt@bursor.com ROBINHOOD MARKETS: Dey Sues Over Unlawful Conduct ------------------------------------------------- Basudeb Dey, individually and on behalf of all others similarly situated v. ROBINHOOD MARKETS, INC., ROBINHOOD FINANCIAL, LLC and ROBINHOOD SECURITIES, LLC, Case No. 3:24-cv-07442 (N.D. Cal., Oct. 25, 2024), is brought to recover damages arising out of Robinhood's unlawful conduct related to its IntraFi Network Deposit Sweep Program (the "Deposit Sweep Program," or the "Program"), by which Robinhood automatically transfers cash from its customers' brokerage accounts into interest-bearing deposit accounts selected by Robinhood at other financial institutions, referred to as the "Program Banks." Ostensibly, the purpose of the Deposit Sweep Program is to provide customers with Federal Deposit Insurance Corporation ("FDIC") insurance and interest on their uninvested cash. Robinhood used its Deposit Sweep Program to generate substantial returns on its customers' cash, almost none of which was returned to its customers in the form of reasonable interest on their deposits. While asserting that it operates the Deposit Sweep Program as its customers' agent, Robinhood retains nearly all the returns its customers' cash generates. Robinhood does this by offering an unreasonably low interest rate on cash in its Deposit Sweep Program--currently 0.01%--to its customers, even as competing financial institutions offer interest rates more than 450 times higher on their own customers' swept cash. The Deposit Sweep Program is primarily a source of income for Robinhood. While its customers receive unreasonable, below-market interest rates on cash held in the Program, Robinhood profits significantly. In 2023 alone, Robinhood earned $120 million from the Deposit Sweep Program. Robinhood designed, implemented, and operated the Deposit Sweep Program to benefit itself at the expense of its customers. Plaintiff, individually and on behalf of the Class, brings this class action to remedy the significant financial harm caused by Robinhood's use of its Deposit Sweep Program to enrich itself at the expense of its customers, and asserts claims against Robinhood for breach of fiduciary duty, gross negligence, breach of the implied covenant of good faith and fair dealing, negligent misrepresentations and omissions, and violation of the California Unfair Competition Law, says the complaint. The Plaintiff has been a retail customer of Robinhood since 2018, when he initially opened a brokerage account with Robinhood. Robinhood operates a financial services platform through which it provides brokerage services to retail customers through its wholly owned subsidiaries Robinhood Financial and Robinhood Securities.[BN] The Plaintiff is represented by: Jennifer L. Joost, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP One Sansome Street, Suite 1850 San Francisco, CA 94104 Phone: (415) 400-3000 Facsimile: (415) 400-3001 Email: jjoost@ktmc.com - and - Joseph H. Meltzer, Esq. Ethan J. Barlieb, Esq. KESSLER TOPAZ MELTZER & CHECK, LLP 280 King of Prussia Road Radnor, PA 19087 Phone: (610) 667-7706 Facsimile: (610) 667-7056 Email: jmeltzer@ktmc.com ebarlieb@ktmc.com RUSSELL CELLULAR: Clarin Files Suit in Cal. Super. Ct. ------------------------------------------------------ A class action lawsuit has been filed against Russell Cellular, Inc. The case is styled as Yamni DeAngelo Clarin, individually, and on behalf of all others similarly situated v. Russell Cellular, Inc., Case No. STK-CV-UOE-2024-0014475 (Cal. Super. Ct., San Joaquin Cty., Oct. 25, 2024). The case type is stated as "Unlimited Civil Other Employment." Russell Cellular, Inc. -- https://russellcellular.com/ -- is an exclusive Verizon Authorized Retailer specializing in wireless communication services.[BN] S. JONES 300: Meggs Sues Over Inaccessible Commercial Property -------------------------------------------------------------- John Meggs, on behalf of all other similarly situated mobility-impaired individuals v. S. JONES 300 L.P., Case No. 2:24-cv-02029-GMN-EJY (D. Nev., Oct. 29, 2024), is brought pursuant to the Americans with Disabilities Act (or "ADA") as a result of the Defendant's inaccessible commercial property. Although over 29 years have passed since the effective date of Title III of the ADA, Defendant has yet to make their facilities accessible to individuals with disabilities. Congress provided commercial businesses one and a half years to implement the Act. The effective date was January 26, 1992. In spite of this abundant lead-time and the extensive publicity the ADA has received since 1990, Defendant continues to discriminate against people who are disabled in ways that block them from access and use of Defendant's Commercial Property and the businesses therein, including the retail shopping store. The ADA prohibits discrimination on the basis of disability and requires landlords and tenants to be liable for compliance. The Plaintiff found the Commercial Property to be rife with ADA violations. Plaintiff encountered architectural barriers at the Commercial Property and wishes to continue his patronage and use of the premises. The Plaintiff has encountered architectural barriers that are in violation of the ADA at the subject Commercial Property and businesses therein. The barriers to access at Defendant's Commercial Property and businesses within the Commercial Property have each denied or diminished Plaintiffs ability to visit the Commercial Property and endangered his safety. The barriers to access, which are set forth below, have likewise posed a risk of injury(ies), embarrassment, and discomfort to Plaintiff and others similarly situated, says the complaint. The Plaintiff is an individual with T10 paraplegia who has been a manual wheelchair user for 33 years and is therefore substantially limited in major life activities due to his impairment. The Defendant, owned and operated a commercial property located in Las Vegas, Nevada.[BN] The Plaintiff is represented by: Robert P. Spretnak, Esq. LAW OFFICES OF ROBERT P. SPRETNAK 8275 S. Eastern Avenue, Suite 200 Las Vegas, NV 89123 Phone: 702-454-4900 Fax: 702-938-1055 Email: bob@spretnak.com - and - George W. Wickhorst, III, Esq. ADADVOCATES LLC 777 Brickell Avenue, Suite 400 Miami, FL 33131 Phone: 305-481-9809 Email: george@adadvocates.org SENIOR HEALTHCARE: Thompson TCPA Suit Transferred to M.D. Florida ----------------------------------------------------------------- The case is styled as Gwendolyn Thompson, individually and on behalf of others similarly situated v. Senior Healthcare Advisors, LLC, Case No. 0:24-cv-60916 was transferred from the U.S. District Court for the Southern District of Florida, to the U.S. District Court for the Middle District of Florida on Oct. 30, 2024. The District Court Clerk assigned Case No. 8:24-cv-02539-WFJ-CPT to the proceeding. The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Senior Healthcare Advisors, LLC -- https://seniorhealthcareadv.com/ -- serves Medicare-eligible beneficiaries with Medicare benefits within Metro New Orleans, its surrounding parishes.[BN] The Plaintiff is represented by: Mohammad Reza Kazerouni, Esq. KAZEROUNI LAW GROUP APC 245 Fischer Ave, D1 Costa Mesa, CA 92626 Phone: (949) 612-9999 Fax: (800) 520-5523 Email: mike@kazlg.com - and - Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 301 E. Bethany Home Road, Ste. C-195 Phoenix, AZ 85012 Phone: (800) 400-6808 Email: ryan@kazlg.com SERVICE FINANCE: Zink Sues Over Undisclosed Loan Financing Fee -------------------------------------------------------------- SHERYL A. ZINK, ISAIAH TRAVIS RODRIGUEZ, STEVEN BRIAN GOMEZ, JOYCE M. ROGERS, and RONALD ALLEN SMITH, individually and on behalf of all others similarly situated, Plaintiffs v. SERVICE FINANCE COMPANY, LLC, Defendant, Case No. 9:24-cv-81340 (S.D. Fla., October 25, 2024) is an action for Defendant's violations of the Truth in Lending Act; deceptive and unfair trade practices laws; and fraudulent inducement, in connection with misrepresentations and fraudulent omissions in the solicitation of consumer loans for the purchase of residential solar energy systems. According to the complaint, the Defendant utilized uniform and standardized misrepresentations to induce homeowners to enter solar loans with Service Finance. The crux of the misrepresentation is that homeowners would pay for the cash value of the solar energy system over the course of a 25-year loan, with a "low" annual percentage rate (APR). However, Service Finance bakes into the "cash value" of the solar energy system an undisclosed financing fee that amounts to nearly 30% of the cash value. Disguising this fee as part of the cash value of the solar energy systems allowed Service Finance to advertise a low APR, says the suit. The Plaintiffs are all consumers who entered loans with Service Finance under the false pretense that the loans were offered at cash value with a low APR. Service Finance Company, LLC is a technology and sales company which has created digital applications to enable loan applications and approvals.[BN] The Plaintiffs are represented by: Amy L. Judkins, Esq. William C. Ourand, Esq. NEWSOME MELTON 201 S. Orange Avenue, Suite 1500 Orlando, FL 32801 Telephone: (407) 648-5977 Facsimile: (407) 648-5282 E-mail: ajudkins@newsomelaw.com ourand@newsomelaw.com SMMB INC: Website Not Accessible to the Blind, Turner Says ---------------------------------------------------------- TAVON TURNER, individually and on behalf of all others similarly situated, Plaintiff v. SMMB INC. d/b/a PURPLE PLAINS, Defendant, Case No. 1:24-cv-08282 (S.D.N.Y., Oct. 31, 2024) alleges violation of the Americans with Disabilities Act. The Plaintiff alleges in the complaint that the Defendant's Web site, www.purpleplains.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. The Plaintiff is represented by: Jon L. Norinsberg, Esq. Bennitta L. Joseph, Esq. JOSEPH & NORINSBERG, LLC 110 East 59th Street, Suite 2300 New York, NY 10022 Telephone: (212) 227-5700 Facsimile: (212) 656-1889 Email: jon@norinsberglaw.com bennitta@employeejustice.com SOUTH CAROLINA: Anders Files ADA Suit in D. South Carolina ---------------------------------------------------------- A class action lawsuit has been filed against State of South Carolina, et al. The case is styled as Joshua Anders, individually and on behalf of all others similarly situated v. State of South Carolina; South Carolina Supreme Court; Chief Justice Donald W. Beatty, in his official capacity; South Carolina Judicial Department; Charleston County Court of Common Pleas; Chief Judge Roger M Young, Sr, in his official capacity; Julie J. Armstrong, in her official capacity; United States District Court for the District of South Carolina; United States of America; Chief Judge Timothy M. Cain; Case No. 1:24-cv-08031 (S.D.N.Y., Nov. 4, 2024). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. South Carolina -- https://sc.gov/ -- is a southeastern U.S. state known for its shoreline of subtropical beaches and marshlike sea islands.[BN] The Plaintiff appears pro se. SOUTHERNCARLSON INC: Lopez Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against SOUTHERNCARLSON, INC., et al. The case is styled as Thomas Lopez, as individuals and on behalf of all others similarly situated v. SOUTHERNCARLSON, INC., RANDY GENTRY, Does 1 - 100, Case No. 24CV021913 (Cal. Super. Ct., Sacramento Cty., Oct. 29, 2024). The case type is stated as "Other Employment Complaint Case." SouthernCarlson -- https://www.southerncarlson.com/ -- operates as a fastening and packaging distributor.[BN] The Plaintiff is represented by: David D. Bibiyan, Esq. BIBIYAN LAW GROUP, P.C. 1460 Westwood Blvd., Ste. 300 Los Angeles, CA 90024-4937 Phone: 310-438-5555 Fax: 310-300-1705 Email: david@tomorrowlaw.com SRG GLOBAL: Court Dismisses Peeler Class Suit --------------------------------------------- In the class action lawsuit captioned as MICHELLE PEELER, on behalf of herself and all others similarly situated, v. SRG GLOBAL COATINGS, LLC, et al., Case No. 1:23-cv-00023-SNLJ (E.D. Mo.), the Hon. Judge Stephen Limbaugh, Jr. entered an order denying defendant 3M's motion to dismiss and Atotech's motion to dismiss. -- The Court holds that plaintiffs have standing to bring their medical monitoring claims. This case is not so much like TransUnion's fact pattern where inaccuracies in credit reports had not been sent out to third parties -- it is more like the other TransUnion plaintiffs that did establish standing. -- Those plaintiffs' inaccurate credit reports were published to third parties, and the Court held they had Article III standing to bring their claim for damages. The Plaintiffs have adequately alleged standing under Article III. The Plaintiff initially filed this putative class action against defendant SRG Global Coatings, LLC in February 2023. The Plaintiffs filed a second amended complaint in April 2024 that added several defendants, including defendants 3M Company and Atotech USA, LLC. The Plaintiffs' complaint alleges injuries and damages resulting from the "migration of hazardous carcinogenic chemicals" and "metals" from defendant SRG's manufacturing facilities in Portageville, Missouri, including hexavalent chromium, chromium, arsenic, PFAS, and nickel, as well as other hazardous chemicals and metals. SRG is a manufacturer of chrome plated plastic parts and coatings for vehicles and household appliances. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=lOITJz at no extra charge.[CC] SSM HEALTH: Hicks Sues Over Unpaid Overtime Wages ------------------------------------------------- TIA HICKS, individually and for others similarly situated v. SSM HEALTH CARE CORPORATION, Case No. 4:24-cv-01447 (E.D. Mo., October 28, 2024) is a collective action brought by the Plaintiff to recover unpaid wages and other damages from the Defendant pursuant to the Fair Labor Standards Act. According to the complaint, Hicks and the other straight time workers regularly work more than 40 hours a workweek. But Hicks and similarly situated workers are not paid required overtime wages when they worked in excess of 40 hours a workweek for SSM. Instead, SSM misclassifies them as independent contractors, says the suit. Plaintiff Hicks worked for SSM as a registered nurse in its DePaul Hospital in Saint Louis, Missouri. SSM Health Care Corporation is a Catholic, non-profit United States health care system.[BN] The Plaintiff is represented by: Tony Pezzani, Esq. ENGELMEYER & PEZZANI, LLC 13321 N. Outer Forty Road, Suite 300 Chesterfield, MO 63017 Telephone: (636) 532-9933 Facsimile: (314) 448-4320 E-mail: tony@epfirm.com - and - Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP, LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 E-mail: mjosephson@mybackwages.com adunlap@mybackwages.com - and - Richard J. (Rex) Burch, Esq. BRUCKNER BURCH, PLLC 11 Greenway Plaza, Suite 3025 Houston, TX 77046 Telephone: (713) 877-8788 Facsimile: (713) 877-8065 E-mail: rburch@brucknerburch.com ST. JOHNS RIVER: Plaintiffs May File SAC by Nov. 19 --------------------------------------------------- In the class action lawsuit captioned as WILLIAM MERRYMAN, et al., v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, et al., Case No. 3:24-cv-00658-MMH-SJH (M.D. Fla.), the Hon. Judge Marcia Morales Howard entered an order that: 1. The amended Complaint for Violation of Civil Rights is stricken. 2. Plaintiffs may file a second amended complaint consistent with the directives of this Order on or before Nov. 19, 2024. Failure to do so may result in a dismissal of this action. 3. The pending motions to dismiss are denied without prejudice as moot. 4. Plaintiffs' Motion for Preliminary Injunction is denied without prejudice. 5. Defendants shall respond to the second amended complaint on or before Dec. 10, 2024. 6. If Defendants file any motions pursuant to Rule 12, Plaintiffs shall have up to and including Jan. 7, 2025, to respond to those motions. The Plaintiffs initiated this action on July 1, 2024, with the filing of a form Complaint for Violation of Civil Rights. On July 22, 2024, the Plaintiffs filed an amended Complaint for Violation of Civil Rights naming fifty-eight Defendants. St. Johns is an environmental regulatory agency of the state of Florida. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=oEZzs9 at no extra charge.[CC] STERLING INFOSYSTEMS: Court Certifies Settlement Class in Grissom ----------------------------------------------------------------- In the class action lawsuit captioned as GRACE GRISSOM, individually and on behalf of those similarly situated, v. STERLING INFOSYSTEMS, INC., Case No. 1:20-cv-07948-VSB (S.D.N.Y.), the Hon. Judge Vernon Broderick entered an order as follows: -- Rule 23(B)(2) Settlement Class Pursuant to Fed. R. Civ. P. 23(b)(2), the Action is preliminarily certified, for settlement purposes only, as a class action on behalf of the following Injunctive Relief Class: "All consumers for whom Sterling matched a record included in a consumer report based on a name developed through a SSN trace from Sept. 25, 2018, through June 4, 2021 wherein the consumer's first name, last name and middle name or middle initial did not exactly match the first name, last name, middle name or middle initial of the record reported. -- Preliminary Certification of Injunctive Relief Class The Court preliminarily finds that the Action and Injunctive Relief Class satisfy the applicable prerequisites for class action treatment under Fed. R. Civ. P. 23. -- Rule 23(B)(3) Settlement Class Pursuant to Fed. R. Civ. P. 23(b)(3), the Action is preliminarily certified, for settlement purposes only, as a class action on behalf of the following Damages Class: "All consumers for whom Sterling matched a record included in a consumer report based on a name developed through a SSN Trace from Sept. 25, 2018, through June 4, 2021 wherein the consumer’s first name, last name and middle name or middle initial did not exactly match the first name, last name, middle name or middle initial of the record reported; and where the consumer either made a dispute to Defendant regarding the report and an amended report was issued or where a pre-adverse action notice was sent to the consumer regarding the report. The Parties estimate that there are approximately 7,469 members of the Damages Class. -- Final Approval The Court shall conduct a hearing on May 7, 202at 2:00pm in Thurgood Marshall U.S. Courthouse, Courtroom 518. Sterling provides human resource services. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=fOWMHQ at no extra charge.[CC] SWIFT TRANSPORTATION: Alvarez Suit Removed to C.D. California ------------------------------------------------------------- The case styled as Reyes Alvarez, as an individual and on behalf of others similarly situated v. Swift Transportation Co. Of Arizona, LLC, Case No. CIVSB2427218 was removed from the San Bernardino County Superior Court, to the U.S. District Court for the Central District of California on Oct. 30, 2024. The District Court Clerk assigned Case No. 2:24-cv-09393 to the proceeding. The nature of suit is stated as Other Labor. Swift -- https://www.swifttrans.com/ -- is a trucking company that is accurate and timely when it comes transportation and logistics.[BN] TALK 4 LESS: Gonzalez Files Employment Suit in Cal. State Court --------------------------------------------------------------- A class action lawsuit has been filed against Talk 4 Less Wireless Communications LLC. The case is captioned as ELIATRIZ BAEZ GONZALEZ, individually and on behalf of all others similarly situated, v. TALK 4 LESS WIRELESS COMMUNICATIONS LLC, Case No. 24STCV24889 (Cal. Super., Los Angeles Cty., September 25, 2024). The suit is brought over the Defendant's alleged employment violation. Talk 4 Less Wireless Communications LLC is a retail company doing business in California. [BN] UBER TECHNOLOGIES: Edwards Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Uber Technologies, Inc. The case is styled as Thomas Edwards, on Behalf of All Other Similarly Situated and in His Capacity as a Private Attorneys General Representative v. Uber Technologies, Inc., Case No. 24CV03654 (Cal. Super. Ct., Butte Cty., Oct. 29, 2024). The case type is stated as "Unlimited Civil Other Employment." Uber Technologies, Inc. -- https://www.uber.com/ -- is an American multinational transportation company that provides ride-hailing services, courier services, food delivery, and freight transport.[BN] The Plaintiff is represented by: Adrian Robert Bacon, Esq. Todd M. Friedman, Esq. Matthew R. Snyder, Esq. LAW OFFICES OF TODD M FRIEDMAN PC 21031 Ventura Blvd., Ste. 340 Woodland Hills, CA 91364-6522 Phone: 323-306-4234 Fax: 866-633-0228 Email: abacon@toddflaw.com tfriedman@toddflaw.com msnyder@toddflaw.com UNDER ARMOUR: Rappaport Files Suit in E.D. New York --------------------------------------------------- A class action lawsuit has been filed against Under Armour, Inc., et al. The case is styled as Linda Rappaport, on behalf of herself and all others similarly situated v. Under Armour, Inc., Does 1-50, inclusive, Case No. 2:24-cv-07558-SIL (E.D.N.Y., Oct. 29, 2024). The case type is stated as "Other Employment Complaint Case." Under Armour, Inc. -- https://www.underarmour.com/en-us/ -- is an American sportswear company that manufactures footwear and apparel headquartered in Baltimore, Maryland.[BN] The Plaintiff is represented by: Gary F. Lynch, Esq. LYNCH CARPENTER LLP 1133 Penn Avenue 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: Gary@lcllp.com UNIVERSAL IRON WORKS: Mora Files Suit in Cal. Super. Ct. -------------------------------------------------------- A class action lawsuit has been filed against Universal Iron Works, Inc., et al. The case is styled as Benjamin Azael Valdez Mora, individually and on behalf of similarly situated former and current aggrieved employees v. Universal Iron Works, Inc., E3 HR, Inc., Does 1 to 50, Case No. 24VECV05413 (Cal. Super. Ct., Los Angeles Cty., Nov. 4, 2024). Universal Ironworks -- https://www.universalironworksusa.com/ -- sources recycled metal and transforms them into Decor for Home & Garden.[BN] The Plaintiff is represented by: Zorik Mooradian, Esq. MOORADIAN LAW, APC 24007 Ventura Blvd., Suite 210 Calabasas, CA 91302 Phone: (818) 487-1998 Fax: (888) 783-1030 Email: zorik@mooradianlaw.com UNIVERSITY MECHANICAL: Allmaras Suit Removed to S.D. California --------------------------------------------------------------- The case styled as Brock Allmaras, on behalf of others similarly situated v. University Mechanical & Engineering Contractors, Inc., Does 1 through 50, inclusive, Case No. 24CU004291C was removed from the Superior Court of the State of California, to the U.S. District Court for the Southern District of California on Oct. 29, 2024. The District Court Clerk assigned Case No. 3:24-cv-02021-GPC-SBC to the proceeding. The nature of suit is stated as Other Contract for Contract Dispute. University Mechanical & Engineering Contractors (UMEC) -- https://umec-ca.com/ -- provides design/build, design/assist, HVAC, plumbing, sheet metal, and process piping services.[BN] The Plaintiffs are represented by: Lauren Nicole Vega, Esq. Nicholas J. Ferraro, Esq. Xavier Lamont Woodford, Esq. FERRARO VEGA EMPLOYMENT LAWYERS, INC. 3333 Camino Del Rio South, Suite 300 San Diego, CA 92108 Phone: (619) 693-4307 Email: lauren@ferrarovega.com nick@ferrarovega.com xavier@ferrarovega.com The Defendants are represented by: Alejandra Gallegos, Esq. Pejmon Dustin Bodaghi, Esq. LITTLER MENDELSON, P.C. 18565 Jamboree Road, Suite 800 Irvine, CA 92612 Phone: (559) 244-7500 Email: agallegos@littler.com dbodaghi@littler.com - and - Joshua D. Kienitz, Esq. LITTLER MENDELSON 1255 Treat Boulevard, Suite 600 Walnut Creek, CA 94597 Phone: (415) 399-8451 Email: jkienitz@littler.com VARIABLE ANNUITY LIFE: Michalik Suit Transferred to S.D. Texas -------------------------------------------------------------- The case captioned as Debra Michalik, individually and on behalf of all others similarly situated v. The Variable Annuity Life Insurance Company formerly known as: Variable Annuity Life Insurance Company, Case No. 1:24-cv-06995 was transferred from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the Southern District of Texas on Oct. 30, 2024. The District Court Clerk assigned Case No. 4:24-cv-04218 to the proceeding. The nature of suit is stated as Other Contract for Contract Dispute. The Variable Annuity Life Insurance Company -- https://www.annuityadvantage.com/ -- or VALIC, a subsidiary of Corebridge Financial, Inc., is an insurance corporation that specializes in tax-qualified retirement plans, supplemental tax-deferred and after-tax investments.[BN] The Plaintiff is represented by: Leonard Aragon, Esq. Robert B Carey, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 11 West Jefferson Street, Suite 1000 Phoenix, AZ 85003 Phone: (602) 840-5900 Fax: (602) 840-3012 Email: rob@hbsslaw.com - and - Daniel J. Kurowski, Esq. HAGENS BERMAN SOBOL SHAPIRO LLP 455 North Cityfront Plaza Drive, Suite 2410 Chicago, IL 60611 Phone: (708) 628-4960 The Defendants are represented by: Jessica L. Lewis, Esq. WILMER CUTLER PICKERING HALE & DORR LLP One Front Street, Suite 3500 San Francisco, CA 94111 Phone: (628) 235-1160 - and - Kathryn Diane Zalewski, Esq. WILMER CUTLER PICKERING HALE AND DORR LLP 2600 El Camino Real, Suite 400 Palo Alto, CA 94306 Phone: (650) 858-6121 - and - Timothy Perla, Esq. WILMER CUTLER PICKERING HALE & DORR LLP 60 State St Boston, MA 02109 Phone: (617) 526-6696 VICEROY IMPROVEMENT: Faces Gavaldon Labor Suit in Cal. Super. ------------------------------------------------------------- A class action lawsuit has been filed against VICEROY IMPROVEMENT LLC, et al. The case is captioned as RAYMON GAVALDON on behalf of other members of the general public similarly situated v. VICEROY IMPROVEMENT LLC, et al., Case No. 24CV019256 (Cal. Super., Sept. 24, 2024). The suit is brought over alleged employment violations. The case is assigned to the Hon. Judge Jill H. Talley. Viceroy operates in the Services industry, specifically in Single family Housing Construction.[BN] The Plaintiff is represented by: Molly Desario, Esq. WILSHIRE LAW FIRM 3055 Wilshire Blvd 12th floor Los Angeles, CA 90010 Telephone: (213) 685-0051 VOLT MANAGEMENT: Gonzalez Suit Removed to E.D. California --------------------------------------------------------- The case styled as Maribel Gonzalez, as an individual and on behalf of all others similarly situated v. VOLT MANAGEMENT CORP.; a Delaware Corporation; IKEA DISTRIBUTION SERVICES, INC., a Delaware Corporation; and DOES 1 through 100, inclusive, Case No. BCV-24-103281 was removed from the Superior Court of the State of California in and for the County of Kern, to the United States District Court for the Eastern District of California, on Nov. 4, 2024, and assigned Case No. 1:24-cv-01348-KES-CDB. The Plaintiff's Complaint pleads causes of action for: failure to provide meal periods in violation of California Labor Code; failure to provide rest periods in violation of California Labor Code; failure to reimburse necessary business expenditures in violation of Labor Code; failure to provide compliant wage statements in violation of California Labor Code; and unfair competition in violation of California Business & Professions Code.[BN] The Defendants are represented by: Shareef S. Farag, Esq. Kerri H. Sakaue, Esq. Matthew P. Eaton, Esq. BAKER & HOSTETLER LLP 1900 Avenue of the Stars, Suite 2700 Los Angeles, CA 90067 Phone: 310.820.8800 Facsimile: 310.820.8859 Email: sfarag@bakerlaw.com ksakaue@bakerlaw.com meaton@bakerlaw.com WASHINGTON: Thomason Complaint Dismissed w/ Prejudice ----------------------------------------------------- In the class action lawsuit captioned as LANCE A. THOMASON, v. STATE OF WASHINGTON, SPOKANE COUNTY PROSECUTING ATTORNEY, COUNTY CITY PUBLIC SAFETY BUILDING, Case No. 2:24-cv-00277-MKD (E.D. Wash.), the Hon. Judge Mary Dimke entered an order that: 1. Plaintiff's Complaint is dismissed with prejudice. 2. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal of this Order would not be taken in good faith. The Clerk of Court is directed to enter this Order, enter judgment, provide copies to Plaintiff, and close the file. The Plaintiff did not file his federal civil rights complaint until Aug. 12, 2024. He has not provided any facts to show that he qualifies for equitable tolling of his claims. Therefore, the Plaintiff's claims appear to be barred by the statute of limitations. The Plaintiff is not qualified to pursue claims on behalf of other individuals or to protect their interests. The Plaintiff appears to allege that his Fourteenth Amendment due process rights were violated when the jury was improperly instructed during his state court robbery trial on January 14, 2020. Washington is a state in the Pacific Northwest region of the United States. A copy of the Court's order dated Oct. 30, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=zgdSFE at no extra charge.[CC] WYSOCKI BROTHERS: Huezo-Hoopo Suit Seeks Laborers' Unpaid Overtime ------------------------------------------------------------------ JASON HUEZO-HOOPO, on behalf of himself and all others similarly situated, Plaintiff v. WYSOCKI BROTHERS HOME SERVICES, INC., WYSOCKI BROTHERS REMODELING, INC., WYSOCKI BROTHERS CONSTRUCTION CO., INC., WYSOCKI BROTHERS KITCHEN & BATH, INC., KARL WYSOCKI, and TIM WYSOCKI, Defendants, Case No. 1:24-cv-04306-AT (N.D. Ga., September 25, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and fraudulent filing of tax returns. The Plaintiff was employed by the Defendants as a laborer from 2019 to August 14, 2024. Wysocki Brothers Home Services, Inc. is a construction company based in Georgia. Wysocki Brothers Remodeling, Inc. is a construction company based in Georgia. Wysocki Brothers Construction Co., Inc. is a construction company based in Georgia. Wysocki Brothers Kitchen & Bath, Inc. is a construction company based in Georgia. [BN] The Plaintiff is represented by: Brandon A. Thomas, Esq. THE LAW OFFICES OF BRANDON A. THOMAS, PC 1 Glenlake Parkway, Suite 650 Atlanta, GA 30328 Telephone: (678) 862-9344 Facsimile: (678) 638-6201 Email: brandon@overtimeclaimslawyer.com ZONI LANGUAGE: Ortega Sues Over Unpaid Minimum, Overtime Wages -------------------------------------------------------------- Princesa Ortega and Nathalia Garcia, on behalf of themselves, and those similarly situated v. ZONI LANGUAGE CENTERS, INC. (d/b/a) ZONI LANGUAGE CENTERS), ZONI LANGUAGE CENTERS-FLUSHING, LLC, (d/b/a ZONI LANGUAGE CENTERS) JULIO NIETO, jointly and severally, Case No. 1:24-cv-08223 (S.D.N.Y., Oct. 29, 2024), is brought to recover unpaid minimum wage, overtime, unlawfully withheld overtime premium, and statutory penalties for notice-and-recordkeeping in violation of the Fair Labor Standards Act ("FLSA"), and the New York Labor Law ("NYLL") and/or the New Jersey Wage and Hour Law ("NJWHL") and the New Jersey Wage Payment Law ("NJWPL"). The Defendants have violated notice-and-recordkeeping requirements by failing to provide statements along with wages listing the name of employee, name of employer, address and phone number of employer, rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other gross wages, deductions, allowances, if any, claimed as part of the minimum wage, and net wages. Defendants have further violated the requirement that they provide, upon employee request, explanations of how wages were calculated in violation of NYLL. The Defendants failed to pay Plaintiffs Ortega and Garcia at the overtime rate for all hours in excess of 40 hours per workweek, in violation of the overtime provisions of FLSA and NYLL and/or N.J.S.A. and regulations promulgated thereunder, says the complaint. The Plaintiffs were employed as customer sales representatives. ZONI LANGUAGE CENTERS, INC. is a New York Corporation doing business as Zoni Language Centers with approximately 10 locations in New York state, as well as locations in Florida and New Jersey.[BN] The Plaintiff is represented by: Ria Julien, Esq. JULIEN MIRER & ASSOCIATES, PLLC 300 Cadman Plaza West, 12th Floor Brooklyn, NY 11201 Phone: (212) 231-2235 Email: rjulien@julienmirer.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2024. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***