/raid1/www/Hosts/bankrupt/CAR_Public/241202.mbx
C L A S S A C T I O N R E P O R T E R
Monday, December 2, 2024, Vol. 26, No. 241
Headlines
18TH AND WALNUT: Website Inaccessible to the Blind, Delacruz Says
3M COMPANY: Roth Sues Over Exposure to Toxic Aqueous Foams
ABBOTT LABORATORIES: Walters FLSA Suit Transferred to S.D. Ohio
AEROPLAN INC: Faces Class Suit Over Rescinded Welcome Bonus Points
ALBERTSONS COMPANIES: Arroyo Fraud Suit Removed to C.D. Calif.
ALDO US: Nouri Files Employment Suit in California State Court
ALLY SENIOR: Salaiz Sues Over Unsolicited Telemarketing Calls
AMAZON.COM SERVICES: March 6, 2023 Judgment in Hamilton Vacated
AVANQUEST NORTH: Fernandez Renewal Scheme Suit Removed to C.D. Cal.
BARBOUR INC: Website Inaccessible to the Blind, Riley Says
BAY ALARM COMPANY: Edwards Sues Over Unpaid Compensation
BECHTEL GLOBAL: Hanigan Suit Seeks to Certify Rule 23 Class Action
BIMBO BAKERIES: Hollen Suit Seeks to Recover Unpaid Wages
BIO-LAB INC: Dobbins Files Suit in Ga. Ct.
BIO-LAB INC: Hullum Sues Over Negligence and Other Misconduct
BIO-LAB INC: Lynch Files Suit in Ga. Ct.
BIO-LAB INC: Tartt Sues Over Property-Related Damages
BLOOMBERG LP: Ndugga Suit Referred to Magistrate Judge
BUCKET LISTERS: Faces Rios Suit Over Undisclosed Ticket Fees
BUFFALO WILD: Seeks to Decertify Pender Collective Action
BURTECH ACQUISITION: M&A Investigates Proposed Merger With Blaize
BYTEDANCE INC: Young Seeks To File Class Cert Reply Under Seal
CAMDEN DEVELOPMENT: Class Cert. Filing in Sutton Due March 3, 2025
CARNIVAL CORP: Class Cert Deadlines Order Entered in Price Suit
CENTIMARK CORP: Bid for Initial Certification Tossed w/o Prejudice
CERES CLASSIC: Continues to Defend Camelot Event Class Suit
CERES CLASSIC: Continues to Defend Interest Rate Swaps Class Suit
CHURCH & DWIGHT: A.D. Sues Over Unlawful Disclosure of PII & PHI
CITIGROUP GLOBAL: Seeks Leave to File Class Cert Exhibits in Loomis
COLGATE-PALMOLIVE CO: Sued Over Bacteria-Contaminated Toothpastes
COLUMBUS REGIONAL: Todd Sues Over Failure to Secure PII & PHI
COMERICA BANK: Court Extends Time to File Class Cert Reply
CRESCENT SAFETY: Johnson FLSA Suit Transferred to S.D. Texas
CRICKET WIRELESS: Lively Suit Transferred to D. Minnesota
CROWN EQUIPMENT: Egbert Suit Removed to N.D. Ohio
CUSTOM FAT LOSS: Sherley Files TCPA Suit in W.D. Kentucky
DELTA AIR: Sandhu Labor Suit Removed to N.D. Calif.
DENTSPLY SIRONA: SAFPPF Seeks to Certify Class Action
DICKSON-DIVELEY MIDWEST: Berberich Suit Removed to W.D. Mo.
DZS INC: Continues to Defend Shim Securities Class Suit
ECHOSTAR CORP: Continues to Defend Data Breach Class Suit
ECHOSTAR CORP: Subsidiary Continues to Defend Jones 401(k) Suit
ECHOSTAR CORP: Subsidiary Continues to Defend Lingam Suit
EIDP INC: Parties Seek to Extend Class Cert Deadlines
EL QUETZALITO: Faces Salvador Wage-and-Hour Suit in E.D.N.Y.
ELLINGTON SERVICE: Sends Unwanted Telemarketing Calls, Tom Claims
EQUIFAX INFORMATION: Cassaro Files FCRA Suit in M.D. Florida
ESKATON PROPERTIES: Faces Osborn Employment Suit in Cal. State Ct.
EXPRESS SERVICES: Karli Sues Over Failure to Secure PII
FATE THERAPEUTICS: Continues to Defend Hadian Securities Class Suit
FISHER-PRICE INC: Gates et al. Sue Over Defective Snuga Wings
FLYWHEEL ENERGY: Eubanks Bid for Class Certification Terminated
FLYWHEEL ENERGY: Eubanks Seeks to Withdraw Class Certification Bid
FLYWHEEL ENERGY: Flowers Seeks to Withdraw Class Certification Bid
FLYWHEEL ENERGY: Oliger Bid for Class Certification Terminated
FOOTWEAR UNLIMITED: Garcia Suit Removed to D. California
FROEDTERT HEALTH: Parties Seek More Time to File Class Response
GAINSCO AUTO INSURANCE: Taylor Files TCPA Suit in N.D. Texas
GENERAL DYNAMICS: Lopez Suit Removed to S.D. California
GETGENAI INC: Kornuta Sues Over Failure to Pay Wages
GILMORE SERVICES: Faces Class Action Over Labor Law Violations
GLOBAL E-TRADING: Bids for Summary Judgment Due Feb. 5, 2025
GOOGLE INC: Plaintiffs Seek to Remove Incorrectly Filed Docs
GOOGLE INC: Suit Seeks to Seal Renewed Bid for Class Certification
HILCORP ENERGY: Class Cert Bid Filing Extended to Jan. 27, 2025
HILCORP ENERGY: Parties Seek Modification of Sept. 6, 2024 Order
HILTON RESORTS: Galvez Sues Over Unlawful Pay Practices
HONEST CO: Continues to Defend Consolidated IPO Class Suit
HOT TOPIC: Fails to Protect Customers' Personal Info, Marshall Says
HOT TOPIC: Garrett Sues Over Alleged Private Data Breach
HUEL INC: Mitchener Suit Removed to C.D. California
HUMANA INC: Seeks Extension to File Class Cert Opposition
IC SYSTEM: Seeks Leave to File Sur-Reply Brief in Lezark Lawsuit
ICHOR SYSTEMS: Nodora Sues Over Unpaid Compensation
IDAHO: MH Suit Seeks to Certify Class for Declaratory Relief
IMMACULATE HOME: Filing for Class Cert Bid Due May 30, 2025
IMMUNITYBIO INC: Continues to Defend Salzman Securities Class Suit
J. PRITCHARD: Delacruz Seeks Equal Website Access for the Blind
KAI USA: Website Inaccessible to the Blind, Herrera Suit Alleges
KATE BROWN: Delao Files Suit in D. Oregon
KIEWIT CORP: Graham Seeks Electrical Engineers' Unpaid OT
KROGER CO: Class Cert Ruling Entered in Kirkbride Lawsuit
KROGER CO: Court Stays Solano Suit
LEMONS & OLIVES: Faces Quishpe Class Suit Over Sexual Harassment
LENS.COM INC: Martin Suit Removed from State Court to S.D. Fla.
LIVE NATION: Continues to Defend Antitrust Class Suit in New York
LIVE NATION: Continues to Defend Heckman Antitrust Consumer Suit
MACY'S INC: Evans Sues Over Unlawful Disclosure of Private Info
MARA HOLDINGS: Continues to Defend Langer Securities Class Suit
MARINUS PHARMACEUTICALS: Continues to Defend Bishins Class Suit
MC2 DATA: Bujok Sues Over Unauthorized Access of Consumers' Info
MDL 2873: Exposed Military Members to PFAS, Morse Suit Alleges
MDL 2873: Faces Baker Suit Over Exposure to Toxic AFFF Products
MDL 2873: McPherson Sues Over Injury Sustained From AFFF Products
MEDICAL PROPERTIES: Continues to Defend Securities Suit in Alabama
MEDICAL PROPERTIES: Continues to Defend Securities Suit in S.D.N.Y.
MERCEDES-BENZ USA: Class Cert Bid Fling Extended to April 25, 2025
MIDLAND NATIONAL: Class Cert. Filing in Taylor Due Sept. 22, 2025
MOSAIC CO: Subsidiary Continues to Defend Cruz Class Suit
NAILS & SPA: Lee Suit Seeks Approval of FLSA Class Notice
NAILS & SPA: Must File Class Cert Opposition by Dec. 2
NAPHCARE U.S.: Labios Files Suit in Cal. Super. Ct.
NEW ERA: Filing of Conditional Class Cert Bid Extended to Dec. 18
NEW YORK, NY: Amended Order Entered in Campbell Class Action
NEW YORK, NY: Class Settlement in Pierre Suit Gets Final Nod
NORDVPN SA: Peterson Sues Over Automatic Subscription Renewal
NORTH AMERICAN: Class Cert. Filing in Bartlett Due Sept. 22, 2025
NUTS.COM INC: Garcia Sues Over Alleged Invasion of Privacy
ON24 INC: Continues to Defend Securities Class Suit
ORACLE AMERICA: Settlement Class in Katz-Lacabe Gets Certification
OUTBACK STEAKHOUSE: Parties Must Resubmit Case Management Plan
PACIFIC DENTAL: Underpays Operations Managers, Munoz Suit Alleges
PARAGON 28 INC: Continues to Defend Ellington Securities Class Suit
PARAGON 28 INC: Continues to Defend Tiedt Securities Class Suit
PERRY JOHNSON: O'Neill Suit Transferred From N.D. Ill. to E.D.N.Y.
PLR WORLDWIDE: Nguyen Sues Over Addictive Video Game Features
RED BIRD: Commercial Property Violates ADA, Pardo Suit Says
RITTER LAW: Church Seeks Class Settlement Initial Approval
ROMEO'S PIZZA: Must File Class Cert. Bid Response by Dec. 2
ROMEO'S PIZZA: Seeks More Time to File Class Cert. Reply
RUSSELL COUNTY, AL: Judge Recommends Class Cert Bid Denial
SAN FRANCISCO, CA: Settlement Hearing in Anderson Set for Dec. 12
SANTANDER BANK: Almanzar Seeks Leave to File Exhibits Under Seal
SANTANDER BANK: Almanzar Suit Seeks to Certify Rule 23 Class
SELECT REHABILITATION: Class Cert Date Order Entered in McLaughlin
SELIP & STYLIANOU: Tomaine Suit Seeks Rule 23 Class Certification
SENDWELL INC: Court Certifies Two Classes in Champion TCPA Lawsuit
SET FORTH INC: Minor Sues Over Data Breach and Stolen PII
SET FORTH: Halkias Sues Over Unauthorized Access of Consumers' Info
SFM LLC: Milan Sues Over False and Deceptive Advertising
SHEET METAL: Settlement in Campa Suit Gets Initial Final Nod
SIRIUS XM: Campbell "Telemarketing" Suit Seeks to Certify Class
SKYC MANAGEMENT: Collective Action Wins Conditional Certification
SMARTDRIVE SYSTEMS: Chattic Class Suit Removed to S.D. Ill.
SNAPFISH LLC: Elyashiv Files TCPA Suit in S.D. Florida
SPRING FERTILITY: Cantu Files Suit in Cal. Super. Ct.
STATE FARM MUTUAL: Bordiuk Suit Removed to D. Montana
STEVEN PAUL: Seeks Reconsideration of Nov. 7, 2024 Order
STURM & RUGER: Parties Must File Status Report in Jones by Dec. 6
SUNNOVA ENERGY: Martinez Suit Removed to C.D. California
SUNRISE METAL: Nolasco Sues Over Unpaid Overtime Wages
SUSQUEHANNA UNIVERSITY: Gladfelter Seeks Initial OK of Settlement
SUSQUEHANNA UNIVERSITY: Settles Pandemic Class Suit for $675,000
SWEDISH MATCH: Neumark Sues Over Sherman Act Violation
TAILORED SHARED: Appeals Remand Order in Marshall Suit to 9th Cir.
TAKARA SAKE: Tunick's Bid for Class Cert. Extended to Dec. 20
TAPESTRY INC: Riley Seeks Equal Website Access for the Blind
TARGET CORP: Judge Denies Motion to Dismiss BIPA Class Action Suit
TESLA INC: Faces Class Action Suit Over Phantom Braking Defect
TICKETMASTER LLC: Overcharges Ticket Buyers, Hogan Suit Claims
TIMOTHY WARD: Court Adopts Magistrate Judge's Endorsement
TOTAL RELOCATION: Jackson Class Cert Bid Partly OK'd
TOYOTA MOTOR: Class Settlement in Murphy Lawsuit Gets Approval
TRANSAMERICA LIFE: Parties Seek Class Cert Deadlines Extension
TS SOLUTIONS: Culbertson Files TCPA Suit in M.D. Florida
TWITTER INC: Ma Bid for Class Certification Tossed
TYSON FOODS: Court Extends Time to File Class Certification Bid
TYSON FOODS: McBride Seeks More Time for Class Certification Bid
UIPATH INC: Class Certification Bid in Severt Due Feb. 28, 2025
UNITED AIRLINES: Class Cert. Bid Filing in Hughes Due April 7, 2025
UNITED STATES: Cortez Files Placeholder Class Cert Bid
UNITED STATES: Sarmiento Amended Complaint Dismissed w/o Prejudice
UNITED STATES: Standing Order Entered in Vichare Class Action
UNITEDHEALTH GROUP: Imperial Suit Transferred to D. Minnesota
UNIVERSAL SPORTING: Blind Users Can't Access Website, Harrell Says
V12 SOFTWARE: Class Cert Bid Filing in Claxton Due August 8, 2025
VISA INC: Fletcher Sues Over Anticompetitive Conduct
VROOM INC: Continues to Defend Consolidated Securities Class Suit
WEBSTER US LLC: Raheel Sues Over Blind-Inaccessible Website
WESTERN MILLING: Faces Torres Employment Suit in Cal. State Court
WICHITA, KS: Clingerman Seeks Extension to Disclose Expert Reports
WM WHOLESALE: Hernandez Sues Over Delta-8 Vape Products' False Ads
WORKWAVE LLC: Rogers Suit Alleges Unprotected Personal Info
ZETA GLOBAL: Faces Class Action Suit Over Misleading Statements
*********
18TH AND WALNUT: Website Inaccessible to the Blind, Delacruz Says
-----------------------------------------------------------------
EMANUEL DELACRUZ, on behalf of himself and all other persons
similarly situated, Plaintiff v. 18TH AND WALNUT LLC, Defendant,
Case No. 1:24-cv-08779 (S.D.N.Y., November 18, 2024) accuses the
Defendant of violating the Americans with Disabilities Act, the New
York State Human Rights Law, and the New York City Human Rights
Law.
The violations stem from Defendant's failure to design, construct,
maintain, and operate its interactive website, www.dagnedover.com,
to be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons.
By failing to make its website available in a manner compatible
with computer screen reader programs, Defendant deprives Plaintiff
and other blind and visually-impaired individuals the benefits of
its online goods, content, and services--all benefits it affords
non-disabled individuals, says the suit.
The 18th and Walnut LLC operates the Dagne Dover online interactive
website which offers information about the company's collection of
bags, handbags, travel bags, gym bags, and laptop bags. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Dana@Gottlieb.legal
Jeffrey@Gottlieb.legal
3M COMPANY: Roth Sues Over Exposure to Toxic Aqueous Foams
----------------------------------------------------------
Saul Roth, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:24-cv-06746-RMG (D.S.C., Nov. 21, 2024), is brought for damages
for personal injury resulting from exposure to 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.
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, promoted, sold, and/or
otherwise inappropriately disposed of PFAS chemicals with knowledge
that it was highly toxic and bio persistent, which would expose
plaintiff to the risks associated with PFAS.
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 Plaintiff was unaware of the dangerous PFAS in their drinking
water and unaware of the toxic nature of the Defendants' PFAS in
general. Plaintiff's consumption of PFAS from Defendants'
contamination and inappropriate disposal 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'
PFAS at various locations. Plaintiff further seeks injunctive,
equitable, and declaratory relief arising from the same, says the
complaint.
The Plaintiff was exposed to PFAS chemicals through drinking water
both at home and at their place of work, due to contamination on
behalf of the defendants, and potential AFFF sources and was
diagnosed with hypothyroidism as a result of exposure to
Defendants' PFAS contamination.
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:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Phone: 631-600-0000
Facsimile: 631-761-0467
ABBOTT LABORATORIES: Walters FLSA Suit Transferred to S.D. Ohio
---------------------------------------------------------------
The case is styled as Lucas Walters, Queen Blanton, , on behalf of
themselves and others similarly situated v. Abbott Laboratories,
Inc., Procter & Gamble Manufacturing Company, SPD Swiss Precision
Diagnostics GmBH, Church & Dwight Co, Inc., Target Corporation,
Walgreen Co., Alere, Walmart Inc., Case No. 1:24-cv-07037 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 Ohio on Nov. 21, 2024.
The District Court Clerk assigned Case No. 2:24-cv-04186-ALM-KAJ to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Abbott Laboratories -- https://www.abbott.com/ -- is an American
multinational medical devices and health care company with
headquarters in Abbott Park, Illinois, United States.[BN]
The Plaintiffs are represented by:
Adam C. Gedling, Esq.
Kelsie Nicole Hendren, Esq.
Tristan Thomas Akers, Esq.
Matthew James Porter Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite 126
Columbus, OH 43220
Phone: (614) 949-1181
Fax: (614) 386-9964
Email: agedling@mcoffmanlegal.com
khendren@mcoffmanlegal.com
takers@mcoffmanlegal.com
mcoffman@mcoffmanlegal.com
- and -
Shannon Marie Draher, Esq.
NILGES DRAHER LLC
7034 Braucher St NW, Ste. B
North Canton, OH 44720
Phone: (330) 470-4428
Fax: (330) 754-1430
Email: sdraher@ohlaborlaw.com
The Defendant is represented by:
David S. Bloomfield, Jr., Esq.
PORTER WRIGHT MORRIS & ARTHUR
41 South High Street, Ste 2800-3200
Columbus, OH 43215
Phone: (614) 227-2169
Fax: (614) 227-2100
Email: dbloomfield@porterwright.com
- and -
Noah A. Finkel, Esq.
Christina Jaremus, Esq.
Kyle Anne Petersen, Esq.
SEYFARTH SHAW LLP
233 S. Wacker Drive, Suite 8000
Chicago, IL 60606
Phone: (312) 460-5913
Fax: (312) 460-7913
Email: nfinkel@seyfarth.com
cjaremus@seyfarth.com
kpetersen@seyfarth.com
AEROPLAN INC: Faces Class Suit Over Rescinded Welcome Bonus Points
------------------------------------------------------------------
Chahal of Yuvagalam reports that a nationwide class-action lawsuit
has been filed against Aeroplan Inc., Canadian Imperial Bank of
Commerce (CIBC), and Toronto-Dominion Bank (TD Bank) in Canada. The
claim is that these institutions rescinded Welcome Bonus Points
from thousands of Aeroplan credit card holders.
The lawsuit alleges that these financial institutions acted
unfairly when they "clawed back" bonus points provided to Aeroplan
customers who had applied for a second CIBC or TD Aeroplan Visa
credit card.
The suit, filed by Consumer Law Group (CLG), states that an
estimated 17,000 Aeroplan account holders were notified in October
2024 about the rescinded points, nearly a year after signing up for
the second credit card. Affected account holders are now part of a
proposed class-action lawsuit, as the clawed-back Welcome Bonus
Points were deemed unfairly revoked.
Table of Contents
1. Aeroplan, CIBC, and TD Bank Class Action Lawsuit
2. How the "Clawback" Allegedly Happened
3. Important Details of the Class Action Lawsuit
4. How to Be Part of the Class Action
Aeroplan, CIBC, and TD Bank Class Action Lawsuit Canada Class
Action lawsuit
The lawsuit, initiated by Consumer Law Group, brings several key
issues to light:
-- The companies involved: Aeroplan Inc., TD Bank, and CIBC.
-- The number of affected individuals: Approximately 17,000
Aeroplan members.
-- Allegation: Improper rescinding of Welcome Bonus Points for
Aeroplan account holders who signed up for a second Aeroplan Visa
credit card.
-- Timeframe: Notifications of rescinded points were sent out in
October 2024.
The lawsuit seeks both compensatory and punitive damages for the
affected individuals and demands the restoration of the clawed-back
Welcome Bonus Points.
How the "Clawback" Allegedly Happened
When signing up for an Aeroplan Visa credit card from either CIBC
or TD, new users often receive Welcome Bonus Points as part of the
sign-up incentive. The lawsuit claims that thousands of people who
already held an Aeroplan credit card but applied for a second one
were unaware that they might not qualify for these bonus points a
second time.
The lawsuit alleges that neither TD Bank nor CIBC verified if
applicants were existing Aeroplan cardholders, a key condition for
Welcome Bonus Points eligibility. Aeroplan points, which have an
estimated value of CAD $100 to $150 for every 10,000 points, were
clawed back without providing advance notice to affected users.
Important Details of the Class Action Lawsuit
The lawsuit also highlights a failure in communication. Despite
collecting Aeroplan account numbers as part of the credit card
application process, Aeroplan, TD, and CIBC allegedly failed to
inform applicants that they were not eligible for Welcome Bonus
Points if they were applying for a second card.
Impact on Affected Consumers
The impact on Aeroplan members who had their bonus points clawed
back includes:
-- Loss of Points: Account holders were deprived of at least
10,000 Aeroplan points, translating to an approximate monetary
value between CAD $100 to $150.
-- Additional Expenses: Many customers incurred additional annual
fees and expenses when using their second Aeroplan credit card,
under the assumption that they would receive the advertised Welcome
Bonus Points.
Consumer Law Group's Allegations
Consumer Law Group has outlined several allegations against the
defendants:
-- Violation of Consumer Protection Laws: By rescinding the
points without prior notice, Aeroplan, CIBC, and TD allegedly
violated several provincial consumer protection statutes.
-- Unfair Practices: The lawsuit describes the clawback as an
unfair practice, where customers were unknowingly signed up under
false pretences, believing they were entitled to the Welcome Bonus
Points.
-- Lack of Due Diligence: Neither CIBC nor TD Bank made efforts
to verify the eligibility of applicants for the bonus points,
leading to confusion and unexpected rescinding of points.
What the Lawsuit Seeks
The lawsuit is asking for compensatory and punitive damages for the
affected account holders, along with the restoration of the
clawed-back Welcome Bonus Points. Specifically, CLG wants Aeroplan,
TD Bank, and CIBC to:
-- Restore the lost Welcome Bonus Points to all affected
individuals.
-- Compensate account holders for the financial losses incurred,
including annual fees and related expenses.
-- Pay punitive damages for the unfair practices.
How to Be Part of the Class Action
If you think you might be eligible to join this lawsuit, there are
specific steps you can take:
-- Verify Eligibility: You must have applied for a second
Aeroplan Visa credit card from either CIBC or TD and subsequently
had Welcome Bonus Points clawed back.
-- Sign Up for the Class Action: You can express interest in
joining the lawsuit by providing your contact information to the
law firm Consumer Law Group.
Representatives for Air Canada, CIBC, and TD Bank have responded to
the lawsuit, stating that as it is currently before the courts,
they are unable to comment directly on the allegations. However, a
spokesperson from Air Canada did note, "We intend to vigorously
defend ourselves in this proceeding." This statement reflects the
company's determination to fight the lawsuit, although further
details were not provided.
For affected Aeroplan account holders, this class-action lawsuit
represents a potential opportunity to recover rescinded Welcome
Bonus Points and receive compensation for financial losses
incurred. If successful, the class action could also push for
better transparency and accountability from major financial
institutions regarding consumer promotions and sign-up bonuses.
[GN]
ALBERTSONS COMPANIES: Arroyo Fraud Suit Removed to C.D. Calif.
--------------------------------------------------------------
The case styled DAVID FERRER ARROYO, individually and on behalf of
all others similarly situated v. ALBERTSONS COMPANIES INC., et al.,
Case No. 24STCV22679, was removed from the Los Angeles County
Superior Court, California, to the U.S. District Court for the
Central District of California on October 16, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 2:24-cv-08935-ODW-E to the proceeding.
The Plaintiff brings this suit against the Defendants for fraud
claims.
Albertsons Companies Inc. is a grocery store company in Boise,
Idaho. [BN]
The Defendants are represented by:
Sascha V. M. Henry, Esq.
Khirin Attila Joseph Bunker, Esq.
SHEPPARD MULLIN RICHTER AND HAMPTON LLP
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071
Telephone: (213) 620-1780
Facsimile: (213) 620-1398
Email: shenry@sheppardmullin.com
kbunker@sheppardmullin.com
- and -
Benjamin T. Seymour, Esq.
David S. Kleban, Esq.
Jane Metcalf, Esq.
Peter B. Vogel, Esq.
PATTERSON BELKNAP WEBB AND TYLER LLP
1133 Avenue of the Americas
New York, NY 10036
Telephone: (212) 336-2289
Facsimile: (212) 336-2222
Email: bseymour@pbwt.com
dkleban@pbwt.com
jmetcalf@pbwt.com
pvogel@pbwt.com
ALDO US: Nouri Files Employment Suit in California State Court
--------------------------------------------------------------
A class action lawsuit has been filed against Aldo U.S., Inc. The
case is captioned as RABIEH NOURI, et al., individually and on
behalf of all others similarly situated, v. ALDO U.S., INC., Case
No. 24CV020377 (Cal. Super., Sacramento Cty., October 7, 2024).
The suit is brought over the Defendant's alleged employment
violation.
A case management conference is set for August 22, 2025, before
Judge Richard K. Sueyoshi.
Aldo U.S., Inc. is a retail company headquartered in San Antonio,
Texas. [BN]
The Plaintiff is represented by:
Joshua S. Falakassa, Esq.
FALAKASSA LAW, PC
1901 Avenue Of The Stars, Ste. 450
Los Angeles, CA 90067
Telephone: (818) 456-6168
Email: josh@falakassalaw.com
ALLY SENIOR: Salaiz Sues Over Unsolicited Telemarketing Calls
-------------------------------------------------------------
A class action lawsuit has been filed against Ally Senior Health
Insurance Associates LLC, et al. The case is captioned as ERIK
SALAIZ, individually and on behalf of all others similarly
situated, v. ALLY SENIOR HEALTH INSURANCE ASSOCIATES LLC, et al.,
Case No. 3:24-cv-00385-LS (W.D. Tex., October 16, 2024).
The suit is brought over the Defendant's alleged violations of the
Telephone Consumer Protection Act.
Ally Senior Health Insurance Associates LLC is a limited liability
company doing business in Texas. [BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM
300 Weatherstone Dr., #190
Wadsworth, OH 44281
Telephone: (330) 333-0773
Facsimile: (915) 996-9915
Email: omar@darwichlegal.com
AMAZON.COM SERVICES: March 6, 2023 Judgment in Hamilton Vacated
---------------------------------------------------------------
In the class action lawsuit captioned as DAN HAMILTON, Individually
and on behalf of all others similarly situated, v. AMAZON.COM
SERVICES LLC, Case No. 1:22-cv-00434-PAB-STV (D. Colo.), the Hon.
Judge Philip Brimmer entered an order:
-- vacating the judgment of the Court entered on March 6, 2023;
-- vacating the Court's March 3, 2023, order granting defendant
Amazon.com Services LLC's motion to dismiss;
-- denying Defendant Amazon.com Services LLC's motion to dismiss
Plaintiff's individual and class action complaint;
-- reinstating Plaintiff Dan Hamilton's motion to certify class
Action;
-- denying as moot plaintiff Dan Hamilton's motion for order
certifying determinative question of Colorado Law to the
Colorado
Supreme Court; and
-- denying the Joint Motion for Status Conference.
On Jan. 14, 2022, plaintiff Dan Hamilton filed his complaint in the
District Court for Arapahoe County, Colorado.
Mr. Hamilton alleges that defendant Amazon.com Services LLC has
failed to pay him all the overtime he is entitled to under Colorado
law because Amazon failed to calculate his regular rate of pay
correctly.
On March 3, 2022, Amazon moved to dismiss the complaint pursuant to
Federal Rule of Civil Procedure 12(b)(6).
Amazon argued that Mr. Hamilton had failed to plausibly allege a
violation of Colorado wage law for Amazon's failure to include HIP
in calculating Mr. Hamilton’s overtime pay because no provision
of Colorado law required Amazon to do so. On March 3, 2023, the
Court granted Amazon’s motion to dismiss.
Amazon.com provides e-commerce services.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=jHIgLP at no extra
charge.[CC]
AVANQUEST NORTH: Fernandez Renewal Scheme Suit Removed to C.D. Cal.
-------------------------------------------------------------------
The case styled ANTONIO FERNANDEZ, individually and on behalf of
all others similarly situated, Plaintiff, v. AVANQUEST NORTH
AMERICA LLC, a California limited liability company; and DOES 1-50,
inclusive, Defendants, and AVANQUEST SOFTWARE SAS,
Intervenor-Defendant, Case No. 23STCV28134, was removed from the
Superior Court for the State of California, County of Los Angeles,
to the U.S. District Court for the Central District of California
on October 7, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 2:24-cv-08620 to the proceeding.
The case arises from the Defendants' alleged violation of
California's Automatic Renewal Law.
Avanquest North America LLC is a software company doing business in
California.
Avanquest Software SAS is a software company based in France. [BN]
The Defendant is represented by:
Tammy B. Webb, Esq.
Russell L. Taylor, Esq.
SHOOK, HARDY & BACON L.L.P.
555 Mission Street, Suite 2300
San Francisco, CA 94105
Telephone: (415) 544-1900
Facsimile: (415) 391-0281
Email: tbwebb@shb.com
rtaylor@shb.com
- and -
Daniel E. Rohner, Esq.
SHOOK, HARDY & BACON L.L.P.
1660 17th Street, Suite 450
Denver, CO 80202
Telephone: (405) 285-5300
Facsimile: (303) 285-5301
Email: drohner@shb.com
BARBOUR INC: Website Inaccessible to the Blind, Riley Says
----------------------------------------------------------
AMANIE RILEY, on behalf of herself and all others similarly
situated, Plaintiff v. Barbour, Inc., Defendant, Case No.
1:24-cv-08822 (S.D.N.Y., November 20, 2024) is a civil rights
action against Barbour for its failure to design, construct,
maintain, and operate their website, https://www.barbour.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
On October 30, 2024, the Plaintiff intended to purchase clothing
items for the cold season. She searched for a store that provides
high-quality outerwear and found the Defendant’s website
Barbour.com which is renowned for its waxed jackets and durable
outerwear, along with clothing and accessories that feature
exceptional craftsmanship. After exploring the available options,
she decided to purchase the Barbour Classic Waxed Jacket.
However, when attempting to view the product and make a purchase,
she encountered accessibility barriers, including images lacking
alternative text or having descriptions that did not convey the
product details, a cart button that did not correctly indicate the
item quantity and a cart dialog that timed out too quickly to fully
review the items and proceed to checkout. These issues prevented
her from completing the purchase and navigating the site
effectively, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Barbour's policies, practices, and procedures so that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Barbour, Inc. operates the website that sells apparel including
jackets, shirts, sweaters, footwear, pants, bags, hats, scarves,
dog coats, and blankets.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.,
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
BAY ALARM COMPANY: Edwards Sues Over Unpaid Compensation
--------------------------------------------------------
Erin L. Edwards, as an aggrieved employee, and on behalf of all
other aggrieved employees under the Labor Code Private Attorneys'
General Act of 2004 v. BAY ALARM COMPANY, a California corporation;
and DOES 1 through 100, inclusive, Case No. C24-02622 (Cal. Super.
Ct., Contra Costa Cty., Sept. 30, 2024), is brought pursuant to the
Labor Code Private Attorneys General Act of 2004 ("PAGA"), as a
proxy of the Labor and Workforce Development Agency of the State of
California ("LWDA") as a result of failure to pay proper
compensation.
The Plaintiff is informed and believes, and based thereon alleges,
that Defendants, and each of them, had and have a practice or
policy of failing to compensate Plaintiff and other Aggrieved
Employees with minimum wages for all hours worked or otherwise
under Employer's control every day as a result of, without
limitation, failing to accurately track and/or pay for all minutes
actually worked; engaging, suffering, or permitting employees to
work off the clock, says the complaint.
The Plaintiff worked for Defendants from August of 2019 through
April of 2024.
BAY ALARM is a corporation organized and existing under and by
virtue of the laws of the State of California.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Jeffrey D. Klein, Esq.
Jason Rothman, Esq.
Nairi Shirinian, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Phone: (310) 438-5555
Fax: (310) 300-1705
Email: david@tomorrowlaw.com
jeff@tomorrowlaw.com
jason@tomorrowlaw.com
BECHTEL GLOBAL: Hanigan Suit Seeks to Certify Rule 23 Class Action
------------------------------------------------------------------
In the class action lawsuit captioned as DEBRA D. HANIGAN,
individually, and a representative of a Class of Participants and
Beneficiaries of the Bechtel Trust and Thrift Plan, v. BECHTEL
GLOBAL CORPORATION, BOARD OF DIRECTORS OF BECHTEL GLOBAL
CORPORATION, and BECHTEL TRUST & THRIFT PLAN COMMITTEE, Case No.
1:24-cv-00875-AJT-LRV (E.D. Va.), the Plaintiff asks the Court to
enter an order to:
(1) certify this action as a class action under Fed. R. Civ. P.
23(a) and (b)(1);
(2) appoint the Plaintiff as representative of the certified
Class;
and
(3) appoint Walcheske & Luzi, LLC and Fitzgerald Litigation as
counsel for the certified Class.
Bechtel is an American engineering, procurement, construction, and
project management company.
A copy of the Plaintiff's motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mmwFTw at no extra
charge.[CC]
The Plaintiff is represented by:
Paul M. Secunda, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Dr., Suite 240
Brookfield, WI 53005
Telephone: (414) 828-2372
Facsimile: (262) 565-6469
E-mail: psecunda@walcheskeluzi.com
- and -
Andrew L. Fitzgerald, Esq.
FITZGERALD LITIGATION
119 Brookstown Avenue, Suite 402
Winston-Salem, NC 27101
Telephone: (336) 793-4365
Facsimile: (336) 793-4696
E-mail: andy@fitzgeraldlitigation.com
BIMBO BAKERIES: Hollen Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------
GERALD HOLLEN, individually, and on behalf of all others similarly
situated v. BIMBO BAKERIES USA, INC., Case No. 2:24-cv-06192 (E.D.
Pa., Nov. 19, 2024) arises from the Defendant's willful violations
of the Fair Labor Standards Act and the Pennsylvania Minimum Wage
Act.
According to the complaint, the Defendant required Plaintiffs to
wear company-issued uniforms and protective clothing during their
work shifts to comply with company policies, as well as food-safety
and health regulations. The company-issued protective clothing and
safety gear included button up pants, a long sleeve shirt with
snaps down the middle, steel-toed safety shoes, bump hats, beard
and hair nets (or ski-mask-style headwear), cut-resistant gloves,
earplugs, and safety glasses (personal protection equipment, the
PPE).
The Plaintiffs spent substantial amounts of time each day donning
and doffing the PPE and walking to and from the locker rooms and
the production areas before and after their work shifts. The
Defendant, however, did not pay the Plaintiffs for all of this
time. Instead, Defendant only paid Plaintiffs based on their "punch
in" and "punch out" times, the suit asserts.
The Plaintiffs are and were employed at one of the Defendant's 55
manufacturing facilities across the United States, including, but
not limited to Commerce City, Colorado; Orlando, Florida;
Elkhart, Indiana; Roseville, Minnesota; Albany, New York; Oklahoma
City, Oklahoma; Carlisle, Pennsylvania; West Hazelton, ennsylvania;
Williamsport, Pennsylvania; Kent, Washington; Huntington, West
Virginia; and Oconomowoc, Wisconsin.
The Defendant is a commercial baking company.[BN]
The Plaintiffs are represented by:
Adam S. Levy, Esq.
LAW OFFICE OF ADAM S. LEVY, LLC
P.O. Box 88
Oreland, PA 19075
Telephone: (267) 994-6952
E-mail: adamslevy@comcast.net
- and -
Kevin J. Stoops, Esq.
Albert J. Asciutto, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, Michigan 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
aasciutto@sommerspc.com
- and -
Jonathan Melmed, Esq.
Meghan Higday, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
mh@melmedlaw.com
BIO-LAB INC: Dobbins Files Suit in Ga. Ct.
------------------------------------------
A class action lawsuit has been filed against Paramount Global. The
case is styled as Emanuel Dobbins, and Eleanor Dobbins,
Individually and on behalf of all others similarly situated v.
BIO-LAB, INC., BIO-LAB, INC., and JOHN DOE #1 through JOHN DOE #3,
Case No. 24-C-09053-S5 (Ga. Ct., Gwinnett Cty., Sept. 30, 2024).
The nature of suit is stated as Other General Civil.
BioLab -- http://www.biolabinc.com/-- is the swimming pool and spa
water care division of KIK Consumer Products, based in
Lawrenceville, Georgia.[BN]
The Plaintiff is represented by:
Robert B. Jackson, Esq.
ROBERT B. JACKSON IV LLC
260 Peachtree Street, Suite 2200
Atlanta, Georgia 30303
Email: RBJ4LAW@GMAIL.COM
BIO-LAB INC: Hullum Sues Over Negligence and Other Misconduct
-------------------------------------------------------------
Phillip Hullum, Lori Hullum, Marcus Boss, Makayla Arrington, and
Thomas Brown, individually and on behalf of all others similarly
situated v. BIO-LAB, INC., KIK INTERNATIONAL, LLC, KIK U.S.
HOLDINGS, LLC, and KIK CUSTOM PRODUCTS INC., (Ga. Super. Ct.,
Rockdale Cty., Sept. 30, 2024), is brought seeking compensatory and
punitive damages and declaratory and injunctive relief for the
negligence and other misconduct of the Defendants which produced a
catastrophic aerial chlorine and combustion plume in the City of
Conyers and well beyond beginning on September 29, 2024, and
damaged the Plaintiffs and proposed class as alleged.
The Defendants employ the facility which produced and released the
catastrophic aerial chlorine and combustion plume to manufacture
products for pools and spas. The manufacture involves the use of
highly reactive chemicals and constitutes an abnormally dangerous
activity which risks the production and release of, among other
things, dangerous chlorine gas.
On September 29, 2024 and continuing thereafter, the catastrophic
aerial chlorine and combustion plume was produced at and released
from the Defendants' facility. The plume was preceded by a fire at
the facility. The plume contained dangerous levels of chlorine gas,
and other chemicals which are harmful to humans and property. The
plume was enormous and traveled for miles, enveloping the persons,
vehicles, and property in its path.
The plume and alleged damage it caused were directly or proximately
caused by actions, inactions, and/or omissions by the Defendants,
who negligently failed to safeguard the dangerous reactive
chemicals at their facility and to prevent the catastrophic plume
produced at and released by the facility. As a result, the plume
caused substantial and significant damage to Plaintiffs and the
proposed class, lost income, and substantial and foreseeable
emotional and psychological trauma and harm.
The Defendants failed to discharge this duty by allowing certain
unreasonable conditions to exist in connection with the plume
including, but not limited to, the failure to properly store the
chemicals; the failure to inspect the facility; the failure to
train personnel to inspect and/or store, maintain, and safeguard
the reactive chemicals in the proper manner; and the failure to
adopt adequate safeguards to prevent the catastrophic plume which
was produced and released beginning on September 29, 2024, says the
complaint.
The Plaintiffs were residents of Rockdale County, Georgia.
Bio-Lab, Inc. is a Delaware corporation who lists its principal
place of business as 101 MacIntosh Blvd, Concord, Ontario,
Canada.[BN]
The Plaintiff is represented by:
Taylor C. Bartlett, Esq.
HENINGER GARRISON DAVIS, LLC
2727 Paces Ferry Road SE, Suite 750
Atlanta, GA 30339
Phone: 800-241-9779
Fax: 205-380-8085
Email: taylor@hgdlawfirm.com
lewis@hgdlawfirm.com
BIO-LAB INC: Lynch Files Suit in Ga. Ct.
----------------------------------------
A class action lawsuit has been filed against Paramount Global. The
case is styled as Michael Lynch, Scott Hansen, Digital Thunderdome,
LLC, and Beta Electric LLC, Individually and on behalf of all
others similarly situated v. BIO-LAB, INC., BIO-LAB, INC., KIK
CONSUMER PRODUCTS, INC., RICHARD BENTLEY, and MICHAEL SMITH, Case
No. 24-C-09082-S5 (Ga. Ct., Gwinnett Cty., Sept. 30, 2024).
The nature of suit is stated as Other General Civil.
BioLab -- http://www.biolabinc.com/-- is the swimming pool and spa
water care division of KIK Consumer Products, based in
Lawrenceville, Georgia.[BN]
The Plaintiff is represented by:
Robert B. Jackson, Esq.
ROBERT B. JACKSON IV LLC
260 Peachtree Street, Suite 2200
Atlanta, Georgia 30303
Email: RBJ4LAW@GMAIL.COM
BIO-LAB INC: Tartt Sues Over Property-Related Damages
-----------------------------------------------------
Fannie and Albert Tartt, individually and on behalf of all others
similarly situated v. BIO-LAB, INC., and KIK CONSUMER PRODUCTS
INC., Case No. 1:24-cv-04407-SEG (N.D. Ga., Sept. 30, 2024), is
brought against Defendants Bio for real property-related damages
sustained as the result of a September 29, 2024, fire and smoke
plume, which occurred at Defendants' Conyers, Georgia chemical
plant and caused widespread "evacuations as toxic smoke billowed
from a chemical fueled inferno."
As a result of the preventable fire and toxic smoke and dust plume,
Plaintiffs and the other Class members have suffered a variety of
real property-related damages including loss of use and enjoyment,
remediation and clean-up costs, lost profits, and diminution of
property value. The Defendants' negligence, recklessness, and
failure to prevent the fire and toxic smoke and dust plume caused
and continues to cause harm to Plaintiffs and the other Class
members.
At the time of the fire, Plaintiffs were in their residence at 1849
Kings Row, Conyers, GA 30012, which is approximately 1.3 miles from
the Conyers Plant. As a result of the fire and resulting toxic
smoke and dust plume, Plaintiffs had concerns about their health
and well-being and the health and well-being of their family
because their residence is in the area directly impacted by the
plume.
The Plaintiffs were not able to evacuate. They have closed their
home, turned off the heating, ventilation, and air conditioning
system, and sheltered in place. They have not been able to leave
their home for any reason, including to attend a scheduled physical
therapy session.
As a result of the fire and resulting toxic smoke and dust plume,
toxic and harmful substances, smoke, debris, particulate matter,
other dust, and other pollutants have been deposited in, on, and
around Plaintiffs' property. As a result, Plaintiffs have not been
able to use and enjoy their home, says the complaint.
The Plaintiffs resided near the chemical plants.
Bio-Lab is a Georgia company engaged in the business of
manufacturing and/or supplying swimming pool and spa water care
chemicals under product names that include BioGuard, SpaGuard,
Natural Chemistry, SeaKlear, AquaPill, Coral Seas, ProGuard, and
Pro Series.[BN]
The Plaintiffs represented by:
Roy E. Barnes, Esq.
John R. Bevis, Esq.
J. Cameron Tribble, Esq.
BARNES LAW GROUP, LLC
31 Atlanta Street
Marietta, GA 30060
Phone: (770-227-6375
Facsimile: (770) 227-6373
Email: roy@barneslawgroup.com
bevis@barneslawgroup.com
ctribble@barneslawgroup.com
- and -
Adam J. Levitt, Esq.
Daniel R. Flynn, Esq.
Anna Claire Skinner, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Phone: (312) 214-7900
Email: alevitt@dicellolevitt.com
dflynn@dicellolevitt.com
askinner@dicellolevitt.com
- and -
L. Chris Stewart, Esq.
Justin Miller, Esq.
STEWART MILLER SIMMONS
55 Ivan Allen Jr. Blvd, Suite 700
Atlanta, GA 30308
Email: cstewart@smstrial.com
jmiller@smstrial.com
- and -
Robert S. Libman, Esq.
Roisin Duffy-Gideon, Esq.
MINER, BARNHILL & GALLAND, P.C.
325 N. LaSalle St., Ste. 350
Chicago, IL 60654
Phone: (312) 751-1170
Email: rlibman@lawmbg.com
rduffy@lawmbg.com
- and -
Edward J. Manzke, Esq.
Shawn Collins, Esq.
THE COLLINS LAW FIRM, PC
1770 Park St., Ste. 200
Naperville, IL 60563
Phone: (630) 527-1595
Email: shawn@collinslaw.com
ejmanzke@collinslaw.com
BLOOMBERG LP: Ndugga Suit Referred to Magistrate Judge
------------------------------------------------------
In the class action lawsuit captioned as NAULA NDUGGA, v.
BLOOMBERG, L.P., et al., Case No. 1:20-cv-07464-GHW-GWG (S.D.N.Y.),
the Hon. Judge Gregory Woods entered an amended order referring
case to Magistrate Judge:
-- General pretrial (includes scheduling, discovery,
non-dispositive
pretrial motions, and settlement)
-- Dispositive motions (i.e., motion requiring Report and
Recommendation)
Bloomberg L.P. is an American privately held financial, software,
data, and media company.
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NfrvoD at no extra
charge.[CC]
BUCKET LISTERS: Faces Rios Suit Over Undisclosed Ticket Fees
------------------------------------------------------------
MEAGAN RIOS, individually and on behalf of all others similarly
situated, Plaintiff v. BUCKET LISTERS, INC., Defendant, Case No.
1:24-cv-08843 (S.D.N.Y., November 20, 2024) arises from the
Defendant's alleged unlawful labor practices in violation of the
New York Arts and Cultural Affairs Law.
The Defendant is a licensee or other ticket reseller, or platform
that facilitates the sale or resale of tickets' to a place of
entertainment, because Defendant owns, operates, or controls the
www.bucketlisters.com website, which is a place where consumers can
purchase tickets to a variety of music, comedy, and other live
performance events.
According to the complaint, the Defendant violated the law by
failing to disclose the total cost of a ticket, inclusive of all
ancillary fees that must be paid in order to purchase the ticket .
. . prior to the ticket being selected for purchase. The Defendant
also violated the law by increasing the total cost of its tickets
during the purchase process.
The Plaintiff purchased three admission tickets on Defendant's
website and was allegedly forced to pay Defendant's ancillary fees
on October 2, 2023.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: sbogdanovich@bursor.com
BUFFALO WILD: Seeks to Decertify Pender Collective Action
----------------------------------------------------------
In the class action lawsuit captioned as KAYLA PENDER, individually
and on behalf of all others similarly situated, v. FLYING S. WINGS,
INC. d/b/a BUFFALO WILD WINGS, Case No. 2:21-cv-04292-ALM-KAJ (S.D.
Ohio), the Defendant asks the Court to enter judgment in their
favor as a matter of law as to all claims alleged in the Second
Amended Complaint, and/or decertify the collective action and grant
such further and additional relief as the Court deems just and
proper.
First, Plaintiffs' tip credit notification claim fails because
Plaintiff cannot dispute that Defendants provided sufficient tip
credit notice under the FLSA and OWA.
The undisputed evidence demonstrates that Defendants properly
informed Plaintiffs of the tip credit, independently and through a
combination of methods, including a tip credit notification form, a
displayed up-todate poster approved by the U.S. Department of Labor
("DOL"), and verbally by her store manager. Through these
materials, Defendants provided more than sufficient notice of the
tip credit. The Court, therefore, should grant summary judgment in
favor of Defendants on Plaintiffs’ tip credit notification
claim.
Second, Plaintiffs' tip credit claim fails as a matter of law to
the extent that it is incorrectly premised on claims about having
to incur business expenses. The Court, therefore, should grant
summary judgment in favor of Defendants on Plaintiff’s tip credit
claim to the extent it is based on the allegation that Plaintiff
had to incur business expenses.
Finally, even if this action survives summary judgment, the
collective action aspects of the case should be decertified.
Defendants’ policies do not show any basis for FLSA violations
and to the extent that the Plaintiffs claim that the policies were
not universally followed, the differences in their working
situations precludes resolution through representative testimony.
This is an action alleging that Defendants improperly paid their
servers and bartenders by paying them at the “tipped rate”
rather than the full minimum wage.
Buffalo Wild Wings is an American casual dining restaurant and
sports bar franchise.
A copy of the Defendant's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OwBFmS at no extra
charge.[CC]
The Defendant is represented by:
Todd A. Fichtenberg, Esq.
EMERSON THOMSON BENNETT, LLC
3841B Attucks Drive
Powell, OH 43065-6082
Telephone: (330) 870-9333
E-mail: taf@etblaw.com
- and -
Jeffrey S. Fowler, Esq.
LANER MUCHIN, LTD.
515 N. State Street, Suite 2400
Chicago, IL 60654-4688
Telephone: (312) 467-9800
Facsimile: (312) 467-9479
E-mail: jfowler@lanermuchin.com
BURTECH ACQUISITION: M&A Investigates Proposed Merger With Blaize
-----------------------------------------------------------------
Monteverde & Associates PC (the "M&A Class Action Firm"), has
recovered millions of dollars for shareholders and is recognized as
a Top 50 Firm by ISS Securities Class Action Services Report. We
are headquartered at the Empire State Building in New York City and
are investigating:
-- BurTech Acquisition Corp. (NASDAQ: BRKH), relating to the
proposed merger with Blaize, Inc. Under the terms of the agreement,
shares of BurTech Acquisition will be exchanged for shares of
Blaize.
ACT NOW. The Shareholder Vote is scheduled for December 10, 2024.
Click here for more information
https://monteverdelaw.com/case/burtech-acquisition-corp-brkh/. It
is free and there is no cost or obligation to you.
-- Atlantic Union Bankshares Corp. (NYSE: AUB), relating to a
proposed merger with Sandy Spring Bancorp, Inc. Under the terms of
the agreement, all Sandy Spring shares will automatically be
converted into the right to receive 0.900 shares of AUB, and cash
in lieu of fractional shares.
Click here for more information
https://monteverdelaw.com/case/atlantic-union-bankshares-corp/. It
is free and there is no cost or obligation to you.
-- Innovid Corp. (NYSE: CTV), relating to the proposed merger
with Mediaocean LLC. Under the terms of the agreement, Mediaocean
will acquire Innovid at a price of $3.15 per share of common
stock.
Click here for more
https://monteverdelaw.com/case/innovid-corp-ctv/. It is free and
there is no cost or obligation to you.
-- Village Bank and Trust Financial Corp. (NASDAQ: VBFC),
relating to the proposed merger with TowneBank. Under the terms of
the agreement, shareholders of Village will receive $80.25 per
share in cash for each share of Village outstanding common stock.
ACT NOW. The Shareholder Vote is scheduled for December 19, 2024.
Click here for more information
https://monteverdelaw.com/case/village-bank-and-trust-financial-corp-vbfc/.
It is free and there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders. . .
and we do it from our offices in the Empire State Building. We are
a national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in any of the above listed companies and have concerns or
wish to obtain additional information free of charge, please visit
our website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341
Attorney Advertising. (C) 2024 Monteverde & Associates PC. The law
firm responsible for this advertisement is Monteverde & Associates
PC (www.monteverdelaw.com). Prior results do not guarantee a
similar outcome with respect to any future matter. [GN]
BYTEDANCE INC: Young Seeks To File Class Cert Reply Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as REECE YOUNG and ASHLEY
VELEZ individually and on behalf of all others similarly situated,
v. BYTEDANCE INC. and TIKTOK INC., Case No. 3:22-cv-01883-VC (N.D.
Cal.), the Plaintiffs ask the Court to enter an order granting this
administrative motion to file under seal portions of Plaintiff's
reply in support of motion for class certification.
The Plaintiff is not the designating party and takes no position as
to whether confidentiality should be maintained pending Defendants
supporting their designations.
The Plaintiff Young brings this administrative motion pursuant to
Civil Local Rules 7-11 and 79-5 to file under seal portions of
Plaintiff's Reply in Support of Motion for Class Certification,
Specifically, a few highlighted portions of the Reply Memorandum of
Points and Authorities and a few lines, and three exhibits to, the
Reply Declaration of Steven N. Williams.
ByteDance is a technology company operating a range of content
platforms that inform, educate, entertain and inspire people.
A copy of the Plaintiffs' motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9LBq1w at no extra
charge.[CC]
The Plaintiffs are represented by:
Steven N. Williams, Esq.
STEVEN WILLIAMS LAW, P.C.
201 Spear Street, Suite 1100
San Francisco, CA 94105
Telephone: (415) 697-1509
Facsimile: (415) 230-5310
E-mail: swilliams@stevenwilliamslaw.com
CAMDEN DEVELOPMENT: Class Cert. Filing in Sutton Due March 3, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as ADAM ANDRU SUTTON, v.
CAMDEN DEVELOPMENT, INC., et al., Case No. 2:24-cv-07407-MCS-AGR
(C.D. Cal.), the Hon. Judge Mark Scarsi entered an order setting
the following case schedule.
The Court will set additional dates, including pretrial and trial
dates, after a ruling on class certification is issued. To the
extent applicable, the Court orders the parties to comply with the
Order Re: Jury/Court Trial available on the Court’s website,
https://www.cacd.uscourts.gov/honorable-mark-c-scarsi.
Event Date
Non-Expert Discovery Cut-Off: Aug. 4, 2025
Expert Disclosure (Initial): Aug. 18, 2025
Expert Disclosure (Rebuttal): Sept. 2, 2025
Expert Discovery Cut-Off: Sept. 15, 2025
Deadline to File a Motion for Class March 3, 2025
Certification:
Deadline to File an Opposition to the March 24, 2025
Motion for Class Certification
Deadline to File a Reply in Support of April 14, 2025
the Motion for Class Certification:
Hearing Date on Motion for Class May 5, 2025,
Certification:
Camden provides real estate services.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xJl9kj at no extra
charge.[CC]
CARNIVAL CORP: Class Cert Deadlines Order Entered in Price Suit
---------------------------------------------------------------
In the class action lawsuit captioned as INDIA PRICE, et al., v.
CARNIVAL CORPORATION, Case No. 3:23-cv-00236-GPC-BJC (S.D. Cal.),
the Hon. Judge Benjamin Cheeks entered an order setting the
following deadline in this matter:
-- Plaintiffs' counsel is to contact Judge Curiel's chambers no
later
than Jan. 22, 2025, to obtain a hearing date for class
certification.
-- All other guidelines, deadlines, and requirements remain as
previously set.
Carnival doing business in the cruise industry.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=BYJekV at no extra
charge.[CC]
CENTIMARK CORP: Bid for Initial Certification Tossed w/o Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as Anthony Lingle, v.
Centimark Corporation, et al., Case No. 2:22-cv-01471-KJM-JDP (E.D.
Cal.), the Hon. Judge entered an order declining to consider now
whether the agreement to settle Lingle's PAGA claims meets the
applicable requirements of state law, which resemble those in Rule
23(e).
-- The court denies the motion for preliminary certification
without
prejudice to renewal.
-- Any renewed motion must be filed within thirty days.
-- Alternatively, the parties may file a further joint status
report
by the same deadline proposing a schedule for further
negotiations, mediation or litigation.
-- The court understands that evidentiary and legal challenges
like
those above could make a full recovery uncertain or even
unlikely.
-- It is simply unclear on this record that $255,000 would
adequately
compensate employees for the wrongdoing that Lingle alleges in
his
complaint.
The Plaintiff Anthony Lingle has agreed with defendant Centimark
Corporation, his former employer, to settle his own claims and the
claims of a proposed class of similarly situated employees.
CentiMark is a national roofing contractor company.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=jZFvLA at no extra
charge.[CC]
CERES CLASSIC: Continues to Defend Camelot Event Class Suit
-----------------------------------------------------------
Ceres Classic L.P. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Camelot Event Driven
Fund class suit in the Supreme Court of New York.
On August 13, 2021, the plaintiff in Camelot Event Driven Fund, a
Series of Frank Funds Trust v. Morgan Stanley & Co. LLC, et al.
filed in the Supreme Court of NY a purported class action complaint
alleging violations of the federal securities laws against
ViacomCBS, certain of its officers and directors, and the
underwriters, including the Company, of two March 2021 Viacom
offerings: a $1,700 million Viacom Class B Common Stock offering
and a $1,000 million offering of 5.75% Series A Mandatory
Convertible Preferred Stock (collectively, the "Offerings").
The complaint alleges, inter alia, that the Viacom offering
documents for both issuances contained material misrepresentations
and omissions because they did not disclose that certain of the
underwriters, including the Company, had prime brokerage
relationships and/or served as counterparties to certain derivative
transactions with Archegos Capital Management LP, a fund with
significant exposure to Viacom securities across multiple prime
brokers.
The complaint, which seeks, among other things, unspecified
compensatory damages, alleges that the offering documents contained
material misrepresentations and did not adequately disclose the
risks associated with Archegos's concentrated Viacom positions at
the various prime brokers, including that the unwind of those
positions could have a deleterious impact on the stock price of
Viacom.
On November 5, 2021, the complaint was amended to add allegations
that defendants failed to disclose that certain underwriters,
including the Company, had intended to unwind Archegos's Viacom
positions while simultaneously distributing the Offerings.
On February 6, 2023, the court issued a decision denying the
motions to dismiss as to the Company and the other underwriters,
but granted the motion to dismiss as to Viacom and the Viacom
individual defendants.
On February 15, 2023, the underwriters, including the Company,
filed their notices of appeal of the denial of their motions to
dismiss.
On March 10, 2023, the plaintiff appealed the dismissal of Viacom
and the individual Viacom defendants.
On April 4, 2024, the Appellate Division upheld the lower court’s
decision as to the Company and other underwriter defendants that
had prime brokerage relationships and/or served as counterparties
to certain derivative transactions with Archegos, dismissed the
remaining underwriters, and upheld the dismissal of Viacom and its
officers and directors.
On July 25, 2024, the Appellate Division denied the plaintiff's and
the Company's respective motions for leave to reargue or appeal the
April 4, 2024 decision.
On January 4, 2024, the court granted the plaintiff’s motion for
class certification.
On February 14, 2024, the defendants filed their notice of appeal
of the court's grant of class certification.
Ceres Classic L.P. is a Delaware limited partnership organized in
1998 to engage primarily in the speculative trading of futures
contracts, options on futures and forward contracts, forward
contracts on physical commodities and other commodity interests,
including, but not limited to, foreign currencies, financial
instruments, metals, energy and agricultural products.
CERES CLASSIC: Continues to Defend Interest Rate Swaps Class Suit
-----------------------------------------------------------------
Ceres Classic L.P. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the interest rate swaps
antitrust class suit in the United States District Court for the
Southern District of New York.
Beginning in February of 2016, the Company was named as a defendant
in multiple purported antitrust class actions now consolidated into
a single proceeding in the United States District Court for the
Southern District of New York ("SDNY") styled In Re: Interest Rate
Swaps Antitrust Litigation.
Plaintiffs allege, inter alia, that the Company, together with a
number of other financial institution defendants, violated U.S. and
New York state antitrust laws from 2008 through December of 2016 in
connection with their alleged efforts to prevent the development of
electronic exchange-based platforms for interest rate swaps
trading. Complaints were filed both on behalf of a purported class
of investors who purchased interest rate swaps from defendants, as
well as on behalf of three operators of swap execution facilities
that allegedly were thwarted by the defendants in their efforts to
develop such platforms.
The consolidated complaints seek, among other relief, certification
of the investor class of plaintiffs and treble damages.
On July 28, 2017, the court granted in part and denied in part the
defendants' motion to dismiss the complaints.
On December 15, 2023, the court denied the class plaintiffs’
motion for class certification.
On December 29, 2023, the class plaintiffs petitioned the United
States Court of Appeals for the Second Circuit for leave to appeal
that decision.
On February 28, 2024, the parties reached an agreement in principle
to settle the class claims.
On July 11, 2024, the court granted preliminary approval of the
settlement.
Ceres Classic L.P. is a Delaware limited partnership organized in
1998 to engage primarily in the speculative trading of futures
contracts, options on futures and forward contracts, forward
contracts on physical commodities and other commodity interests,
including, but not limited to, foreign currencies, financial
instruments, metals, energy and agricultural products.
CHURCH & DWIGHT: A.D. Sues Over Unlawful Disclosure of PII & PHI
----------------------------------------------------------------
A.D. and A.O.S., individually and on behalf of all others similarly
situated v. CHURCH & DWIGHT CO., INC. d/b/a FIRST RESPONSE, Case
No. 2:24-at-01244 (E.D. Cal., Sept. 30, 2024), is brought to
address Defendant's unlawful practice of disclosing Plaintiffs' and
Class Members' confidential personally identifiable information
("PII") and protected health information ("PHI") (collectively
referred to as "Private Information") to third parties, including
Meta Platforms, Inc. d/b/a Meta and Google, Inc., without consent,
through the use of tracking software that is embedded in
Defendant's First Response website.
In order to market and sell its products, Defendant owns and
controls https://www.firstresponse.com/en/("Defendant's Website" or
the "Website"), which it encourages customers to use for reviewing
and purchasing pregnancy, fertility and ovulation test kits.
Unbeknownst to customers, Defendant installed third-party tracking
technologies such as the Meta Pixel ("Facebook Pixel" or "Pixel"),
as well as Google Analytics, DoubleClick and Google Tag Manager
(together with the Facebook Pixel, "Tracking Tools"), onto the
Website. These Tracking Tools track and collect communications with
the Defendant via the Website and surreptitiously force the user's
web browser to send those communications to undisclosed third
parties, such as Facebook and/or Google.
The Defendant utilized the Facebook Pixel, Google tracking codes
and CAPI data for marketing purposes to bolster their profits. The
Tracking Tools and CAPI are routinely used to target specific
customers by utilizing data and information from users'
communications with the Website to build profiles for the purposes
of retargeting and future marketing. Facebook and Google also use
Plaintiffs' and Class Members' Private Information to create
targeted advertisements based on the medical conditions and other
information disclosed to Defendant.
The Plaintiffs therefore seek, on behalf of themselves and a class
of similarly situated persons, to remedy these harms and therefore
assert the following statutory and common law claims against
Defendant: Violation of Electronic Communications Privacy Act,
Unauthorized Interception, Use and Disclosure; Violation of
California Invasion of Privacy Act; Invasion of Privacy; and Unjust
Enrichment, says the complaint.
The Plaintiffs used the Website to submit information related to
their past, present, or future health conditions, including
reviewing and purchasing pregnancy, fertility and ovulation test
kits.
The Defendant produces a variety of advanced consumer diagnostic
products, under several different brands, including First Response
branded pregnancy testing kits.[BN]
The Plaintiff is represented by:
John R. Parker, Jr., Esq.
ALMEIDA LAW GROUP LLC
3550 Watt Avenue, Suite 140
Sacramento, CA 95821
Phone: (916) 616-2936
Email: jrparker@almeidalawgroup.com
CITIGROUP GLOBAL: Seeks Leave to File Class Cert Exhibits in Loomis
-------------------------------------------------------------------
In the class action lawsuit captioned as Loomis Sayles Trust
Company, LLC, v. Citigroup Global Markets Inc., Case No.
1:22-cv-06706-LGS (S.D.N.Y.), the Defendant asks the Court to enter
an order granting motion to leave to file more than 15 exhibits in
support of its forthcoming opposition to Plaintiff's motion for
class certification.
Although we are still finalizing our opposition papers ahead of the
November 20 deadline, we anticipate filing no more than 30
exhibits, most of which should be fewer than 15 pages in length. We
also expect that one of the exhibits will be a declaration of under
20 double-spaced pages.
Citigroup provides banking and financial services.
A copy of the Defendant's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=5FvlT2 at no extra
charge.[CC]
The Defendant is represented by:
Michael A. Paskin, Esq.
CRAVATH, SWAINE & MOORE LLP
Two Manhattan West, 375 Ninth Avenue
New York, NY 10001
Telephone: (212) 474-1760
E-mail: mpaskin@cravath.com
COLGATE-PALMOLIVE CO: Sued Over Bacteria-Contaminated Toothpastes
-----------------------------------------------------------------
Tommaso Baronio, writing for Law.com, reports that
Colgate-Palmolive, a personal care products company, and subsidiary
Tom's of Maine, were hit with a consumer class action. The Wright
Law Office filed the lawsuit in U.S. District Court for the Florida
Middle District Court on behalf of over 100 individuals.
The plaintiffs claimed that the defendants' toothpastes are made
with bacteria-contaminated water, citing a Nov. 2024 inspection
report by the U.S. Food and Drug Administration.
They are asking for more than $5 million in damages.
According to the complaint, in November 2024, the FDA issued a
warning to the company after it found "disease-causing bacteria"
and "mold-like powdery substances" in Tom's of Maine products and
facilities. Three harmful bacteria were found.
The FDA also noted that Tom's had received hundreds of consumer
complaints but failed to investigate them and continued to
distribute their products.
"Defendant Tom's of Maine responded to the FDA by stating it is
retrospectively looking into the incidents, and that the detection
of Paracoccus yeei was due to a lab error. However, the agency said
there is no evidence of that," the complaint read.
The bacteria, pseudomonas aeruginosa, which can cause infections in
the blood and lungs was also found in several water samples from
June 2021 to October 2022.
According to the FDA investigation, that water was used to make
Tom's Simply White clean mint paste, and for the final rinse of
numerous equipment cleaning processes.
The third bacteria found was the ralstonia insidiosa, recovered
from water points of use.
"An FDA investigator also observed a 'black mold-like substance' at
the base of a hose reel and behind a water storage tank at the
facility, which was within a foot away from equipment used for
toothpaste production," the plaintiff wrote.
The plaintiff claimed that the defendant violated and continues to
violate Florida's Deceptive and Unfair Trade Practices Act.
The defendant engaged in unfair methods of competition,
unconscionable acts and practices, and unfair and deceptive acts
and practices in the conduct of their business, the complaint
alleged.
The plaintiffs wrote that, "defendants should also be ordered to
cease its deceptive advertising and should be made to engage in a
corrective advertising campaign to inform consumers that its Tom's
of Maine toothpaste products are adulterated."
They claimed that the product was made and sold, warranting to the
plaintiff that it would be of uniform quality, color, and taste and
capable of functioning reliably.
Additionally, the defendants had a duty to truthfully represent the
product, which it breached, according to the plaintiff.
The defense counsel did not appear yet.
Neither plaintiff nor defendant responded to a request for comment.
[GN]
COLUMBUS REGIONAL: Todd Sues Over Failure to Secure PII & PHI
-------------------------------------------------------------
Brandy Todd, on behalf of himself and all others similarly situated
v. COLUMBUS REGIONAL HEALTH SYSTEM, Case No. 7:24-cv-00911-FL
(E.D.N.C., Sept. 30, 2024), is brought for damages against CRHS for
its failure to exercise reasonable care in securing and
safeguarding sensitive patient personally identifying information
("PII") or protected health information ("PHI")--including first
and last names, Social Security numbers, dates of birth, health
insurance information, personal addresses, and sensitive patient
medical treatment information (collectively defined herein as
"Private Information").
The Plaintiff brings this action on behalf of similarly situated
patients whose sensitive Private Information was stolen by
cybercriminals in a cyber-attack on CRHS's systems that occurred
between May 19, 2023 and May 21, 2023, and which resulted in the
access and exfiltration of Private Information (the "Data Breach"
or "Breach").
Mitigating that risk, to the extent it is even possible to do so,
requires individuals to devote significant time and money to
closely monitor their credit, financial accounts, health records,
and email accounts, and take several additional prophylactic
measures. There has been no assurance offered by CRHS that all
impacted Private Information or copies thereof have been recovered
or destroyed.
Accordingly, Plaintiff asserts claims for negligence, breach of
contract, breach of implied contract, breach of fiduciary duty,
breach of confidence, violations of North Carolina's Unfair and
Deceptive Trade Practices Act, and declaratory and injunctive
relief, says the complaint.
The Plaintiff was notified of the Breach in January 2024.
CRHS is a healthcare nonprofit based in Columbus County, North
Carolina.[BN]
The Plaintiff is represented by:
Samuel Ranchor Harris III,, Esq.
RANCHOR HARRIS LAW, PLLC
1784 Heritage Center Drive Suite 204-E
Wake Forest, NC 27839
Phone: 919-249-5006
Email: Ranchor@ranchorharris.Com
- and -
Nicholas A. Migliaccio, Esq.
Jason Rathod, Esq.
MIGLIACCIO & RATHOD, LLP
412 H Street NE
Washington, D.C. 20002
Phone: 202.470.3520
Email: nmigliaccio@classlawdc.com
COMERICA BANK: Court Extends Time to File Class Cert Reply
----------------------------------------------------------
In the class action lawsuit captioned as PAULA SPARKMAN, on behalf
of herself and all others similarly situated, v. COMERICA BANK, a
foreign corporation, CONDUENT BUSINESS SERVICES, LLC, and CONDUENT
STATE & LOCAL SOLUTIONS, INC., a foreign corporation, Case No.
2:24-cv-01206-DJC-DMC (E.D. Cal.), the Hon. Judge Daniel Calabretta
entered an order granting stipulation to extend time for the
Plaintiff's to file class certification reply:
Comerica is a financial services company.
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eoyqkX at no extra
charge.[CC]
CRESCENT SAFETY: Johnson FLSA Suit Transferred to S.D. Texas
------------------------------------------------------------
The case styled as April Johnson, Evan Girling, Robert Hines,
individually and behalf of all others similarly situated v.
Crescent Safety Services, LLC, Case No. 2:24-cv-00509 was
transferred from the U.S. District Court for the Eastern District
of Virginia, to the U.S. District Court for the Southern District
Of Texas on Nov. 18, 2024.
The District Court Clerk assigned Case No. 4:24-cv-04516 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Crescent Safety Services -- https://www.crescentsafetyservices.com/
-- is a full-service safety training provider.[BN]
The Plaintiffs are represented by:
Todd Michael Gaynor, Esq.
GAYNOR LAW CENTER PC
440 Monticello Ave., Suite 1800
Norfolk, VA 23510
Phone: (757) 828-3739
CRICKET WIRELESS: Lively Suit Transferred to D. Minnesota
---------------------------------------------------------
The case styled as Traci Lively, individually and on behalf of all
others similarly situated v. Cricket Wireless, LLC, Case No.
1:24-cv-03044 was transferred from the U.S. District Court for the
District of Columbia, to the U.S. District Court for the District
of Minnesota on Nov. 18, 2024.
The District Court Clerk assigned Case No. 2:24-cv-00180-BMM to the
proceeding.
The nature of suit is stated as Other Personal Property.
Cricket Wireless LLC -- https://www.cricketwireless.com/ -- is an
American prepaid wireless service provider, wholly-owned by
AT&T.[BN]
The Plaintiff is represented by:
Jason S. Rathod, Esq.
MIGLIACCIO AND RATHOD LLP
412 H St NE
Washington, DC 20002
Phone: (202) 470-3520
Email: jrathod@classlawdc.com
CROWN EQUIPMENT: Egbert Suit Removed to N.D. Ohio
-------------------------------------------------
The case styled as Roger Egbert, individually and on behalf of all
others similarly situated v. Crown Equipment Corporation, Case No.
2024 CV 0110 was removed from the Auglaize County Court of Common
Pleas, to the U.S. District Court for the Northern District of Ohio
on Sept. 30, 2024.
The District Court Clerk assigned Case No. 3:24-cv-01672-JGC to the
proceeding.
The nature of suit is stated as Other P.I.
Crown -- https://www.crown.com/ -- is one of the world's largest
material handling companies.[BN]
The Plaintiff is represented by:
Dylan J. Gould, Esq.
MARKOVITS STOCK & DEMARCO
119 East Court Street, Ste. 500
Cincinnati, OH 45002
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: dgould@msdlegal.com
- and -
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
- and -
Spencer D. Campbell, Esq.
Terence Coates, Esq.
MARKOVITS, STOCK & DEMARCO-CINCINNATI
119 East Court Street, Ste. 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: scampbell@msdlegal.com
tcoates@msdlegal.com
The Defendant is represented by:
Donald M. Houser, Esq.
Kristine M. Brown, Esq.
ALSTON & BIRD-ATLANTA
1201 West Peachtree Street
Atlanta, GA 30309-3424
Phone: (404) 881-4749
Fax: (404) 881-7777
Email: donald.houser@alston.com
- and -
Robert Charles Tucker, Esq.
ROBISON, CURPHEY & O'CONNELL - TOLEDO
Four Seagate
Toledo, OH 43604
Phone: (419) 249-7900
Fax: (419) 249-7911
Email: rtucker@rcolaw.com
CUSTOM FAT LOSS: Sherley Files TCPA Suit in W.D. Kentucky
---------------------------------------------------------
A class action lawsuit has been filed against Custom Fat Loss, LLC.
The case is styled as Sara Sherley, individually, and on behalf of
all others similarly situated v. Custom Fat Loss, LLC doing
business as: Vitality Wellness & Weight Loss, Case No.
3:24-cv-00671-DJH (W.D. Ky., Nov. 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Custom Fat Loss, LLC doing business as Vitality Wellness & Weight
Loss -- https://www.vitalityweight.com/ -- offers premier services
in body contouring and Contour Light Therapy.[BN]
The Plaintiff is represented by:
Christopher E. Roberts, Esq.
BUTSCH ROBERTS & ASSOCIATES, LLC
231 S. Bemiston Avenue, Suite 260
Clayton, MO 63105
Phone: (314) 863-5700
Email: croberts@butschroberts.com
- and -
Erik D. Peterson, Esq.
ERIK PETERSON LAW OFFICES
110 West Vine Street, Suite 300
Lexington, KY 40507
Phone: (800) 614-1957
Email: erik@eplo.law
DELTA AIR: Sandhu Labor Suit Removed to N.D. Calif.
---------------------------------------------------
The case styled RAJDEEP SANDHU, on behalf of himself and all others
similarly situated, Plaintiff v. DELTA AIR LINES, INC., and DOES 1
through 10, inclusive, Defendant, Case No. 24-CIV-05670, was
removed from the Superior Court of the State of California, County
of San Mateo, to the United States District Court for the Northern
District of California on November 20, 2024.
The District Court Clerk assigned Case No. 3:24-cv-08212 to the
proceeding.
In the complaint, the Plaintiff alleges, on behalf of himself and
all others similarly situated, eight total causes of action, seven
of which are for various violations of the California Labor Code
and one for "Unfair Competition" under the California Business &
Professions Code.
Delta Air Lines, Inc. provides scheduled air transportation for
passengers, freight, and mail over a network of routes.[BN]
The Defendant is represented by:
Carrie S. Gonell, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Telephone: (714) 830-0600
Facsimile: (714) 830-0700
E-mail: carrie.gonell@morganlewis.com
- and -
Andrew P. Frederick, Esq.
Nicole L. Antonopoulos, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Telephone: (650) 843-4000
Facsimile: (650) 843-4001
E-mail: andrew.frederick@morganlewis.com
nicole.antonopolous@morganlewis.com
DENTSPLY SIRONA: SAFPPF Seeks to Certify Class Action
-----------------------------------------------------
In the class action lawsuit captioned as SAN ANTONIO FIRE AND
POLICE PENSION FUND, CITY OF BIRMINGHAM RETIREMENT AND RELIEF
SYSTEM, EL PASO FIREMEN & POLICEMEN’S PENSION FUND, and WAYNE
COUNTY EMPLOYEES' RETIREMENT SYSTEM, Individually and on Behalf of
All Others Similarly Situated, v. DENTSPLY SIRONA INC., DONALD M.
CASEY, JR., and JORGE GOMEZ, Case No. 1:22-cv-06339-AS (S.D.N.Y.),
the Lead Plaintiffs ask will move this Court for an order:
(1) certifying this matter as a class action;
(2) appointing Plaintiffs as Class Representatives; and
(3) appointing Robbins Geller Rudman & Dowd LLP as Class
Counsel.
Dentsply is an American dental equipment manufacturer and dental
consumables producer.
A copy of the Plaintiffs' motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=d3AAOD at no extra
charge.[CC]
The Plaintiffs are represented by:
Luke O. Brooks, Esq.
Hillary B. Stakem, Esq.
Nicole Q. Gilliland, Esq.
Jessica E. Robertson, Esq.
Samuel H. Rudman, Esq.
David A. Rosenfeld, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: (619) 231-1058
Facsimile: (619) 231-7423
E-mail: lukeb@rgrdlaw.com
hstakem@rgrdlaw.com
ngilliland@rgrdlaw.com
jrobertson@rgrdlaw.com
srudman@rgrdlaw.com
drosenfeld@rgrdlaw.com
- and -
Thomas C. Michaud, Esq.
VANOVERBEKE, MICHAUD & TIMMONY, P.C.
79 Alfred Street
Detroit, MI 48201
Telephone: (313) 578-1200
Facsimile: (313) 578-1201
E-mail: tmichaud@vmtlaw.com
DICKSON-DIVELEY MIDWEST: Berberich Suit Removed to W.D. Mo.
-----------------------------------------------------------
The case styled WILLIAM BERBERICH, et al., individually and on
behalf of all others similarly situated v. MICHAEL HELLMAN, M.D.,
et al., Case No. 2416-cv23131, was removed from the Circuit Court
of Jackson County, Missouri County, to the U.S. District Court for
the Western District of Missouri on October 7, 2024.
The Clerk of Court for the Western District of Missouri assigned
Case No. 4:24-cv-00653-SRB to the proceeding.
The case arises from the Defendants' alleged medical malpractice.
[BN]
The Defendants are represented by:
Brian D. Malkmus, Esq.
MALKMUS LAW FIRM
305 Park Central West
Springfield, MO 65806
Telephone: (417) 447-5000
Facsimile: (417) 447-5001
Email: bmalkmus@malkmuslaw.com
- and -
Mark W. Schmitz, Esq.
Derek H. MacKay, Esq.
Nicole Jo Gudmens, Esq.
KNIGHT NICASTRO MACKAY LLC
304 W. 10th Street
Kansas City, MO 64105
Telephone: (816) 396-0161
Facsimile: (816) 396-6233
Email: schmitz@knightnicastro.com
mackay@knightnicastro.com
gudmens@knightnicastro.com
- and -
Lawrence Joseph Logback, Esq.
Kemper Anne Bogle, Esq.
SIMPSON, LOGBACK, LYNCH, NORRIS, PA
10851 Mastin Blvd., Suite 1000
Overland Park, KS 66210
Telephone: (913) 342-2500
Email: Llogback@slln.com
kbogle@slln.com
- and -
Justin D. Fowler, Esq.
Claire J. Cowherd, Esq.
Joseph A. Kronawitter, Esq.
Taylor Foye, Esq.
HORN, AYLWARD & BANDY, LLC
2600 Grand Boulevard, Suite 1100
Kansas City, MO 64108
Telephone: (816) 421-0700
Facsimile: (816) 421-0899
Email: jfowler@hab-law.com
ccowherd@hab-law.com
jkronawitter@hab-law.com
tfoye@hab-law.com
DZS INC: Continues to Defend Shim Securities Class Suit
-------------------------------------------------------
DZS Inc. disclosed in its Form 10-Q Report for the quarterly period
ending September 30, 2024 filed with the Securities and Exchange
Commission on November 12, 2024, that the Company continues to
defend itself from Shim the securities class suit in the Eastern
District of Texas.
In June and August of 2023, DZS shareholders filed three putative
securities class actions related to DZS's June 1, 2023 Form 8-K
announcing the Company's intention to restate its financial
statements for the first quarter of 2023. Each suit was filed in
the Eastern District of Texas. All three cases allege violations
of Sections 10(b) and 20(a) of the Exchange Act against DZS, its
Chief Executive Officer and its Chief Financial Officer. The cases
are: (1) Shim v. DZS et al., filed June 14, 2023; (2) Link v. DZS
et al., filed June 27, 2023; and (3) Cody v. DZS et al., filed
August 9, 2023.
Three potential lead plaintiffs filed applications for appointment
on August 14, 2023. On September 12, 2023, the cases were
consolidated under the lead case Shim v. DZS et al. The plaintiffs
are seeking unspecified damages, interest, fees, costs and
interest.
As of November 4, 2024, the court has not yet ruled on the
appointment of a lead plaintiff and the Defendants have not yet
responded to any complaint. DZS intends to vigorously defend these
lawsuits.
DZS Inc. is a developer of Networking and Connectivity systems and
Cloud Edge software solutions enabling broadband everywhere. The
Company provides a wide array of reliable, cost-effective access
and optical networking technologies and cloud software to a diverse
customer base.
ECHOSTAR CORP: Continues to Defend Data Breach Class Suit
---------------------------------------------------------
EchoStar Corp. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
continues to defend itself from the consolidated data breach class
suit in the United States District Court for the District of
Colorado.
On May 9, 2023, Susan Owen-Brooks, an alleged customer, filed a
putative class action complaint against our wholly-owned subsidiary
DISH Network in the United States District Court for the District
of Colorado.
She purports to represent a nationwide class of all individuals in
the United States who allegedly had private information stolen as a
result of the February 23, 2023 Cyber-security Incident (and a
North Carolina statewide subclass of the same individuals).
Since that filing, ten additional putative class action complaints
have been filed in the United States District Court for the
District of Colorado, purporting to represent the same nationwide
class of people, and Owen-Brooks has filed an amended complaint.
On August 2, 2023, the Court issued an order consolidating the
first ten cases (the eleventh was dismissed) and, on November 16,
2023 and January 16, 2024, the plaintiffs filed consolidated
amended class action complaints.
On September 27, 2024, the Court granted DISH Network’s motion to
dismiss the First Amended Consolidated Class Action Complaint as to
eight of the eleven named plaintiffs and as to certain causes of
action.
On October 29, 2024, the Plaintiffs filed the operative Second
Amended Consolidated Class Action Complaint, which deletes the
allegations as to the dismissed plaintiffs and causes of action,
leaving three named plaintiffs and causes of action for negligence,
negligence per se, breach of implied contract, and declaratory
judgment.
The Company intends to vigorously defend this case.
EchoStar Corporation (Nasdaq: SATS) -- www.echostar.com -- is a
provider of technology, networking services, television
entertainment, and connectivity, offering consumer, enterprise,
operator, and government solutions worldwide under its EchoStar,
Boost Mobile, Boost Infinite, Sling TV, DISH TV, Hughes, HughesNet,
HughesON, and JUPITER brands.
ECHOSTAR CORP: Subsidiary Continues to Defend Jones 401(k) Suit
---------------------------------------------------------------
EchoStar Corp. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company's
subsidiary, Dish Network, continues to defend itself from the Jones
401(k) class suit in the United States District Court for the
District of Colorado.
On December 20, 2021, four former employees filed a class action
complaint in the United States District Court for the District of
Colorado against the Company's wholly-owned subsidiary DISH
Network, its Board of Directors, and its Retirement Plan Committee
alleging fiduciary breaches arising from the management of our
401(k) Plan.
The putative class, comprised of all participants in the Plan on or
after January 20, 2016, alleges that the Plan had excessive
recordkeeping and administrative expenses and that it maintained
underperforming funds.
On February 1, 2023, a Magistrate Judge issued a recommendation
that the defendants' motion to dismiss the complaint be granted,
and on March 27, 2023, the district court judge granted the motion.
As permitted by the Court's order, the plaintiffs filed an amended
complaint on April 10, 2023, which is limited to allegations
regarding the alleged underperformance of the Fidelity Freedom
Funds.
On November 7, 2023, a Magistrate Judge issued a recommendation
that the defendants' motion to dismiss the amended complaint be
denied as to the duty to prudently monitor fund performance, but be
granted as to the duty of loyalty and, on November 27, 2023, the
district court judge entered an order adopting the recommendation.
On March 1, 2024, by stipulation, the plaintiffs dismissed their
claims against the Board of Directors and the Retirement Plan
Committee, leaving DISH Network as the sole defendant.
On April 30, 2024, pursuant to the parties' stipulation, the Court
certified the proposed plaintiff class.
On October 30, 2024, pursuant to the parties' stipulation, the
Court stayed the litigation pending a mediation.
The Company intends to vigorously defend this case.
EchoStar Corporation (Nasdaq: SATS) -- www.echostar.com -- is a
provider of technology, networking services, television
entertainment, and connectivity, offering consumer, enterprise,
operator, and government solutions worldwide under its EchoStar,
Boost Mobile, Boost Infinite, Sling TV, DISH TV, Hughes, HughesNet,
HughesON, and JUPITER brands.
ECHOSTAR CORP: Subsidiary Continues to Defend Lingam Suit
---------------------------------------------------------
EchoStar Corp. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company's
subsidiary, Dish Network, continues to defend itself from the
Lingam securities class suit in the United States District Court
for the District of Colorado.
On March 23, 2023, a securities fraud class action complaint was
filed against the Company's wholly-owned subsidiary DISH Network
and Messrs. Ergen, Carlson and Orban in the United States District
Court for the District of Colorado.
The complaint is brought on behalf of a putative class of
purchasers of our securities during the February 22, 2021 to
February 27, 2023 class period.
In general, the complaint alleges that DISH Network’s public
statements during that period were false and misleading and
contained material omissions, because they did not disclose that
DISH Network allegedly maintained a deficient cyber-security and
information technology infrastructure, were unable to properly
secure customer data and DISH Network's operations were susceptible
to widespread service outages.
In August 2023, the Court appointed a new lead plaintiff and lead
plaintiff's counsel, and, on
October 20, 2023, they filed an amended complaint that abandoned
the original allegations. In their amended complaint, plaintiffs
allege that, during the class period, the defendants concealed
problems concerning the 5G network buildout that prevented scaling
and commercializing the network to obtain enterprise customers.
The amended complaint added as individual defendants James S.
Allen, DISH Network's Senior Vice President and Chief Accounting
Officer; John Swieringa, its President, Technology and Chief
Operating Officer; Dave Mayo, DISH Network's former Executive Vice
President of Network Development; Marc Rouanne, DISH Network's
former Executive Vice President and Chief Network Officer; and
Stephen Bye, DISH Network's former Executive Vice President and
Chief Commercial Officer.
After the defendants filed a motion to dismiss, the plaintiffs
filed a further amended complaint, asserting the same theory, on
February 23, 2024.
The new complaint drops Erik Carlson, John Swieringa, Paul Orban
and James Allen as individual defendants.
The Company intends to vigorously defend this case.
EchoStar Corporation (Nasdaq: SATS) -- www.echostar.com -- is a
provider of technology, networking services, television
entertainment, and connectivity, offering consumer, enterprise,
operator, and government solutions worldwide under its EchoStar,
Boost Mobile, Boost Infinite, Sling TV, DISH TV, Hughes, HughesNet,
HughesON, and JUPITER brands.
EIDP INC: Parties Seek to Extend Class Cert Deadlines
-----------------------------------------------------
In the class action lawsuit captioned as CANDY CAPORALE, et al., v.
EIDP, INC., et al., Case No. 1:19-cv-01672-JLH-SRF (D. Del.), the
Parties ask the Court to enter an order granting joint stipulation
to extend class certification deadlines:
Event Current Proposed
Deadline Deadline
Deadline for Deposition of Dec. 20, 2024 Jan. 24,
2025
Plaintiffs' Class Experts:
Defendants' Opposition to Nov. 25, 2024 Feb. 21,
2025
Plaintiffs' Class Certification
Motion; Defendants' Class
Certification Expert Disclosures
and Objections to Plaintiffs' Class
Certification Expert Disclosures:
Deadline for Deposition of Jan. 3, 2025 March 28,
2025
Defendants' Class Experts:
Plaintiffs' Reply in Further Feb. 4, 2025 May 2, 2025
Support of Class Certification
Motion; Plaintiffs' Objections
to Defendants' Class Certification
Expert Disclosures and
Opposition to Defendants'
Objections to Plaintiffs' Class
Experts:
Defendants' Opposition to Feb. 24, 2025 May 23,
2025
Plaintiffs' Objections to
Defendants' Class Experts;
Defendants' Reply in support of
Objections to Plaintiffs' Expert
Disclosures:
Plaintiffs' Reply in support of June 6,
2025
Objections to Defendants' Expert
Disclosures:
EIDP provides seeds and crop protection products for the
agriculture industry.
A copy of the Parties' motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Cqbe4j at no extra
charge.[CC]
The Plaintiffs are represented by:
Thomas Crumplar, Esq.
JACOBS & CRUMPLAR, P.A.
750 Shipyard Drive, Suite 200
Wilmington DE 19801
Telephone (302) 656-5445
E-mail: tom@jcdelaw.com
The Defendants are represented by:
Catherine A. Gaul, Esq.
Andrew Colin Mayo, Esq.
Randall J. Teti, Esq.
ASHBY & GEDDES, P.A.
500 Delaware Avenue – Floor 8
Wilmington DE 19801
Telephone: (302) 654-1888
E-mail: cgaul@ashbygeddes.com
amayo@ashbygeddes.com
rteti@ashbygeddes.com
- and -
Brian D. Tome, Esq.
REILLY, McDEVITT & HENRICH, P.C.
1013 Centre Road – Suite 210
Wilmington DE 19805
Telephone: (302) 777-1700
E-mail: btome@rmh-law.com
- and -
Kelly E. Farnan, Esq.
RICHARDS, LAYTON & FINGER, P.A.
One Rodney Square
920 North King Street
Wilmington DE 19801
Telephone: (302) 651-7700
E-mail: farnan@rlf.com
- and -
Gerry Gray, Esq.
DOROSHOW, PASQUALE,
KRAWITZ & BHAYA
14 Village Square
Smyrna DE 19977
Telephone: (302) 508-2140
E-mail: GerryGray@dplaw.com
- and -
Kaan Ekiner, Esq.
COZEN O'CONNOR
1201 North Market Street – Suite 1001
Wilmington, DE 19801
Telephone: (302) 295-2035
E-mail: kekiner@cozen.com
- and -
David A. Schlier, Esq.
Daniel M. Silver, Esq.
McCARTER & ENGLISH, LLP
Renaissance Centre
405 North King Street – Floor 8
Wilmington DE 19801
Telephone: (302) 984-6300
E-mail: dschlier@mccarter.com
EL QUETZALITO: Faces Salvador Wage-and-Hour Suit in E.D.N.Y.
------------------------------------------------------------
BERNARDO AUGUSTO QUINO SALVADOR and NELY IXKANIL, individually and
on behalf of all others similarly situated, Plaintiffs v. EL
QUETZALITO CORP., EL QUETZALITO CORP. 2, EL QUETZALITO CORP. 4 and
CHAPILANDIA DELI CORP., and ELIU ABRAHAM VELASQUEZ ZACARIAS and
JOSUE VELASQUEZ, as individuals, Defendants, Case No.
1:24-cv-08061-AMD-LKE (E.D.N.Y., November 20, 2024) seeks to
recover damages for Defendants' egregious violations of the Fair
Labor Standards Act and the New York Labor Law.
The Plaintiffs allege the Defendants' failure to pay minimum and
overtime wages, failure to pay an additional hour of pay at minimum
wage for each day worked more than 10 hours, failure to pay wages
owed on a weekly basis in which wages were earned, and failure to
provide with a written wage notice.
Plaintiff Salvador was employed by the Defendants from July 2021
until June 2022, and from January 2023 until September 2024 as an
organizer, food preparer, cleaner, dishwasher and delivery person,
while performing other miscellaneous duties.
El Quetzalito Corp. is a New York domestic business corporation
engaged in the food business.[BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, PC
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
Facsimile: (718) 263-9598
ELLINGTON SERVICE: Sends Unwanted Telemarketing Calls, Tom Claims
-----------------------------------------------------------------
DAVID TOM, individually and on behalf of all others similarly
situated, Plaintiff v. ELLINGTON SERVICE CORPORATION and 33 MILE
RADIUS LLC D/B/A EVERCONNECT AND KEYWORD CONNECTS, Defendants, Case
No. 6:24-cv-01859-JSS-DCI (M.D. Fla., October 16, 2024) is a class
action against the Defendants for violations of the Telephone
Consumer Protection Act and the Florida Telephone Solicitations
Act.
According to the complaint, the Defendants use automated systems to
make telemarketing calls to consumers in Florida, including the
Plaintiff, without prior express written consent. As a result of
the Defendants' misconduct, the Plaintiff and similarly situated
consumers have been harmed including, but not limited to, the
invasion of their privacy, annoyance, waste of time, the use of
their telephone power and network bandwidth, and the intrusion on
their telephone that occupied it from receiving legitimate
communications.
Ellington Service Corporation is an air conditioning company based
in Rockledge, Florida.
33 Mile Radius LLC, doing business as EverConnect and Keyword
Connects, is a Massachusetts-based telemarketer and lead generator.
[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
Email: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
EQUIFAX INFORMATION: Cassaro Files FCRA Suit in M.D. Florida
------------------------------------------------------------
A class action lawsuit has been filed against EQUIFAX INFORMATION
SERVICES, LLC, et al. The case is styled as Nichol Cassaro,
individually and on behalf of all others similarly situated v.
EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS,
INC.; TRANS UNION, LLC; CITIBANK, N.A.; and DISCOVER BANK, LLC,
Case No. 8:24-cv-02609 (M.D. Fla., Sept. 30, 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 Plaintiff is represented by:
Eliyahu Babad, Esq.
STEIN SAKS PLLC
One University Plaza, Ste 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: ebabad@steinsakslegal.com
- and -
Michael Clark Brubaker, Esq.
BRUBAKER LAW GROUP PLLC
14506 NE 184TH PL
Woodinville, WA 98072
Phone: (206) 335-8746
Email: michael@brubakerlawgroup.com
The Defendant is represented by:
Sara Jane Wadsworth, Esq.
STOEL RIVES LLP (WA)
600 University ST., Ste 3600
Seattle, WA 98101-3197
Phone: (206) 624-0900
Email: sara.wadsworth@stoel.com
- and -
John S Devlin, III, Esq.
LANE POWELL PC (SEA)
1420 Fifth Ave., Ste 4200
PO BOX 91302
Seattle, WA 98111-9402
Phone: (206) 223-7000
Fax: (206) 223-7107
Email: devlinj@lanepowell.com
ESKATON PROPERTIES: Faces Osborn Employment Suit in Cal. State Ct.
------------------------------------------------------------------
A class action lawsuit has been filed against Eskaton Properties,
Incorporated. The case is captioned as SHARON OSBORN, et al.,
individually and on behalf of all others similarly situated, v.
ESKATON PROPERTIES, INCORPORATED, Case No. 24CV020377 (Cal. Super.,
Sacramento Cty., October 7, 2024).
The suit is brought over the Defendant's alleged employment
violation.
A case management conference is set for November 7, 2025, before
Judge Christopher E. Krueger.
Eskaton Properties, Incorporated is a provider of senior living
care and services in California. [BN]
The Plaintiff is represented by:
William C. Sung, Esq.
JUSTICE FOR WORKERS, PC
3600 Wilshire Blvd., Ste. 1815
Los Angeles, CA 90010
Telephone: (323) 922-2000
Email: william@justiceforworkers.com
EXPRESS SERVICES: Karli Sues Over Failure to Secure PII
-------------------------------------------------------
Russell Karli, individually and on behalf of all others similarly
situated v. EXPRESS SERVICES, INC., Case No. 5:24-cv-01021-HE (W.D.
Okla., Sept. 30, 2024), is brought for its failure to properly
secure and safeguard Plaintiffs and the Class's highly sensitive
personally identifiable information (collectively, "PII" or
"Private Information").
The Defendant identified it was subject to a cyberattack in or
about June 21, 2024 (the "Data Breach"). The Defendant investigated
the Data Breach and confirmed that an unauthorized actor accessed
Defendant's systems on June 21, 2024, and obtained Plaintiff and
the Class Members PII. The Defendant sent notice to those
potentially affected by its services starting in September 2024.
The Defendant's notice confirms the cyber criminals obtained
Plaintiff and the Class Members data and the data remains with such
unauthorized criminals.
The Defendant maintained the Private Information in a reckless and
negligent manner. In particular, the Private Information was
maintained on Defendant's computer system and network in a
condition vulnerable to cyberattack. Upon information and belief,
the mechanism of the Data Breach and potential for improper
disclosure of Plaintiffs and Class Members ' Personal Information
was a h101.vn risk to Defendant and thus Defendant was on notice
that failing to take steps necessary to secure the Personal
Information from those risks left that information in a dangerous
condition.
Because of the Data Breach. Plaintiff and Class Members suffered
ascertainable losses in the form of the loss of the benefit of
their bargain, out-of-pocket expenses, and the value of their time
reasonably incurred to remedy or mitigate the effects of the attack
and the substantial and imminent risk of identity theft.
By obtaining, collecting, using, and profiting from the Private
Information of Plaintiff and Class Members, Defendant assumed legal
and equitable duties to those individuals to protect and safeguard
that information from unauthorized access and intrusion. Defendant
admits that the Private Information was obtained by criminals
during the Data Breach.
The Plaintiff and Class Members had no idea their Private
Information had been compromise, and that they were, and continue
to be, at significant risk of identity theft and various other
forms of personal, social, and financial harm. The risk will remain
for their lifetimes, says the complaint.
The Plaintiff received a Notice of Data Breach Letter from the
Defendant.
Express Services, Inc. is a foreign for-profit business
corporation.[BN]
The Plaintiff is represented by:
Ryan Fulda, Esq.
FULDA LAW, PLLC
1800 South Baltimore Avenue, Ste- 420
Tulsa, OK 74119
Phone: (918) 550-8109
Email: rftldafifuldalaw.com
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Phone: (888) 350-3931
Fax: (888) 276-3455
Email: Imontgomerv@eksm.com
FATE THERAPEUTICS: Continues to Defend Hadian Securities Class Suit
-------------------------------------------------------------------
Fate Therapeutics Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Hadian securities class
suit in the United States District Court for the Southern District
of California.
On January 20, 2023, a purported stockholder of the Company filed a
securities class action lawsuit against the Company and certain of
its officers captioned Hadian v. Fate Therapeutics, Inc. et al. in
the U.S. District Court for the Southern District of California
(the Securities Action).
On May 4, 2023, the court appointed a different purported
stockholder of the Company to serve as lead plaintiff in the
Securities Action.
On July 24, 2023, the lead plaintiff filed an amended complaint.
The amended complaint alleged that the Company violated the federal
securities laws by making allegedly false and/or misleading
statements and/or omissions in its public disclosures dating back
to August 2020 relating to our collaboration agreement with Janssen
Biotech, Inc. (the Janssen Agreement), potential product candidates
subject to the Janssen Agreement, and the termination of the
Janssen Agreement.
On September 22, 2023, the Company filed a motion to dismiss the
amended complaint.
On September 19, 2024, the court granted its motion to dismiss the
amended complaint, with leave for plaintiff to file a second
amended complaint.
On October 18, 2024, the lead plaintiff filed a second amended
complaint alleging substantially similar facts and claims as in the
prior amended complaint.
Its motion to dismiss the second amended complaint is due on
November 18, 2024, with briefing due to be completed by January 21,
2025.
It intends to continue to vigorously defend against this action.
Fate Therapeutics, Inc. is a clinical-stage biopharmaceutical
company dedicated to bringing off-the-shelf,
multiplexed-engineered, iPSC-derived natural killer and T-cell
product candidates to patients for the treatment of cancer and
autoimmune disease.
FISHER-PRICE INC: Gates et al. Sue Over Defective Snuga Wings
-------------------------------------------------------------
VALERIE GATES, PHLECIA MCCREA, and DEZARAE OROURKE individually and
on behalf of all others similarly situated, Plaintiffs v.
FISHER-PRICE, INC. and MATTEL, INC., Defendants, Case No.
2:24-cv-09953 (C.D. Cal., November 18, 2024) arises from
Defendants' false and misleading marketing of their signature line
of Snuga Swings.
Despite Defendants' public commitment to the safety of consumers,
the Snuga Swings suffer from a defect wherein they fail to hold and
maintain an appropriately level or flat sleeping surface that is
safe and consistent with industry standards and guidance regarding
infant sleep. Moreover, the defect renders these swings unsafe for
infant sleep, which is inconsistent with reasonable consumer
expectations, contrary to Defendants' pervasive representations and
omissions regarding the safety of the product, and takes advantage
of the trust Defendants have built with their consumers over the
past several decades. Accordingly, the Plaintiffs now seek redress
for Defendants' unlawful conduct and assert claims for breach of
implied warranties, unjust enrichment, fraud, negligent
misrepresentation, negligence--failure to warn, and for violations
of the Illinois Consumer Fraud and Deceptive Trade Practices Act,
the New York's Consumer Protection Statute, and the New York's
Consumer Protection Law.
Headquartered in East Aurora, Erie County, New York, Fisher-Price
is a Delaware corporation that designs, manufactures, distributes,
markets, advertises, labels, and sells products for the care of
infants and preschool children to consumers throughout the United
States. The company is a wholly-owned subsidiary of Mattel. [BN]
The Plaintiffs are represented by:
Kyle McLean, Esq.
Lisa R. Considine, Esq.
Leslie L. Pescia, Esq,
SIRI & GLIMSTAD
700 S. Flower Street, Suite 1000
Los Angeles, CA 90017
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
E-mail: kmclean@sirillp.com
lconsidine@sirillp.com
lpescia@sirillp.com
FLYWHEEL ENERGY: Eubanks Bid for Class Certification Terminated
----------------------------------------------------------------
In the class action lawsuit captioned as Eubanks, et al., v.
Flywheel Energy Production LLC, et al., Case No. 4:21-cv-00329
(E.D. Ark., Filed April 21, 2021), the Hon. Judge Lee P. Rudofsky
entered an order directing the Clerk to administratively terminate
motion for class certification.
Flywheel operates as an oil and gas exploration and production
company. The Company focuses on the acquisition of oil and gas
assets.[CC]
FLYWHEEL ENERGY: Eubanks Seeks to Withdraw Class Certification Bid
------------------------------------------------------------------
In the class action lawsuit captioned as LARRY W. EUBANKS AND
CAROLYN D. EUBANKS, Individually and on behalf of all others
similarly situated, v. FLYWHEEL ENERGY PRODUCTION, LLC; XTO ENERGY,
INC., Case No. 4:21-cv-00329-LPR (E.D. Ark.), the Plaintiffs ask
the Court to enter an order withdrawing their motion for class
certification.
Flywheel Energy is a private exploration and production company
formed to acquire and operate onshore U.S. oil and gas assets.
A copy of the Plaintiffs' motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=m4NAtX at no extra
charge.[CC]
The Plaintiffs are represented by:
M. Edward Morgan, Esq.
Nathan S. Morgan, Esq.
MORGAN LAW FIRM, P.A.
244 Highway 65 North, Suite 5
Clinton, AR 72031-7085
Telephone: (501) 745-4044
Facsimile: (501) 745-5358
E-mail: eddie@medwardmorgan.com
nathan@morganlawfirmpa.com
- and -
Thomas P. Thrash, Esq.
Will T. Crowder, Esq.
THRASH LAW FIRM, P.A.
1101 Garland Street
Little Rock, AR 72201-1214
Telephone: (501) 374-1058
Facsimile: (501) 374-2222
E-mail: tomthrash@thrashlawfirmpa.com
willcrowder@thrashlawfirmpa.com
FLYWHEEL ENERGY: Flowers Seeks to Withdraw Class Certification Bid
------------------------------------------------------------------
In the class action lawsuit captioned as GARY FLOWERS AND DEBBIE
FLOWERS, Individually and on behalf of all others similarly
situated v. FLYWHEEL ENERGY PRODUCTION, LLC, MERIT ENERGY COMPANY,
LLC, and CAER ENERGY, LLC f/k/a RIVERBEND OIL & GAS VIII, LLC, Case
No. 4:21-cv-00330-LPR (E.D. Ark.), the Plaintiffs ask the Court to
enter an order withdrawing their motion for class certification.
Flywheel Energy is a private exploration and production company
formed to acquire and operate onshore U.S. oil and gas assets.
A copy of the Plaintiffs' motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xLKn6U at no extra
charge.[CC]
The Plaintiffs are represented by:
M. Edward Morgan, Esq.
Nathan S. Morgan, Esq.
MORGAN LAW FIRM, P.A.
244 Highway 65 North, Suite 5
Clinton, AR 72031-7085
Telephone: (501) 745-4044
Facsimile: (501) 745-5358
E-mail: eddie@medwardmorgan.com
nathan@morganlawfirmpa.com
- and -
Thomas P. Thrash, Esq.
William T. Crowder, Esq.
THRASH LAW FIRM, P.A.
1101 Garland Street
Little Rock, AR 72201-1214
Telephone: (501) 374-1058
Facsimile: (501) 374-2222
E-mail: tomthrash@thrashlawfirmpa.com
willcrowder@thrashlawfirmpa.com
FLYWHEEL ENERGY: Oliger Bid for Class Certification Terminated
---------------------------------------------------------------
In the class action lawsuit captioned as Oliger, et al., v.
Flywheel Energy Production LLC, Case No. 4:20-cv-01146 (E.D. Ark.,
Filed Sept. 25, 2020), the Hon. Judge Lee P. Rudofsky entered an
order directing the Clerk to administratively terminate motion for
class certification.
The nature of suit states breach of contract.
Flywheel operates as an oil and gas exploration and production
company. The Company focuses on the acquisition of oil and gas
assets.[CC]
FOOTWEAR UNLIMITED: Garcia Suit Removed to D. California
--------------------------------------------------------
The case styled as Silvia Garcia, individually and on behalf of all
others similarly situated v. Footwear Unlimited, Inc., a Delaware
corporation d/b/a www.thefryecompany.com, Case No. 24STCV25920 was
removed from the Los Angeles County Superior Court, to the U.S.
District Court for the Central District of California on Nov. 18,
2024.
The District Court Clerk assigned Case No. 2:24-cv-09959 to the
proceeding.
The nature of suit is stated as Other Contract.
Footwear Unlimited is a shoe manufacturer that designs and
distributes a collection of shoes of trends, styles, fashion, and
technology.[BN]
The Defendant is represented by:
Aya Elalami, Esq.
THOMPSON COBURN LLP
10100 Santa Monica Boulevard, Suite 500
Los Angeles, CA 90067
Phone: (310) 282-2500
Fax: (310) 282-2501
Email: aelalami@thompsoncoburn.com
FROEDTERT HEALTH: Parties Seek More Time to File Class Response
---------------------------------------------------------------
In the class action lawsuit captioned as Nichole Lutz on behalf of
herself and all other similarly situated, v. Froedtert Health Inc.,
Case No. 2:23-cv-00974-WED (E.D. Wis.), the Parties ask the Court
to enter an order extending Defendant's deadline to file its
Response Brief or Stipulation to Plaintiff's Motion for class
certification to Nov. 22, 2024.
On October 11, 2024, the Plaintiff moved for Class Certification.
The Parties engaged in discussions regarding a stipulation to Class
Certification; however, the Parties needed additional time to
continue that process to see if a Stipulation will be successful.
Throughout the last two weeks, the Parties continued to work out
the details on the Stipulation but ran into a detail that needs to
be worked out before a complete Stipulation can be submitted to the
Court.
A copy of the Parties' motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KP7xup at no extra
charge.[CC]
The Plaintiff is represented by:
Yingtao Ho, Esq.
THE PREVIANT LAW FIRM S.C.
310 W. Wisconsin Avenue, Suite 100MW
Milwaukee, WI 53203
Telephone: (414) 271-4500
Facsimile: (414) 271-6308
E-mail: yh@previant.com
The Defendant is represented by:
Brian M. Radloff, Esq.
OGLETREE, DEAKINS, NASH, SMOAK
& STEWART, P.C.
1243 N. 10th Street, Suite 200
Milwaukee, WI 53205
Telephone: (414) 239-6405
Facsimile: (414) 755-8289
E-mail: brian.radloff@ogletree.com
GAINSCO AUTO INSURANCE: Taylor Files TCPA Suit in N.D. Texas
------------------------------------------------------------
A class action lawsuit has been filed against Gainsco Auto
Insurance Agency Inc. The case is styled as Sara Taylor,
individually and on behalf of all others similarly situated v.
Gainsco Auto Insurance Agency Inc., Case No. 3:24-cv-02889-L (N.D.
Tex., Nov. 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
GAINSCO Auto Insurance -- https://www.gainsco.com/ -- specializes
in minimum-limits personal auto insurance policies that are
customizable to your needs.[BN]
The Plaintiff is represented by:
Sharon K Campbell, Esq.
LAW OFFICE OF SHARON K CAMPBELL
3500 Oak Lawn Ave, Suite 205
Dallas, TX 75219
Phone: (214) 351-3260
Fax: (214) 443-6055
Email: sharon@sharonkcampbell.com
- and -
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (617) 485-0018
Fax: (508) 318-8100
Email: anthony@paronichlaw.com
GENERAL DYNAMICS: Lopez Suit Removed to S.D. California
-------------------------------------------------------
The case styled as Veronica B. Lopez, individually, and on behalf
of all others similarly situated v. GENERAL DYNAMICS INFORMATION
TECHNOLOGY, INC., a Virginia corporation; and DOES 1 through 10,
inclusive, Case No. 24CU002514C was removed from the Superior Court
of California, County of San Diego, to the United States District
Court for the Southern District of California on Sept. 30, 2024,
and assigned Case No. 3:24-cv-01743-BAS-DEB.
The Complaint seeks damages, penalties, and injunctive relief on
behalf of a putative class for alleged violations of California
law, including: failure to pay minimum wages; failure to pay
overtime wages; failure to provide required meal periods; failure
to provide required rest periods; failure to reimburse business
expenses; failure to timely pay wages at termination; failure to
provide accurate itemized wage statements; and violations of the
Unfair Competition Law.[BN]
The Defendants are represented by:
Carrie A. Gonell, Esq.
David J. Rashe, Esq.
Hailey A. Phelan, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Phone: +1.714.830.0600
Fax: +1.714.830.0700
Email: carrie.gonell@morganlewis.com
david.rashe@morganlewis.com
hailey.phelan@morganlewis.com
GETGENAI INC: Kornuta Sues Over Failure to Pay Wages
----------------------------------------------------
Tomasz Kornuta, and other similarly situated v. GETGENAI, INC., a
Delaware Corporation; DOES 1-50, Case No. 24STCV25291 (Cal. Super.
Ct., Los Angeles Cty., Sept. 30, 2024), is brought against
Defendant for engaging in a pattern of wage-and-hour violations
under the California Labor Code, for violation of Business &
Professions Code, and for Declaratory Relief pursuant to Code of
Civil Procedure under the Private Attorneys General Act of 2004
("PAGA") as a result of the Defendants' failure to pay wages.
The Plaintiff is informed and believes, and thereon alleges, that
Defendant deliberately violated California's wage-and-hour laws by
intentionally misclassifying Plaintiff as an independent contractor
despite his status as an employee; by failing to pay his full wages
for work performed during and following termination of his
employment; failing to provide accurate, written wage statements;
and failure to reimburse all necessary business expenses, which
contributed to Defendant's unfair competition under Business &
Professions Code, says the complaint.
The Plaintiff was an employee and Chief Technology Officer of
Defendant from May 9, 2023 until March 15, 2024.
GETGENAI, INC. is a technology startup corporation organized and
existing under the laws of Delaware.[BN]
The Plaintiff is represented by:
David R. Ongaro, Esq.
Shireen S. Kennedy, Esq.
ONGARO PC
1604 Union Street
San Francisco, CA 94123
Phone: (415) 433-3900
Facsimile: (415) 433-3950
Email: dongaro@ongaropc.com
skennedy@ongaropc.com
GILMORE SERVICES: Faces Class Action Over Labor Law Violations
--------------------------------------------------------------
The Northern California labor law attorneys at Zakay Law Group,
APLC and JCL Law Firm, APC, filed a class action complaint against
Gilmore Services, LLC (hereinafter, "Gilmore Services") for
allegedly failing to provide meal and rest breaks. The class action
lawsuit, Case No. 24CV022470, is currently pending in the
Sacramento County Superior Court of the State of California.
According to the lawsuit, Gilmore Services allegedly violated
California Labor Code Sections Secs. 201, 202, 203, 204, 210, 226,
226.7, 246, 351, 510, 512, 558, 1194, 1197, 1197.1, 1198 and 2802
by failing to: (1) pay minimum wages; (2) pay overtime wages; (3)
provide required meal and rest periods; (4) provide wages when due;
(5) provide accurate itemized wage statements; and (6) reimburse
for required business expenses.
As a result of their rigorous work schedules, Gilmore Services
employees were allegedly unable to take off duty meal breaks and
were not fully relieved of duty for meal periods. Specifically, the
lawsuit alleges employees were from time to time interrupted during
their off-duty meal breaks to complete tasks for Gilmore Services.
Employees were allegedly required to perform work as ordered by
Gilmore Services for more than five (5) hours during a shift
without receiving an off-duty meal break. Further, the lawsuit
alleges Gilmore Services failed to provide employees with a second
off-duty meal period each workday in which these employees were
required by Gilmore Services to work ten (10) hours of work. The
policy of Gilmore Services, allegedly caused employees to remain
on-call and on duty during what was supposed to be their off-duty
meal periods. Employees therefore allegedly forfeited meal breaks
without additional compensation and in accordance with the strict
corporate policy and practice of Gilmore Services.
If you would like to know more about the Gilmore Services lawsuit,
please contact Attorney Jackland Hom by calling (619) 255-9047.
Zakay Law Group, APLC, and JCL Law Firm, APC are labor and
employment law firms with offices located in California that
dedicate their practices to fighting for employees who have been
wronged by their employers due to unfair employment practices.
Contact one of their attorneys if you need help with workplace
issues regarding wage and hour, wrongful termination, retaliation,
discrimination, and harassment.
Media Contact
Jackland Hom, Zakay Law Group, APLC, (619) 255-9047,
jackland@zakaylaw.com, https://www.zakaylaw.com/ [GN]
GLOBAL E-TRADING: Bids for Summary Judgment Due Feb. 5, 2025
------------------------------------------------------------
In the class action lawsuit captioned as JANET SIHLER, Individually
and On Behalf of All Others Similarly Situated, et al., v. GLOBAL
E-TRADING, LLC, et al., Case No. 8:23-cv-01450-VMC-LSG (M.D. Fla.),
the Hon. Judge Virginia Hernandez Covington entered an amended case
management and scheduling order as follows:
Discovery Deadline Jan. 15, 2025
Motions for Summary Judgment, Judgment on Feb. 5, 2025
the Pleadings, Daubert, and Markman Motions:
All Other Motions Including Motions In Limine: May 12, 2025
Meeting In Person to Prepare Joint Final May 27, 2025
Pretrial Statement:
Joint Final Pretrial Statement: June 5, 2025
Final Pretrial Conference: June 12, 2025
Global operates within the Data Processing, Hosting, and Related
Services industry. It was incorporated in 2011.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TtjHUi at no extra
charge.[CC]
GOOGLE INC: Plaintiffs Seek to Remove Incorrectly Filed Docs
------------------------------------------------------------
In the class action lawsuit re Google RTB Consumer Privacy
Litigation, Case No. 4:21-cv-02155-YGR (N.D. Cal.), the Plaintiffs
ask the Court to enter an order granting motion to remove
incorrectly filed documents filed with plaintiffs' renewed motion
for class certification:
-- Exhibit 6, Declaration of Named Plaintiff Terry Diggs
-- Exhibit 7, Declaration of Named Plaintiff Rethena
Green
-- Exhibit 9, Declaration of Named Plaintiff Salvatore
Toronto
-- Exhibit 10, Declaration of Named Plaintiff Christopher
Valencia
-- Exhibit 12, Declaration of Named Plaintiff Tara
Williams
The Plaintiffs realized after the filing of the Renewed Motion that
certain personal information was inadvertently included in the
Docusign attachments to some of the named Plaintiff Declarations,
specifically Exhibits 6, 7, 9, 10, and 12.
The Plaintiffs submit redacted and sealed versions of these
documents, to replace the removed ones, with its Correct Temporary
Sealing Motion, filed this same date. Plaintiffs will serve on
counsel for Defendant Google, complete copies of the unredacted and
unsealed documents in accordance with Civil L.R. 5-1(e).
A copy of the Plaintiff's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wjppvw at no extra
charge.[CC]
The Plaintiff is represented by:
Elizabeth C. Pritzker, Esq.
Jonathan K. Levine, Esq.
Bethany Caracuzzo, Esq.
Caroline Corbitt, Esq.
PRITZKER LEVINE LLP
1900 Powell Street, Suite 450
Emeryville, CA 94608
Telephone: (415) 692-0772
Facsimile: (415) 366-6110
E-mail: ecp@pritzkerlevine.com
jkl@pritzkerlevine.com
bc@pritzkerlevine.com
ccc@pritzkerlevine.com
GOOGLE INC: Suit Seeks to Seal Renewed Bid for Class Certification
------------------------------------------------------------------
In the class action lawsuit re Google RTB Consumer Privacy
Litigation, Case No. 4:21-cv-02155-YGR (N.D. Cal.), the Plaintiff
asks the Court to enter an order granting corrected temporary
sealing motion and notice of lodging under seal of materials
previously ordered sealed in support of plaintiffs' renewed motion
for class certification.
A copy of the Plaintiff's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Po9sLT at no extra
charge.[CC]
The Plaintiff is represented by:
Elizabeth C. Pritzker, Esq.
Jonathan K. Levine, Esq.
Bethany Caracuzzo, Esq.
Caroline Corbitt, Esq.
PRITZKER LEVINE LLP
1900 Powell Street, Suite 450
Emeryville, CA 94608
Telephone: (415) 692-0772
Facsimile: (415) 366-6110
E-mail: ecp@pritzkerlevine.com
jkl@pritzkerlevine.com
bc@pritzkerlevine.com
ccc@pritzkerlevine.com
HILCORP ENERGY: Class Cert Bid Filing Extended to Jan. 27, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Gregg B. Colton, and Cindy
H. Colton, as Trustees of the Gregg B. Colton Trust, on behalf of
themselves and a class of similarly situated persons, v. Hilcorp
Energy Development, LP, Case No. 2:22-cv-00149-ABJ (D. Wyo.), the
Hon. Judge Scott Klosterman entered an order granting the parties'
joint motion to extend the Court's Sept. 6, 2024 order related to
certain class certification discovery deadlines.
The Court adopts the following scheduling order:
Event Current New
Deadline Deadline
Close of Class Certification Nov. 15, 2024 Dec. 30,
2024
Discovery:
Plaintiffs' Motion for Class Dec. 13, 2024 Jan. 27,
2025
Certification:
Hilcorp's Response to Jan. 17, 2025 March 3,
2025
Plaintiffs' Motion for
Class Certification:
Plaintiffs' Reply in Further Jan. 31, 2025 March 17,
2025
Support of its Motion for Class
Certification:
Hilcorp Energy operates as an oil and natural gas producer.
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=46JSeW at no extra
charge.[CC]
HILCORP ENERGY: Parties Seek Modification of Sept. 6, 2024 Order
----------------------------------------------------------------
In the class action lawsuit captioned as Gregg B. Colton, and Cindy
H. Colton, as Trustees of the Gregg B. Colton Trust, on behalf of
themselves and a class of similarly situated persons, v. Hilcorp
Energy Development, LP, Case No. 2:22-cv-00149-ABJ (D. Wyo.), the
Parties ask the Court to enter an order modifying the Court's Sept.
6, 2024 Order Granting Hilcorp's unopposed motion to extend
deadlines and enter a class certification briefing schedule.
The Parties are requesting a 45-day extension of time to complete
class certification discovery and a 45-day extension of time for
the Parties to submit their class certification briefing.
If the Court grants this Joint Motion to Extend, the new deadline
for the close of class certification discovery will be Dec. 30,
2024, and Plaintiffs' motion for class certification will be due on
Jan. 27, 2025.
The Parties believe that the requested 45-day extension of the
current class certification discovery deadline and the 45-day class
certification briefing deadlines will promote the efficient
resolution of the claims in this case, and neither party will be
prejudiced by these requested extensions.
On Jan. 9, 2024, this Court entered its Order Granting the Parties'
Joint Submission of Proposed Revised Scheduling Order and Revised
Scheduling Order.
On May 13, 2024, the Court issued an Order amending its prior
scheduling order to require the Plaintiffs to designate their class
certification experts by June 10, 2024, and Hilcorp to designate
its class certification experts by July 26, 2024.
Hilcorp operates as an oil and natural gas producer.
A copy of the Parties' motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=AK3JZD at no extra
charge.[CC]
The Plaintiffs are represented by:
George A. Barton, Esq.
Stacy A. Burrows, Esq.
Seth K. Jones, Esq.
BARTON AND BURROWS, LLC
5201 Johnson Drive, Ste. 110
Mission, KS 66205
Telephone: (913)563-6250
E-mail: george@bartonburrows.com
stacy@bartonburrows.com
seth@bartonburrows.com
- and -
Kelly Shaw, Esq.
Travis Koch, Esq.
KOCH LAW. P.C.
121 W. Carlson St. Suite 3
Cheyenne, WY 82009
Telephone: (307)426-5010
E-mail: kshaw@kochlawpc.com
tkoch@kochlawpc.com
The Defendant is represented by:
vLindsay A. Woznick, Esq.
Amanda M. Good, Esq.
CROWLEY FLECK PLLP
511 West 19th Street, Suite 100
Cheyenne, WY 82001
Telephone: (307) 426-4100
Facsimile: (307) 426-4099
E-mail: mgood@crowleyfleck.com
lwoznick@crowleyfleck.com
- and -
Gregg C. Laswell, Esq.
HICKS THOMAS LLP
700 Louisiana, Suite 2300
Houston, TX 77002
Telephone: (713) 547-9100
Facsimile: (713) 547-9150
E-mail: glaswell@hicks-thomas.com
HILTON RESORTS: Galvez Sues Over Unlawful Pay Practices
-------------------------------------------------------
JULIE GALVEZ, on behalf of herself and all others similarly
situated, Plaintiff v. HILTON RESORTS CORPORATION; and DOES 1
through 50, inclusive, Defendants, Case No. 2:24-cv-02147 (D. Nev.,
November 18, 2024) arises from the Defendants' failure to pay wages
for rest periods; and failure to timely pay all wages due and owing
in violation of Nevada law.
The Plaintiff was employed by Defendant Hilton Resorts Corporation,
as a non-exempt employee from on or about July 2023 to on or about
April 2024. Allegedly, the Defendant implemented a timeshare
salesperson compensation plan that only compensated Plaintiff and
all other similarly situated employees for productive time spent
selling timeshares. The plan never separately compensated Plaintiff
or any other similarly situated employee for the non-productive
time of taking a legally mandated rest break. Accordingly, the plan
violates Nevada's wage laws. The Plaintiff now seeks to recover
unpaid wages has a private right of action pursuant to the Nevada
Constitution, Article 15 Section 16, and Nevada Revised Statute
sections 608.140, 608.018, and 608.020-.050.
Headquartered in Orlando, FL, Hilton Resorts Corporation develops
and operates a collection of vacation ownership properties in the
United States, Europe and throughout the Asia Pacific region. [BN]
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK
325 West Liberty Street
Reno, NV 89501
Telephone: (775) 284-1500
Facsimile: (775) 703-5027
E-mail: josh@thiermanbuck.com
leah@thiermanbuck.com
HONEST CO: Continues to Defend Consolidated IPO Class Suit
----------------------------------------------------------
The Honest Company Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the consolidated IPO class
suit in the United States District Court for the Central District
of California.
On September 15, 2021, Cody Dixon filed a putative class action
complaint in the U.S. District Court for the Central District of
California alleging federal securities law violations by the
Company, certain current officers and directors, and certain
underwriters in connection with the Company's initial public
offering ("IPO").
A second putative class action complaint containing similar
allegations against the Company and certain current officers and
directors was filed by Stephen Gambino on October 8, 2021 in the
U.S. District Court for the Central District of California.
These related complaints have been transferred to the same court
and a Lead Plaintiff has been appointed in the matter, and a
putative consolidated class action complaint was filed by the Lead
Plaintiff on February 21, 2022, alleging claims and seeking relief
under Sections 11 and 15 of the Securities Act of 1933 relating to
the Company's IPO. Defendants' motion to dismiss the putative
consolidated class action complaint was filed on March 14, 2022.
On July 18, 2022, the Company's motion to dismiss was granted in
part and denied in part. On May 1, 2023, the Lead Plaintiff's
motion for class certification in the consolidated class action was
granted in part and denied in part, with the U.S. District Court
for the Central District of California limiting the certified class
to only those persons and entities that purchased or otherwise
acquired the Company's publicly traded common stock pursuant and
traceable to the Company's IPO offering documents prior to August
19, 2021, as well as all persons and entities that acquired
ownership of a trading account, retirement account, or any other
similar investment account or portfolio containing the Company's
publicly traded common stock that was purchased or otherwise
acquired pursuant and traceable to the IPO offering documents prior
to August 19, 2021, and were damaged thereby.
On August 14, 2023 the Lead Plaintiff filed an amended consolidated
class action complaint naming as additional defendants Catterton
Management Company L.L.C., L Catterton VIII, L.P., L. Catterton
VIII Offshore, L.P., THC Shared Abacus, LP, Catterton Managing
Partner VIII, L.L.C., and C8 Management, L.L.C. On October 16,
2023, those additional defendants filed a motion to dismiss the
Second Amended Complaint with respect to the claims against them.
On January 31, 2024, that motion to dismiss was granted by the
court to the extent those additional defendants challenged the
claims as untimely.
The court granted Lead Plaintiff leave to amend within fourteen
days of that order. On February 14, 2024, the Lead Plaintiff filed
a further amended Second Amended Complaint against the additional
defendants.
The additional defendants filed a motion to dismiss the further
amended Second Amended Complaint, which was denied by the court on
April 22, 2024.
The Honest Company, Inc. is a digitally-native consumer products
company with products spanning baby care, beauty, personal care,
wellness and household care, selling its products through digital
and retail sales channels in the following product categories
namely diapers and wipes, skin and personal care, and household and
wellness.
HOT TOPIC: Fails to Protect Customers' Personal Info, Marshall Says
-------------------------------------------------------------------
CAROL MARSHALL, individually and on behalf of all others similarly
situated, Plaintiff v. HOT TOPIC, INC. dba HOT TOPIC and BOXLUNCH,
TORRID, LLC, Case No. 2:24-cv-09983 (C.D. Cal., Nov. 19, 2024)
alleges that the Defendants failed to properly protect and maintain
sensitive information belonging to their customers and loyalty
account members.
According to the complaint, the Plaintiff's and Class Members'
sensitive personal information -- which they provided to Defendants
on the shared understanding that it would be secured and protected
from unauthorized disclosure -- was targeted, compromised and
unlawfully accessed due to the Data Breach.
The sensitive, personally identifiable information ("PII")
belonging to Plaintiff and Class Members (defined below), who
are/were customers and/or loyalty account members at Hot Topic
and/or Torrid, was collected and maintained by Defendants in their
ordinary course of business.
As a result of the Data Breach, the Plaintiff and Class Members
suffered concrete injuries in fact including invasion of privacy;
theft of their PII; and lost or diminished value of PII,
Class Members are comprised of current and former customers and/or
loyalty account members at Hot Topic and/or Torrid.
Hot Topic operates a chain of retail stores under multiple brand
names, including Hot Topic and BoxLunch.
Torrid operates a chain of retail clothing stores.[BN]
The Plaintiff is represented by:
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
Brandon P. Jack, Esq.
CLAYEO C. ARNOLD
A PROFESSIONAL CORPORATION
12100 Wilshire Boulevard, Suite 800
Los Angeles, CA 90025
Telephone: (916) 239-4778
Facsimile: (916) 924-1829
E-mail: aberry@justice4you.com
gharoutunian@justice4you.com
bjack@justice4you.com
HOT TOPIC: Garrett Sues Over Alleged Private Data Breach
--------------------------------------------------------
ANGELA GARRETT, on behalf of herself and all others similarly
situated, Plaintiff v. HOT TOPIC, INC. d/b/a HOT TOPIC d/b/a BOX
LUNCH, TORRID, LLC, and SNOWFLAKE, INC., Defendants, Case No.
CV-24-182-BU-BMM (D. Mont., November 18, 2024) arises from
Defendants' failure to properly secure and safeguard sensitive
information of their customers and loyalty account members.
In or about October 2024, a hacker began selling access to a
database full of customer information looted from Hot Topic and two
affiliated brands, BoxLunch and Torrid. The hacker claims to have
acquired 350 million customers' personally identifiable information
as well as billions of payment details. Accordingly, the Plaintiff
now seeks redress for Defendants' unlawful conduct and asserts
claims for negligence, breach of implied contract, unjust
enrichment, and for violations of the California Unfair Competition
Law.
Headquartered in City of Industry, CA, Hot Topic operates a chain
of retail stores under multiple brand names, including Hot Topic
and BoxLunch. [BN]
The Plaintiff is represented by:
John Heenan, Esq.
HEENAN & COOK
1631 Zimmerman Trail
Billings, MT 59102
Telephone: (406) 839-9091
E-mail: john@lawmontana.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
HUEL INC: Mitchener Suit Removed to C.D. California
---------------------------------------------------
The case styled as Courtney Mitchener, individually and on behalf
of all others similarly situated v. Huel Inc., Does 1 through 25,
inclusive, Case No. 24STCV21852 was removed from the Superior Court
of CA, County of Los Angeles, to the U.S. District Court for the
Central District of California on Sept. 30, 2024.
The District Court Clerk assigned Case No. 2:24-cv-08426-GW-JC to
the proceeding.
The nature of suit is stated as Other Fraud.
Huel -- https://huel.com/ -- is nutritionally complete food,
providing you with all 27 essential vitamins and minerals, protein,
essential fats, carbs, fibre and phytonutrients.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Matthew Jay Smith, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Phone: (213) 927-9270
Email: robert@taulersmith.com
matthew@taulersmith.com
The Defendant is represented by:
David Howard Kwasniewski, Esq.
H. Chelsea Tirgardoon, Esq.
Matthew B Borden, Esq.
BRAUNHAGEY AND BORDEN LLP
747 Front Street, 4th Floor
San Francisco, CA 94111
Phone: (415) 599-0210
Fax: (415) 276-1808
Email: kwasniewski@braunhagey.com
borden@braunhagey.com
HUMANA INC: Seeks Extension to File Class Cert Opposition
---------------------------------------------------------
In the class action lawsuit captioned as David Elliot, v. Humana
Inc., Case No. 3:22-cv-00329-RGJ-CHL (W.D. Ky.), the Defendant asks
the Court to enter an order granting Humana's time-sensitive
request for hearing on motion to extend Nov. 26, 2024 deadline for
its opposition to motion to certify class.
In any event, without the short extension Humana seeks, Humana also
won't be able to fully evaluate Plaintiff's new expert opinions and
prepare a rebuttal report. That is especially true because Humana's
expert is out of the country (in Australia) on pre-planned travel.
She never anticipated the need to submit another report months
after the expert cut-off.
In light of the foregoing, good cause supports Humana's request for
a three-week extension to respond to Plaintiff's certification
motion. The Plaintiff has not articulated any prejudice he would
suffer from the extension. Nor could he. This case has been pending
for two years, and the Plaintiff has obtained many extensions of
key deadlines in that time. "Surprise and the possible miscarriage
of justice" is thus precisely what the Plaintiff seeks to impose on
Humana by opposing the extension.
Humana provides medical and specialty insurance products.
A copy of the Defendant's motion dated Nov. 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8tMiAX at no extra
charge.[CC]
The Defendant is represented by:
H. Toby Schisler, Esq.
K. Cassandra Carter, Esq.
DINSMORE & SHOHL LLP
255 East Fifth Street, Suite 1900
Cincinnati, OH 45202
Telephone: (513) 977-8152
Facsimile: (513) 977-8141
E-mail: toby.schisler@dinsmore.com
cassandra.carter@dinsmore.com
- and -
Ryan Watstein, Esq.
Alexander Terepka, Esq.
Matt Keilson, Esq.
Logan Leonard, Esq.
WATSTEIN TEREPKA LLP
1055 Howell Mill Road, 8th Floor
Atlanta, GA 30318
Telephone: (404) 782-9821
Facsimile: (404) 537-1650
E-mail: ryan@wtlaw.com
alex@wtlaw.com
mkeilson@wtlaw.com
lleonard@wtlaw.com
IC SYSTEM: Seeks Leave to File Sur-Reply Brief in Lezark Lawsuit
----------------------------------------------------------------
In the class action lawsuit captioned as JEFFREY LEZARK,
individually and on behalf of all others similarly situated, v.
I.C. SYSTEM, INC., Case No. 2:20-cv-00403-CCW (W.D. Pa.), the
Defendant asks the Court to enter an order unopposed motion for
leave to file sur-reply brief to reply to opposition to motion for
class certification.
The case is a putative class action alleging violations of the Fair
Debt Collection Practices Act (FDCPA).
In the interests of brevity, the entire procedural history of this
case will not be recited. On June 21, 2024, the Court entered an
Order setting deadlines, inter alia, related to class
certification.
The Plaintiff's motion for class certification was due on Oct. 8,
2024, and has been filed. The Defendant filed a Consent Motion to
Extension of Time to File Opposition to Class Certification which
was granted.
On Nov. 8, 2024, the Defendant filed its Brief in Opposition to
Motion for Class Certification. On Nov. 15, 2024, the Plaintiff
filed his Reply in Support of Plaintiff’s Motion for Class
Certification.
IC System is a privately owned Accounts Receivable Management
Company.
A copy of the Defendant's motion dated Nov. 19, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=awni1C at no extra
charge.[CC]
The Defendant is represented by:
Danielle M. Vugrinovich, Esq.
MARSHALL DENNEHEY, P.C.
Union Trust Building, Suite 700
501 Grant Street
Pittsburgh, PA 15219
Telephone: (412) 803-1140
Facsimile: (412) 803-1188/fax
E-mail: dmvugrinovich@mdwcg.com
ICHOR SYSTEMS: Nodora Sues Over Unpaid Compensation
---------------------------------------------------
Pepito Nodora, an individual and on behalf of all others similarly
situated v. ICHOR SYSTEMS, INC., a Delaware Corporation; VICTOR
VIAJARA, an individual; and DOES 1 through 100, inclusive, Case No.
24CV093378 (Cal. Super. Ct., Alameda Cty., Sept. 30, 2024), is
brought pursuant to the Labor Code Private Attorneys General Act of
2004 ("PAGA"), as a proxy of the Labor and Workforce Development
Agency of the State of California ("LWDA") as a result of failure
to pay proper compensation.
The Defendants have, at times, failed to pay overtime wages to
Plaintiff and Class Members, or some of them, in violation of
California state wage and hour laws as a result of, without
limitation, Plaintiff and Class Members working over 8 hours per
day, 40 hours per week, and seven consecutive work days in a work
week without being properly compensated for hours worked in excess
of 8 hours per day in a work day, 40 hours per week in a work week,
and/or hours worked on the seventh consecutive work day in a work
week by, among other things, failing to accurately track and/or pay
for all minutes actually worked at the proper overtime rate of pay
to the detriment of Plaintiff and Class Members, says the
complaint.
The Plaintiff worked for Defendants from approximately June of 2016
through May of 2024.
ICHOR SYSTEMS is a corporation organized and existing under and by
virtue of the laws of the State of Delaware and doing business in
the County of Alameda, State of California.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Jeffrey D. Klein, Esq.
Paal Bakstad, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Phone: (310) 438-5555
Fax: (310) 300-1705
Email: david@tomorrowlaw.com
jeff@tomorrowlaw.com
paal@tomorrowlaw.com
IDAHO: MH Suit Seeks to Certify Class for Declaratory Relief
------------------------------------------------------------
In the class action lawsuit captioned as MH, TB, KB, SG, AC, BM,
individually, and G Doe, by and through her parents and next
friends, JANE Doe and JOHN Doe, v. ALEX ADAMS, in his official
capacity as the Director of the Idaho Department of Health and
Welfare; Dr. MAGNI HAMSO, in her official capacity as the Medical
Director of the Idaho Division of Medicaid and individually; and
the IDAHO DEPARTMENT OF HEALTH AND WELFARE, Case No.
1:22-cv-00409-REP (D. Idaho), the Plaintiffs ask the Court to enter
an order certifying a class for declaratory and injunctive relief.
The proposed class is composed of all Idaho Medicaid participants
who have been diagnosis with gender dysphoria and have been subject
to discrimination based upon their transgender status and sex
because the Medicaid Exclusion Policy, and Idaho Code section
18-8901 and Idaho Code section 56-270, House Bill 668, 67th Leg.,
2nd Sess.
A copy of the Plaintiffs' motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=L2JCLn at no extra
charge.[CC]
The Plaintiffs are represented by:
Howard A. Belodoff, Esq.
LAW OFFICE OF HOWARD BELODOFF, PLLC
1004 W. Fort St.
Boise, ID 83702
Telephone: (208) 331-3378
Facsimile: (208) 947-0014
E-mail: hbelodoff@hotmail.com
- and -
Jane Gordon, Esq.
JANE GORDON LAW
1004 West Fort Street
Boise ID 83702
Telephone: (208) 371-4747
Facsimile: (208) 807-2290
E-mail: Jane@JaneGordonLaw.com
IMMACULATE HOME: Filing for Class Cert Bid Due May 30, 2025
-----------------------------------------------------------
In the class action lawsuit captioned as LAKEESHA WILSON, v.
IMMACULATE HOME HEALTHCARE AGENCY, LLC, Case No. 2:24-cv-01439-MSG
(E.D. Pa.), the Hon. Judge Mitchell Goldberg entered an order
granting the Parties' Joint Letter Request to Extend the Discovery
Deadline as follows:
1. All fact and collective/class action discovery shall be
completed by Jan. 17, 2025.
2. Plaintiff's expert reports, if any, shall be produced by
Jan.
31, 2025.
3. Defendant's expert reports, if any, shall be produced by
March
10, 2025.
4. Rebuttal reports, if any, shall be produced by April 11,
2025.
5. All expert discovery shall be completed by May 16, 2025.
6. Motions for class certification and any related Daubert
motions
shall be filed by May 30, 2025.
7. Responses to motions for class certification shall be filed
by
July 1, 2025.
8. Reply briefs on class certification shall be filed by July
15,
2025.
9. Dispositive motions (such as motions for summary judgment)
shall
be filed no later than 30 days of the Court's ruling on
collective/class certification.
10. All further deadlines shall be established following the
filing
and pending the outcome of dispositive motions.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=aGSFzy at no extra
charge.[CC]
IMMUNITYBIO INC: Continues to Defend Salzman Securities Class Suit
------------------------------------------------------------------
ImmunityBio Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Salzman securities
class suit in the United States District Court for the Southern
District of California.
On June 30, 2023, a putative securities class action complaint,
captioned Salzman v. ImmunityBio, Inc. et al., No.
3:23-cv-01216-BEN-WVG, was filed in the U.S. District Court for the
Southern District of California against the company and three of
its officers and/or directors, asserting violations of Sections
10(b) and 20(a) of the Exchange Act.
Stemming from the company's disclosure on May 11, 2023 that it had
received an FDA CRL stating, among other things, that it could not
approve the company's BLA for its then product candidate, ANKTIVA,
in its present form due to deficiencies related to its pre-license
inspection of the company’s third-party CMOs, the complaint
alleges that the defendants had previously made materially false
and misleading statements and/or omitted material adverse facts
regarding its third-party CMOs and the prospects for regulatory
approval of the BLA.
The complaint did not specify the amount of damages being sought.
On September 27, 2023, the court appointed a lead plaintiff,
approved their selection of lead counsel, and re-captioned the case
In re. ImmunityBio, Inc. Securities Litigation, No. 3:23-cv-01216.
On November 17, 2023, the lead plaintiff filed an amended
complaint, which named the same defendants and asserted the same
claims as the previous complaint.
On January 8, 2024, the defendants filed a motion to dismiss the
amended complaint.
On June 20, 2024, the court issued an order granting in part and
denying in part the motion to dismiss.
On July 16, 2024, the lead plaintiff notified the court that he
would proceed with his current pleading, and the defendants
answered the complaint on August 29, 2024.
The company disputes the claims and intends to defend the case
vigorously.
ImmunityBio is a vertically-integrated biotechnology company
developing next-generation therapies and vaccines that bolster the
natural immune system to defeat cancers and infectious diseases.
J. PRITCHARD: Delacruz Seeks Equal Website Access for the Blind
---------------------------------------------------------------
EMANUEL DELACRUZ, on behalf of himself and all other persons
similarly situated, Plaintiff v. J. PRITCHARD LLC, Defendant, Case
No. 1:24-cv-08816 (S.D.N.Y., November 19, 2024) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://jpritchard.com/, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
During Plaintiff's visits to the website, the last occurring on
November 14, 2024, in an attempt to purchase a Men's-Short Sleeve
Tee-5.0 Color-Pritchard Green Size-Small from Defendant and to view
the information on the website, the Plaintiff encountered multiple
access barriers that denied Plaintiff a shopping experience similar
to that of a sighted person and full and equal access to the goods
and services offered to the public and made available to the
public. The Plaintiff was unable to locate pricing and was not able
to add the item to the cart due to broken links, pictures without
alternate attributes and other barriers on Defendant's website,
which prevented him from doing so, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers.
J. Pritchard LLC operates the website and pickleball apparel retail
store across the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Michael@Gottlieb.legal
Dana@Gottlieb.legal
Jeffrey@Gottlieb.legal
KAI USA: Website Inaccessible to the Blind, Herrera Suit Alleges
----------------------------------------------------------------
EDERY HERRERA, on behalf of himself and all other persons similarly
situated v. KAI U.S.A., LTD., Case No. 1:24-cv-08819 (S.D.N.Y.,
Nov. 19, 2024) is a civil rights action against the Defendant
alleging that it failed to design, construct, maintain, and operate
its interactive website to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons in violation of the Americans with Disabilities Act.
The complaint asserts that because Defendant's interactive website,
https://shun.kaiusa.com, including all portions thereof or accessed
thereon, is not equally accessible to blind and visually-impaired
consumers, it violates the ADA.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant’s Website will become and remain accessible to blind
and visually impaired consumers. 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.
The Defendant, KAI U.S.A., LTD., operates the Shun Kai USA online
retail store, as well as the Shun Kai USA interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiffs are represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
KATE BROWN: Delao Files Suit in D. Oregon
-----------------------------------------
A class action lawsuit has been filed against Gary Westcott, et al.
The case is styled as Angel Delao, Zackchary Kalghin, Marvelous
Lucas & All Similarly Situated, All 12 Aic's Condemned on Compound,
The 70 Confined in Segregation v. Kate Brown, Patrick Allen, Kevin
Gliem, Nathaline Frener, Collette Peters, AOC Gary Russell, Oregon
Dept of Corrections, Superintendant, Tim Causey, Grievence
Coordinator Angelouzi, Ybarr Drci, Mark Nooth, Patrick Allen,
Sargeant, STG LT. Jones, Oregon dept. Health Services, Deer ridge
Health Physicians, Two rivers Hearings Coordinators, Snake River
hearings Coordinators, Board of Inspectors, ODOC Board of
Directors, Joe Bughor, Heidi Stewart, Case No. 3:24-cv-01666-AN (D.
Ore., Sept. 30, 2024).
The nature of suit is stated as Prisoner Civil Rights.
Katherine Brown is an American politician and attorney who served
as the 38th governor of Oregon from 2015 to 2023.[BN]
The Plaintiff appears pro se.
KIEWIT CORP: Graham Seeks Electrical Engineers' Unpaid OT
---------------------------------------------------------
TIMOTHY GRAHAM, individually and on behalf of all others similarly
situated, Plaintiff v. KIEWIT CORPORATION, Defendant, Case No.
8:24-cv-00452-MDN (D. Neb., November 21, 2024) is a class action
against the Defendant for failure to pay overtime wages in
violation of the Fair Labor Standards Act.
Mr. Graham worked for Kiewit as a CSU Electrical Engineer at the
Calcasieu Pass LNG facility in Cameron, Louisiana from
approximately June 2021 through March 2022.
Kiewit Corporation is a construction firm headquartered in Omaha,
Nebraska. [BN]
The Plaintiff is represented by:
Brian E. Jorde, Esq.
Christian T. Williams, Esq.
DOMINALAW GROUP PC LLO
2425 South 144th Street
Omaha, NE 68144
Telephone: (402) 493-4100
Facsimile: (402) 493-9782
Email: bjorde@dominalaw.com
cwilliams@dominalaw.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
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
KROGER CO: Class Cert Ruling Entered in Kirkbride Lawsuit
---------------------------------------------------------
In the class action lawsuit captioned as JUDY KIRKBRIDE and BEETA
LEWIS, individually and on behalf of all others similarly situated,
v. THE KROGER CO., Case No. 2:21-cv-00022-ALM-EPD (S.D. Ohio), the
Hon. Judge Algenon Marbley entered an order concluding that a
conference is unnecessary and ruling as follows:
1) The Order scheduling the hearing on Plaintiff's Motion for
Class
Certification for Nov. 20, 2024 is vacated. No appearances
are
necessary on that date.
2) The evidentiary hearing and oral argument on Plaintiff's
Motion
for Class Certification and Defendant's Daubert motions shall
begin on Wednesday, March 19, 2025 at 9:30 a.m. and continue
through Friday, March 21, 2025 in Court Room 1, Room 331 of
the
U. S. Courthouse located at 85 Marconi Boulevard, Columbus,
Ohio.
3) The evidentiary hearing will proceed first, oral argument on
the
Motion for Class Certification next, and oral argument on the
Daubert motions last.
4) For the evidentiary hearing, the Court allocates seven (7)
hours
for each side, including all direct examination, cross-
examination, and any re-direct examination. Plaintiffs will
present their expert witnesses first, followed by Defendant's
expert witnesses, and then, any rebuttal testimony as needed.
Kroger is an American retail company that operates supermarkets and
multi-department stores throughout the United States.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JPwmkW at no extra
charge.[CC]
KROGER CO: Court Stays Solano Suit
----------------------------------
In the class action lawsuit captioned as ELISHA SOLANO, DENISE
CONROY, and KATHLEEN ZACH, individually and on behalf of other
customers, v. THE KROGER CO., dba Fred Meyer, Case No.
3:18-cv-01488-AR (D. Or.), the Hon. Judge Jeff Armistead entered an
order granting Fred Meyer's motion to stay.
In summary, the relevant factors weigh in favor of a stay.
The public interest factor weighs in favor of a stay. Staying this
proceeding until the Ninth Circuit decides the Rule 23(f) petition
effectively balances the parties' competing interests here.
The court concludes that plaintiffs will not suffer substantial
injury by staying this matter until the Ninth Circuit resolves the
Rule 23(f) petition, and if granted, until the appeal is resolved.
The Plaintiffs bring this class action against defendant The Kroger
Co., alleging that it wrongfully collected 10-cent bottle deposits
on their purchases of Florida's Natural Orange Juice (FNOJ) that
were not redeemable under Oregon's Bottle Bill, violating Oregon's
Unfair Trade Practices Act.
On July 16, 2024, the court issued a Findings and Recommendation
granting plaintiffs' motion for class certification.
Kroger is an American retail company that operates supermarkets and
multi-department stores throughout the United States.
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WG8WU5 at no extra
charge.[CC]
LEMONS & OLIVES: Faces Quishpe Class Suit Over Sexual Harassment
----------------------------------------------------------------
JIMENA MERCEDES UGSHA QUISHPE, on behalf of herself and all others
similarly situated v. LEMONS & OLIVES, INC.; TANJA MANNHEIM; MARKO
MANNHEIM; and TOVIAS VALERO, Case No. 1:24-cv-08805 (S.D.N.Y., Nov.
19, 2024) alleges that the Defendant never provided Valero or
Plaintiff with any sexual harassment prevention training as
required by New York State or New York City law, nor did it ever
inform Plaintiff of the process for reporting unlawful workplace
sexual harassment, nor did it ever meaningfully investigate her
complaints about Defendant Valero' s misconduct.
During Plaintiff's employment by Defendant Lemons & Olives, Inc.,
she was subjected to severe and relentless sexual harassment by her
supervisor, Defendant Tovias Valero. Defendant Marko Mannheim
terminated her employment in retaliation for her protected
complaints. Defendant Lemons & Olives, Inc. also brazenly
misclassified her and the class of similarly situated employees she
seeks to represent, asserting frivolously that they supposedly were
"independent contractors" in ostensible justification of its
unlawful policy and practice of refusing to pay its workers legally
required overtime and spread of hours pay and failing to provide
them with legally required notices of pay and pay statements.
The Plaintiff is a former employee of Defendant Lemons & Olives,
Inc. She seeks to hold Defendants accountable to her and the class
she seeks to represent for their reprehensible violations of their
statutory rights.
LEMONS & OLIVES, INC. is a lifestyle food and catering
company.[BN]
The Plaintiff is represented by:
Eric Hecker, Esq.
Jazly Liriano, Esq.
WANG HECKER LLP
305 Broadway, Suite 607
New York, NY 10007
Telephone: (212) 620-2602
- and -
Nathalia Varela, Esq.
David Orkin , Esq.
MAKE THE ROAD NEW YORK
301 Grove Street
Brooklyn, NY 11237
Telephone: (718) 565 8500
LENS.COM INC: Martin Suit Removed from State Court to S.D. Fla.
---------------------------------------------------------------
RICKEY MARTIN, on behalf of himself and others similarly situated
v. LENS.COM, INC., Case No. CACE-24-002448 (Filed Feb. 21, 2024)
was removed from the Circuit Court of the Seventeenth Judicial
Circuit, in and for Broward County, Florida to the United States
District Court for the Southern District of Florida on November 19,
2024.
the Southern District of Florida Court Clerk assigned Case No.
2:24-cv-02160-RFB-BNW to the proceedings.
The Plaintiff alleges that Lens.com "advertises artificially low
prices that lure consumers to website then gouges consumers with a
misleading added fee," i.e., "Taxes & Fees."
Lens.com operates as a specialty online retailer. The Company
offers a wide range of contact lenses. Lens.com serves customers in
the United States.[BN]
The Plaintiff is represented by:
James W. Lee, Esq.
Laselve E. Harrison, Esq.
BOIES SCHILLER FLEXNER LLP
100 SE Second Street, Suite 2800
Miami, FL 33131
Telephone: (305) 539-8400
E-mail: jwlee@bsfllp.com
lharrison@bsfllp.com
- and -
Mark M. Bettilyon, Esq.
Jed H. Hansen, Esq.
Joseph M. Harmer, Esq.
THORPE NORTH & WESTERN, LLP
The Walker Center
175 S. Main Street, Suite 900
Salt Lake City, UT 84111
Telephone: (801) 566-6633
E-mail: mark.bettilyon@tnw.com
hansen@tnw.com
joseph.harmer@tnw.com
LIVE NATION: Continues to Defend Antitrust Class Suit in New York
-----------------------------------------------------------------
Live Nation Entertainment Inc. disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the antitrust class suit in
the United States District Court for the Southern District of New
York.
A putative class action were filed in the Southern District of New
York in September 2024: In Re Live Nation Entertainment, Inc. and
Ticketmaster L.L.C. Antitrust Litigation, and Jacobson v. Live
Nation Entertainment, Inc., et al.
While these lawsuits are at their initial stages, the Company
believes it has substantial defenses to the claims alleged therein
and will vigorously defend itself.
Live Nation Entertainment, Inc. --
https://www.livenationentertainment.com/ -- is an American global
entertainment company and monopoly that was founded in 2010
following the merger of Live Nation and Ticketmaster.[BN]
LIVE NATION: Continues to Defend Heckman Antitrust Consumer Suit
----------------------------------------------------------------
Live Nation Entertainment Inc. disclosed in its Form 10-Q Report
for the quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Heckman antitrust
consumer class suit in the United States District Court for the
Central District of California.
The Company is a defendant in three putative antitrust consumer
class actions alleging violations of federal and state antitrust
laws, among other causes of action. In Heckman, et al. v. Live
Nation Entertainment, et al., filed in the Central District of
California in January 2022, the District Court denied defendants'
motion to compel arbitration in August 2023.
The Ninth Circuit subsequently affirmed the District Court's ruling
in October 2024.
The Company believes it has substantial defenses to the claims
alleged in the lawsuit and will continue to vigorously defend
itself.
Live Nation Entertainment, Inc. --
https://www.livenationentertainment.com/ -- is an American global
entertainment company and monopoly that was founded in 2010
following the merger of Live Nation and Ticketmaster.[BN]
MACY'S INC: Evans Sues Over Unlawful Disclosure of Private Info
---------------------------------------------------------------
Ashley Evans, individually and on behalf of all others similarly
situated, Plaintiff, v. Macy’s, Inc., Defendant, Case No.
1:24-cv-08761 (S.D.N.Y., November 18, 2024), accuses the Defendant
of violating the Video Privacy Protection Act.
The complaint alleges that the Defendant knowingly and
intentionally discloses its users' personally identifiable
information--including a record of every video viewed by the user
or audiovisual content purchased--to unauthorized third parties
without first complying with the VPPA. Moreover, Defendant also
transmits its customers' personal viewing information to Facebook,
TikTok, and additional unauthorized third parties--including Google
and Twitter--through other tracking technologies installed on its
website and apps, says the suit.
Headquartered in New York, NY, Macy's Inc. sells prerecorded
audiovisual materials in the form of video games. [BN]
The Plaintiff is represented by:
Adrian Gucovschi, Esq.
Benjamin Rozenshteyn, Esq.
Nathaniel Haim Sari, Esq.
140 Broadway, FL 46
New York, NY 10005
Telephone: (212) 884-4230
Facsimile: (212) 884-4230
E-mail: adrian@gr-firm.com
ben@gr-firm.com
nsari@gr-firm.com
MARA HOLDINGS: Continues to Defend Langer Securities Class Suit
---------------------------------------------------------------
Mara Holdings Inc. disclosed in its Form 10-Q Report for the
quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Langer securities class
suit in the United States District Court for the District of
Nevada.
On March 30, 2023, a putative class action complaint was filed in
the United States District Court for the District of Nevada,
against the Company and present and former senior management,
alleging claims under Section 10(b) and 20(a) of the Exchange Act
arising out of the Company's announcement of accounting
restatements on February 28, 2023.
On March 29, 2024, the court appointed lead plaintiffs and counsel.
On June 4, 2024, lead plaintiffs filed an amended class action
complaint, styled as Langer et al. v. Marathon et al. The
allegations in the amended class action complaint are substantially
similar to those in the March 30, 2023 putative class action
complaint. On August 5, 2024, the defendants moved to dismiss the
amended class action complaint.
MARA Holdings, Inc. is a global leader in digital asset compute
that develops and deploys innovative technologies to build a more
sustainable future.
MARINUS PHARMACEUTICALS: Continues to Defend Bishins Class Suit
---------------------------------------------------------------
Marinus Pharmaceuticals Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from the Bishins securities
class suit in the United States District Court for the Eastern
District of Pennsylvania.
On June 5, 2024, a securities class action lawsuit captioned
Bishins v. Marinus Pharmaceuticals, Inc., et. al., Case
2:24-cv-02430, was filed against the Company and certain of its
officers in the U.S. District Court for the Eastern District of
Pennsylvania.
The complaint alleges violations of Sections 10(b) and 20(a) of the
Securities Exchange Act of 1934, as amended (Exchange Act) and Rule
10b-5 promulgated thereunder on the basis of purportedly materially
false and misleading statements and omissions concerning our RAISE
and RAISE II clinical trials.
Marinus Pharmaceuticals Inc. is a commercial-stage pharmaceutical
company dedicated to the development of innovative therapeutics for
the treatment of seizure disorders, including rare genetic
epilepsies and status epilepticus (SE).
The complaint seeks, among other things, unspecified damages,
attorneys' fees, expert fees, and other costs. The court appointed
a lead plaintiff and lead counsel for the action on August 16,
2024.
The lead plaintiff filed an amended complaint on October 4, 2024.
The Company intends to move to dismiss the amended complaint on or
before November 22, 2024.
It intends to vigorously defend against this action.
Headquartered in Radnor, PA, Marinus is a pharmaceutical company
that develops treatment for seizure disorders. Its common stock
trades on the NASDAQ exchange under the ticker symbol "MRNS." [BN]
MC2 DATA: Bujok Sues Over Unauthorized Access of Consumers' Info
----------------------------------------------------------------
NICOLE BUJOK, individually and on behalf of all others similarly
situated, Plaintiff v. MC2 DATA, LLC, Defendant, Case No.
0:24-cv-61864-DSL (S.D. Fla., October 7, 2024) is a class action
against the Defendant for negligence, breach of implied contract,
and breach of the implied covenant of good faith and fair dealing.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated consumers stored within its network systems
following a data breach discovered by third party on or around
August 7, 2024. The Defendant also failed to timely notify the
Plaintiff and similarly situated individuals about the data breach.
As a result, the private information of the Plaintiff and Class
members was compromised and damaged through access by and
disclosure to unknown and unauthorized third parties, says the
suit.
MC2 Data, LLC is a data collection company doing business in
Florida. [BN]
The Plaintiff is represented by:
Kelly Hyman, Esq.
THE HYMAN LAW FIRM
515 North Flagler Drive, Suite 350
West Palm Beach, FL 33401
Telephone: (561) 538-9050
Email: kellyhyman@thehymanlawfirm.com
- and -
Laura Van Note, Esq.
COLE & VAN NOTE
555 12th Street, Suite 2100
Oakland, CA 94607
Telephone: (510) 891-9800
Facsimile: (510) 891-7030
Email: lvn@colevannote.com
MDL 2873: Exposed Military Members to PFAS, Morse Suit Alleges
--------------------------------------------------------------
SHAROLETTE MORSE, and JON MORSE, by the Proposed Administrator and
Next-of-Kin, Sharolette Morse, individually and on behalf of all
others similarly situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota
Mining and Manufacturing Company); ACG CHEMICALS AMERICAS INC.;
AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants,
Case No. 2:24-cv-05924-RMG (D.S.C., October 16, 2024) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by Jon
Morse, Decedent, as a result of his exposure to the Defendants'
aqueous film forming foam (AFFF) products containing synthetic,
toxic per- and polyfluoroalkyl substances collectively known as
PFAS. The Defendants failed to use reasonable and appropriate care
in the design, manufacture, labeling, warning, instruction,
training, selling, marketing, and distribution of their
PFAS-containing AFFF products and also failed to warn military
and/or civilian firefighters, including the Decedent, who they knew
would foreseeably come into contact with their AFFF products that
use of and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Decedent was exposed to
toxic chemicals and was diagnosed with kidney cancer.
The Morse case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
MDL 2873: Faces Baker Suit Over Exposure to Toxic AFFF Products
---------------------------------------------------------------
GEOFFREY BAKER, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants,
Case No. 2:24-cv-05927-RMG (D.S.C., October 16, 2024) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with hypothyroidism.
The Baker case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
MDL 2873: McPherson Sues Over Injury Sustained From AFFF Products
-----------------------------------------------------------------
EVANS MCPHERSON, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Defendants,
Case No. 2:24-cv-05926-RMG (D.S.C., October 16, 2024) is a class
action against the Defendants for negligence, battery, inadequate
warning, design defect, strict liability, fraudulent concealment,
breach of express and implied warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn military and/or civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with testicular cancer.
The McPherson case has been consolidated in MDL No. 2873, In Re:
Aqueous Film-Forming Foams Products Liability Litigation. The case
is assigned to the Hon. Judge Richard Gergel.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with its principal place of business at 1007
Market Street, Wilmington, Delaware.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a fire protection system supplier in West
Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and -
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
MEDICAL PROPERTIES: Continues to Defend Securities Suit in Alabama
------------------------------------------------------------------
Medical Properties Trust Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend securities class suit in the United
States District Court for the Northern District of Alabama.
On April 13, 2023, the Company and certain of its executives were
named as defendants in a putative federal securities class action
lawsuit alleging false and/or misleading statements and/or
omissions resulted in artificially inflated prices for its common
stock, filed by a purported stockholder in the United States
District Court for the Northern District of Alabama (Case No.
2:23-cv-00486). The complaint seeks class certification on behalf
of purchasers of our common stock between July 15, 2019 and
February 22, 2023 and unspecified damages including interest and an
award of reasonable costs and expenses.
This class action complaint was amended on September 22, 2023 and
alleges that it made material misstatements or omissions relating
to the financial health of certain of its tenants.
On September 26, 2024, the Court dismissed the amended complaint
with prejudice.
On October 24, 2024, the plaintiff moved to alter the Court's
judgment and for leave to further amend the complaint.
On November 11, 2024, the Company filed an opposition to
plaintiff's motion.
Medical Properties is a real estate investment trust that invests
in healthcare facilities subject to NNN lease.
MEDICAL PROPERTIES: Continues to Defend Securities Suit in S.D.N.Y.
-------------------------------------------------------------------
Medical Properties Trust Inc. disclosed in its Form 10-Q Report for
the quarterly period ending September 30, 2024 filed with the
Securities and Exchange Commission on November 12, 2024, that the
Company continues to defend itself from securities class suit in
the United States District Court for the Southern District of New
York.
On September 29, 2023, the Company and certain of its executives
were named as defendants in a putative federal securities class
action lawsuit filed by a purported stockholder in the United
States District Court for the Southern District of New York (Case
No. 1:23-cv- 08597).
The complaint seeks class certification on behalf of purchasers of
its common stock between May 23, 2023 and August 17, 2023 and
alleges false and/or misleading statements and/or omissions in
connection with certain transactions involving Prospect.
This class action complaint was amended on October 30, 2024 and
alleges that it made material misstatements or omissions in
connection with certain transactions involving Prospect.
Medical Properties is a real estate investment trust that invests
in healthcare facilities subject to NNN lease.
MERCEDES-BENZ USA: Class Cert Bid Fling Extended to April 25, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as LENA JAMIL, et al., v.
MERCEDES-BENZ USA, LLC, Case No. 2:22-cv-08130-FLA-AJR (C.D. Cal.),
the Hon. Judge Fernando Aenlle-Rocha entered an order amending
Scheduling Order as outlined below.
Event New Date
Fact Discovery Cut-off, except for Dec. 6, 2024
Fact Witness Deposition Cut-off:
Fact Witness Deposition Cut-off: Mar. 7, 2025
Expert Disclosure (Initial): Apr. 4, 2025
Expert Disclosure (Rebuttal): May 2, 2025
Expert Discovery Cut-off: May 16, 2025
Deadline to File Motion for Class Apr. 25, 2025
Certification:
Deadline to File Opposition to Class May 23, 2025
Certification Motion:
Deadline to File Reply ISO Class June 13, 2025
Certification Motion:
Hearing on Class Certification Motion July 11, 2025
No later than 14 days following the Court’s ruling on
Plaintiffs’ anticipated motion for class certification, the
Parties shall file jointly their proposed schedule for the
remaining pretrial and trial dates and deadlines in the action. IT
IS SO ORDERED. Date: November 15, 2024
Mercedes-Benz USA is the distributor for Mercedes-Benz passenger
cars in the United States.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yTv4LV at no extra
charge.[CC]
MIDLAND NATIONAL: Class Cert. Filing in Taylor Due Sept. 22, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Taylor et al., v. Midland
National Life Insurance Company, Case No. 5:23-cv-04125-PCP (N.D.
Cal.), the Hon. Judge P. Casey Pitts entered a case management
order as follows:
Exchange of Rule 26(a)(1) Initial Disclosures: Dec. 9, 2024
Stipulated Protective Order Filing: Dec. 9, 2024
Motion for Class Certification: Sept. 22, 2025
Opposition to Class Certification, Motions Nov. 14, 2025
to Exclude Plaintiff Experts:
Reply to Class Certification, Motions to Dec. 19, 2025
Exclude Defense Experts:
Fact Discovery Cutoff: Feb. 13, 2026
Designation of Opening Experts with Reports: March 2, 2026
Designation of Rebuttal Experts with Reports: April 3, 2026
Expert Discovery Cutoff: April 24, 2026
Joint Pretrial Conference: Oct. 20, 2026
Midland National offers annuities and life insurance products and
services.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=topvhT at no extra
charge.[CC]
MOSAIC CO: Subsidiary Continues to Defend Cruz Class Suit
---------------------------------------------------------
Mosaic Co. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
subsidiary, Mosaic Global Operations Inc., continues to defend
itself from the Cruz class suit in the Circuit Court of the
Thirteenth Judicial Circuit in Hillsborough County, Florida.
On August 27, 2020, a putative class action complaint was filed in
the Circuit Court of the Thirteenth Judicial Circuit in
Hillsborough County, Florida against the Company wholly owned
subsidiary, Mosaic Global Operations Inc., and two unrelated
co-defendants.
The complaint alleges claims related to elevated levels of
radiation at two manufactured housing communities located on
reclaimed mining land in Mulberry, Polk County, Florida, allegedly
due to phosphate mining and reclamation activities occurring
decades ago.
Plaintiffs seek monetary damages, including punitive damages,
injunctive relief requiring remediation of their properties, and a
medical monitoring program funded by the defendants.
On October 14, 2021, the court substantially granted a motion to
dismiss that we filed late in 2020, with leave for the plaintiffs
to amend their complaint.
On November 3, 2021, plaintiffs filed an amended complaint and, in
response, Mosaic filed a motion to dismiss that complaint with
prejudice on November 15, 2021.
On December 23, 2021, plaintiffs opposed that motion and Mosaic
replied to that opposition on January 26, 2022.
On April 6, 2022, the court heard argument on the motions to
dismiss filed by Mosaic and each other co-defendant.
In late March 2023, the court denied defendants’ motions to
dismiss.
The Company intends to continue to vigorously defend this matter.
The Mosaic Company is a producer and marketer of concentrated
phosphate and potash crop nutrients. The Company is a single-source
supplier of phosphate and potash-based crop nutrients and animal
feed ingredients.
NAILS & SPA: Lee Suit Seeks Approval of FLSA Class Notice
---------------------------------------------------------
In the class action lawsuit captioned as CHONG SUK LEE, on behalf
of herself and a class and collective of similarly situated
individuals, v. NAILS & SPA TOGETHER, INC., NAILS & SPA ON SECOND
AVENUE, INC., d/b/a NAILS & SPA TOGETHER nail salon, HEON MEE
CHANG, HO SIK CHANG and CHYRIM CHOI, in their individual and
professional capacities, Case No. 1:24-cv-02549-AT (S.D.N.Y.), the
Plaintiff move the Court permitting Court supervised notification
to members of the putative class pursuant to the Fair Labor
Standards Act ("FLSA"), 29 U.S.C. §216(b), together with such
other and further relief as the Court may deem just and proper.
Nails & Spa offers a range of nail and spa services.
A copy of the Plaintiff's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qNVl8l at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan J. Kim, Esq.
RYAN KIM LAW, P.C.
222 Bruce Reynolds Blvd. Suite 490
Fort Lee, NJ 07024
Telephone: (718) 573-1111
E-mail: ryan@ryankimlaw.com
NAILS & SPA: Must File Class Cert Opposition by Dec. 2
------------------------------------------------------
In the class action lawsuit captioned as CHONG SUK LEE, on behalf
of herself and a class and collective of similarly situated
individuals, v. NAILS & SPA TOGETHER, INC., NAILS & SPA ON SECOND
AVENUE, INC., d/b/a NAILS & SPA TOGETHER nail salon, HEON MEE
CHANG, HO SIK CHANG and CHYRIM CHOI, in their individual and
professional capacities, Case No. 1:24-cv-02549-AT (S.D.N.Y.), the
Hon. Judge Analisa Torres entered an order directing the Defendants
to file their opposition papers by Dec. 2, 2024.
By Dec. 9, 2024, the Plaintiff shall file her reply, if any.
On Nov. 18, 2024, the Plaintiff moved for conditional certification
of a Fair Labor Standards Act collection action pursuant to 29
U.S.C. section 216(b).
Nails & Spa offers a range of nail and spa services.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8RjY8r at no extra
charge.[CC]
NAPHCARE U.S.: Labios Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Naphcare U.S., Inc.,
et al. The case is styled as Arnulfo Labios, individually and on
behalf of other members of the general public similarly situated v.
Naphcare U.S., Inc., Naphcare Pharmacy, LLC, Naphcare US DE, LLC,
Naphcare Wholesale Distribution LLC, Naphcare of San Diego LLC,
Naphcare, Inc, Case No. STK-CV-UOE-2024-0016214 (Cal. Super. Ct.,
San Joaquin Cty., Nov. 19, 2024).
The case type is stated as "Unlimited Civil Other Employment."
NaphCare -- https://www.naphcare.com/ -- is an innovative provider
of correctional healthcare services in jails and prisons.[BN]
The Plaintiff is represented by:
Molly DeSario, Esq.
WILSHIRE LAW FIRM
475 14th St., Ste. 700
Oakland, CA 94612-1945
Phone: 213-381-9988
Fax: 213-381-9989
Email: molly.desario@wilshirelawfirm.com
NEW ERA: Filing of Conditional Class Cert Bid Extended to Dec. 18
-----------------------------------------------------------------
In the class action lawsuit captioned as Zarate, et al., v. New Era
Foods One, Inc., et al., Case No. 1:23-cv-09806-RFT (S.D.N.Y.), the
Hon. Judge Robyn Tarnofsky entered an order granting an extension
of time for the Plaintiff to file a motion for conditional
certification.
-- The motion for conditional class certification is due Dec. 18,
2024.
-- No further extensions of this deadline will be granted absent
exceptionally good cause.
-- Defendants' opposition, if any, due by Jan. 17, 2024, and
Plaintiff's reply, if any, due by Jan. 31, 2024.
New Era is a food production company.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=sFEfrT at no extra
charge.[CC]
The Plaintiffs are represented by:
Valeria Fernandez, Esq
BELL LAW GROUP, PLLC
116 Jackson Avenue
Syosset, New York 11791
Telephone: (516) 280-3008
Facsimile: (516) 706-4692
E-mail: BellLG.com
NEW YORK, NY: Amended Order Entered in Campbell Class Action
-------------------------------------------------------------
In the class action lawsuit captioned as CAMPBELL et al., v. CITY
OF NEW YORK, Case No. 1:24-cv-02575-JHR-RWL (S.D.N.Y.), the Hon.
Judge Jennifer Rearden entered an amended order of reference to a
Mag. Judge Jennifer H. Rearden:
-- General Pretrial (includes scheduling, discovery,
non-dispositive
pretrial motions, and settlement)
-- Specific Non-Dispositive Motion/Dispute: Motion to Stay Pending
the
Issuance of a Decision on Defendant's Motion to Consolidate;
Motion
to Certify Class.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iforVH at no extra
charge.[CC]
NEW YORK, NY: Class Settlement in Pierre Suit Gets Final Nod
------------------------------------------------------------
In the class action lawsuit captioned as BURBRAN PIERRE, on behalf
of himself and others similarly situated, v. CITY OF NEW YORK, NEW
YORK CITY POLICE DEPARTMENT, TD BANK N.A., DUANE READE INC., B & H
PHOTO VIDEO PRO AUDIO LLC, BLOOMBERG L.P., TRIHOP 14TH STREET LLC,
DOES NOS. 1-10, SILVERSEAL CORPORATION d/b/a/ S.E.A.L. SECURITY
LLC, and GARDAWORLD SECURITY CORPORATION d/b/a GARDAWORLD, Case No.
1:20-cv-05116-ALC-VF (S.D.N.Y.), the Hon. Judge Andrew Carter, Jr.
entered an order granting final approval of the settlement, class
certification, award of attorneys' fees, expenses, and service
awards:
-- The Court grants Plaintiff's Motion for Final Approval.
-- Pursuant to FRCP 23, the Court certifies, for settlement
purposes
only, a Class consisting of:
"all current and former New York City Police Officers,
Sergeants,
Lieutenants, and Detectives who provided services at any B&H
location in New York State at any time from July 3, 2014
through
Jan. 9, 2024 through the Paid Detail Program."
-- The Court appoints Plaintiff Burbran Pierre to represent the
Class, finding that Plaintiff meets all the requirements for
class certification under FRCP 23(a) and (b)(3).
-- The Service Award Recipients undertook risk to serve their
fellow
Officers and they expended significant time and effort in the
prosecution of the claims and securing the Settlement on
behalf
of the Class.
-- The Court finds that service payments of $12,500 to Plaintiff
Burbran Pierre, $10,000 to Kyna Phillip, $8,000 to Robinson
Martinez, $3,500 to Desmond Grant, and $3,500 to Roman Diaz
are
reasonable.
-- The Court appoints Faruqi & Faruqi, LLP as Class Counsel,
finding that they meet all the requirements under the FRCP
23(g).
-- The Court grants Class Counsel's requested fees of $216,666.67
and reimbursement of litigation expenses of $19,886.55.
New York City comprises 5 boroughs sitting where the Hudson River
meets the Atlantic Ocean.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tZ951H at no extra
charge.[CC]
NORDVPN SA: Peterson Sues Over Automatic Subscription Renewal
-------------------------------------------------------------
TIM PETERSON, on behalf of himself and all others similarly
situated, Plaintiff v. NORDVPN S.A. and TEFINCOM S.A. d/b/a
NordVPN, Defendants, Case No. 1:24-cv-03218-MEH (D. Colo., November
19, 2024) is a proposed class action lawsuit challenging Nord
Security's use of deceptive and illegal "automatic renewal" tactics
to trick consumers into paying for unwanted, pricey subscriptions
for Internet security services.
According to the complaint, Nord Security intentionally misleads
consumers into thinking they can subscribe to Nord Security's
virtual private network and other services for a discrete period of
time. The truth is, however, that Nord Security's subscriptions
automatically renew and Nord Security's "disclosures" regarding
this feature of its subscriptions are hidden from consumers both
before and after purchase and fall far short of the legal
requirements for such subscriptions. Further, Nord Security
intentionally makes those subscriptions difficult to cancel, says
the suit.
Due to Nord Security's deceptive and unlawful negative option
practices, the Plaintiff and other consumers who sign up for a Nord
Security service ultimately end up paying for subscriptions that
they do not want, the suit alleges.
NORDVPN S.A. is a company that offers a virtual private network
service for privacy and security.[BN]
The Plaintiff is represented by:
J. Burkett McInturff, Esq.
Ethan D. Roman, Esq.
Daniel J. Brenner, Esq.
WITTELS MCINTURFF PALIKOVIC
305 Broadway, 7th Floor
New York, NY 10007
Telephone: (914) 775-8862
E-mail: jbm@wittelslaw.com
edr@wittelslaw.com
djb@wittelslaw.com
- and -
Scott C. Harris, Esq.
J. Hunter Bryson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
E-mail: sharris@milberg.com
hbryson@milberg.com
NORTH AMERICAN: Class Cert. Filing in Bartlett Due Sept. 22, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Bartlett et al., v. North
American Company for Life and Health Insurance, Case No.
23-cv-04123-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts entered
a case management order as follows:
Exchange of Rule 26(a)(1) Initial Disclosures: Dec. 9, 2024
Stipulated Protective Order Filing: Dec. 9, 2024
Motion for Class Certification: Sept. 22, 2025
Opposition to Class Certification, Motions Nov. 14, 2025
to Exclude Plaintiff Experts:
Reply to Class Certification, Motions to Dec. 19, 2025
Exclude Defense Experts:
Fact Discovery Cutoff: Feb. 13, 2026
Designation of Opening Experts with Reports: March 2, 2026
Designation of Rebuttal Experts with Reports: April 3, 2026
Expert Discovery Cutoff: April 24, 2026
Joint Pretrial Conference: Oct. 20, 2026
North American Company life and health insurance and annuities.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OWNYxq at no extra
charge.[CC]
NUTS.COM INC: Garcia Sues Over Alleged Invasion of Privacy
----------------------------------------------------------
SILVIA GARCIA, individually and on behalf of all others similarly
situated, Plaintiff v. NUTS.COM INC., a New Jersey entity, d/b/a
WWW.NUTS.COM, Defendant, Case No. 24STCV30319 (Cal. Super., Los
Angeles Cty., November 18, 2024) accuses the Defendant of violating
the California Invasion of Privacy Act.
According to the complaint, the Defendant falsely promised its
website visitors, including Plaintiff, that it would protect their
privacy, but then secretly monetized their personal information by
enabling TikTok to spy on those visitors, surveil their journey
across the web, track their location and lifestyle habits, and
bombard them with targeted advertising. Allegedly, the Defendant
secretly deployed a de-anonymization process to identify and track
Plaintiff using electronic impulses generated from Plaintiff's
device. Moreover, the Defendant's actions violate California's Trap
and Trace Law because it did not obtain Plaintiff's or class
members' express or implied consent to be subjected to data sharing
with TikTok for the purposes of fingerprinting and
de-anonymization, says the suit.
Nuts.com, Inc. sells nuts and related products. [BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
David W. Reid, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Telephone: (949) 706-6464
Facsimile: (949) 706-6469
E-mail: sferrell@pacifictrialattorneys.com
dreid@pacifictrialattorneys.com
vknowles@pacifictrialattorneys.com
ON24 INC: Continues to Defend Securities Class Suit
---------------------------------------------------
ON24 Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
continues to defend itself from a consolidated securities class
suit in the United States District Court for the Northern District
of California.
The Company, its Chief Executive Officer, its Chief Financial
Officer, certain current and former members of its Board of
Directors and the underwriters that participated in the Company's
Initial Public Offering ("IPO") are named as defendants in a
consolidated putative class action, captioned In re ON24, Inc.
Securities Litigation, 4:21-cv-08578-YGR (filed in November 2021),
in the United States District Court for the Northern District of
California.
The consolidated complaint purports to assert claims under Sections
11 and 15 of the Securities Act of 1933 on behalf of all persons
and entities that purchased, or otherwise acquired, the Company's
common stock issued in connection with the Company's IPO.
The complaint alleges that the Company's registration statement and
prospectus contained untrue statements of material fact and/or
omitted material facts about ON24's growth and customer base.
Plaintiff seeks, among other things, an award of damages and
attorneys' fees and costs. The defendants filed a motion to dismiss
the complaint in May 2022, which the district court granted with
leave to amend in July 2023. Plaintiff filed its amended complaint
in September 2023, and the defendants filed a motion to dismiss the
amended complaint in October 2023.
In March 2024, the district court granted the defendants’ motion
to dismiss with prejudice.
Plaintiff has filed a notice of appeal of the district court's
order and that appeal is currently ongoing.
The Company believes the allegations in the amended complaint are
without merit.
ON24, Inc. provides a leading, cloud-based intelligent engagement
platform that combines best-in-class experiences with
personalization and content, to enable sales and marketing
organizations to capture and act on connected insights at scale.
The Company’s platform offers a portfolio of interactive and
hyper-personalized digital experience products that creates and
captures actionable, real-time data at scale from millions of
professionals to provide businesses with buying signals and
behavioral insights to efficiently convert prospects into
customers.
ORACLE AMERICA: Settlement Class in Katz-Lacabe Gets Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as Michael Katz-Lacabe and
Dr. Jennifer Golbeck, on behalf of themselves and all others
similarly situated, v. ORACLE AMERICA, INC., a corporation
organized under the laws of the State of Delaware, Case No.
3:22-cv-04792-RS (N.D. Cal.), the Hon. Judge Richard Seeborg
entered an order granting final approval order:
1. All terms and definitions used herein have the same meanings
as
set forth in the Settlement Agreement unless stated
otherwise.
2. The Court has jurisdiction over this Action and the Parties.
3. The Objection regarding the reach of the Notice Plan is
overruled.
4. The two Objections arguing email is an improper method for
providing notice are overruled.
5. The findings of the Preliminary Approval Order are confirmed
and, for purposes of the Settlement only, all requirements
for
maintenance of a class action set forth in Federal Rules of
Civil Procedure 23(a) and (b)(3) are satisfied. The following
Settlement Class is therefore certified:
"All natural persons residing in the United States whose
personal information, or data derived from their personal
information, was acquired, captured, or otherwise collected
by
Oracle Advertising technologies or made available for use or
sale by or through ID Graph, Data Marketplace, or any other
Oracle Advertising product or service from Aug. 19, 2018 to
the
date of final judgment in the Action."
Excluded from the Settlement Class are (i) Oracle; (ii)
Oracle’s
parents, subsidiaries, affiliates, officers, directors,
investors, and employees; (iii) any entity in which Oracle
has a
controlling interest; (iv) any individual who would otherwise
be
included in the Settlement Class, but has agreed, in another
proceeding, to release claims covered by this Settlement
prior
to the Claim Form deadline identified in Section 3.6 of the
Settlement Agreement; and (v) any judge presiding over this
Action, their staff, and the members of the judge’s
immediate
family.
6. Michael Katz-Lacabe and Jennifer Golbeck are appointed as
Settlement Class Representatives. These Settlement Class
Representatives have fairly and adequately represented, and
will
fairly and adequately represent, the interests of the
Settlement
Class. The objection arguing that they have not adequately
represented the Class is overruled.
7. Class Counsel is appointed as counsel representing the
Settlement Class under Federal Rule of Civil Procedure
23(g).
Oracle America designs, manufactures, and markets network computing
infrastructure solutions.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8EZOOH at no extra
charge.[CC]
OUTBACK STEAKHOUSE: Parties Must Resubmit Case Management Plan
--------------------------------------------------------------
In the class action lawsuit captioned as Di Maggio v. Outback
Steakhouse of Florida, LLC, Case No. 1:24-cv-06144 (E.D.N.Y., Filed
Sept. 3, 2024), the Hon. Judge Hector Gonzalez entered an order:
On Nov. 25, 2024, the parties shall resubmit a new proposed case
management plan that adheres to the following guidelines and
adjusts all other deadlines accordingly:
(1) provides for no more than nine months of fact discovery and
four months of expert discovery;
(2) provides for any opening motion related to class
certification
to be filed within 60 days after the close of expert
discovery;
and
(3) provides for any opposition to class certification to be
filed
45 days thereafter, and any reply to be filed 21 days
later.
Outback owns and operates a restaurants. The Company offers beef
and steak items, chicken, ribs, seafood, pasta dishes, and salads.
The nature of suit states torts -- personal property -- other
fraud.[CC]
PACIFIC DENTAL: Underpays Operations Managers, Munoz Suit Alleges
-----------------------------------------------------------------
MARITZA ALEJANDRA MUNOZ, individually and on behalf of all others
similarly situated, Plaintiff v. PACIFIC DENTAL SERVICES, LLC; and
DOES 1 through 100, Defendants, Case No. 24CV03469 (Cal. Super.,
Butte Cty., October 7, 2024) is a class action against the
Defendants for violations of the California Labor Code, the
California's Business and Professions Code, the Fair Employment and
Housing Act, and California's Public Policy.
The Plaintiff worked as operations manager at the Defendants' Chico
Modern Dentistry from September 2016 to April 2024.
Pacific Dental Services, LLC is a dental services provider,
headquartered in Irvine, California. [BN]
The Plaintiff is represented by:
Manny Starr, Esq.
Daniel Ginzburg, Esq.
FRONTIER LAW CENTER
23901 Calabasas Road, Suite 1084
Calabasas, CA 91302
Telephone: (818) 914-3433
Facsimile: (818) 914-3433
Email: manny@frontierlawcenter.com
dan@frontierlawcenter.com
PARAGON 28 INC: Continues to Defend Ellington Securities Class Suit
-------------------------------------------------------------------
Paragon 28 Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
continues to defend itself from the Ellington securities class suit
in the United States District Court for the District of Colorado.
On September 30, 2024, a putative class action complaint were filed
in the U.S. District Court for the District of Colorado.
The complaint alleges that the Company and certain current and
former officers violated federal securities laws. The case is
captioned Ellington v. Paragon 28, Inc., et al.
The Company believes the allegations in the complaint are without
merit and intend to vigorously defend the litigation.
Paragon 28, Inc. is a technology company located in Englewood,
Colorado. [BN]
PARAGON 28 INC: Continues to Defend Tiedt Securities Class Suit
---------------------------------------------------------------
Paragon 28 Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
continues to defend itself from the Tiedt securities class suit in
the United States District Court for the District of Colorado.
On October 18, 2024, a putative class action complaint were filed
in the U.S. District Court for the District of Colorado.
The complaint alleges that the Company and certain current and
former officers violated federal securities laws. The case is
captioned Tiedt v. Paragon 28, Inc., et al.
The Company believes the allegations in the complaint are without
merit and intend to vigorously defend the litigation.
Paragon 28, Inc. is a technology company located in Englewood,
Colorado. [BN]
PERRY JOHNSON: O'Neill Suit Transferred From N.D. Ill. to E.D.N.Y.
------------------------------------------------------------------
The case styled BRIDGET O'NEILL, KIRK MOSES, MICHAEL NEWTON, NOEL
CARTER, MARTIN KURTEV, and IZABELA DEBOWCZYK, individually and on
behalf of all others similarly situated v. PERRY JOHNSON &
ASSOCIATES, INC., COOK COUNY HEALTH & HOSPITALS SYSTEM, Case No.
1:24-cv-04963, was transferred from the U.S. District Court for the
Northern District of Illinois to the U.S. District Court for the
Eastern District of New York on October 7, 2024.
The Clerk of Court for the Eastern District of New York assigned
Case No. 1:24-cv-07007-RPK-LGD to the proceeding.
The case arises from the Defendants' alleged failure to properly
secure and safeguard the personally identifiable information and
protected health information of the Plaintiffs and similarly
situated patients stored within their network systems following a
data breach.
Perry Johnson & Associates, Inc. is a provider of medical
transcription services, headquartered in Troy, Michigan.
Cook County Health & Hospitals System is a healthcare provider
based in Illinois. [BN]
The Plaintiffs are represented by:
Thomas A. Zimmerman, Jr., Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
Email: tom@attorneyzim.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street, N.W., Suite 300
Washington, DC 20006
Telephone: (202) 540-7200
Facsimile: (202) 540-7201
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street, Fourteenth Floor
New York, NY 10004
Telephone: (646) 357-1100
Facsimile: (212) 202-4322
Email: snathan@hausfeld.com
- and -
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Facsimile: (212) 686-0114
Email: malmstrom@whafh.com
- and -
Terence R. Coates, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 East Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 665-0204
Facsimile: (513) 665-0219
Email: tcoates@msdlegal.com
- and -
M. Anderson Berry, Esq.
CLAYEO C. ARNOLD, A PROFESSIONAL CORPORATION
865 Howe Avenue
Sacramento, CA 95825
Telephone: (916) 239-4778
Facsimile: (916) 924-1829
Email: aberry@justice4you.com
PLR WORLDWIDE: Nguyen Sues Over Addictive Video Game Features
-------------------------------------------------------------
DAVID NGUYEN AND SCOTT SHEPPARD, individually and on behalf of all
others similarly situated, Plaintiffs v. PLR WORLDWIDE SALES
LIMITED, Defendant, Case No. 8:24-cv-02526 (C.D. Cal., November 19,
2024) is an action on behalf of the Plaintiffs, the general public,
and a proposed class of similarly situated consumers for the
unlawful, deceptive, and misleading trade practices related to
video games' dark patterns and addictive in-game features engaged
in by Defendant in violation of the California Business and
Professions Code, the California Civil Code, and the Washington
Consumer Protection Act.
According to the complaint, one of Defendant's most popular games
is Gardenscapes, which is considered one of the largest match-3
puzzle games in the market and touts a daily average of 30-40
million active players. The billions of dollars in revenue are
generated by Defendant's deceptive use of "dark patterns" to push
players into "microtransactions" -- the ability, while in the game,
to make discrete in-app purchases of in-game valuables necessary to
advance gameplay and continue in the story.
The Defendants have fraudulently concealed from and intentionally
failed to disclose to Plaintiffs and the Class Members the truth
about their advertised price discounts and their use of dark
patterns. Through this false and deceptive marketing, advertising
and pricing scheme, Playrix has violated California and Washington
law prohibiting the advertisements of goods for sale as discounted
from false former prices and prohibiting misleading statements
about the existence and amount of price reductions, says the suit.
PLR Worldwide Sales Limited is a mobile video game development
company whose video games include but are not limited to
Gardenscapes.[BN]
The Plaintiffs are represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW, P.A.
1925 Century Park E #1700
Los Angeles, CA 90067
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
- and -
Jeffrey D. Kaliel, Esq.
KALIELGOLD PLLC
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 350-4783
E-mail: jkaliel@kalielpllc.com
- and -
Sophia Goren Gold, Esq.
KALIELGOLD PLLC
950 Gilman Street, Suite 200
Berkeley, CA 94710
Telephone: (202) 350-4783
E-mail: sgold@kalielgold.com
RED BIRD: Commercial Property Violates ADA, Pardo Suit Says
-----------------------------------------------------------
NIGEL FRANK DE LA TORRE PARDO, individually and on behalf of all
other similarly situated mobility-impaired individuals, Plaintiff,
v. RED BIRD SHOPPING CENTER LLC, ACE HARDWARE OF BIRD ROAD INC. and
TRINITY BROOKLYN VENTURES LLC D/B/A APIZZA BROOKLYN RESTO + VINO,
Defendants, Case No. 1:24-cv-24556 (S.D. Fla., November 19, 2024)
is an action for injunctive relief, attorneys' fees, litigation
expenses, and costs pursuant to the Americans with Disabilities
Act.
The individual Plaintiff, an individual with disabilities as
defined by and pursuant to the ADA, frequently visits Defendants'
commercial plaza property and tenant businesses (including the
related parking lots and common areas) to include visits on
September 14, 2024, and allegedly encountered multiple violations
of the ADA that directly affected his ability to use and enjoy the
commercial plaza and businesses therein listed in this complaint.
The Plaintiff encountered architectural barriers at the subject
property and Defendants' businesses that include but are not
limited to entrance access and path of travel, access to goods and
services, and public restrooms, says the suit.
In order to remedy this discriminatory situation, the Plaintiff
requires an inspection of the Defendants' places of public
accommodation in order to determine all of the areas of
non-compliance with ADA.
Red Bird Shopping Center LLC owns and operates a commercial plaza
constituting a plaza located in Miami, Florida.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Miami, FL 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
E-mail: ajp@ajperezlawgroup.com
RITTER LAW: Church Seeks Class Settlement Initial Approval
----------------------------------------------------------
In the class action lawsuit captioned as HUNTER J. CHURCH,
individually and on behalf of those similarly situated, v. J RITTER
LAW P.C., FEDCHEX RECOVERY, LLC, JONATHAN RITTER, ESQ., and JOHN
DOES 1-10, Case No. 3:23-cv-01709-RLS (D.N.J.), the Plaintiff shall
move this Honorable Court, at a date and time to be determined by
the Court, for an Order granting preliminary approval of the class
settlement and related relief as specified in the proposed form of
Order.
A copy of the Plaintiff's motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ORcD76 at no extra
charge.[CC]
The Plaintiff is represented by:
Yongmoon Kim, Esq.
Philip D. Stern, Esq.
KIM LAW FIRM LLC
411 Hackensack Avenue, Suite 701
Hackensack, NJ 07601
Telephone: (201) 273-7117
Facsimile: (201) 273-7117
E-mail: ykim@kimlf.com
pstern@kimlf.com
The Defendants are represented by:
Brian K. Condon, Esq.
CONDON PAXOS PLLC
55 Old Turnpike Road, Suite 502
Nanuet, NY 10954
- and -
Stephen D. Dargitz, Esq.
O'HAGAN MEYER, PLLC
116 Village Boulevard, Suite 200
Princeton, NJ 080540
ROMEO'S PIZZA: Must File Class Cert. Bid Response by Dec. 2
-----------------------------------------------------------
In the class action lawsuit captioned as Branning v. Romeo's Pizza,
Inc., et al., Case No. 1:19-cv-02092 (N.D. Ohio, Filed Sept. 11,
2019), the Hon. Judge Solomon Oliver, Jr. entered an order granting
the Defendants' motion for extension of time to file response/reply
to plaintiffs' combined motion for rule 23 class certification and
Fair Labor Standards Act (FLSA) Conditional Certification until
Dec. 2, 2024.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Romeo's Pizza was founded in 2001, in Medina, Ohio.[CC]
ROMEO'S PIZZA: Seeks More Time to File Class Cert. Reply
--------------------------------------------------------
In the class action lawsuit captioned as MATTHEW BRANNING, et. al.,
on behalf of themselves and those similarly situated, v. ROMEO'S
PIZZA, INC., et al., Case No. 1:19-cv-02092-SO (N.D. Ohio), the
Defendants ask the Court to enter an order granting a 10 day
extension of time, up to and including Dec. 2, 2024, to file a
response to Plaintiff's combined motion for Rule 23 class
certification and Fair Labor Standards Act (FLSA) conditional
certification.
The Defendants also request that the Court provide a similar
extension, until Dec. 19, 2024, for Plaintiff's reply brief.
The Defendants' counsel has experienced an unusually heavy
litigation docket over the past several weeks, including several
depositions and discovery issues that have impacted his ability to
fully review and respond to Plaintiff's motion. This motion is made
in good faith and not for purposes of delay, and the Plaintiff will
not be prejudiced by the requested extension.
The Defendants' counsel reached out to Plaintiff's counsel this
morning to inquire whether the Plaintiff opposed the requested
relief, but the Plaintiff's counsel has not had a chance to
respond.
The Defendants' counsel will provide a prompt update to the Court
if the Plaintiff opposes the requested relief.
Romeo's Pizza is a company that operates several pizza chain
restaurants.
A copy of the Defendants' motion dated Nov. 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tlc3wm at no extra
charge.[CC]
The Defendants are represented by:
Matthew A. Dooley, Esq.
Stephen M. Bosak, Jr., Esq.
DOOLEY, GEMBALA, McLAUGHLIN
& PECORA CO., LPA
5455 Detroit Road
Sheffield Village, OH 44054
Telephone: (440) 930-4001
Facsimile: (440) 934-7208
E-mail: mdooley@dooleygembala.com
sbosak@dooleygembala.com
RUSSELL COUNTY, AL: Judge Recommends Class Cert Bid Denial
----------------------------------------------------------
In the class action lawsuit captioned as DARYUS D. SULLIVAN, v.
RUSSELL COUNTY SHERIFF DEPT., et al., Case No.
3:24-cv-00657-RAH-CWB (M.D. Ala.), the Hon. Judge Chad Bryan
entered an order recommending as follows:
1. that Plaintiff's motion for class certification and
appointment
of counsel be denied; and
2. that this case be referred back to the Magistrate Judge for
further proceedings.
The Plaintiff is a pro se inmate who brought this action under 42
U.S.C. § 1983 to challenge the constitutionality of conditions at
the Russell County Jail.
Pending initially for resolution is Plaintiff’s motion for class
certification and appointment of counsel.
A copy of the Court's recommendation dated Nov. 19, 2024, is
available from PacerMonitor.com at https://urlcurt.com/u?l=lWF9yW
at no extra charge.[CC]
SAN FRANCISCO, CA: Settlement Hearing in Anderson Set for Dec. 12
-----------------------------------------------------------------
In the class action lawsuit captioned as DEVON ANDERSON and BEVERLY
L. SWEENEY on behalf of themselves and all others similarly
situated, v. THE CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO
DEPARTMENT OF PUBLIC HEALTH, and SAN FRANCISCO MUNICIPAL
TRANSPORTATION AGENCY Defendants and SAN FRANCISCO EMPLOYEES’
RETIREMENT SYSTEM, Case No. 4:20-cv-01149-DMR (N.D. Cal.), the
Parties ask the Court to enter an order expediting the hearing date
for the Plaintiffs' unopposed motion for preliminary approval of
settlement to Dec. 12, 2024.
The Plaintiffs and the City stipulate and jointly request as
follows:
1. Plaintiffs may set the hearing date for December 12, 2024
(the
same date on which the hearing for the Motion for Class
Certification is set).
The Plaintiffs filed their Unopposed Motion for Class
Certification on November 4, 2024, and set the hearing date
for
December 12, 2024.
A copy of the Plaintiff's motion dated Nov. 20, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=NT8Bwm at no extra
charge.[CC]
The Plaintiff is represented by:
R. Joseph Barton, Esq.
BARTON & DOWNES LLP
1633 Connecticut Avenue NW, Suite 200
Washington DC 20009
Telephone: (202) 734-7046
E-mail: jbarton@bartondownes.com
- and -
Michael J. Scimone, Esq.
Jahan C. Sagafi, Esq.
OUTTEN & GOLDEN LLP
685 Third Avenue, 25th Floor
New York, NY 10017
Telephone: (212) 245-1000
E-mail: mscimone@outtengolden.com
jsagafi@outtengolden.com
rdempsey@outtengolden.com
The Defendant is represented by:
Matthew K. Yan, Esq.
Dante R. Taylor, Esq.
Jonathan C. Rolnick, Esq.
SAN FRANCISCO CITY ATTORNEY'S OFFICE
1390 Market Street, 5th Floor
San Francisco, CA 94102
Telephone: (415) 554-4267
Facsimile: (415) 554-4248
E-mail: Matthew.Yan@sfcityatty.org
Dante.Taylor@sfcityatty.org
Jonathan.Rolnick@sfcityatty.org
SANTANDER BANK: Almanzar Seeks Leave to File Exhibits Under Seal
----------------------------------------------------------------
In the class action lawsuit captioned as Juan B. Almanzar v.
Santander Bank, N.A., Case No. 1:23-cv-10706-AS (S.D.N.Y.), the
Plaintiff asks the Court to enter an order granting motion for
leave to file under seal exhibits in support of his motion for
class certification.
Santander is an American bank operating as a wholly-owned
subsidiary of the Spanish Santander Group.
A copy of the Plaintiff's motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UbUppE at no extra
charge.[CC]
The Plaintiff is represented by:
Susan Rotkis, Esq.
CONSUMER ATTORNEYS
Telephone: (602) 807-1504
E-mail: srotkis@consumerattorneys.com
SANTANDER BANK: Almanzar Suit Seeks to Certify Rule 23 Class
------------------------------------------------------------
In the class action lawsuit captioned as JUAN B. ALMANZAR, on
behalf of himself and all others similarly situated, v. SANTANDER
BANK, N.A., Case No. 1:23-cv-10706-AS (S.D.N.Y.), the Plaintiff
asks the Court to enter an order certifying the following class
pursuant to Rule 23 of the Federal Rules of Civil Procedure:
(a) All natural persons;
(b) residing within the geographic confines of the States of
New
York, Massachusetts, New Hampshire, Connecticut, Rhode
Island,
New Jersey, Pennsylvania, and Delaware;
(c) who applied for an extension of credit from Santander
within
the five years preceding class certification;
(d) to whom Santander provided an adverse action notice
(e) which was the same as the notice sent to the Plaintiff
stating
the reason(s) were: one or more chargeoff, bankruptcy,
judgement or repossession;
(f) because of a"9" code appearing in an Experian consumer
report;
(g) who was denied based on a reason other than a chargeoff or
bankruptcy.
In addition to an Order certifying the class, the Plaintiff seeks
an Order requiring the Defendant to produce a class list with
updated mailing addresses within 30 days after the entry
certification of the class and setting a schedule for providing
notice to the class after the production of the class list.
This Motion is supported by the contemporaneously filed Declaration
of Susan M. Rotkis as well as a Memorandum in Support of the Motion
for Class Certification, all pleadings and papers on file in this
action to date, and such matters as may be introduced at any
hearing on this Motion.
Santander is an American bank operating as a wholly-owned
subsidiary of the Spanish Santander Group.
A copy of the Plaintiff's motion dated Nov. 15, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vArlMz at no extra
charge.[CC]
The Plaintiff is represented by:
Susan Mary Rotkis, Esq.
Meir Rubinov, Esq.
Daniel Cohen, Esq.
CONSUMER ATTORNEYS
2290 East Speedway Blvd.
Tucson, AZ 85719
Telephone: (602) 807-1504
Facsimile: (718) 715-1750
E-mail: srotkis@consumerattorneys.com
mrubinov@consumerattorneys.com
dcohen@consumerattorneys.com
SELECT REHABILITATION: Class Cert Date Order Entered in McLaughlin
------------------------------------------------------------------
In the class action lawsuit captioned as CHRISTINE MCLAUGHLIN,
CRYSTAL VANDERVEEN, JUSTIN LEMBKE, and SCOTT HARDT, individually
and on behalf of all others similarly situated, V. SELECT
REHABILITATION, LLC, Case No. 3:22-cv-00059-HES-MCR (M.D. Fla.),
the Hon. Judge Harvey Schlesinger entered an order regarding
discovery issues and pending deadlines, as follows:
1. By noon on Wednesday, Nov. 20, 2024, the parties will jointly
file a list of any remaining discovery issues to be resolved.
The parties should indicate for each issue the docket numbers
and the page numbers where argument on the issue can be found
in
the record.
2. Defendant has until Wednesday, Dec. 11, 2024, to file any
motions related to the class certification discovery.
Plaintiffs
have until Tuesday, Dec. 31, 2024, to file a response to any
motions filed.
3. Defendant's ore tenus motion for extension of time to file a
response to Plaintiffs' motion for class certification is
granted. Defendant's deadline for responding to Plaintiffs'
motion for class certification is extended to Tuesday, Jan.
21,
2025.
Select Rehabilitation provides comprehensive therapy services.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OEjWUc at no extra
charge.[CC]
SELIP & STYLIANOU: Tomaine Suit Seeks Rule 23 Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY TOMAINE, on behalf
of himself and all others similarly situated, v. SELIP & STYLIANOU,
LLP aka SELIP & STYLIANOU LIMITED LIABILITY PARTNERSHIP, Case No.
2:20-cv-00156-BRM-JBC (D.N.J.), the Plaintiff, pursuant to Rule 23
of the Federal Rules of Civil Procedure, shall move before the
Honorable Brian R. Martinotti for an Order granting Class
Certification.
Selip & Stylianou is a licensed debt collection law firm.
A copy of the Plaintiff's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Dk1XW9 at no extra
charge.[CC]
The Plaintiff is represented by:
Lawrence C. Hersh, Esq.
Attorney at Law
17 Sylvan Street, Suite 102B
Rutherford, NJ 07070
Telephone: (201) 507-6300
The Defendants are represented by:
Robert L. Arleo, Esq.
1345 Avenue of the Americas, 33rd Floor
New York, NY 10105
SENDWELL INC: Court Certifies Two Classes in Champion TCPA Lawsuit
------------------------------------------------------------------
In the class action lawsuit captioned as Joshua Champion, v.
Sendwell, Inc., Case No. 1:24-cv-01143-JEB (D.D.C.), the Hon. Judge
James Boasberg entered an order:
-- certifying two Classes under the Telephone Consumer Protection
Act
that are defined as follows:
The DNCR Class:
"All persons in the United States (1) to whom Sendwell
initiated
more than one telephone solicitation within any 12-month
period,
(2) to their cellular telephone number, (3) while their phone
number was listed on the national Do Not Call Registry, (4)
within
the last four years from the filing of this action."
The Failure to Identify Class:
"All persons in the United States (1) to whom Sendwell
initiated
more than one telemarketing text message within any 12-month
period, (2) to their cellular telephone number, (3) without
disclosing the name of the individual initiating the text
messages
and the name of the entity on whose behalf the text messages
were
made, (4) within the last four years from the filing of this
action."
-- appointing LawHQ, P.C. as Class Counsel; and
-- appointing Plaintiff Joshua Champion as Class Representative
for
both classes; and
The Plaintiff shall have 120 days from the date of this Order's
entry to conduct discovery in connection with identification of
Class members and statutory damages.
Sendwell is a Michigan based digital marketing company founded in
1998.
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WbU8y5 at no extra
charge.[CC]
SET FORTH INC: Minor Sues Over Data Breach and Stolen PII
---------------------------------------------------------
Erin Minor, individually and on behalf of all others similarly
situated v. SET FORTH, INC., Case No. 1:24-cv-11861 (N.D. Ill.,
Nov. 18, 2024), is brought as a data breach class action on behalf
of individuals whose personally identifying information ("PII") was
stolen by cybercriminals as part of a major cyber-attack on
Defendant's systems.
It was reported that on or about May 21, 2024, there was
unauthorized access to Plaintiff's and many other individuals' PII
(the "Data Breach"). Information compromised in the breach included
full names, addresses, dates of birth, and Social Security numbers
(SSNs). Over 1.5 million customers' information was included in the
data breach, according to Defendant's notice to affected
customers.
The to address the Defendant's inadequate safeguarding of Class
Members' Personal Information that it collected and maintained, and
for failing to provide adequate notice to Plaintiff and other Class
Members that their information was likely accessed by an unknown
third party and precisely what specific type of information was
accessed.
By taking possession and control of sensitive information such as
PII, Defendant assumed a duty to implement adequate and reasonable
cybersecurity procedures and protocols necessary to protect
individuals' PII from unauthorized disclosure.
The Defendant also has a duty to adequately safeguard individuals'
sensitive and private information under industry standards and
duties imposed by statutes, including Section 5 of the Federal
Trade Commission Act ("FTC Act"), and other relevant laws and
regulations.
The Defendant breached its duties by, among other things, failing
to implement and maintain reasonable security procedures and
practices to protect individuals' PII from unauthorized access and
disclosure. The Defendant has offered no assurance that the
sensitive and private information that was accessed in the Data
Breach has been recovered or destroyed.
As a result of Defendant's inadequate security and breach of its
duties and obligations, the Data Breach occurred, and Plaintiff's
and Class members' PII was accessed and disclosed. Plaintiff and
Class members are now at a substantially increased risk of
experiencing misuse of their PII in the coming years. This action
seeks to remedy these failings and their consequences, says the
complaint.
The Plaintiff received a breach notice letter from Defendant
stating that her personal information was compromised in the Data
Breach.
The Defendant is a "dedicated account administrator and processor
for consumers enrolled in a debt relief program."[BN]
The Plaintiff is represented by:
Katrina Carroll, Esq.
LYNCH CARPENTER, LLP
111 W. Washington St., Suite 1240
Chicago IL 60602
Phone: 312.750.1265
Email: katrina@lcllp.com
- and -
Beena M. McDonald, Esq.
Samantha Barrett, Esq.
Mariah Heinzerling, Esq.
CHIMICLES SCHWARTZ KRINER & DONALDSON-SMITH LLP
One Haverford Centre
361 Lancaster Avenue
Haverford, PA 19041
Phone: (610) 642-8500
Email: bmm@chimicles.com
sb@chimicles.com
mh@chimicles.com
SET FORTH: Halkias Sues Over Unauthorized Access of Consumers' Info
-------------------------------------------------------------------
GEORGE HALKIAS and LAUREN VALLE, individually and on behalf of all
others similarly situated, Plaintiffs v. SET FORTH, INC.,
Defendant, Case No. 1:24-cv-11993 (N.D. Ill., November 21, 2024) is
a class action against the Defendant for negligence and negligence
per se, invasion of privacy, unjust enrichment, and violations of
California Consumer Privacy Act, California Consumer Records Act
and California Unfair Competition Law.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiffs and similarly situated consumers stored within its
computer systems following a data breach discovered on May 21,
2024. The Defendant also failed to timely notify the Plaintiffs and
similarly situated individuals about the data breach. As a result,
the private information of the Plaintiffs and Class members was
compromised and damaged through access by and disclosure to unknown
and unauthorized third parties, says the suit.
Set Forth, Inc. is a company that provides online account
administration services to consumers enrolled in debt relief
programs, located in Schaumburg, Illinois. [BN]
The Plaintiffs are represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
Email: gklinger@milberg.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 -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
Email: jgoldenberg@gs-legal.com
- and -
Brett R. Cohen, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
Email: bcohen@leedsbrownlaw.com
SFM LLC: Milan Sues Over False and Deceptive Advertising
--------------------------------------------------------
Ralph Milan, individually and on behalf of all others similarly
situated v. SFM, LLC, a Delaware limited liability company, Case
No. 2:24-cv-02642-GMS (D. Ariz., Sept. 30, 2024), is brought
against Defendant based on Sprouts' false and deceptive advertising
and labeling of its Avocado Oil Products.
During the statute of limitations period, Sprouts has marketed,
labeled, advertised, and sold Sprouts brand Avocado Oil (the "Class
Products") to consumers. The packaging of the Class Products
unequivocally states that the oil is "Avocado Oil" (the "Avocado
Oil Representation").
Reasonable consumers believe, based on the Avocado Oil
Representation, that the Class Products are pure avocado oil,
meaning that the only ingredient in the Class Products is avocado
oil. However, unbeknownst to consumers, the Class Products are
adulterated with other oils.
The Plaintiff purchased the falsely and deceptively labeled Class
Products during the statute of limitations period, for violations
of California's False Advertising Law, California's Unfair
Competition Law, California's Consumers Legal Remedies Act, breach
of express and implied warranty, and intentional misrepresentation
(i.e., common law fraud), says the complaint.
The Plaintiff purchased the Class Products while residing in
California from a Sprouts near his residence in Santa Ana.
Sprouts is a large supermarket chain that operates more than 380
stores nationwide.[BN]
The Plaintiff is represented by:
Don Bivens, Esq.
Teresita T. Mercado, Esq.
DON BIVENS, PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ, 85254
Phone: (602) 762-2661
Email: don@donbivens.com
teresita@donbivens.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Phone: 617-377-7404
Email: joel@skclassactions.com
- and -
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Street, Ste. 1500-1507
San Francisco, CA 94108
Phone: 415-839-7000
Email: yeremey@skclassactions.com
SHEET METAL: Settlement in Campa Suit Gets Initial Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as STEPHEN CAMPA, v. BOARD OF
TRUSTEES OF THE SHEET METAL WORKERS PENSION PLAN OF NORTHERN
CALIFORNIA; BENESYS, INC. Case No. 3:23-cv-01760-MMC (E.D. Cal.),
the Hon. Judge Maxine Chesney entered an order confirming
certification of settlement class, finally approving settlement,
approving payment of case contribution award to plaintiff, and
approving payment of fees and costs to class counsel:
-- The Plaintiff Stephen Campa is confirmed as class
representative
and Bolt Keenley Kim LLP is confirmed as counsel for the class.
-- The proposed settlement between the plaintiff class and
defendants
and the non-party participant in the settlement, Neyhart,
Anderson
Flynn & Grosboll, P.C., which is filed with the Court at Docket
No. 45-1, is a reasonable, fair, and adequate resolution of
this
litigation.
-- Within 90 days of the order granting final approval to this
settlement becoming final, Defendants and Neyhart will cause a
total of $2,516,561.56 to be paid to the Plan’s trust to fund
the
Special Retirement benefit provided for by the amendment to the
Plan, in the following amounts:
Party Amount
Board $ 503,312.31
Benesys $ 629,140.39
Neyhart $ 1,384,108.86
Total $ 2,516,561.56
-- Attorney's Fees and Costs
The Plaintiff and class counsel seek an award of $167,500 in
fees
and costs to be paid by Defendants and Neyhart separate from
the
settlement fund.
Accordingly, the request is hereby approved. Defendant and
Neyhart
are ordered to make payment of $167,500 to class counsel in
accordance with the terms of the settlement agreement.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yaz7JO at no extra
charge.[CC]
SIRIUS XM: Campbell "Telemarketing" Suit Seeks to Certify Class
---------------------------------------------------------------
In the class action lawsuit captioned as JULIE CAMPBELL, DIANA
BICKFORD and KERRIE MULHOLLAND, on behalf of themselves and all
others similarly situated, v. SIRIUS XM RADIO, INC., Case No.
2:22-cv-02261-CSB-EIL (C.D. Ill.), the Plaintiffs ask the Court to
enter an order certifying the proposed Class consisting of:
"persons who: (1) received more than one SiriusXM telephone
solicitation call on their residential phone number (2) in any
12-
month period telemarketing during the Class Period (3) 31 or
more
days after registering their telephone number with the DNC
Registry, and (4) did not purchase SiriusXM’s satellite radio
service."
The proposed Class meets all requirements for certification.
This case addresses SiriusXM's telemarketing calls to non-paying
prospective customers in order to sell paid satellite radio
subscriptions. SiriusXM harvested telephone numbers from the
records of car manufacturers and dealers that sell vehicles with a
preinstalled SiriusXM satellite radio.
The Plaintiffs Julie Campbell, Diana Bickford, and Kerrie
Mulholland each received SiriusXM’s unsolicited telemarketing
calls despite placing their telephone numbers on the DNC Registry.
Those calls violated the TCPA because they were registered on the
DNC Registry at the time they received the calls.
Sirius XM operates as a satellite radio broadcasting company.
A copy of the Plaintiffs' motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Ilw4Zi at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel M. Hutchinson, Esq.
Jahi L. Liburd, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN,
LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: dhutchinson@lchb.com
- and -
Mason A. Barney, Esq.
SIRI & GLIMSTAD LLP
200 Park Avenue, 17th Floor
New York, NY 10016
Telephone: (212) 532-1091
E-mail: mbarney@sirillp.com
- and -
Jarrett L. Ellzey, Esq.
ELLZEY & ASSOCIATES, PLLC
1105 Milford St,
Houston, TX 77006
Telephone: (888) 350-3931
E-mail: Jarrett@ellzeylaw.com
- and -
Carl R. Draper, Esq.
FELDMAN WASSER
1307 South 7th Street
Springfield, IL 62703
Telephone: 217-544-3403
E-mail: cdraper@feldman-wasser.com
SKYC MANAGEMENT: Collective Action Wins Conditional Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as VICTOR ANDUJAR,
Individually and on Behalf of All Others Similarly Situated, et al.
v. SKYC MANAGEMENT LLC et al., Case No. 1:23-cv-08764-MKV
(S.D.N.Y.), the Hon. Judge Mary Kay Vyskocil entered an order
granting the motion of Plaintiff and Opt-in Plaintiffs for
conditional certification of a collective action, court-authorized
notice pursuant to section 216(b) of the FLSA, and an order
directing Defendants to produce contact information for potential
opt-in plaintiffs.
The Court entered an order that:
-- By Nov. 22, 2024, the Plaintiff and Opt-in Plaintiffs must
revise
their proposed notice and consent form to comply with this
Order
and must submit the revised version this Court for approval;
-- Within 21 days of the date of this Order, the Defendants shall
provide contact information for members of the conditional
collective action as defined in this Order;
-- The parties shall file a joint status letter within 90 days of
this Order. Once the Court approves the modified notice and
consent, the Plaintiffs' counsel may arrange to have it
disseminated, in any relevant language, via mail, and via email and
text messages, to all conditional collective action.
The Plaintiff Andujar and Opt-in Plaintiffs Silvio Bernabel, Angel
Lugo, and Juan D. Jimenez bring this action under the Fair Labor
Standards Act ("FLSA"), and the New York Labor Law ("NYLL") against
the Defendants.
The Plaintiff Andujar "worked for the Defendants as a
superintendent" at one such building "from approximately October
2004 through on or Aug. 1, 2022."
Skyc Management owns and operates a large number of buildings in
New York City (the "Greisman Buildings").
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yNXamY at no extra
charge.[CC]
SMARTDRIVE SYSTEMS: Chattic Class Suit Removed to S.D. Ill.
-----------------------------------------------------------
The case styled LINWOOD CHATTIC, et al., individually and on behalf
of all others similarly situated v. SMARTDRIVE SYSTEMS, INC., Case
No. 2024LA001154, was removed from the Third Judicial Circuit
Madison County, Illinois, to the U.S. District Court for the
Southern District of Illinois on October 7, 2024.
The Clerk of Court for the Southern District of Illinois assigned
Case No. 3:24-cv-02294-SMY to the proceeding.
The Plaintiffs bring personal injury claims against the Defendant.
SmartDrive Systems, Inc. is a driver safety and transportation
intelligence company, headquartered in California. [BN]
The Defendant is represented by:
Megan Elizabeth Ryan, Esq.
Timothy A. Hudson, Esq.
TABET DIVITO & ROTHSTEIN LLC
209 S. LaSalle Street, 7th Floor
Chicago, IL 60604
Telephone: (312) 762-9459
Facsimile: (312) 762-9451
Email: mryan@tdrlawfirm.com
thudson@tdrlawfirm.com
SNAPFISH LLC: Elyashiv Files TCPA Suit in S.D. Florida
------------------------------------------------------
A class action lawsuit has been filed against Snapfish LLC. The
case is styled as Joshua Elyashiv, individually and on behalf of
all others similarly situated v. Snapfish LLC, Case No.
0:24-cv-62179-BB (S.D. Fla., Nov. 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Snapfish, LLC -- https://www.snapfish.com/home -- provides photo
sharing and storage services.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
Jibrael Jarallah Said Hindi, Esq.
Zane Charles Hedaya, Esq.
Faaris Kamal Uddin, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
jibrael@jibraellaw.com
zane@jibraellaw.com
faaris@jibraellaw.com
SPRING FERTILITY: Cantu Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against SPRING FERTILITY
MANAGEMENT, LLC, et al. The case is styled as Isella Cantu, as an
individual on behalf of herself, and all persons similarly situated
v. SPRING FERTILITY MANAGEMENT, LLC, SPRING FERTILITY HOLDINGS,
LLC, SPRING FERTILITY MANAGEMENT OAKLAND, LLC, SPRING FERTILITY
MANAGEMENT SILICON VALLEY LLC, SPRING FERTILITY MASTER MSO LLC,
CHAU DANG, PETER KLATSKY, KIMBERLY KWOK, TANYA LY, NAM D. TRAN, as
individuals, DOES 1 TO 10 INCLUSIVE, Case No. CGC24619940 (Cal.
Super. Ct., San Francisco Cty., Nov. 20, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Spring Fertility -- https://springfertility.com/ -- is a medical
facility that offers patient-centric, individualized, flexible, and
compassionate care.[BN]
The Plaintiff is represented by:
Alicja A. Urtnowski, Esq.
CONSUMER AND EMPLOYMENT LAWYERS
3258 Fourth Avenue
San Diego, CA 92103
Phone: 619-239-1321
Email: aurtnowski@celg.org
STATE FARM MUTUAL: Bordiuk Suit Removed to D. Montana
-----------------------------------------------------
The case styled as Lucia Bordiuk, on behalf of herself and other
heirs and survivors of Anne C.Vigil and as her heir determinate of
the Estate of Anne C. Vigil on behalf of her Estate v. STATE FARM
MUTUAL AUTOMOBILE INSURANCE COMPANY, Case No. DV-16-2024-927-BC was
removed from the Montana Eighteenth Judicial District Court,
Gallatin
County, to the United States District Court for the District of
Montana on Sept. 30, 2024, and assigned Case No.
2:24-cv-00107-JTJ.
The Plaintiff filed a Complaint for Damages, Declaratory Relief,
and Interpleader, and Request for Jury Trial ("Complaint") against
State Farm.[BN]
The Defendants are represented by:
Randall J. Colbert
Luc L. Brodhead
GARLINGTON, LOHN & ROBINSON, PLLP
350 Ryman Street, P.O. Box 7909
Missoula, MT 59807-7909
Phone (406) 523-2500
Fax (406) 523-2595
Email: rjcolbert@garlington.com
llbrodhead@garlington.com
STEVEN PAUL: Seeks Reconsideration of Nov. 7, 2024 Order
--------------------------------------------------------
In the class action lawsuit captioned as HARVEST AID, LLC, a
California limited liability company, v. STEVEN PAUL, an
individual, ECHO BRIDGE ACQUISITION CORP., LLC, a Delaware limited
liability company, and SP RELEASING, LLC, a California limited
liability company, Case No. 2:21-cv-04154-SSS-KS (C.D. Cal.), the
Defendants, on Dec. 19, 2024, will move this Court to reconsider
its Nov. 7, 2024 Order denying Defendants' respective motions for
new trial.
This Motion is made pursuant to F.R.C.P. 59 and Central District of
California Local Rule 7-18 and is brought on the grounds that
reconsideration is appropriate because the Court's Order on the
Defendants' respective Motions for New Trial demonstrates a
manifest failure to consider material facts presented by Defendants
to the Court before the entry of the Court's Order.
The Defendants have clearly established a proper basis for
reconsideration of the Court's Order denying Defendants' Motions
for New Trial in that the recitation of facts in the Court's Order
demonstrates a manifest failure to consider material facts
presented to the Court before the Court's Order and corresponding
error.
A copy of the Defendants' motion dated Nov. 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=TSqubO at no extra
charge.[CC]
The Defendants are represented by:
A. Raymond Hamrick, III, Esq.
Charles M. Coate, Esq.
Jonathan Dutton, Esq.
HAMRICK & EVANS, LLP
2600 West Olive Avenue, Suite 1020
Burbank, CA 91505
Telephone: (818) 763-5292
Facsimile: (818) 763-2308
E-mail: aray@hamricklaw.com
ccoate@hamricklaw.com
jdutton@hamricklaw.com
STURM & RUGER: Parties Must File Status Report in Jones by Dec. 6
-----------------------------------------------------------------
In the class action lawsuit captioned as Jones v. Sturm, Ruger &
Co., Inc., Case No. 3:22-cv-01233 (D. Conn., Filed Oct. 04, 2022),
the Hon. Judge Kari A. Dooley entered an order:
-- The parties shall file a status report by Dec. 6, 2024 , as to
the
status of their settlement efforts.
-- As settlement negotiations continue, the parties should remain
mindful of the approaching class certification deadlines in the
ECF 97 Order.
The nature of suit states Torts -- Personal Property -- Other
Personal Property Damage.
Sturm manufactures rugged, reliable firearms for the commercial
sporting market.[CC]
SUNNOVA ENERGY: Martinez Suit Removed to C.D. California
--------------------------------------------------------
The case styled as Jose Martinez, individually and on behalf of
others similarly situated v. SUNNOVA ENERGY CORP., a corporation;
and DOES 1 through 10, inclusive, Case No. 24STCV28059 was removed
from the Superior Court of Los Angeles, to the United States
District Court for the Central District of California on Nov. 18,
2024, and assigned Case No. 2:24-cv-09960.
The Complaint explicitly alleges broad, systematic, and Code
universal violations of the California Labor during the time that
Plaintiff was employed for approximately three years, between
January 2020 and September 2023. The Complaint provides no
specifics narrowing these allegations.[BN]
The Defendants are represented by:
Christopher J. Rillo, Esq.
Alison Karol Sigurdsson, Esq.
Raerani Reddy, Esq.
BAKER BOTTS L.L.P.
101 California Street, Suite 3200
San Francisco, CA 94111
Phone: (415) 291-6200
Facsimile: (415) 291-6300
Emil: christopher.rillo@bakerbotts.com
alison.sigurdsson@bakerbotts.com
rani.reddy@bakerbotts.com
- and -
Kevin Sadler, Esq.
Catherine Scott, Esq.
BAKER BOTTS L.L.P.
1001 Page Mill Road, Suite 200
Palo Alto, CA 94304
Phone: (650) 739-7500
Facsimile: (650) 739-7699
Emaik: kevin.sadler@bakerbotts.com
catherine.scott@bakerbotts.com
SUNRISE METAL: Nolasco Sues Over Unpaid Overtime Wages
------------------------------------------------------
Felix Saul Guevara Nolasco and Luis Fernando Trujillo Lopez,
individually and on behalf of all others similarly situated v.
SUNRISE METAL INC., J.A.G AIR CONDITIONER CORP. and JAG MECHANICAL
SERVICE LLC, and JOSE CARVAJAL, as an individual, Case No.
2:24-cv-08057 (E.D.N.Y., Nov. 20, 2024), is brought to recover
damages for the Defendants' egregious violations of state and
federal wage and hour laws, the Fair Labor Standards Act and the
New York Labor Laws arising out of the Defendants failure to pay
overtime wages.
The Plaintiff regularly worked 6 days per week from May 2021 until
October 2022; and 5 days per week from November 2022 until May
2024. Thus, Plaintiff was regularly required to work approximately
48 hours per week from in or around May 2021 until in or around
October 2022 and 40 hours per week from in November 2022 until May
2024. Although Plaintiff worked approximately 48 hours per week,
from May 2021 until October 2022, Defendants did not pay Plaintiff
time and a half for hours worked over 40, a blatant violation of
the overtime provisions contained in the FLSA and NYLL, says the
complaint.
The Plaintiff was employed by the Defendants.
SUNRISE METAL INC., is a New York domestic business corporation
organized under the laws of New York.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Phone: 718-263-9591
SUSQUEHANNA UNIVERSITY: Gladfelter Seeks Initial OK of Settlement
-----------------------------------------------------------------
In the class action lawsuit captioned as DAVID GLADFELTER, on
behalf of himself and all others similarly situated, v. SUSQUEHANNA
UNIVERSITY, Case No. 4:24-cv-00382-MWB (M.D. Pa.), the Plaintiff
asks the Court to enter an order under Federal Rule of Civil
Procedure 23:
(1) Preliminarily approving the proposed Settlement on behalf of
the Settlement Class Members according to the terms of the
Settlement Agreement;
(2) Provisionally certifying, for purposes of the Settlement
only,
the following Settlement Class:
"All enrolled students at Susquehanna during the Spring 2020
semester who paid any Tuition and/or Fees, or who were
credited
with having paid the same and who were registered for at
least
one in-person class at the beginning of the Spring 2020
semester."
(3) Preliminarily appointing Named Plaintiff David Gladfelter as
Settlement Class Representative;
(4) Preliminarily appointing Nicholas A. Colella and Patrick D.
Donathen of Lynch Carpenter, LLP, and Michael A. Tompkins
and
Anthony M. Alesandro of Leeds Brown Law, P.C. as Class
Counsel
to act on behalf of the Settlement Class and the Settlement
Class Representative with respect to the Settlement;
(5) Approving the Parties' proposed settlement procedure,
including
approving the Parties' selection of RG2 Claims
Administration
LLC as Settlement Administrator and approving the Parties'
proposed schedule;
(6) Entering the proposed Order Preliminarily Approving the
Proposed Settlement and Provisionally Certifying the
Proposed
Settlement Class, attached as Exhibit A to the Settlement
Agreement, which is attached as Exhibit 1 to the Declaration
of
Nicholas A. Colella; and
(7) Granting such other and further relief as may be just and
appropriate. Oral argument is requested to the extent
desired
by the Court
Susquehanna University is a private liberal arts college in
Selinsgrove, Pennsylvania.
A copy of the Plaintiff's motion dated Nov. 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rO8zJ0 at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
Patrick D. Donathen, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: NickC@lcllp.com
patrick@lcllp.com
- and
Michael Tompkins, Esq.
Anthony M. Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
SUSQUEHANNA UNIVERSITY: Settles Pandemic Class Suit for $675,000
----------------------------------------------------------------
John Beauge, writing for PennLive, reports that Susquehanna
University has agreed to settle for $675,000 a class-action lawsuit
over it closing campus and moving to remote instruction in the 2020
spring semester during the COVID-19 pandemic.
Notice of the proposed settlement filed Thursday, November 21, in
U.S. Middle District Court includes the notation the university
denies liability but supports preliminary approval of the suit.
Susquehanna was one of college and universities sued by students
who claimed they should have received a pro rata refund of their
tuition and fees since they did not have the benefit of in-person
instruction and the use of campus facilities.
Approximately 2,150 students will be notified they have the option
of participating in the settlement.
Judge Matthew W. Brann will not be in a position to approve the
settlement until after notification has occurred and an approval
hearing held.
Those who opt to participate in the settlement will share in the
$675,000 that will be reduced by court-approved attorney fees,
litigation costs and expenses for the settlement administrator.
The administrator will pay all legally mandated taxes prior to
distributing the payments.
The attorneys have agreed not to seek for their fees more than a
third of the $675,000.
The suit was brought by David Gladfelter identified in the
complaint as a Pennsylvania resident who was enrolled at
Susquehanna for the 2020 spring semester.
There has been no court activity in that case since notice of the
settlement was filed.
Penn State has agreed to settle for $17 million a suit that also
sought a refund due to the loss of in-person instruction.
Approximately 72,000 former students would share in the $17 million
that would be reduced by taxes and legal fees. [GN]
SWEDISH MATCH: Neumark Sues Over Sherman Act Violation
------------------------------------------------------
Allen Neumark, on behalf of himself and all others similarly
situated v. SWEDISH MATCH NORTH AMERICA LLC, Case No. 3:24-cv-00821
(E.D. Va., Nov. 18, 2024), is brought against Defendant Swedish
Match due to Defendant's unlawful acquisition of a monopoly in the
Relevant Market through their anticompetitive agreement with
Phillip Morris for violations of the Sherman Act ("Sherman Act"),
the Clayton Act ("Clayton Act"), the state antitrust laws, as well
as the doctrine of unjust enrichment, and seek actual damages,
treble damages, a declaratory judgment, injunctive relief,
disgorgement of profit into a constructive trust, reasonable costs
and attorneys' fees, pre- and post-judgment interest, and any
relief that this Court deems just and proper.
Unnamed Co-Conspirator Phillip Morris, one of the companies known
to comprise "Big Tobacco," produces Marlboro and other similar
products (as well as smokeless alternatives). One such smokeless
alternative product is called "Zyn," which is the subject of this
Action. Zyn is marketed, manufactured and/or sold by Phillip
Morris' affiliate or subsidiary Defendant Swedish Match. The rise
of Zyn in the United States is best marked by Zyn's massive market
share, which is estimated to be at least 80% of the market for MON
products within the domestic United States ("Relevant Market").
The rapid ascent of Zyn, however, is not due to business acumen or
the natural progression of being a first-mover within the Relevant
Market. Zyn gained its monopoly power through a series of two
anticompetitive acts, which allowed it to acquire and insulate the
highly profitable monopoly that Defendant created. These
anticompetitive acts, as part of an overarching conspiracy to gain
monopoly power in the Relevant Market, both individually and
collectively violate the federal and state antitrust laws, says the
complaint.
The Plaintiff has used and continues to use Zyn products which are
purchased at retail.
Swedish Match is a limited liability company organized and existing
under the laws of Delaware.[BN]
Lee A. Floyd, Esq.
BREIT BINIAZAN, PC
2100 East Cary Street, Suite 310
Richmond, VA 23223
Phone: (804) 351-9040
Facsimile: (804) 351-9170
Email: Lee@bbtrial.com
- and -
Jeffrey K. Brown, Esq.
Blake Hunter Yagman, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite #347
Carle Place, NY 11514
Phone: (516) 873-9550
Email: jbrown@leedsbrownlaw.com
byagman@leedsbrownlaw.com
- and -
James L. Ferraro, Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, Suite 3800
Miami, FL 33131
Phone: (305) 375-0111
Email: jferraro@ferrarolaw.com
- and -
Jason R. Sultzer, Esq.
SULTZER & LIPARI, PLLC
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12061
Phone: (845) 483-7100
Facsimile: (888)749-7747
Email: sultzerj@thesultzerlawgroup.com
TAILORED SHARED: Appeals Remand Order in Marshall Suit to 9th Cir.
------------------------------------------------------------------
TAILORED SHARED SERVICES, LLC, et al. are taking an appeal from a
court order granting plaintiff's motion to remand the lawsuit
entitled Melissa Marshall, individually and on behalf of all others
similarly situated, Plaintiff, v. Tailored Shared Services, LLC, et
al., Defendants, Case No. 2:24-cv-03446-ODW-MRW, from the U.S.
District Court for the Central District of California to the
Superior Court for the State of California, County of Los Angeles.
As previously reported in the Class Action Reporter, this lawsuit,
which was removed from the Superior Court for the State of
California, County of Los Angeles, to the U.S. District Court for
the Central District of California, is brought against the
Defendants for alleged labor law violation.
On May 28, 2024, the Plaintiff filed a motion to remand the case to
Los Angeles Superior Court.
On May 31, 2024, the Defendants filed a motion to compel
arbitration.
On Nov. 6, 2024, Judge Otis D. Wright, II granted the Plaintiff's
motion to remand. The case was remanded to the Superior Court of
California for the County of Los Angeles. Consequently, the
Defendants' motion to compel arbitration was denied as moot.
The appellate case is captioned Marshall v. Tailored Shared
Services, LLC, et al., Case No. 24-6950, in the United States Court
of Appeals for the Ninth Circuit, filed on November 15, 2024. [BN]
Plaintiff-Respondent MELISSA MARSHALL, individually and on behalf
of all others similarly situated, is represented by:
Arash Sadat, Esq.
MILLS SADAT DOWLAT LLP
333 South Hope Street, 40th Floor
Los Angeles, CA 90071
Defendants-Petitioners TAILORED SHARED SERVICES, LLC, et al. are
represented by:
Cory D. Catignani, Esq.
VORYS SATER SEYMOUR & PEASE, LLP
4675 MacArthur Court, Suite 700
Newport Beach, CA 92660
TAKARA SAKE: Tunick's Bid for Class Cert. Extended to Dec. 20
-------------------------------------------------------------
In the class action lawsuit captioned as COLBY TUNICK, individually
and on behalf of all others similarly situated, v. TAKARA SAKE USA
INC., Case No. 3:23-cv-00572-TSH (N. D. Cal.), the Hon. Judge
Thomas Hixson entered an order approving stipulation pursuant to
Civil Local Rule 6-1 that the deadline for the Defendant to respond
to Plaintiff Colby Tunick's Motion for Class Certification be
extended to Dec. 20, 2024 and that Plaintiff's deadline for filing
its reply be extended to Jan. 17, 2025.
-- The current deadline for Takara Sake's response is Dec. 12,
2024,
and Plaintiff's Reply is Jan. 9, 2025.
-- The hearing on Plaintiff's Motion for Class Certification is
currently set for March 6, 2025.
Takara specializes in producing sake, as well as plum, mirin,
shochu, and JPOP.
A copy of the Court's order dated Nov. 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=wp2Y40 at no extra
charge.[CC]
The Defendant is represented by:
Joseph A. Meckes, Esq.
Noriyuki Shimoda, Esq.
Marisol C. Mork, Esq.
Chassica Soo, Esq.
Hiroyuki Yagihashi, Esq.
SQUIRE PATTON BOGGS (US) LLP
555 California Street, Suite 550
San Francisco, CA 94104
Telephone: (415) 954-0200
Facsimile: (415) 393-9887
E-mail: joseph.meckes@squirepb.com
noriyuki.shimoda@squirepb.com
marisol.mork@squirepb.com
chassica.soo@squirepb.com
hiroyuki.yagihashi@squirepb.com
TAPESTRY INC: Riley Seeks Equal Website Access for the Blind
------------------------------------------------------------
AMANIE RILEY, on behalf of herself and all others similarly
situated, Plaintiff v. Tapestry, Inc., Defendant, Case No.
1:24-cv-08826 (S.D.N.Y., November 20, 2024) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate their website,
https://www.stuartweitzman.com/, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
On October 30, 2024, the Plaintiff was searching online for a store
that sells women's shoes. Specifically, she wanted to find lace-up
boots on a stable outsole that are now on trend and can be a
versatile item for multiple outfit pairings. While reviewing the
search results, she discovered the Defendant's website.
However, as she navigated the website, she encountered numerous
accessibility issues, among them an inaccessible navigation menu
and a search input that did not announce the search suggestions or
results. On the product page for the "Soho Knee-High Boot," which
she chose, the Plaintiff encountered size selection buttons that
did not indicate whether they were selected or which size options
were out of stock, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's policies, practices, and procedures so that its 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.
Tapestry, Inc. operates the website that sells boots, flats,
loafers, heels, sandals, sneakers, and handbags.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.,
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
TARGET CORP: Judge Denies Motion to Dismiss BIPA Class Action Suit
------------------------------------------------------------------
Mike Snider, writing for USA Today, reports that the lawsuit
alleging Target illegally collected biometric data can move
forward, judge says.
Key Points:
-- The lawsuit claims Target violated Illinois' Biometric
Information Privacy Act by gathering facial geometry scans without
consent.
-- Target argued the lawsuit should be dismissed because it
relied on news reports, but the judge found the plaintiffs'
reasoning legitimate.
-- Target has until December 13 to respond to the complaint.
A federal judge has denied Target's request to dismiss a lawsuit
accusing the retailer of illegally collecting customers' biometric
data.
The class-action suit, filed in May in federal court in Illinois,
charges Target with capturing and storing consumers' biometric
data, including "scans of their facial geometry," without informing
them in writing or obtaining consent as required by the Biometric
Information Privacy Act (BIPA), passed in Illinois in 2008.
The lawsuit -- filed by four Illinois women who shop at Target on
behalf of Illinois shoppers -- notes that Target has installed
cameras to monitor stores for shoplifting and uses facial
recognition software. The women say neither they nor consumers have
been told how data, including their likeness, is used or how long
it is stored -- something they say is required by the Illinois
law.
Target had asked that the lawsuit be dismissed because the women's
claims were not based on their own factual knowledge but on news
reports, including a 2018 CBS Evening News story on Target's
National Investigation Center, located just north of Minneapolis,
where investigators can see video from all Target stores.
One of the women alleges in the suit that a Target loss prevention
employee followed her while she walked through a store and that a
Target asset protection operations manager viewed her LinkedIn
profile shortly after she entered the store.
More about judge's order allowing lawsuit
In his order allowing the lawsuit to proceed on Thursday, November
21, District Judge Jeremy Daniel said that the "allegations present
a story that holds together."
"This is not a case where the complaint 'offers no basis for the
allegation that (the defendant) disclosed (the plaintiff's)
biometric data'; rather, it is one where the plaintiffs' supply a
legitimate reason why they believe Target violated BIPA, which is
sufficient to survive the motion to dismiss," he said.
Target has until Dec. 13. to answer the complaint. USA TODAY has
reached out to Target for comment.
A similar suit, filed in March, in Cook County Circuit Court in
Illinois, was voluntarily dismissed in May. [GN]
TESLA INC: Faces Class Action Suit Over Phantom Braking Defect
--------------------------------------------------------------
Law Commentary reports that Tesla Inc. failed to dismiss a proposed
class action lawsuit accusing it of concealing a defect in its
vehicles' braking systems that allegedly causes them to stop
automatically without a collision risk, according to a ruling by
U.S. District Judge Georgia Alexakis in Chicago on Friday, November
22.
While the judge dismissed some claims, including allegations that
Tesla's insurance arm charged consumers inflated premiums due to
the defect, she allowed the core claim to proceed.
The lawsuit, filed by two consumers from Illinois and Ohio in 2023,
accuses Tesla of failing to warn potential buyers about an alleged
defect in its forward collision monitoring system. The defect
purportedly triggers false crash warnings and automatic braking
even when there is no real danger.
The plaintiffs claim Tesla was aware of the issue as early as 2015
but did not disclose it to buyers, leading consumers to rely on
incomplete or misleading information when purchasing Tesla
vehicles.
Tesla denied prior knowledge of the alleged defect before one of
the plaintiffs purchased his vehicle in early 2021. The company
also argued that plaintiffs failed to identify specific instances
where Tesla intentionally misled buyers.
However, Judge Alexakis ruled that the plaintiffs had sufficiently
linked Tesla’s alleged omission of safety information on its
website to consumers’ reliance on that information during their
purchase decisions.
The court dismissed claims related to inflated insurance premiums
offered through Tesla’s insurance program, stating the plaintiffs
had not yet provided enough evidence to support the allegation.
Alexakis allowed the plaintiffs to amend their complaint to attempt
to revive those claims.
The lawsuit, which seeks class-action status, could have
significant implications for Tesla if more buyers come forward with
similar allegations. The proposed class action could cover a wide
range of consumers who purchased Tesla vehicles equipped with the
forward collision monitoring system.
Neither Tesla nor the plaintiffs' attorneys have commented on the
ruling.
Tesla’s braking systems have previously drawn scrutiny from
regulators. In 2022, the National Highway Traffic Safety
Administration (NHTSA) launched an investigation into more than
750,000 Tesla vehicles over reports of "phantom braking." [GN]
TICKETMASTER LLC: Overcharges Ticket Buyers, Hogan Suit Claims
--------------------------------------------------------------
MELANIE HOGAN, individually and on behalf of all others similarly
situated, Plaintiff v. TICKETMASTER LLC, Defendant, Case No.
2:24-cv-10098 (C.D. Cal., November 21, 2024) is a class action
against the Defendant for violations of the Illinois Ticket Sale
and Resale Act.
The case arises from the Defendant's alleged practice of unlawfully
selling tickets to entertainment events in Illinois at above face
value prices. According to the complaint, the Defendant cannot
charge its Illinois consumers any price beyond the face value of
the tickets because it failed to hire an independent and
disinterested third-party dispute resolution provider as required
by law. The Plaintiff and similarly situated ticket purchasers in
Illinois sustained damages as a result of the Defendant's wrongful
conduct, says the suit.
Ticketmaster LLC is a ticketing company, with its principal place
of business in Hollywood, California. [BN]
The Plaintiff is represented by:
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: sbogdanovich@bursor.com
- and -
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
Email: pfraietta@bursor.com
TIMOTHY WARD: Court Adopts Magistrate Judge's Endorsement
----------------------------------------------------------
In the class action lawsuit captioned as JOHN M. FOSTER, v. Comm'r
TIMOTHY WARD, et al., Case No. 5:23-cv-00143-TES-CHW (M.D. Ga), the
Hon. Judge Tilman Self, III entered an order adopting the United
States Magistrate Judge's recommendation:
-- Upon reviewing Plaintiff's Objections, however, it is clear
that
Plaintiff is challenging Judge Weigle's earlier Order, not the
most recent Recommendation.
-- Therefore, as to the Recommendation, the Court finds no clear
enumeration of error and agrees with the findings and
conclusions
of the United States Magistrate Judge.
-- To the extent Plaintiff challenges Judge Weigle's earlier
Order,
Judge Weigle clearly acted within his statutorily granted
authority in deciding a nondispositive motion, so the Court may
only disturb Judge Weigle's ruling when it is "shown that the
magistrate judge's order is clearly erroneous or contrary to
law."
A copy of the Court's order dated Nov. 18, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8NH9YR at no extra
charge.[CC]
TOTAL RELOCATION: Jackson Class Cert Bid Partly OK'd
----------------------------------------------------
In the class action lawsuit captioned as MICHAEL L. JACKSON, on
behalf of himself and all others similarly situated, v. TOTAL
RELOCATION SERVICES, LLC, FRIENDLY FIELD TECHNICIANS, LLC,
CHRISTOPHER MARZO, and SUZANNE NOORMAN, Case No. 1:23-cv-04118-KPF
(S.D.N.Y.), the Hon. Judge Katherine Polk Failla entered an order
granting in part and denying in part Plaintiff's motion:
-- In particular, the Court conditionally certifies a collective
including all current and former persons who did work for
Defendants (whether as employees or independent contractors) as
non-exempt IT Hardware Technicians and worked in the State of
New
York from May 17, 2020, to the present.
-- The Clerk of Court is directed to terminate the motion pending
at
docket entry 33. The parties are ordered to meet and confer
regarding the language of the proposed notices.
-- The Plaintiff shall file the revised proposed notices within 14
days from the date of this Opinion. If Defendants still have
objections, they may file objections within seven days from the
date of the Plaintiff's submission.
-- The Defendants are ordered to provide the Plaintiff, in a
computer-readable format, with the names, titles, compensation
rates, last known mailing addresses, telephone numbers, e-mail
addresses, and dates of employment for employees within the
putative class within 14 days of the date of this Opinion.
Although Plaintiff certainly could have provided more detail, the
question is whether he has provided sufficient detail, and the
Court finds that he has. Accordingly, the Court will not deny
conditional certification on this basis.
The Plaintiff alleges that the Defendants failed to pay him
overtime wages, failed to pay him on time, failed to pay him for
all hours worked, failed to furnish wage statements to him, and
retaliated against him, in violation of the Fair Labor Standards
Act ("FLSA"), and certain provisions of the New York Labor Law
("NYLL").
Total Relocation is a full service, green friendly move management
firm, specializing in a diverse network of relocation services.
A copy of the Court's order dated Nov. 21, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=c2idyW at no extra
charge.[CC]
TOYOTA MOTOR: Class Settlement in Murphy Lawsuit Gets Approval
--------------------------------------------------------------
In the class action lawsuit captioned as JULIET MURPHY, et al., v.
TOYOTA MOTOR CORPORATION, et al., Case No. 4:21-cv-00178-ALM (E.D.
Tex.), the Hon. Judge Amos Mazzant entered an order approving class
action settlement and certifying settlement class:
-- Based on the record before the Court, including all
submissions
in support of the settlement set forth in the Settlement
Agreement, objections and responses thereto and all prior
proceedings in the Action, as well as the Settlement
Agreement
itself and its related documents and exhibits, the Court
confirms the certification of the following nationwide Class
(the "Class") for settlement purposes only:
"All individuals or legal entities who, at any time as of the
occurrence of the Initial Notice Date, own(ed), purchase(d),
or
lease(d) Subject Vehicles in any of the fifty States, the
District of Columbia, Puerto Rico and all other United States
territories and/or possessions."
Excluded from the Class are: (a) Toyota, its officers,
directors
and employees; (b) Plaintiffs' Counsel; (c) the Court and
associated court staff assigned to this case and their
immediate
family members.
In addition, persons or entities are not Class Members once
they
timely and properly exclude themselves from the Class, as
provided in this Settlement Agreement, and once the exclusion
request is finally approved by the Court.
Subject Vehicles are defined in the Settlement Agreement as
model year 2013-2018 Toyota RAV4 vehicles, which were
identified
as part of Recall 23V-734 submitted to NHTSA on Nov. 1, 2023.
-- The Court finds that only those individuals or legal entities
listed on Appendix A to this Final Order have timely and
properly excluded themselves from the Class and, therefore,
are
not bound by this Final Order or the accompanying Final
Judgment.
-- The Court confirms the appointment of the following persons
as
Class Representatives: Juliet Murphy, Penni Lavoot, Ranay
Flowers, Paola Guevara, James Charles, Angela Charles, Lee
Krukowski, Jennifer Cardelli, Pamela Woodman, Kris Huchteman,
Melissa Willis, Maria Mora, and Nicole Sylva.
-- The Court confirms the appointment of the following persons
and
entities as Class Counsel: Kimberly A. Justice of Freed
Kanner
London & Millen LLC; David C. Wright and Todd A. Walburg of
McCune Law Group APC; and Bruce W. Steckler of Steckler Wayne
Cherry & Love PLLC.
Toyota is a Japanese multinational automotive manufacturer.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gIpkUU at no extra
charge.[CC]
TRANSAMERICA LIFE: Parties Seek Class Cert Deadlines Extension
--------------------------------------------------------------
In the class action lawsuit captioned as LAWRENCE HANDORF, BOAGF
HOLDCO LP, and PHT HOLDING II LP, on behalf of themselves and all
others similarly situated, v. TRANSAMERICA LIFE INSURANCE COMPANY,
Case No. 1:23-cv-00032-CJW-MAR (N.D. Iowa), the Parties ask the
Court to enter an order extending the class certification and class
certification expert report deadlines, extending the class
certification motion, resistance, and reply page limitations,
extending the time period to file a resistance to TLIC's
dispositive motion and TLIC's time to file a reply in support of
its dispositive motion and extending the page limitations on the
TLIC dispositive motion, resistance, and reply, and for further
relief the Court deems just.
A nine-day extension of the class certification briefing deadlines
and the class certification expert report deadlines in the Court's
June 21, 2024 Scheduling Order, as detailed in the following
table:
Event Existing Proposed
Deadline Deadline
Plaintiffs' class certification Dec. 9, 2024 Dec. 18,
2024
expert reports and motion for
class certification:
Defendant's class certification Jan. 13, 2025 Jan. 22,
2025
expert reports and resistance to
class certification:
Plaintiffs' rebuttal class Feb. 10, 2025 Feb. 19,
2025
certification expert reports and
reply in support of class
certification:
Completion of fact discovery: Feb. 14, 2025 No change
Plaintiffs' merits expert reports: Feb. 25, 2025 No change
Defendants' merits expert reports: March 24, 2025 No change
Plaintiffs' merits rebuttal April 21, 2025 No change
expert reports:
Completion of expert discovery: May 19, 2025 No change
Dispositive motions: June 2, 2025 No change
Trial ready date: Jan. 6, 2026 No change
Final Pretrial Conference: Jan. 8, 2026 No change
Trial: Jan. 20, 2026 No change
Transamerica offers life, health, and dental insurance.
A copy of the Parties' motion dated Nov. 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=2uV8SC at no extra
charge.[CC]
The Plaintiffs are represented by:
Steven G. Sklaver, Esq.
Glenn Charles Bridgman, Esq.
Michael Gervais, Esq.
Rohit D. Nath, Esq.
Kim C. Page, Esq.
Jordan Rux, Esq.
Ryan C. Kirkpatrick, Esq.
Seth Ard, Esq.
SUSMAN GODFREY LLP
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Telephone (310) 789-3100
Facsimile (310) 789-3150
E-mail: ssklaver@susmangodfrey.com
gbridgman@susmangodfrey.com
mgervais@susmangodfrey.com
rnath@susmangodfrey.com
kpage@susmangodfrey.com
rkirkpatrick@susmangodfrey.com
sard@susmangodfrey.com
jrux@susmangodfrey.com
- and -
Peter Eugene Deegan, Jr., Esq.
TAFT STETTINIUS & HOLLISTER LLP
111 East Wacker Drive, Suite 2600
Chicago, IL 60601-3713
Telephone (312) 836-4052
E-mail: pdeegan@taftlaw.com
The Defendant is represented by:
Thomas F. A. Hetherington, Esq.
Jarrett E. Ganer, Esq.
Erin B. Taylor, Esq.
Hutson B. Smelley, Esq.
Micah A. Grodin, Esq.
Brianna Zook, Esq.
Matthew Digan, Esq.
MCDOWELL HETHERINGTON LLP
1001 Fannin Street, Suite 2400
Houston, TX 77002
Telephone: (713) 337-5580
Facsimile: (713) 337-8850
E-mail: tom.hetherington@mhllp.com
jarrett.ganer@mhllp.com
erin.taylor@mhllp.com
hutson.smelley@mhllp.com
micah.grodin@mhllp.com
brianna.zook@mhllp.com
matthew.digan@mhllp.com
- and -
Timothy J. Hill, Esq.
Theodore Appel, Esq.
BRADLEY & RILEY PC
2007 First Avenue SE
Cedar Rapids, Iowa 52406-2804
Telephone: (319) 363-0101
Facsimile: (319) 363-9824
E-mail: thill@bradleyriley.com
rfisher@bradleyriley.com
tappel@bradleyriley.com
TS SOLUTIONS: Culbertson Files TCPA Suit in M.D. Florida
--------------------------------------------------------
A class action lawsuit has been filed against TS Solutions Group,
LLC. The case is styled as Darrek Culbertson, Individually and on
behalf of others similarly situated v. TS Solutions Group, LLC,
Case No. 8:24-cv-02676 (D.N.J., Nov. 18, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
TS Solutions Group -- https://tssolutionsgroup.com/ -- is a leading
timeshare liquidation and cancellation company.[BN]
The Plaintiff is represented by:
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP APC
2221 Camino Del Rio S., Suite 101
San Diego, CA 92108
Phone: (800) 400-6808
Email: ryan@kazlg.com
TWITTER INC: Ma Bid for Class Certification Tossed
--------------------------------------------------
In the class action lawsuit captioned as FABIEN HO CHING MA, et
al., v. TWITTER, INC., et al., Case No. 4:23-cv-03301-JST (N.D.
Cal.), the Hon. Judge Jon Tigar entered an order denying motion for
class certification because Petitioners have failed to demonstrate
that they satisfy adequacy under Rule 23(a)(4).
Petitioners now seek certification of the following class:
"All former Twitter employees throughout the United States who
signed arbitration agreements with Twitter and who have filed
demands for arbitration with JAMS or AAA against Twitter, but
for
whom Twitter has refused to proceed with arbitrating their
claims."
They further seek certification of three sub-classes, based on the
different ways in which Petitioners contend Twitter refused to
proceed with arbitration: by refusing to pay fees as required by
JAMS and AAA; by refusing to produce signed copies of former
employees' arbitration agreements; and by refusing to proceed with
arbitration "because JAMS does not have an office and/or
arbitrators who are licensed to practice in their state."
Twitter was an American social media company.
A copy of the Court's order dated Nov. 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vRI2uy at no extra
charge.[CC]
TYSON FOODS: Court Extends Time to File Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as McBride v. Tyson Foods,
Inc., Case No. 1:24-cv-00117 (E.D. Mo., Filed May 10, 2024), the
Hon. Judge Stephen N. Limbaugh, Jr. entered an order granting
unopposed motion for extension of time to file motions for joinder
of additional parties, amendment of pleadings, conditional
certification, and class certification by Plaintiff Richard
McBride.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Tyson is an American multinational corporation based in Springdale,
Arkansas that operates in the food industry.[CC]
TYSON FOODS: McBride Seeks More Time for Class Certification Bid
----------------------------------------------------------------
In the class action lawsuit captioned as RICHARD MCBRIDE,
Individually and on Behalf of All Others Similarly Situated, v.
TYSON FOODS, INC. Case No. 1:24-cv-00117-SNLJ (E.D. Mo.), the
Plaintiff asks the Court to enter an order granting an unopposed
motion for extension of time to file motions for joinder of
additional parties, amendment of pleadings, conditional
certification, and class certification.
The Plaintiff McBride, individually and on behalf of all others
similarly situated, by and through undersigned counsel, requests
this Court to grant a 14 day extension of time, through and
including Dec. 6, 2024, to file any motions for joinder of
additional parties, amendment of pleadings, conditional
certification, or class certification. I
Accordingly, and as discussed and approved to by both Parties,
Plaintiff requests the following updated deadlines:
Motions for Joinder of Additional Parties: Dec. 6, 2024
Motions for Amendment of Pleadings: Dec. 6, 2024
Motions for Conditional Certification: Dec. 6, 2024
Motions for Class Certification: Dec. 6, 2024
Response Deadline to Motions: Jan. 13, 2025
Reply Deadline to Motions: Jan. 20, 2025
Tyson produces, distributes, and markets chicken, beef, pork,
prepared foods, and related allied products.
A copy of the Plaintiff's motion dated Nov. 19, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rPJhhr at no extra
charge.[CC]
The Plaintiff is represented by:
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
400 N. St. Paul Street, Suite 700
Dallas, TX 75201
Telephone: (214) 210-2100
E-mail: cqualls@foresterhaynie.com
UIPATH INC: Class Certification Bid in Severt Due Feb. 28, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Severt et al., v. UiPath,
Inc. et al. (In re UiPath, Inc. Securities Litigation), Case No.
1:23-cv-07908-DLC (S.D.N.Y.), the Hon. Judge Denise Cote entered a
pretrial scheduling order as follows:
-- The parties shall comply with their Rule 26(a)(1), Fed. R. Civ.
P., initial disclosure obligations by Dec. 13, 2024
-- Any request to extend the deadline for fact discovery must be
made
by Jan. 31, 2025
-- Motion for class certification:
Motion served by Feb. 28, 2025
Opposition served by April 29, 2025
Reply served by June 13, 2025
UiPath is a global software company that makes robotic process
automation software.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oYyLXV at no extra
charge.[CC]
UNITED AIRLINES: Class Cert. Bid Filing in Hughes Due April 7, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as DARRELL HUGHES and ROBIN
GOINGS, individually and on behalf of all others similarly
situated, v. UNITED AIRLINES, INC., Case No. 3:22-cv-08967-LB (N.D.
Cal.), the Hon. Judge Laurel Beeler entered an order setting
briefing schedule as follows:
1. Plaintiffs' class-certification motion filing date: April 7,
2025;
2. Defendant's opposition filing date: May 6, 2025; and
3. Plaintiffs' reply filing date: June 6, 2025.
United Airlines provides domestic and international airline
services.
A copy of the Court's order dated Nov. 19, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9eDEE4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Jonathan M. Lebe, Esq.
Melissa M.Kurata, Esq.
Brielle D. Edborg, Esq.
Cache Cummings, Esq.
LEBE LAW, APLC
777 S. Alameda Street, Second Floor
Los Angeles, CA 90021
Telephone: (213) 444-1973 E-mail:
Jon@lebelaw.com
Melissa@lebelaw.com
Brielle@lebelaw.com
Cache@lebelaw.com
The Defendant is represented by:
Donald J. Munro, Esq.
Amanda C. Sommerfeld, Esq.
Joshua C. Dutton, Esq.
JONES DAY
51 Louisiana Avenue, N.W.
Washington, DC 20001-2113
Telephone: (202) 879-3939
Facsimile: (202) 626-1700
4655 Executive Drive, Suite 1500
San Diego, CA 92121-3134
Telephone: (858) 314-1200
Facsimile: (844) 345-3178
E-mail: dmunro@jonesday.com
asommerfeld@jonesday.com
jdutton@jonesday.com
UNITED STATES: Cortez Files Placeholder Class Cert Bid
------------------------------------------------------
In the class action lawsuit captioned as DOUGLAS CORTEZ, on behalf
of himself and all others similarly situated, v. UNITED STATES OF
AMERICA, Case No. 2:24-cv-07532-AR (E.D.N.Y.), the Plaintiff file a
notice of placeholder motion for class certification and to hold
motion in abeyance.
-- Some courts have "observed" that in putative class actions like
this, "filing a prophylactic motion for class certification" at
the outset of the litigation is "the safest way" to avoid a
situation where class certification is indefinitely deferred by
offers of payment to each new named plaintiff who comes
forward.
-- Accordingly, out of an abundance of caution, Mr. Cortez files
this
"prophylactic" motion to preserve his ability to serve as class
representative and the putative class’s ability to seek the
systemic relief necessary to remedy a systemic harm.
-- Mr. Cortez further requests that this Court hold this
placeholder
motion in abeyance pending discovery and the filing of a fully
developed motion for class certification.
United States of America is a federal republic consisting of 50
states, a federal district five major territories, and various
minor islands.
A copy of the Plaintiff's motion dated Nov. 21, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BU68jC at no extra
charge.[CC]
The Plaintiff is represented by:
F. Franklin Amanat, Esq.
William H. Narwold, Esq.
Meghan S. B. Oliver, Esq.
Charlotte E. Loper, Esq.
Ranee Saunders, Esq.
MOTLEY RICE LLC
800 Third Avenue, Suite 2401
New York, NY 10022
Telephone: (212) 577-0052
E-mail: famanat@motleyrice.com
bnarwold@motleyrice.com
moliver@motleyrice.com
cloper@motleyrice.com
rsaunders@motleyrice.com
- and -
Deepak Gupta, Esq.
Jonathan E. Taylor, Esq.
Thomas Scott-Railton, Esq.
GUPTA WESSLER LLP
2001 K Street NW
North Tower, Suite 850
Washington, DC 20006
Telephone: (202) 888-1741
E-mail: deepak@guptawessler.com
jon@guptawessler.com
thomas@guptawessler.com
- and -
Peter L. Markowitz, Esq.
458 Hancock Street
Brooklyn, NY 11233
Telephone: (718) 877-8817
E-mail: markowitz.peter@gmail.com
- and -
Mauricio E. Noroña, Esq.
37-34 85th Street Apt. 1
Jackson Heights, NY 11372
Telephone: (347) 891-3548
E-mail: mauricioenorona@gmail.com
UNITED STATES: Sarmiento Amended Complaint Dismissed w/o Prejudice
-------------------------------------------------------------------
In the class action lawsuit captioned as TRICIA SARMIENTO,
individually and on behalf of all others similarly situated, v.
UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, and JULIA R. GORDON, in her official capacity as
Assistant Secretary for Housing and Federal Housing Commissioner of
the U.S. Department of Housing and Urban Development, Case No.
8:24-cv-00651-WFJ-AAS (M.D. Fla.), the Hon. Judge William Jung
entered an order granting Defendants' motion to dismiss Plaintiff's
amended complaint, and dismissing without prejudice Plaintiff's
amended complaint. If Plaintiff wishes, a second amended complaint
must be filed within twenty-one days.
In sum, an agency action subject to judicial review does not exist
here. Plaintiff has not been denied a refund, the sending of refund
applications is not a final and legally enforceable agency action,
and the Court cannot reform HUD’s entire MIP refund process.
Plaintiff's APA claim is dismissed.
Because HUD and Ms. Gordon are federal beings, not acting under
color of state law, Plaintiff's section 1983 claim against them is
readily dismissed.
The Plaintiff, individually and on behalf of a putative class,
brings this action against the United States Department of Housing
and Urban Development ("HUD") and Julia Gordon in her official
capacity as Federal Housing Commissioner. The complaint centers
around HUD's alleged failure to refund mortgage insurance premiums
("MIPs") to which some borrowers are entitled.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gl33Zp at no extra
charge.[CC]
UNITED STATES: Standing Order Entered in Vichare Class Action
--------------------------------------------------------------
In the class action lawsuit captioned as AMOL CHANDRAKANT VICHARE,
et al., v. UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, Case
No. 2:24-cv-09781-SPG-BFM (C.D. Cal.), the Hon. Judge Sherilyn
Peace Garnett entered a standing order for newly assigned civil
cases:
-- Pro Se Litigants
Only individuals may represent themselves. A corporation or
other
entity must be represented by counsel. If counsel seeks to
withdraw, counsel must advise the entity of the dire
consequences
of failing to obtain substitute counsel before seeking
withdrawal−i.e., a plaintiff entity's case will be dismissed
or a
defendant entity will default.
-- Service of the Complaint
The Plaintiff(s) shall promptly serve the Complaint in
accordance
with Fed. R. Civ. P. 4 and file the proofs of service pursuant
to
Fed R. Civ. P. 4(l). Any Defendant(s), including "DOE" or
fictitiously-named Defendant(s), not served within 90 days
after
the case is filed shall be dismissed pursuant to Fed. R. Civ.
P.
4(m) and by operation of this Order without further notice,
unless
plaintiff requests and justifies the need for additional time
in
the joint report and the Court grants an extension.
-- Magistrate Judge Referral for All Discovery Matters
All discovery matters are referred to the assigned United
States
Magistrate Judge. All documents relating to discovery matters
must
include the words "DISCOVERY MATTER" in the caption to ensure
proper routing. Counsel should not deliver chambers copies of
discovery matters. Counsel must follow the Magistrate Judge's
procedures for scheduling matters for hearing.
A copy of the Court's order dated Nov. 15, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GhrAsR at no extra
charge.[CC]
UNITEDHEALTH GROUP: Imperial Suit Transferred to D. Minnesota
-------------------------------------------------------------
The case styled as Imperial Health LLP, individually and on behalf
of all others similarly situated v. UnitedHealth Group Inc., Change
Healthcare, Inc., Optum Inc., Case No. 2:24-cv-01504 was
transferred from the U.S. District Court for the Western District
of Louisiana, to the U.S. District Court for the District of
Minnesota on Nov. 18, 2024.
The District Court Clerk assigned Case No. 0:24-cv-04217-DWF-DJF to
the proceeding.
The nature of suit is stated as Other Contract.
UnitedHealth Group Incorporated --
https://www.unitedhealthgroup.com/ -- is an American multinational
health insurance and services company based in Minnetonka,
Minnesota.[BN]
The Plaintiff is represented by:
Korey Arthur Nelson, Esq.
MURRAY LAW FIRM
Poydras Center
650 Poydras St., Suite 2150
New Orleans, LA 70130
Phone: (504) 525-8100
Email: knelson@murray-lawfirm.com
- and -
Amanda K. Klevorn, Esq.
Claire Bosarge Curwick, Esq.
Natalie Rose Earles, Esq.
BURNS CHAREST LLP
201 St. Charles Avenue, Ste 2900
New Orleans, LA 70170
Phone: (504) 799-2845
Fax: (504) 881-1765
Email: aklevorn@burnscharest.com
ccurwick@burnscharest.com
nearles@burnscharest.com
- and -
Derrick Glenn Earles, Esq.
LABORDE EARLES
1901 Kalist Saloom Rd.
Lafayette, LA 70508
Phone: (337) 261-2617
Email: digger@onmyside.com
UNIVERSAL SPORTING: Blind Users Can't Access Website, Harrell Says
------------------------------------------------------------------
ALFONSO HARRELL, on behalf of himself and all others similarly
situated, Plaintiff v. UNIVERSAL SPORTING GOODS, INC., Defendant,
Case No. 2:24-cv-10648 (D.N.J., November 21, 2024) is a class
action against the Defendant for violations of Title III of the
Americans with Disabilities Act.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://soccerzoneusa.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: inaccurate landmark structure, inaccurate heading
hierarchy, inadequate focus order, ambiguous link texts, changing
of content without advance warning, inaccurate alt-text on
graphics, inaccessible drop-down menus, the lack of navigation
links, the lack of adequate labeling of form fields, says the
suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Universal Sporting Goods, Inc. is a company that sells online goods
and services, doing business in New Jersey. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
Email: Uri@Horowitzlawpllc.com
V12 SOFTWARE: Class Cert Bid Filing in Claxton Due August 8, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as KERRY CLAXTON and KEVIN
SINITSKI, and alleged Class, v. V12 SOFTWARE INC., Case No.
5:24-cv-01892-NC (N.D. Cal.), the Hon. Judge Nathanael Cousins
entered a case management order as follows:
-- Initial disclosures FRCP 26(a)(1) by: Dec. 6, 2024
-- File proposed protective order for Jan. 17, 2025
discovery, if one is desired:
-- File proposed ESI protocol, if one Jan. 17, 2025
is desired by:
-- Deadline to amend pleadings or add Jan. 31, 2025
parties without leave of Court:
-- Fact discovery deadline: Dec. 2, 2025
-- Opening expert reports to be used June 3, 2025
for class certification:
-- Rebuttal expert reports to be used July 1, 2025
for class certification:
-- Expert discovery deadline to be July 24, 2025
used for class certification:
-- Deadline to file motion for certification: Aug. 8, 2025
-- Deadline to file Motions for Summary Jan. 23, 2026
Judgment:
V12Software is a 360-Degree Digital Marketing Automation Platform
specifically designed for the automotive industry.
A copy of the Court's order dated Nov. 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4AKNH6 at no extra
charge.[CC]
VISA INC: Fletcher Sues Over Anticompetitive Conduct
----------------------------------------------------
Dianne Fletcher, individually and on behalf of all others similarly
situated v. VISA, INC., Case No. 4:24-cv-00752-FJG (W.D. Mo., Nov.
20, 2024), is brought involving antitrust claims under both federal
and state law on behalf of indirect purchasers of Visa's debit card
services as a result of the Defendant's unlawful and
anticompetitive conduct.
Visa is by far the largest debit network provider and has used its
market dominance to engage in unlawful and anticompetitive conduct
that has artificially raised the price of network fees to
supracompetitive prices, including but not limited to, monopolizing
the debit network market and leveraging its monopoly power to
suppress competition by punishing merchant sellers for using
alternative networks, entering into contracts to pay off potential
competitors or prevent the development of substitute networks.
Plaintiff seeks damages and injunctive relief for the harm Visa has
caused to indirect purchasers, says the complaint.
The Plaintiff uses a debit card from U.S. Bank that has Visa
designated as the front-of-card network.
Visa owns and operates the Visa debit network, the largest debit
network in the United States.[BN]
The Plaintiff is represented by:
Richard M. Paul, III, Esq.
David W. Bodenheimer, Esq.
PAUL LLP
601 Walnut Street, Suite 300
Kansas City, MO 64106
Phone: (816) 984-8100
Email: Rick@PaulLLP.com
David@PaulLLP.com
VROOM INC: Continues to Defend Consolidated Securities Class Suit
-----------------------------------------------------------------
Vroom Inc. disclosed in its Form 10-Q Report for the quarterly
period ending September 30, 2024 filed with the Securities and
Exchange Commission on November 12, 2024, that the Company
continues to defend itself from a consolidated securities class
suit in the United States District Court for the Southern District
of New York.
Beginning in March 2021, multiple putative class actions were filed
in the U.S. District Court for the Southern District of New York by
certain of the Company's stockholders against the Company and
certain of the Company's officers alleging violations of federal
securities laws. The lawsuits were captioned Zawatsky et al. v.
Vroom, Inc. et al., Case No. 21-cv-2477; Holbrook v. Vroom, Inc. et
al., Case No. 21-cv-2551; and Hudda v. Vroom, Inc. et al., Case No.
21-cv-3296. All three of the lawsuits asserted similar claims under
Sections 10(b) and 20(a) of the Exchange Act, and SEC Rule 10b-5.
In each case, the named plaintiff(s) sought to represent a proposed
class of all persons who purchased or otherwise acquired the
Company's securities during a period from June 9, 2020 to March 3,
2021 (in the case of Holbrook and Hudda), or November 11, 2020 to
March 3, 2021 (in the case of Zawatsky).
In August 2021, the Court consolidated the cases under the new name
In re: Vroom, Inc. Securities Litigation, Case No. 21-cv-2477,
appointed a lead plaintiff and lead counsel and ordered a
consolidated amended complaint to be filed. The court-appointed
lead plaintiff subsequently filed a consolidated amended complaint
that reasserts claims under Sections 10(b) and 20(a) of the
Exchange Act, and SEC Rule 10b-5 against the Company and certain of
the Company's officers, and added new claims under Sections 11, 12
and 15 of the Securities Act against the Company, certain of its
officers, certain of its directors, and the underwriters of the
Company’s September 2020 secondary offering.
The Company filed a motion to dismiss all claims, and briefing of
this motion is complete. The Company believes this lawsuit is
without merit and intends to vigorously contest these claims.
Vroom, Inc., and its wholly owned subsidiaries is a end-to-end
ecommerce platform for the used vehicle industry.
WEBSTER US LLC: Raheel Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Aisha Raheel, on behalf of herself and all others similarly
situated v. The Webster US, LLC, Case No. 1:24-cv-08063 (S.D.N.Y.,
Nov. 20, 2024), is brought against 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 services Soho Gem
provides to their non-disabled customers through
https://www.thewebster.com/ (hereinafter "Thewebster.com" or "the
website"). The Defendant's denial of full and equal access to its
website, and therefore denial of its 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, Thewebster.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 The Webster'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.
Thewebster.com provides to the public a wide array of services,
price specials and other programs offered by The Webster.[BN]
The Plaintiff is represented by:
Asher H. Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr,
Brooklyn, NY 11234
Phone: (718) 914-9694
Email: acohen@ashercohenlaw.com
WESTERN MILLING: Faces Torres Employment Suit in Cal. State Court
-----------------------------------------------------------------
A class action lawsuit has been filed against Western Milling, LLC.
The case is captioned as SAUL TORRES, individually and on behalf of
all others similarly situated, v. WESTERN MILLING, LLC, Case No.
VCU313821 (Cal. Super., Tulare Cty., October 7, 2024).
The suit is brought over the Defendant's alleged employment
violation.
Western Milling, LLC is a manufacturer of nutrient solutions based
in California. [BN]
The Plaintiff is represented by:
Sarah H. Cohen, Esq.
David D. Bibiyan, Esq.
Jeffrey D. Klein, Esq.
BIBIYAN LAW GROUP, PC
1460 Westwood Blvd., Suite 100
Los Angeles, CA 90024
Telephone: (310) 438-5555
WICHITA, KS: Clingerman Seeks Extension to Disclose Expert Reports
------------------------------------------------------------------
In the class action lawsuit captioned as RENEE CLINGERMAN, by and
through THOMAS CLINGERMAN, Guardian and Next Friend; JOSHUA
WILLIAMS, by and through KRISTIN ROTH, Guardian and Next Friend;
MARTE A THOMAS, by and through TARA DAVIS, Guardian, Conservator,
and Next Friend; individually and on behalf of all others similarly
situated, v. CITY OF WICHITA, KANSAS, Case No.
2:23-cv-02435-JWB-TJJ (D. Kan.), the Plaintiff asks the Court to
enter an order granting an extension of its deadline to disclose
its expert and expert reports for class certification to Dec. 15,
2024, and extension of the Defendant's deadline to Jan. 15, 2025.
A copy of the Plaintiff's motion dated Nov. 18, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OWHMZc at no extra
charge.[CC]
The Plaintiff is represented by:
Mark T. Schoenhofer, Esq.
LAW OFFICES OF MARK T.
SCHOENHOFER, LLC
1631 E. 1st Street
Wichita, KS 67214
Telephone: (316) 262-5400
Facsimile: (316) 262-1787
E-mail: mydefensefirst@yahoo.com
WM WHOLESALE: Hernandez Sues Over Delta-8 Vape Products' False Ads
------------------------------------------------------------------
JOSUE HERNANDEZ, individually and on behalf of all others similarly
situated, Plaintiff v. WM WHOLESALE, LLC d/b/a CAKE BRAND,
Defendant, Case No. 8:24-cv-02553-JVS-JDE (C.D. Cal., November 21,
2024) is a class action against the Defendant for violations of
California's Unfair Competition Law, California's False Advertising
Law, and California's Consumer Legal Remedies Act, breach of
implied warranty, breach of express warranty, unjust enrichment,
and fraud by omission/intentional misrepresentation.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its delta-8 vape
products. On the Defendant's website, www.cakebrand.com, it
advertised the products to contain less than 0.3 percent delta-9
tetrahydrocannabinol (THC), a federally controlled Schedule 1 drug.
However, this representation is false. Many of the Defendant's
delta-8 products in fact contain significantly more than 0.3
percent delta-9 THC. Accordingly, the Defendant's products are
considered marijuana products. As a result, the Defendant is able
to take away market share from competing products and increase its
own sales and profits, says the suit.
WM Wholesale LLC, doing business as cake brand, is a manufacturer
of delta-8 vape pens and cartridges, with its principal place of
business in Orange, California. [BN]
The Plaintiff is represented by:
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Street, Ste. 1500
San Francisco, CA 94108
Telephone: (415) 839-7000
Email: yeremey@skclassactions.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Telephone: (617) 377-7404
Email: joel@skclassactions.com
WORKWAVE LLC: Rogers Suit Alleges Unprotected Personal Info
-----------------------------------------------------------
BRANDEN ROGERS, individually and on behalf of all others similarly
situated, Plaintiff v. WORKWAVE LLC d/b/a TEAM Software, Defendant,
Case No. 3:24-cv-10592 (D.N.J., November 19, 2024) arises from the
Defendant's failure to properly secure and safeguard the personally
identifiable information that it collected and maintained as part
of its regular business practices, including Plaintiff's and Class
Members' names and Social Security numbers.
The Plaintiff brings this action on behalf of current and former
employees of the Defendant whose PII was compromised as a result of
Defendant's failure to: (i) adequately protect the PII of Plaintiff
and Class Members; (ii) warn Plaintiff and Class Members of
Defendant's inadequate information security practices; and (iii)
effectively secure hardware containing protected PII using
reasonable and effective security procedures free of
vulnerabilities and incidents. The Defendant's conduct amounts at
least to negligence and violates federal and state statutes, says
the Plaintiff.
Workwave LLC, d/b/a TEAM Software, is a company that provides
cloud-based finance, operations and workforce management software
services to its clients.[BN]
The Plaintiff is represented by:
Vicki J. Maniatis, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
405 East 50th Street
New York, NY 10022
Telephone: (516) 491-4665
E-mail: vmaniatis@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
5335 Wisconsin Avenue NW
Washington, D.C. 20015-2052
Telephone: (866) 252-0878
Facsimile: (202) 686-2877
E-mail: dlietz@milberg.com
ZETA GLOBAL: Faces Class Action Suit Over Misleading Statements
---------------------------------------------------------------
Bragar Eagel & Squire, P.C., a nationally recognized stockholder
rights law firm, announces that a class action lawsuit has been
filed against Zeta Global Holdings Corp. ("Zeta" or the "Company")
(NYSE: ZETA) in the United States District Court for the Southern
District of New York on behalf of all persons and entities who
purchased or otherwise acquired Zeta securities between February
27, 2024 and November 13, 2024, both dates inclusive (the "Class
Period"). Investors have until January 21, 2025 to apply to the
Court to be appointed as lead plaintiff in the lawsuit.
On November 13, 2024, Culper Research published a report alleging
that the "integrity of the Company's data collection and reported
financials" is severely undermined by two factors. First, the
report alleged that "Zeta has formed 'two-way' contracts with third
party consent farms wherein the Company simultaneously acts as both
a supplier and a buyer of consumer data," allowing the Company to
"flatter reported revenue growth" and indicating possible
"round-tripping" of revenue. Second, the report alleged that Zeta
collects the majority of its customer data from a network of "sham
websites that hoodwink millions of consumers each month into
handing their data over to Zeta under false pretenses." For
example, the report alleged the Company and its subsidiaries
operate a number of fake job boards which are designed to trick
individuals into submitting personal data under the pretense of job
applications. The report further alleged that the Company's "most
valuable data" comes from these predatory websites, dubbed consent
farms, which are "responsible for almost the entirety of the
Company's growth."
On this news, the Company's stock price fell $10.46, or 37.07%, to
close at $17.76 per share on November 13, 2024, on unusually heavy
trading volume.
The complaint filed in this class action alleges that throughout
the Class Period, Defendants made materially false and/or
misleading statements, as well as failed to disclose material
adverse facts about the Company's business, operations, and
prospects. Specifically, Defendants allegedly failed to disclose to
investors: (1) that Zeta used two-way contracts to artificially
inflate financial results; (2) that Zeta engaged in round trip
transactions to artificially inflate financial results; (3) that
Zeta utilized predatory consent farms to collect user data; (4)
that these consent farms have driven almost the entirety of Zeta's
growth; and (5) that, as a result of the foregoing, Defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis.
If you purchased or otherwise acquired Zeta shares and suffered a
loss, are a long-term stockholder, have information, would like to
learn more about these claims, or have any questions concerning
this announcement or your rights or interests with respect to these
matters, please contact Brandon Walker or Marion Passmore by email
at investigations@bespc.com, telephone at (212) 355-4648, or by
filling out this contact form. There is no cost or obligation to
you.
About Bragar Eagel & Squire, P.C.:
Bragar Eagel & Squire, P.C. is a nationally recognized law firm
with offices in New York, California, and South Carolina. The firm
represents individual and institutional investors in commercial,
securities, derivative, and other complex litigation in state and
federal courts across the country. For more information about the
firm, please visit www.bespc.com. Attorney advertising. Prior
results do not guarantee similar outcomes.
Contact Information:
Bragar Eagel & Squire, P.C.
Brandon Walker, Esq.
Marion Passmore, Esq.
Tel: (212) 355-4648
investigations@bespc.com
www.bespc.com [GN]
*********
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 ***