/raid1/www/Hosts/bankrupt/CAR_Public/241211.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, December 11, 2024, Vol. 26, No. 248
Headlines
3M COMPANY: Drinking Water Exposed to Toxic Chemicals, Suit Says
AARON CROWN INC: Hedges Sues Over Blind-Inaccessible Website
AEHR TEST: Faces Lucid Alternative Suit Over Stock Price Drop
ALLEVIATE TAX: Class Certification Status Order Entered in Barack
ALLEVIATE TAX: Morton Seeks Relief from Class Cert Deadline
ALLSTATE FIRE: Dorazio Suit Seeks Rule 23 Class Certification
AMHERST COLLEGE: Fails to Pay Proper Wages, Fournier Says
ANYWHERE REAL: Court to Set Scheduling Order Dates
APOLLO TOOLS: Wilson Sues Over Website's Barriers to the Blind
APPLE INC: Aids Illegal Online Casino Operators, Prater Alleges
ARAMARK CAMPUS: Valinoti Wage-and-Hour Suit Removed to E.D.N.Y.
ASHLYNN MARKETING: C.B. Suit Removed to S.D. California
ASPIRE LOYALTY: Adaway Suit Seeks to Recover Unpaid Wages
AUTISM LEARNING: Abboud et al. Allege Labor Law Breaches
AVEDIS ZILDJIAN: Website Inaccessible to the Blind, Thorne Claims
BETSY JIVIDEN: Class Cert. Bid Response in Rose Due Dec. 23
BEYOND RESTAURANT: Clement Sues Over Blind-Inaccessible Website
BOCKMON & WOODY: Hardin Suit Removed to E.D. California
BODY CONTOUR: Faces T.S. Class Suit Over Invasion of Privacy
BONJANGLES' RESTAURANTS: Faces Calabrese Suit Over Data Breach
C&S WHOLESALE: Class Expert Discovery in Goodman Due Feb. 21, 2025
CALEEL + HAYDEN: Girtley Seeks Equal Website Access for the Blind
CANAL FURNITURE: Clement Sues Over Blind-Inaccessible Website
CAREMARKPCS HEALTH: Flowers Seeks to Certify Rule 23 Class
CARPET CULTURE: Website Inaccessible to the Blind, Hernandez Says
CHEXSYSTEMS INC: Class Rebuttal Expert Reports Due April 24, 2025
CHEYENNE CLUB: Marsh Seeks to Recover Dancers' Wages Under FLSA
CIRCOR AEROSPACE: Zetina Suit Moved to C.D. Calif.
COLONIAL LIFE: Bid for Class Certification Tossed as Moot
CONNECTICUT GENERAL: Class Notice & Plan Order Entered in Issokson
CONSERVATION SOCIETY: Simmonds Alleges Unfair Labor Practices
CONSOLIDATED SCAFFOLDING: Aquino-Moreno Seeks Unpaid Wages
CONTINENTAL CAFE: Wood Files Suit in E.D. Michigan
CORE ATLANTA SPRING: Kirchner Files Suit in Cal. Super. Ct.
CREWS CONTROL: Class Discovery Deadline in Stevens Suit Due Dec. 24
CSC HOLDINGS: Holman Sues Over Unlawful Telephone Solicitations
CSX TRANSPORTATION: Bell Suit Transferred to M.D. Florida
CUSTOMERS BANCORP: Chang Sues Over False and Misleading Statements
DELAWARE: Faces Vial Suit Over Illegal Escheatment Scheme
DELICIAS CALENAS: Moreno Suit Seeks Unpaid OT for Restaurant Staff
DFL PIZZA: Wins Bid to Deny Class Certification in Nagel
DOHMAN, AKERLUND: Wear Sues Over Data Security Incident
EARN YOUR LEISURE: Brown Files TCPA Suit in N.D. Georgia
ELEVATOR CONSTRUCTORS: Class Cert Bid Tossed as Moot
FORTUNA BUSINESS: Sauceda Alleges Unlawful Labor Practices
FURTHERED INC: Class Cert Filing in Jolly Due Nov. 29, 2025
GLAXOSMITHKLINE: Settlement Hearing in Calchi Set for Jan. 21, 2025
GT PRIVATE: Berry Seeks to Recover Unpaid Overtime Wages
HAND HOSPITALITY: Son Seeks More Time to File Class Cert. Bid
HEALTHLINE MEDIA: Gliksman Sues Over Data Privacy Violations
HOSPITALITY SYRACUSE: Doucette Sues Over ADA Noncompliance
HOUSE OF PRIME RIB: Hyatt Files Suit in Cal. Super. Ct.
J L AND COMPANY: Hernandez Sues Over Website Inaccessibility
J&T RESTAURANTS: Must Provide Class Members' Info in Giblaint Suit
KEESAL & YOUNG: Fails to Secure Personal Info, Lipman Alleges
KENSINGTON SENIOR: Faces Hollenbeck Wage-and-Hour Suit in Calif.
KISS NUTRACEUTICALS: Allowed to Restrict Class Exhibits Access
LEGOLAND NEW YORK: Settlement Hearing Set for Jan. 15, 2025
LOREAL USA INC: Painter Suit Transferred to D. Hawaii
M.A. FORD: Class Cert Bid Filing in Harter Due Oct 27, 2025
MAKO CATERING: Parties Seek Class Certification Scheduling Order
MARATHON PETROLEUM: Johnson Class Suit Removed to E.D. La.
MATTEL INC: Ricketson Sues Over Dolls' Misleading Age Labels
MY TURTLE STORE: Website Inaccessible to the Blind, Jones Alleges
NATURE'S WAY: Blind Users Can't Access Website, Jones Suit Claims
OREGON: Berman Alleges Violations of ADA & Fourteenth Amendment
PARK TERRACE: Bails Suit Seeks Unpaid Wages Under FLSA
PROVEN GROUP: Website Inaccessible to the Blind, Miller Alleges
RCW INC: Jones Sues Over Blind Users' Equal Access to Online Store
SCHNADER HARRISON: Class Cert Filing in Bennett Due Feb. 18, 2025
SHEN YUN PERFORMING: Chang Sues Over Forced Labor Scheme
SHOE SENSATION: Crumwell Sues Over Website's Noncompliance of ADA
SHOE SHOW: Faces Jones Suit in North Carolina Court
SHOE SHOW: Midkiff Sues Over Failure to Secure & Safeguard PII
SIGNATURE HOMES: Stinnett Files TCPA Suit in C.D. California
SKINSPIRIT ESSENTIAL: Fails to Pay Proper Wages, Rad Alleges
SOLSTICE BENEFITS: Lyngaas Seeks to Defer Summary Judgment
TASTY RIBBON: Fernandez Seeks Equal Website Access for the Blind
TEKBERRY INC: Amato Suit Removed to N.D. California
ULINE INC: Wilson Sues Over Blind Users' Equal Access to Website
UNITED AIRLINES: Removes Vollera Suit to C.D. Calif.
UNITED STATES: Morinville Case Referred to Magistrate Judge
VIRGIN GALACTIC: Parties Seeks to Adjust Class Cert. Briefing Sched
VISA INC: Williams Sues Over Unlawful Debit Card Surcharge
VOLVO CAR: Fails to Pay Proper Wages, Gardenhire Alleges
WALGREEN CO: Duran Sues Over Unpaid Minimum and Overtime Wages
WARNER BROS: Collura Suit Alleges Securities Law Violations
WHOLE FOODS: Ledesma Files Employment Suit in Calif. Super.
WILBERT RUFFIN: Haywood Files Suit in S.D.N.Y.
YUMMI SUSHI: Diaz Files Suit in Cal. Super. Ct.
ZEAL OPTICS: Blind Users Can't Access Website, Wilson Suit Claims
*********
3M COMPANY: Drinking Water Exposed to Toxic Chemicals, Suit Says
----------------------------------------------------------------
JAYDEN VARLINE; BRIAN RICHARDS; JONICA RICHARDS; JENSEN RICHARDS;
DANIEL PAUL; ELIZABETH PAUL; ANNETTE SCHAETZL; TREVOR CUNNINGHAM;
EMILY CUNNINGHAM; RICHARD RUBOW; MICHAEL HEISE; STACY HEISE; AMANDA
ZASTROW; STEVEN ZASTROW; SCOTT TOWLE; JESSICA TOWLE; PERRY REDEKER;
RUTH REDEKER; MATTHEW BRILL; JANET OSTROWSKI; and TOM FELTZ,
Plaintiffs v. THE 3M COMPANY, f/k/a Minnesota Mining and
Manufacturing Co., Defendant, Case No. 3:24-cv-00859 (W.D. Wis.,
Dec. 4, 2024) is an action arising from the foreseeable
contamination of groundwater by the use of materials that contained
per- and poly-fluoroalkyl substances ("PFAS"), including
perfluorooctanoic acid ("PFOA") and perfluorooctanesulfonic acid
("PFOS").
According to the Plaintiff in the complaint, due to the
contamination of groundwater with PFAS, Plaintiffs have suffered
real personal injuries, are at an increased risk of developing
injuries, bioaccumulation of PFAS in their bodies, property damage,
and the diminution in value of their properties as a result of the
release of PFAS to their water supplies.
The Plaintiffs have suffered an assortment of diseases and medical
conditions as a direct result of their exposure to PFAS
contamination of their water supply. Plaintiffs, as residents and
those who visited, worked, or otherwise dwelled in the Village of
Maine, have been unknowingly exposed for many years to PFAS,
including concentrations hazardous to their health, says the suit.
3M Company conducts operations in electronics, telecommunications,
industrial, consumer and office, health care, safety, and other
markets. The Company businesses share technologies, manufacturing
operations, marketing channels, and other resources. 3M serves
customers worldwide. [BN]
The Plaintiff is represnted
Daniel W. Varline, Esq.
DAVCZYK & VARLINE, LLC
1400 Merrill Avenue
PO Box 1192
Wausau WI 54402-1192
Telephone: (715) 675-7777
Email: dvarline@dvlawoffice.com
- and -
Hunter J. Shkolnik, Esq.
Paul J. Napoli, Esq.
Coral M. Odiot, Esq.
Cristina M. Rodríguez, Esq.
NS PR LAW SERVICES LLC
1302 Avenida Ponce de Leon
San Juan PR 00907-3982
Telephone: (833) 271-4502
Email: hunter@nsprlaw.com
pnapoli@nsprlaw.com
codiot@nsprlaw.com
crodriguez@nsprlaw.com
- and -
Andrew W. Croner, Esq.
Patrick J. Lanciotti, Esq.
NAPOLI SHKOLNIK PLLC
360 Lexington Avenue Floor 11
New York NY 10017
Telephone: (212) 397-1000
Email: acroner@napolilaw.com
planciotti@napolilaw.com
AARON CROWN INC: Hedges Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Donna Hedges, for herself and on behalf of all other persons
similarly situated, v. AARON CROWN INC., Case No. 1:24-cv-09199
(S.D.N.Y., Dec. 2, 2024), is brought against the Defendant for its
failure to design, construct, maintain, and operate its interactive
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://www.homefieldapparel.com/, including all portions thereof
or accessed thereon (collectively, the "Website" or "Defendant's
Website"),is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
A & R SCREENING, LLC, operates the Homefield Apparel online retail
store, as well as the Homefield Apparel interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: jeffrey@gottlieb.legal
dana@gottlieb.legal
michael@gottlieb.legal
AEHR TEST: Faces Lucid Alternative Suit Over Stock Price Drop
-------------------------------------------------------------
LUCID ALTERNATIVE FUND, LP, individually and on behalf of all
others similarly situated v. AEHR TEST SYSTEMS, INC., GAYN
ERICKSON, and CHRIS P. SIU, Case No. 3:24-cv-08683 (N.D. Cal., Dec.
3, 2024) is a federal securities class action on behalf of a class
consisting of all persons and entities other than Defendants that
purchased or otherwise acquired Aehr securities between Jan. 9,
2024, and March 24, 2024, both dates inclusive, seeking to recover
damages caused by Defendants' violations of the federal securities
laws and to pursue remedies under the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder, against the Company and
certain of its top officials.
Aehr provides test solutions for testing, burning-in, and
semiconductor devices in wafer level, singulated die, and package
part form, and installed systems worldwide.
In October 2023, Aehr provided guidance for its fiscal full year
2024 financial results. Specifically, the Company stated that it
expected "total revenue to be at least $100 million, representing
growth of over 50% year over year."
On January 9, 2024, Aehr cut its 2024 revenue forecast from $100
million to $75-$85 million, citing "a delay in the timing of new
orders from current and new customers that will most likely impact
this fiscal year's revenue."
However, the Company's Chief Executive Officer Defendant Gayn
Erickson was quick to downplay the significance of the updated
forecast on a related earnings call that same day (the "Q2 2024
Earnings Call"), claiming that the Company "took a very
conservative stance in hopes there's no way we'll miss it on the
low end, but I can see scenarios where we could be higher than the
[$75-$85 million] range" and advising investors and analysts that
the Company had "very good visibility" into its customers' order
patterns.
Throughout the Class Period, the Defendants made materially false
and misleading statements regarding the Company's business,
operations, and prospects. Specifically, the Defendants made false
and/or misleading statements and/or failed to disclose that
contrary to prior representations to investors, Aehr was continuing
to experience substantial delays in customer orders.
Then, on March 25, 2024, Aehr announced preliminary fiscal Q3 2024
financial results. Among other things, the Company revealed that
its Q3 revenue was estimated to be approximately $7.6 million,
versus a consensus of $14.32 million, citing delays in wafer level
burn-in system orders for semiconductor devices used in electric
vehicles that have created a short-term gap in revenue and
profitability.
In addition, Aehr further cut its 2024 revenue forecast, stating
that it now expected revenue of at least $65 million versus a
consensus of $77.43 million.
On this news, Aehr's stock price fell $3.29 per share, or 22.44%,
to close at $11.37 per share on March 25, 2024. As a result of the
Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of the Company's securities, Plaintiff
and other Class members have suffered significant losses and
damages.
Aehr provides test solutions for testing, burning-in, and
semiconductor devices in wafer level, singulated die, and package
part form, and installed systems worldwide.
The Individual Defendants are officers of the company.[BN]
The Plaintiff is represented by:
Jennifer Pafiti, Esq.
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
POMERANTZ LLP
1100 Glendon Avenue, 15th Floor
Los Angeles, CA 90024
Telephone: (310) 405-7190
E-mail: jpafiti@pomlaw.com
jalieberman@pomlaw.com
ahood@pomlaw.com
- and -
Jacob Sabo, Esq.
THE LAW OFFICE OF JACOB SABO
22a Mazzeh Street
Tel-Aviv, Israel
Telephone: (972) 3907-0770
ALLEVIATE TAX: Class Certification Status Order Entered in Barack
-----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL BARACK, v.
ALLEVIATE TAX LLC, Case No. 3:24-cv-02263-N (N.D. Tex.), the Hon.
Judge David Godbey entered an order requiring class certification
status and scheduling conference:
1. The requirement of Local Rule 23.2 that a motion for class
certification be filed within 90 days of filing of a class
action complaint is suspended in this case pending further
order
of the Court.
2. The parties are directed to confer within 14 days of the date
of
this Order regarding the following matters, and report to the
Court within 14 days after the conference the parties'
position:
a. a brief statement of the nature of the case and the
contentions of the parties;
b. a description of the proposed class, including an estimate
of
the size;
c. identification of other litigation involving the same or
similar subject matter, including style, cause number,
court,
and the date filed.
3. The parties are directed to hold the conference required by
Rule
26(f) within 14 days of the date of this Order and report to
the
Court as required by that Rule.
4. The parties' Rule 26(f) report does not need to include
suggested discovery deadlines. The Court's scheduling order
will
include default scheduling deadlines. The scheduling order
provides that the parties are free to alter those deadlines
by
written agreement, to conform to any agreed discovery plan
under
Rule 26(f) or otherwise, without the necessity of motion or
order.
Alleviate Tax provides tax debt relief services.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CRmiW2 at no extra
charge.[CC]
ALLEVIATE TAX: Morton Seeks Relief from Class Cert Deadline
-----------------------------------------------------------
In the class action lawsuit captioned as JAN MORTON, on behalf of
herself and others similarly situated, v. ALLEVIATE TAX, LLC, Case
No. 3:24-cv-02263-N (N.D. Tex.), the Plaintiff asks the Court to
enter an order granting her relief from Local Rule 23.2's
presumptive deadline to move for class certification to allow the
Plaintiff the opportunity to conduct discovery necessary to satisfy
Rule 23's requirements for class certification.
The Plaintiff requires discovery to identify other class members
who have received from the Defendant similar robocalls as the
Plaintiff under similar circumstances and will be prejudiced if
required to move for class certification without the opportunity to
conduct any discovery.
The Defendant does not oppose this relief.
The putative class action under the Telephone Consumer Protection
Act was filed on Sept. 4, 2024.
On Nov. 4, 2024, the Defendant first appeared in the action,
seeking an extension of time within which to respond to the
complaint.
On Nov. 19, 2024, the Defendant filed a motion to dismiss, motion
to strike Plaintiff's class allegations, motion to stay discovery
pending ruling on its motions to dismiss and to strike, and, in the
alternative, a motion to bifurcate discovery requesting that, even
if the Court doesn't stay all discovery, it stays class discovery.
Accordingly, Local Rule 23.2's presumptive deadline to move for
class certification is Dec. 3, 2024.
Alleviate Tax provides tax debt relief services.
A copy of the Plaintiff's motion dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7ESCnS at no extra
charge.[CC]
The Plaintiff is represented by:
Nayeem N. Mohammed, Esq.
539 W. Commerce St. #1899
Dallas, TX 75208
Telephone: (972) 767-9099
E-mail: nayeem@nnmpc.com
ALLSTATE FIRE: Dorazio Suit Seeks Rule 23 Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as Brian Dorazio, on behalf
of his minor daughter, A.D, v. Allstate Fire and Casualty Insurance
Company, Case No. 2:23-cv-00017-KML (D. Ariz.), the Plaintiff asks
the Court to enter an order:
-- granting his motion for class certification;
-- certifying a Class of insureds on Plaintiff's claims of breach
of
contract, injunction, and declaratory relief against Defendant
under Rules 23(a), (b)(2), and/or (c)(4);
-- appointing Plaintiff as Class Representative, and
-- appointing Plaintiff's counsel Robert Carey as Class Counsel.
In the absence of a damages class, this case would cry out for
issue-specific certification to establish Allstate's classwide
breach and bad faith arising from Allstate's unlawful coverage
position, which operates to the detriment of the entire Class.
The Plaintiff asks that the Court certify the following Class of
Allstate insureds:
"All insured persons under one or more Allstate Fire and
Casualty
Insurance Company Policies issued in Arizona to the same
purchaser
covering multiple vehicles at the time of a covered loss who,
from
the earliest allowable time to the date judgment enters,
received
UM/UIM benefits in an amount equal to the limits of only one of
the UM/UIM coverages under the applicable policy or policies."
Accordingly, Allstate acknowledges only a fraction of available
coverage by applying only one unit of UM/UIM coverage when multiple
units were available, all in violation of Arizona's Uninsured
Motorist Act (UMA).
Allstate offers insurance for car, home, rental, motorcycle and
more.
A copy of the Plaintiff's motion dated Dec. 4, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=oLf3wHat no extra
charge.[CC]
The Plaintiff is represented by:
Robert B. Carey, Esq.
John DeStefano, Esq.
Tory Beardsley, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
11 West Jefferson Street, Suite 1000
Phoenix, AZ 85003
Telephone: (602) 840-5900
Facsimile: (602) 840-3012
E-mail: rob@hbsslaw.com
johnd@hbsslaw.com
toryb@hbsslaw.com
- and -
Brett L. Slavicek, Esq.
James Fucetola, Esq.
Justin Henry, Esq.
THE SLAVICEK LAW FIRM
5500 North 24th Street
Phoenix, AZ 85016
Telephone: (602) 285-4435
Facsimile: (602) 287-9184
Email: brett@slaviceklaw.com
james@slaviceklaw.com
justin@slaviceklaw.com
AMHERST COLLEGE: Fails to Pay Proper Wages, Fournier Says
---------------------------------------------------------
JESSI FOURNIER, individually and on behalf of all others similarly
situated, Plaintiff v. AMHERST COLLEGE, Defendant, Case No. (Hamp.
Super., Mass., Dec. 2, 2024) is an action against the Defendants
for unpaid regular hours, overtime hours, minimum wages, wages for
missed meal and rest periods.
Plaintiff Fournier was employed by the Defendant as an associate
director of student accessibility services.
Amherst College is a private liberal arts college located in
Amherst, Massachusetts. [BN]
The Plaintiff is represented by:
Raymond Dinsmore, Esq.
Richard E. Hayber, Esq.
Ryan B. Guers, Esq.
HAYBER MCKENNA & DINSMORE, LLC
One Monarch Place, Suite 1340
Springfield, MA 01144
Telephone: (413) 785-1400
Facsimile: (860) 218-9555
Email: rdinsmore@hayberlawfirm.com
rhayber@hayberlawfirm.com
rguers@hayberlawfirm.com
ANYWHERE REAL: Court to Set Scheduling Order Dates
--------------------------------------------------
In the class action lawsuit captioned as GOODWILL v. ANYWHERE REAL
ESTATE INC. et al., Case No. 2:22-cv-00407 (D. Maine, Filed Dec.
21, 2022), the Hon. Judge Stacey D. Neumann entered an order
setting the remaining scheduling order dates, including the class
certification motion deadline.
Judge Neuman also emphasized that he cannot think of a set of
circumstances that would cause him to extend those deadlines, and h
will entertain requests for sanctions if further compliance issues
arise.
Separately, Attorney Frame is directed to formally enter his
appearance in this matter.
The nature of suit states Civil Rights -- Employment.[CC]
APOLLO TOOLS: Wilson Sues Over Website's Barriers to the Blind
--------------------------------------------------------------
HOWARD WILSON, on behalf of himself and all others similarly
situated, Plaintiff v. APOLLO TOOLS, LTD., Defendant, Case No.
1:24-cv-12386 (N.D. Ill., December 2, 2024) is a class action
against the Defendant for violation of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.apollotools.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse, 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.
Apollo Tools, Ltd. is a company that sells online goods and
services, doing business in Illinois. [BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: ysaks@steinsakslegal.com
APPLE INC: Aids Illegal Online Casino Operators, Prater Alleges
---------------------------------------------------------------
LAMAR PRATER and REBECCA PRATT, on behalf of themselves and all
others similarly situated, Plaintiffs v. APPLE, INC., GOOGLE LLC,
GOOGLE PAYMENT CORP., VGW HOLDINGS LTD., VGW MALTA LTD. d/b/a
"CHUMBA CASINO", VGW LUCKYLAND INC. d/b/a "LUCKYLAND SLOTS", and
VGW GP LTD. d/b/a "GLOBAL POKER", Defendants, Case No.
1:24-cv-09237 (S.D.N.Y., December 3, 2024) is a class action
against the Defendants for violations of the New York General
Obligation Law, the New York General Business Law, and the
Racketeer Influenced and Corrupt Organizations Act of 1970.
The case arises from the alleged illegal online casino operation of
VGW Defendants and the contribution of Defendants Apple, Google,
and Google Payment to VGW's casino operation. According to the
complaint, VGW Defendants own and operate three websites "Chumba
Casino," "LuckyLand Slots, "and "Global Poker" to offer a multitude
of digital slot machines, blackjack, poker, roulette and other
forms of lottery wheel. Defendants Apple, Google, and Google
Payment willingly assist, promote and profit from this illegal
scheme by, inter alia: (1) offering users access to the apps
designed by the VGW Defendants through Apple's AppStore and
Google's Play Store; (2) taking a substantial percentage of
consumer purchases of Gold Coins, Sweeps Coins and other
transactions within the apps distributed by the VGW Defendants
through the AppStore or Play Store, respectively; and (3)
processing illicit transactions between consumers and the VGW
Defendants using their proprietary payment systems; and (4) by
using search algorithms within Google's Chrome browser and Apple's
Safari browser to shepherd unwitting customers to the VGW
Defendants' websites and apps, thereby facilitating the Defendants'
unlawful gambling enterprise.
Apple, Inc. is a technology company based in Cupertino,
California.
Google LLC is a technology company based in Mountain View,
California.
Google Payment Corp. is a financial services company based in
Mountain View, California.
VGW Holdings Ltd. is an Australian that operates websites.
VGW Malta Ltd. is an operator of internet gambling website, doing
business in New York.
VGW LuckyLand Inc. is an operator of internet gambling website,
doing business in New York.
VGW GP Ltd. is an operator of internet gambling website, doing
business in New York. [BN]
The Plaintiff is represented by:
Justin A. Meyers, Esq.
LAW OFFICES OF G. MARTIN MEYERS, P.C.
119 West 24th St., Floor 4
New York, NY 10011
Telephone: (973) 625-0838
ARAMARK CAMPUS: Valinoti Wage-and-Hour Suit Removed to E.D.N.Y.
---------------------------------------------------------------
The case styled ROSEMARIE VALINOTI, JERRY ROMERO, and JORGE VELEZ,
on behalf of themselves and all others similarly situated v.
ARAMARK CAMPUS LLC, and ARAMARK SPORTS AND ENTERTAINMENT SERVICES,
LLC, Case No. 24LA1405, was removed from the Supreme Court of the
State of New York for the County of Queens to the U.S. District
Court for the Eastern District of New York on December 2, 2024.
The Clerk of Court for the Eastern District of New York assigned
Case No. 1:24-cv-08305 to the proceeding.
The case arises from the Defendants' alleged failure to pay wages
in violation of the New York Labor Law.
Aramark Campus LLC is a provider of food and facilities management
services headquartered in Pennsylvania.
Aramark Sports and Entertainment Services, LLC is a provider of
food and facilities management services headquartered in
Pennsylvania. [BN]
The Defendants are represented by:
Brendan T. Killeen, Esq.
John P. Guyette, Esq.
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Telephone: (212) 309-6000
Email: brendan.killeen@morganlewis.com
john.guyette@morganlewis.com
ASHLYNN MARKETING: C.B. Suit Removed to S.D. California
-------------------------------------------------------
The case styled as C.B., individually on behalf of herself and on
behalf of all other similarly situated v. ASHLYNN MARKETING GROUP,
INC., doing business as KRAVE KRATOM, and DOES 1-50, inclusive,
Case No. 24CU019004N was removed from the Superior Court of the
State of California for the County of San Diego, to the United
States District Court for the Southern District of California on
Dec. 2, 2024, and assigned Case No. 3:24-cv-02245-WQH-AHG.
In the Complaint, Plaintiff alleges that Ashlynn Marketing uses
false and misleading practices to market and sell its kratom
products. The Plaintiff further alleges that Ashlynn Marketing
failed to disclose the addictive nature of kratom consumption. On
the basis of the foregoing and other allegations in the Complaint,
Plaintiff asserts causes of action against Ashlynn Marketing for
violations of California's Unfair Competition Law ("UCL"),
California's False Advertising Law ("FAL"), California's Consumers
Legal Remedies Act ("CLRA"), and breach of implied warranty, unjust
enrichment, and fraud by omission.[BN]
The Defendants are represented by:
Marisol C. Mork, Esq.
Chassica Soo, Esq.
SQUIRE PATTON BOGGS (US) LLP
555 South Flower Street, 31st Floor
Los Angeles, CA 90071
Phone: +1 213 624 2500
Facsimile: +1 213 623 4581
Email: chassica.soo@squirepb.com
ASPIRE LOYALTY: Adaway Suit Seeks to Recover Unpaid Wages
---------------------------------------------------------
Diamond Adaway, individually and on behalf of all similarly
situated individuals, Plaintiff v. Aspire Loyalty Travel Solutions
LLC, Defendant, Case No. 2:24-cv-02792-DJH (D. Ariz., October 15,
2024) is a collective action brought by Plaintiff on behalf of
herself and all similarly situated to recover damages for
Defendant's alleged willful violations of the Fair Labor Standards
Act.
The Plaintiff asserts that Defendant subjected him and those
similarly situated, to Defendant's policy and practice of failing
to compensate its employees for their necessary boot-up and call
ready work, which resulted in the failure to properly compensate
employees as required under applicable federal law.
The Plaintiff resided in and worked for Defendant in Arizona as an
hourly call center Frontline Agent from March 2023 to September
2023.
Aspire Loyalty Travel Solutions LLC provides travel agency services
and administers loyalty programs by booking flights, hotels,
vacation rentals, rental cars, activities, and cruises on behalf of
its client's customers.[BN]
The Plaintiff is represented by:
Richard P. Traulsen, Esq.
BEGAM MARKS & TRAULSEN, P.A.
11201 North Tatum Blvd., Suite 110
Phoenix, AZ 85028-6037
Telephone: (602) 254-6071
E-mail: rtraulsen@BMT-law.com
- and -
Jacob R. Rusch, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN 55101
Telephone: (612) 436-1800
Facsimile: (612) 436-1801
E-mail: jrusch@johnsonbecker.com
zkaylor@johnsonbecker.com
AUTISM LEARNING: Abboud et al. Allege Labor Law Breaches
--------------------------------------------------------
MOHAMAD ABBOUD, CRYSTAL ROBERSON, AVINASH SOMIR, KAYO SALAKO and
MAKAY HAYNES, individually, and on behalf of all other employees
similarly situated, Plaintiffs v. AUTISM LEARNING PARTNERS, LLC, a
limited liability company, Defendant, Case No. 5:24-cv-02518 (C.D.
Cal., November 25, 2024) seeks to recover unpaid wages and accuses
the Defendant of violating the Fair Labor Standards Act and the
California Labor Code.
The Plaintiffs were employed by Defendant as behavioral technicians
in California. Throughout their employment with the Defendant, the
Plaintiffs were not compensated for the time they spent between
client sessions. Among other things, the Plaintiffs were not
provided with duty-free lunch and rest periods, says the suit.
Autism Learning Partners, LLC operates a business that provides
services, including behavioral therapy, to children with autism and
their families throughout the United States. [BN]
The Plaintiffs are represented by:
Daniel L. Germain, Esq.
ROSMAN & GERMAIN APC
5959 Topanga Canyon Boulevard, Suite 360
Woodland Hills, CA 91367-7503
Telephone: (818) 788-0877
E-mail: Germain@Lalawyer.com
- and -
Rania V. Sedhom, Esq.
SEDHOM LAW GROUP, PLLC
630 Fifth Avenue, Ste 2508
New York, NY 10111
Telephone: (212) 664-1600
E-mail: rsedhom@bespokelawfirm.com
AVEDIS ZILDJIAN: Website Inaccessible to the Blind, Thorne Claims
-----------------------------------------------------------------
BRAULIO THORNE, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED, Plaintiffs, v. AVEDIS ZILDJIAN CO., Defendant,
Case No. 1:24-cv-09032 (S.D.N.Y., November 25, 2024) arises from
Defendant's failure to design, construct, maintain, and operate its
interactive website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons.
According to the complaint, the Defendant failed to make its
website available in a manner compatible with computer screen
reader programs, depriving blind and visually-impaired individuals
the benefits of its online goods, content, and services.
Accordingly, the Plaintiff now alleges violations of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
Avedis Zildjian Co. owns and operates the website,
https://zildjian.com, which provides consumers with access to an
array of goods and services including information about its musical
instruments and audio equipment. [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: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
BETSY JIVIDEN: Class Cert. Bid Response in Rose Due Dec. 23
-----------------------------------------------------------
In the class action lawsuit captioned as MICHAEL D. ROSE, et al.,
on behalf of themselves and others similarly situated, v. v. BETSY
JIVIDEN, individually as an employee of the West Virginia Division
of Corrections and Rehabilitation, et al., Case No. 5:22-cv-00405
(S.D.W. Va.), the Hon. Judge Frank Volk entered an order amending
case schedule as follows:
-- Response to class certification motions Dec. 23,
2024
is due on:
-- Reply in support of class certification Jan. 9,
2025
motions is due on:
The Plaintiffs include ROBERT C. CHURCH, SR., NICOLE HENRY, EDWARD
L. HARMON, WILLIAM BOHN, TONYA PERSINGER, on behalf of themselves
and others similarly situated, BRYAN STAFFORD, in his capacity as
Executor of the Estate of THOMAS FLEENOR, JR., JOHN CRABTREE,
STEVEN MARTIN, GARY TOLER, ELGIE ADKINS, and SABRINA EAGLE.
The Defendants include BRAD DOUGLAS, individually as an employee of
the West Virginia Division of Corrections and Rehabilitation,
WILLIAM K. MARSHALL III, individually as an employee of the West
Virginia Division of Corrections and Rehabilitation, MICHAEL
FRANCIS, individually as an employee of the West Virginia Division
of Corrections and Rehabilitation, PRIMECARE MEDICAL, INC.,
PRIMECARE MEDICAL OF WEST VIRGINIA, INC. THOMAS WEBER, BRETT
BAVINGTON, TODD HESKINS, KRISTA VALLANDINGHAM, MELISSA JEFFERY,
BRANDY EASTRIDGE, HELEN PERKINS, JESSICA MILLER, BRANDY EASTRIDGE,
WEXFORD HEALTH SOURCES, INC., MARY STONE, DANIEL CONN, ELAINE
GEDMAN, JOHN FROELICH, HUMAYAN RASHID, M.D., ANGELA NICHOLSON, MSN,
APRN, FNP-C, AMBER DUNCAN, LISA MULLENS, LPN, CASSEY BOLEN, JOHN
PENNINGTON, MA, LPC, NCC, NCSC, KENNADI SMITH, LPN, BRITTANI
MARSHALL, RN, ASHLEY STROUP, LPN, DONNA DEAN-CHRIVIA, JOHN AND JANE
DOE PRIMECARE AND WEXFORD EMPLOYEES, and TAYLOR BROOKS.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lnDAYz at no extra
charge.[CC]
BEYOND RESTAURANT: Clement Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Vincent Clement, on behalf of himself and all others similarly
situated v. BEYOND RESTAURANT GROUP, LLC, D/B/A POKEWORKS, Case No.
1:24-cv-08300 (S.D.N.Y., Dec. 2, 2024), is brought against
Defendant for its failure to design, construct, maintain, and
operate its website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people.
The Defendant's denial of full and equal access to the Website, and
therefore denial of the goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's website,
www.pokeworks.com (the "Website"), is not equally accessible to
blind and visually impaired consumers, it violates the ADA.
Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers, 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.
The Defendant is a company that owns and operates www.pokeworks.com
(its "Website"), offering features which should allow all consumers
to access the services Defendant offers.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: rsalim@steinsakslegal.com
BOCKMON & WOODY: Hardin Suit Removed to E.D. California
-------------------------------------------------------
The case styled as Wayne Hardin, individually and on behalf of all
others similarly situated v. BOCKMON & WOODY ELECTRIC CO., INC.,
and DOES 1 through 20, inclusive, Case No. STK-CV-WE-2024-11996 was
removed from the Superior Court of the State of California, County
of San Joaquin, to the United States District Court for the Eastern
District of California on Dec. 2, 2024, and assigned Case No.
2:24-cv-03361-JDP.
This case may be removed to this Court, as it presents a "federal
question" regarding preemption of Plaintiff's California Labor Code
claims, pursuant to Section 301 of the Federal Labor Management
Relations Act ("LMRA")." In the Complaint, 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 of which is for "Unfair Competition"
under California Business & Professions Code.[BN]
The Defendants are represented by:
Aaron B. Silva, Esq.
Matthew H. Green, Esq.
MURPHY AUSTIN ADAMS SCHOENFELD LLP
555 Capitol Mall, Suite 850
Sacramento, CA 95814
Phone: (916) 446-2300
Facsimile: (916) 503-4000
Email: asilva@murphyaustin.com
mgreen@murphyaustin.com
BODY CONTOUR: Faces T.S. Class Suit Over Invasion of Privacy
------------------------------------------------------------
T.S., individually and on behalf of all others similarly situated,
Plaintiff v. BODY CONTOUR CENTERS, LLC d/b/a SONO BELLO, a Delaware
limited liability company, Defendant, Case No. 2:24-cv-01944 (W.D.
Wash., November 25, 2024) seeks an order (i) declaring that
Defendant's conduct violates the Electronic Communications Privacy
Act, (ii) violates the California Invasion of Privacy Act; (iii)
violates the California Confidentiality of Medical Information Act;
(iv) requiring Defendant to cease the unlawful activities; and
awarding statutory damages to Plaintiff and the proposed Classes.
The Defendant owns and operates the website,
https://sonobello.com/, whereby consumers seeking to procure
medical treatment can schedule in person consultations for its
medical By utilizing and embedding the Facebook Tracking Pixel on
its website, the Defendant intentionally intercepted, endeavored to
intercept, and/or procured another person to intercept, the
electronic communications of Plaintiff and Class Members. Moreover,
the Defendant intentionally disclosed or endeavored to disclose
Plaintiff's and Class Members' electronic communications to
affiliates and other third parties, while knowing or having reason
to know that the information was obtained through the interception
of an electronic communication. By failing to receive the requisite
consent, the Defendant breached its duties of confidentiality and
unlawfully disclosed Plaintiff's personally identifiable
information and personal health information, says the suit.
Headquartered in Kirkland, WA, Body Contours Centers, LLC owns and
operates a national network of medical facilities under the brand
name Sono Bello. [BN]
The Plaintiff is represented by:
Wright A. Noel, Esq.
CARSON NOEL PLLC
20 Sixth Avenue NE
Issaquah, WA 98027
Telephone: (425) 837-4717
Facsimile: (425) 837-5396
E-mail: wright@carsonnoel.com
- and -
Sarah N. Westcot,Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 2100
Miami, FL 33131
Telephone: (305) 330-5512
Facsimile: (305) 679-9006
E-mail: swestcot@bursor.com
sbeck@bursor.com
BONJANGLES' RESTAURANTS: Faces Calabrese Suit Over Data Breach
---------------------------------------------------------------
DENNIS CALABRESE, individually and on behalf of all others
similarly situated, Plaintiff v. BOJANGLES’ RESTAURANTS, INC.,
Defendant, Case No. 5:24-cv-00673-D-RN (E.D.N.C., November 25,
2024) seeks to hold Defendant responsible for the harms it caused
Plaintiff and similarly situated persons in the preventable data
breach of Defendant's inadequately protected computer network.
On March 12, 2024, the Defendant detected suspicious activity on
its computer network, indicating a data breach. Based on a
subsequent forensic investigation, the Defendant determined that
cybercriminals infiltrated its inadequately secured computer
environment and thereby gained access to its data files between
February 19, 2024 through March 12, 2024. Accordingly, the
Plaintiff now brings this action individually and on behalf of the
Class and seeks actual damages and restitution. The Plaintiff also
seeks declaratory and injunctive relief, including significant
improvements to Defendant's data security systems and protocols,
future annual audits, Defendant-funded long-term credit monitoring
services, and other remedies as the court sees necessary and
proper.
Headquartered in Raleigh, NC, Bojangles Restaurants, Inc. operates
as fast-food chain company. It is known for fried chicken &
biscuits. [BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
Telephone: (919) 600-5003
Facsimile: (919) 600-5035
E-mail: sharris@milberg.com
- and -
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Will Rogers Pkwy, Suite 700
Oklahoma City, OK 73108
Telephone: (405) 389-4989
E-mail: abm@murphylegalfirm.com
C&S WHOLESALE: Class Expert Discovery in Goodman Due Feb. 21, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as ZIEGO GOODMAN, on behalf
of himself and others similarly situated, v. C&S WHOLESALE GROCERS,
LLC, Case No. 5:24-cv-04680-JMG (E.D. Pa.), the Court entered an
order pursuant to Federal Rule of Civil Procedure 16 and Local Rule
of Civil Procedure 16.1(b), as follows:
1. All motions to amend the Complaint and to join or add
additional
parties shall be filed on or before Feb. 21, 2025.
2. Discovery in this Pennsylvania Minimum Wage Act ("PMWA") case
will proceed in two phases: (1) initially on the Pennsylvania
state law class certification and motions for summary
judgment
on individual issues; and (2) all merits discovery necessary
for
trial and motions for summary judgment on class issues.
3. A status conference with counsel is scheduled for Tuesday,
Jan.
14, 2025 at 11:30 a.m. Plaintiff's counsel shall provide the
Court and opposing counsel with conference bridge details
(such
as a telephone number and access code) no later than Monday,
Jan. 6, 2025.
4. Another status conference with counsel is scheduled for
Thursday, Feb. 13, 2025 at 10:30 a.m. Plaintiff's counsel
shall
provide the Court and opposing counsel with conference bridge
details (such as a telephone number and access code) no later
than Monday, Feb. 3, 2025.
5. All fact and expert discovery in Phase (1) shall be completed
no
later than Feb. 21, 2025.
6. A status conference with counsel is scheduled for Thursday,
May
8, 2025 at 10:00 a.m. Plaintiff's counsel shall provide the
Court and opposing counsel with conference bridge details
(such
as a telephone number and access code) no later than Monday,
April 28, 2025.
7. A status conference with counsel is scheduled for Thursday,
July
3, 2025 at 10:00 a.m. Plaintiff's counsel shall provide the
Court and opposing counsel with conference bridge details
(such
as a telephone number and access code) no later than Monday,
June 23, 2025.
8. All fact and expert discovery in Phase (2) shall be completed
no
later than Aug. 4, 2025.
9. Motions for summary judgment and Daubert motions, if any,
shall
be filed by August 25, 2025. Responses shall be filed no
later
than Sept. 15, 2025. Motions and responses shall be filed in
the
form prescribed in Judge Gallagher's Policies and Procedures.
10. No later than Nov. 10, 2025, counsel for each party shall
serve
upon counsel for every other party a copy of each exhibit the
party expects to offer at trial.
11. No later than Nov. 17, 2025, each party shall file with the
Clerk of Court a pretrial memorandum.
12. All motions in limine shall be filed no later than Nov. 17,
2025. Responses, if any, shall be filed no later than Nov.
24,
2025.
13. A final pretrial conference will be held on Wednesday, Nov.
26,
2025, at 9:30 a.m., in Courtroom 4B, United States District
Court located at 504 West Hamilton Street, Allentown,
Pennsylvania 18101.
C&S Wholesale is a national wholesale grocery supply company.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qJCyoC at no extra
charge.[CC]
CALEEL + HAYDEN: Girtley Seeks Equal Website Access for the Blind
-----------------------------------------------------------------
KALARI JACKSON GIRTLEY, individually and on behalf of all others
similarly situated, Plaintiff v. CALEEL + HAYDEN, LLC, D/B/A GLO
SKIN BEAUTY, Defendant, Case No. 1:24-cv-12396 (N.D. Ill., Dec. 2,
2024) alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.gloskinbeauty.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Caleel + Hayden Inc provides cosmetic products. The Company
develops, markets, and distributes mineral-based cosmetics and
skincare products to dermatologists, cosmetic surgeons, licensed
aestheticians, spas, salons, and select specialty retailers. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
CANAL FURNITURE: Clement Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Vincent Clement, on behalf of himself and all others similarly
situated v. CANAL FURNITURE CORP., Case No. 1:24-cv-08297
(S.D.N.Y., Dec. 2, 2024), is brought against Defendant for the
failure to design, construct, maintain, and operate Defendant's
website, www.nyfurniture (the "Website"), to be fully accessible to
and independently usable by Plaintiff and other blind or
visually-impaired people.
The Defendant's denial of full and equal access to the Website, and
therefore denial of the goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Defendant's website is not equally
accessible to blind and visually impaired consumers; therefore,
Defendant is in violation of the ADA. Plaintiff now 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, 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.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which Defendant ensures the delivery of
such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: rsalim@steinsakslegal.com
CAREMARKPCS HEALTH: Flowers Seeks to Certify Rule 23 Class
----------------------------------------------------------
In the class action lawsuit captioned as KEVIN FLOWERS, On Behalf
of Himself and Other Arkansans Similarly Situated, v. CAREMARKPCS
HEALTH, L.L.C.; and CAREMARKPCS PENNSYLVANIA MAIL CLASS ACTION
PHARMACY, L.L.C., Case No. 4:24-cv-04031-SOH (W.D. Ark.), the
Plaintiff asks the Court to enter an order:
-- certifying the following Class pursuant to Federal Rule of
Civil
Procedure 23(a) and (b)(2) and (3):
"All citizens of Arkansas participating in a healthcare
insurance
plan where the prescription drug benefit is managed by Caremark
and Caremark requires participants to fill their maintenance
prescriptions at either a CVS retail pharmacy or through CVS
mail
order within the past five years preceding the filing of this
action and through certification of the Class and notification
of
its class members."
Excluded from the Class are the following:
a. Any member of the Class that timely opts out;
b. Any director, office, or other executive of the Defendants;
and,
c. The judicial officer presiding over this action, and his or
her
direct family members.
-- appointing Scott Poynter and Rodney Moore as Class Counsel
under
Rule 23(g), and for all other appropriate and just relief.
Mr. Flowers works for Holcim at its manufacturing plant in
Prescott, Arkansas. As a benefit to his employment, he has health
insurance and a prescription drug plan, which he partially pays
for.
CaremarkPCS Health, L.L.C., a Pharmacy Benefits Manager, manages
the Holcim prescription drug plan.
Caremark's prescription plan mandates that Flowers and the other
Holcim plan participants to fill their maintenance drug
prescriptions with either one of its own CVS retail pharmacy stores
or through its own mail order pharmacy.
Caremark has this same maintenance prescription drug requirement in
thousands of like prescription drug plans throughout Arkansas.
Caremark admits there are at least 68,000 unique individual members
of the Class.
Caremark provides pharmacy benefit management services.
A copy of the Plaintiff's motion dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3fl7xx at no extra
charge.[CC]
The Plaintiff is represented by:
Scott Poynter, Esq.
Daniel Holland, Esq.
Scout Snowden, Esq.
Clay Ellis, Esq.
POYNTER LAW GROUP, PLLC
4924 Kavanaugh Blvd.
Little Rock, AR 72207
Telephone: (501) 812-3943
E-mail: scott@poynterlawgroup.com
daniel@poynterlawgroup.com
scout@poynterlawgroup.com
clay@poynterlawgroup.com
- and -
Rodney P. Moore, Esq.
Jessica P. Koehler, Esq.
WRIGHT, LINDSEY & JENNINGS LLP
200 West Capitol Avenue, Suite 2300
Little Rock, AR 72201-3699
Telephone: (501) 371-0808
Facsimile: (501) 376-9442
E-mail: rpmoore@wlj.com
jkoehler@wlj.com
CARPET CULTURE: Website Inaccessible to the Blind, Hernandez Says
-----------------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. CARPET CULTURE RUG GALLERY, INC., Defendant,
Case No. 1:24-cv-08182 (E.D.N.Y., November 25, 2024) accuses the
Defendant of violating the Americans with Disabilities Act and the
New York City Human Rights Law.
The case arises from Defendant's failure to design, construct,
maintain, and operate its website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired people. Defendant failed to update or remove
access barriers to its website, causing the website and the
services integrated with such website to be completely inaccessible
to the blind. This inaccessibility denies blind patrons full and
equal access to the facilities, products, and services that
Defendant makes available to the non-disabled public, says the
suit.
Carpet Culture Rug Gallery, Inc. owns and operates the website,
www.carpet-culture.com, which sells new and antique handmade rugs
from around the world. It also offers services including rug
restoration, repair, cleaning, and rental. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
CHEXSYSTEMS INC: Class Rebuttal Expert Reports Due April 24, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Best v. ChexSystems, Inc.,
Case No. 1:24-cv-03228 (E.D.N.Y., Filed April 30, 2024), the Hon.
Judge Eric N. Vitaliano entered an order on motion for extension of
time to complete discovery as follows:
-- Affirmative expert reports on class March 6, 2025
certification issues are due on or
before:
-- A joint status letter to the Court March 20, 2025
informing the Court of completed
discovery items, outstanding discovery
items, and any discovery disputes must
be filed by:
-- Rebuttal expert reports on class April 24, 2025
certification Issues are due on or
before:
-- Expert depositions on class certification May 15, 2025
Issues on or before:
-- Dispositive motion practice on class May 29, 2025
certification issues on or before:
-- Fact discovery closes on: July 24, 2025
-- Affirmative expert reports on merits Aug. 21, 2025
issues are due by:
-- Rebuttal expert reports on merits Sept. 25, 2025
issues by:
-- Expert depositions on merits issues by: Oct. 30. 2025
The suit alleges violation of the Fair Credit Reporting Act
(FCRA).
Chex provides account verification services primarily for financial
institutions.[CC]
CHEYENNE CLUB: Marsh Seeks to Recover Dancers' Wages Under FLSA
---------------------------------------------------------------
VANITY MARSH, individually and on behalf of all others similarly
situated v. CHEYENNE CLUB OF ROLAND, INC. D/B/A CHEYENNE
GENTLEMEN'S CLUB, and JOEL PIERCE, Case No. 6:24-cv-00472-SPS (E.D.
Okla., Dec. 3, 2024) seeks to recover wages owed to the Plaintiff
and other dancers at Cheyenne Club under the Fair Labor Standards
Act.
The Plaintiff brings this action against Defendants to obtain
declaratory, injunctive, and monetary relief resulting from the
Defendants' misclassification of its exotic dancers as "independent
contractors" instead of "employees".
The Class that Plaintiff seeks to represent is composed of female
employees who, during the relevant time period, worked as exotic
dancers at Cheyenne Gentlemen's Club.
The Plaintiff contends that Cheyenne Club denied the Dancers their
fundamental rights under federal and state wage and hour laws,
causing them financial loss and injury.
Specifically, the Plaintiff alleges that Defendants intentionally
misclassified Dancers as independent contractors to deny them, and
all other class members, minimum wages due and other employment
benefits.
Additionally, the Plaintiff contends that Defendants imposed
unlawful tip sharing when Defendants required Dancers to share
their gratuities that patrons gave them with Defendants and other
employees working at the nightclub.
The Plaintiff worked various dates during the class period,
starting in 2018 through the end of her employment on October 5,
2024.
Throughout the course of her employment with Defendants, the
Plaintiff, like all other class members, was: (1) misclassified as
an independent contractor; (2) deprived of wages and other benefits
that she was entitled to as an employee, and (3) required to share
tip income with Defendants and their employees.
The Defendant controls, owns and operates the exotic entertainer
dance club, Cheyenne Gentlemen's Club.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Jonathan Herrera, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
jjh@federmanlaw.com
CIRCOR AEROSPACE: Zetina Suit Moved to C.D. Calif.
--------------------------------------------------
The Defendant in the case of GLORIA ZETINA, individually and on
behalf of all other similarly situated, Plaintiff v. CIRCOR
AEROSPACE, INC.; and DOES 1 to 50, inclusive, Defendants, filed a
notice to remove the lawsuit from the Superior Court of the State
of California, County of Riverside (Case No. CVRI2405960) to the
U.S. District Court for the Central District of California on Dec.
4, 2024.
The clerk of court for the Central District of California assigned
Case No. 5:24-cv-02578. The case is assigned to Judge Shashi H.
Kewalramani.
CIRCOR Aerospace, Inc. manufactures industrial valve products. The
Company provides check, relief and soleniod valves, regulators,
manifolds, and instrumentation valves. [BN]
The Plaintiff is represented by:
Thomas H. Petrides, Esq.
Gabrielle M. Mercurio, Esq.
VEDDER PRICE (CA), LLP
1925 Century Park East, Suite 1900
Los Angeles, CA 90067
Telephone: (424) 204-7700
Facsimile: (424) 204-7702
Email: tpetrides@vedderprice.com
gmercurio@vedderprice.com
COLONIAL LIFE: Bid for Class Certification Tossed as Moot
---------------------------------------------------------
In the class action lawsuit captioned as HENRY R. SEAWELL, III, et
al., v. COLONIAL LIFE & ACCIDENT INS. CO., Case No.
1:22-cv-00278-TFM-MU (S.D. Ala.), the Hon. Judge Terry Moorer
entered an order denying as moot the Plaintiffs' motion for class
certification. This resolves all the remaining issues before the
Court and a separate judgment will issue pursuant to Fed. R. Civ.
P. 58.
Because of the parties' agreement, and because of the overwhelming
amount of caselaw that appears contrary to Martinez-Mendoza, the
Court finds ruling on the class certification on the merits is
inappropriate under the circumstances.
Pending before the Court is Plaintiffs' Motion to Certify Class and
Memorandum in Support. The Defendant filed a response in
opposition, and Plaintiffs filed a reply.
After the motion for class certification was filed, on September
23, 2024, the Court entered an order granting summary judgment in
favor of Defendant and dismissing all of Plaintiffs' claims.
The Court now issues the order noting the contradictory caselaw
on the resolution of class certification motions after a motion for
summary judgment is granted.
Colonial Life offers supplemental health benefits for life
insurance, accident insurance, disability insurance and more.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Bb7XvY at no extra
charge.[CC]
CONNECTICUT GENERAL: Class Notice & Plan Order Entered in Issokson
------------------------------------------------------------------
In the class action lawsuit captioned as Issokson v. Connecticut
General Corporation, et al., Case No. 3:18-cv-30070 (D. Mass.,
Filed May 17, 2018), the Hon. Judge Mark G. Mastroianni entered an
order regarding class notice and plan:
-- The court agrees with Defendants that the class notice should
include January 24, 2024, the date of the court's order
certifying
the class, as the end of the class period.
-- First, the Plaintiff's counsel proposed the class definition
of
"between January 1, 2014, and the present" which the court
adopted
in its class certification order.
-- Second, while there has been a delay between the court's class
certification order and the issuance of class notice due
largely
to Defendants' unsuccessful Rule 23(f) petition with the First
Circuit, Plaintiff has provided no authority for the contention
that such a delay merits an amendment to the class definition
and
has not explained why Nov. 29, 2024, would be an appropriate
end-date.
-- The Plaintiffs' proposed end date appears entirely arbitrary.
Under these circumstances, the court finds Jan. 24, 2024, is
the
appropriate end-date to the class period and orders that the
class
notice include that date in the appropriate locations.
The nature of suit states Diversity-Breach of Contract.[CC]
CONSERVATION SOCIETY: Simmonds Alleges Unfair Labor Practices
-------------------------------------------------------------
LISHA SIMMONDS, on behalf of herself and all others similarly
situated, and the general public, Plaintiff v. CONSERVATION SOCIETY
OF CALIFORNIA, a California corporation; OAKLAND ZOO, a business
entity of II unknown form; and DOES 1 through 50, inclusive,
Defendants, Case No. 24CV095737 (Cal. Super., Alameda Cty., October
15, 2024) arises from the Defendants' alleged unlawful labor
practices in violation of the California Labor Code and the
California Business and Professions Code.
The Plaintiff alleges that Defendants have failed to pay her and
all others similarly situated overtime wages at the correct rate;
failed to provide them with meal periods; failed to provide them
with rest periods; failed to pay them premium wages for missed meal
and rest periods; failed to provide them with accurate written wage
statements; failed to reimburse them with necessary business
expenditures; failed to pay them all their final wages following
separation of employment; and engaged in unfair competition.
The Plaintiff worked for Defendants as a non-exempt employee during
the relevant and statutory periods.
Conservation Society of California manages and operates Oakland Zoo
situated in California.[BN]
The Plaintiff is represented by:
Emil Davtyan, Esq.
David Yeremian, Esq.
David Keledjian, Esq.
David Arakelyan, Esq.
D.LAW, INC.
450 N. Brand Blvd., 8th Floor
Glendale, CA 91205
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
CONSOLIDATED SCAFFOLDING: Aquino-Moreno Seeks Unpaid Wages
----------------------------------------------------------
LUIS AQUINO-MORENO, individually and on behalf of all those
similarly situated, Plaintiff v. CONSOLIDATED SCAFFOLDING, INC. and
TOM BOWES, Jointly and Severally, Defendants, Case No.
1:24-cv-09030 (S.D.N.Y., November 25, 2024) alleges violations of
the Fair Labor Standards Act, the New York Labor Law, and
supporting regulations.
The Plaintiff was employed by Defendants as a scaffolder from
approximately August 1, 2022 to July 4, 2024. Throughout
Plaintiff's employment, he was paid straight-time for all hours
worked and received no overtime wages whatsoever, despite working
in excess of 40 hours each week. In addition, he often did not get
his full hour lunch break, and sometimes worked with no break at
all. Accordingly, the Plaintiff now seeks appropriate relief for
Defendants' unlawful compensation policies and practices.
Headquartered in Briarcliff Manor, NY, Consolidated Scaffolding,
Inc. provides scaffolding installation services. [BN]
The Plaintiff is represented by:
Brandon A. Thomas, Esq.
THE LAW OFFICES OF BRANDON A. THOMAS, PC
1 Glenlake Parkway, Suite 650
Atlanta, GA 30328
Telephone: (678) 862-9344
Facsimile: (678) 638-6201
E-mail: brandon@overtimeclaimslawyer.com
CONTINENTAL CAFE: Wood Files Suit in E.D. Michigan
--------------------------------------------------
A class action lawsuit has been filed against Continental Cafe
Holdings, LLC. The case is styled as David Wood, individually and
on behalf of all others similarly situated v. Continental Cafe
Holdings, LLC, Case No. 2:24-cv-13189-RJW-DRG (E.D. Mich., Dec. 2,
2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Continental Cafe Holdings is a food and beverage service contractor
headquartered in Michigan.[BN]
The Plaintiff is represented by:
E. Powell Miller, Esq.
MILLER LAW FIRM
950 West University Drive, Ste. 300
Rochester, MI 48307
Phone: (248) 841-2200
Fax: (248) 652-2852
Email: epm@millerlawpc.com
CORE ATLANTA SPRING: Kirchner Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against CORE ATLANTA SPRING
STREET LLC. The case is styled as Christopher Kirchner, and all
others similarly situated v. CORE ATLANTA SPRING STREET LLC, Case
No. 24-C-11327-S1 (Ga. Ct., Gwinnett Cty., Dec. 2, 2024).
The case type is stated as "Other General Civil."
CORE ATLANTA SPRING STREET LLC is a Foreign Limited Liability
Company.[BN]
The Plaintiff is represented by:
Shimshon Wexler, Esq.
SHIMSHON WEXLER, ATTORNEY AT LAW - ATLANTA, GA
315 West Ponce De LeonSuite 250
Atlanta, GA 30030
Phone: (212) 760-2400
CREWS CONTROL: Class Discovery Deadline in Stevens Suit Due Dec. 24
-------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT STEVENS,
individually and on behalf of all others similarly-situated, v.
CREWS CONTROL, LLC, Case No. 2:23-cv-01863-MJH (W.D. Pa.), the Hon.
Judge Marilyn Horan entered an order granting the parties' joint
motion to extend the case management deadlines:
-- Phase 1 of Class Discovery deadline is Dec. 24, 2024
-- Stipulation Selecting ADR Process due Dec. 24, 2024
-- Plaintiff's Motion for Conditional Class Certification is due
Jan. 20, 2024
-- Defendant's response to Plaintiff's Motion for Conditional
Class
Certification is due Feb. 10, 2025
The Court will schedule the Post-Discovery Status Conference and
set remaining deadlines after its disposition on Plaintiff's Motion
for Conditional Class Certification.
Crews Control is a WBE Certified, reliable, dedicated, and
knowledgeable traffic control company.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HtS2Lj at no extra
charge.[CC]
CSC HOLDINGS: Holman Sues Over Unlawful Telephone Solicitations
---------------------------------------------------------------
DENISE HOLMAN, individually and on behalf of all others similarly
situated v. CSC HOLDINGS, LLC D/B/A OPTIMUM MOBILE, Defendant, Case
No. 1:24-cv-08148 (E.D.N.Y., November 22, 2024) accuses the
Defendant of violating the Telephone Consumer Protection Act.
On or about September 7 and November 10, 2024, the Defendant made
unlawful telephone solicitations to Plaintiff's cellular telephone.
The telephone solicitations were initiated at 9:15 PM and 1:39 AM
in Plaintiff's time zone. The Plaintiff, however, never signed any
type of authorization permitting or allowing Defendant to send them
telephone solicitations before 8:00 AM or after 9:00 PM, says the
suit.
Headquartered in Long Island City, NY, CSC Holdings, LLC provides
cable and telecommunications services. [BN]
The Plaintiff is represented by:
Zane C. Hedaya, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (813) 340-8838
E-mail: zane@jibraellaw.com
CSX TRANSPORTATION: Bell Suit Transferred to M.D. Florida
---------------------------------------------------------
The case captioned as Daniel Bell, Jeremy Bright, Andrew Brown,
Jared Brown, Jeff Burgess, Hank Crossman Jr., Nathan Dove, Ken
Enlow, Jason Ewing, Justin Foringer, Scott Gales, Barry Gillum,
Lamont Paulk, Joseph Richardson, Moussa Sayed, Chris Scott, Jason
Siewert, William Wasdin, Cleatis Webb, and Jeffrey Whisner,
individually and on behalf of others similarly situated v. CSX
Transportation, Inc., Case No. 1:18-cv-00744 was transferred from
the United States District Court for the District of Maryland, to
the United States District Court for the Middle District of Florida
on Dec. 2, 2024.
The District Court Clerk assigned Case No. 8:24-cv-02777-VMC-LSG to
the proceeding.
The nature of suit is stated as Labor for Family and Medical Leave
Act.
CSX -- https://www.csx.com/ -- is a leading supplier of rail-based
freight transportation in North America.[BN]
The Plaintiff is represented by:
Perry Matthew Darby, Esq.
DARBY LAW GROUP, LLC
201 International Circle, Ste. 500
Hunt Valley, MD 21030
Phone: (833) 601-7245
Fax: (667) 770-6660
Email: pmdarby@bsgfdlaw.com
- and -
Adam W. Hansen, Esq.
APOLLO LAW LLC
333 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Phone: (612) 927-2969
Fax: (419) 793-1804
Email: adam@apollo-law.com
- and -
Jonathan L. Stone, Esq.
THE MOODY LAW FIRM, INC.
500 Crawford Street, Suite 200
Portsmouth, VA 23704
Phone: (757) 393-4093
Email: jstone@moodyrrlaw.com
- and -
Mark E. Thomson, Esq.
Nicholas D Thompson, Esq.
CASEY JONES LAW FIRM
323 N Washington Ave, Ste 200
Minneapolis, MN 55401
Phone: (612) 293-5249
Email: mthomson@caseyjones.law
nthompson@caseyjones.law
The Defendant is represented by:
Donald J. Munro, Esq.
Michelle Barineau, Esq.
Nikki L McArthur, Esq.
Thomas R Chiavetta, Esq.
JONES DAY
51 Louisiana Avenue, Nw
Washington, DC 20001
Phone: (202) 879-3922
Email: dmunro@jonesday.com
mbarineau@jonesday.com
nmcarthur@jonesday.com
tchiavetta@jonesday.com
- and -
Joshua Ian Hammack, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street NW, Suite 540
Washington, VA 20007
Phone: (202) 463-2101
Email: jhammack@baileyglasser.com
- and -
Lindsay M. Cogley, Esq.
JONES DAY
325 John H McConnell Blvd. Ste. 600
Columbus, OH 43215
Phone: (614) 469-3939
Fax: (614) 461-4198
Email: lcogley@jonesday.com
CUSTOMERS BANCORP: Chang Sues Over False and Misleading Statements
------------------------------------------------------------------
Chun Yao Chang, Individually and on behalf of all others similarly
situated v. CUSTOMERS BANCORP, INC., JAY S. SIDHU, and CARLA A.
LEIBOLD, Case No. 2:24-cv-06416-JS (E.D. Pa., Dec. 2, 2024), is
brought to recover compensable damages caused by Defendant's
violations of the federal securities laws under the Securities
Exchange Act of 1934 (the "Exchange Act") as a result of the
Defendants' materially false and/or misleading statements.
On February 29, 2024, after market hours, Customers Bancorp filed
with the SEC its annual report on Form 10-K for the year ending
December 31, 2023 (the "2023 Annual Report"). Attached to the 2023
Annual Report were certifications pursuant to the Sarbanes-Oxley
Act of 2002 ("SOX") signed by Defendants Sidhu and Leibold
attesting to the accuracy of financial reporting, the disclosure of
any material changes to the Company's internal control over
financial reporting and the disclosure of all fraud.
The statements contained materially false and/or misleading because
they misrepresented and failed to disclose the following adverse
facts pertaining to the Company's business, operations, and
prospects, which were known to Defendants or recklessly disregarded
by them. Specifically, Defendants made false and/or misleading
statements and/or failed to disclose that: Customers Bancorp had
inadequate anti-money laundering practices; as a result, it was not
in compliance with its legal obligations, which subjected it to
heightened regulatory risk; and as a result, Defendants' statements
about Customers Bancorp's business, operations, and prospects were
materially false and misleading and/or lacked a reasonable basis at
all times.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's common
shares, Plaintiff and the other Class members have suffered
significant losses and damages., says the complaint.
The Plaintiff purchased Customers Bancorp securities during the
Class Period and was economically damaged thereby.
Customers Bancorp is a bank holding company.[BN]
The Plaintiff is represented by:
Ian J. McDowell, Esq.
Jacob A. Goldberg, Esq.
Olivia D. Simkins, Esq.
THE ROSEN LAW FIRM, P.A.
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Phone: (215) 600-2817
Fax: (212) 202-3827
Email: imcdowell@rosenlegal.com
jgoldberg@rosenlegal.com
osimkins@rosenlegal.com
- and -
Phillip Kim, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: philkim@rosenlegal.com
DELAWARE: Faces Vial Suit Over Illegal Escheatment Scheme
---------------------------------------------------------
JAIME VIAL, as representative of the heirs of Rene Correa Borquez
and on behalf of all other similarly situated, Plaintiff v. BRENDA
MAYRACK, in her individual capacity and official capacity as
Director of the Office of Unclaimed Property of the State of
Delaware; BRIAN WISHNOW, in his official capacity as the Assistant
Director Enforcement of the Office of Unclaimed Property; and
RICHARD J. GEISENBERGER, in his official capacity as the Secretary
of Finance for the State of Delaware, and COLLEEN C. DAVIS, in her
official capacity as the Treasurer for the State of Delaware,
Defendants, Case No. 1:24-cv-01313-UNA (D. Del., Dec. 4, 2024)
seeks to challenge the constitutionality of Delaware's escheatment
scheme set forth in its Unclaimed Property Law, and other rules set
forth in unpublished manuals, rules, and practices (hereinafter the
"DUPL" or "Statute").
According to the complaint, because the DUPL is unconstitutional
both on its face and as applied, the Plaintiff seeks to secure
prospective declaratory and injunctive relief, including injunctive
relief requiring the Defendants to return the property belonging to
each the Plaintiff and Class Member or otherwise put them in the
same position monetarily as they would have occupied if the
property had not been unconstitutionally seized and taken by the
Director.
State of Delaware is located in the Eastern region of the United
States. The State provides a full range of services including
transportation, parks and recreation, health, education, social
services, and business development. Delaware has an economy that is
primarily based on banking, pharmaceuticals, and farming. [BN]
The Plaintiff is represented by:
Andrew C. Dalton, Esq.
DALTON & ASSOCIATES, P.A.
1106 West Tenth Street
Wilmington, DE 19806
Telephone: (302) 652-2050
Email: adalton@dalton.law
- and -
William W. Palmer, Esq.
PALMER LAW GROUP, PLC
2443 Fair Oaks Boulevard, No. 545
Sacramento, CA 95825
Telephone: (916) 972-0761
Facsimile: (916) 972-0877
Email: wpalmer@palmercorp.com
- and -
Jonathan S. Massey, Esq.
Bret R. Vallacher, Esq.
Matthew E. Layden, Esq.
MASSEY & GAIL LLP
1000 Maine Avenue SW Suite 450
Washington, D.C. 20024
Telephone: (202) 652-4511
Email: jmassey@masseygail.com
bvallacher@masseygail.com
mlayden@masseygail.com
DELICIAS CALENAS: Moreno Suit Seeks Unpaid OT for Restaurant Staff
------------------------------------------------------------------
OSCAR HERNANDEZ MORENO, individually and on behalf of all others
similarly situated, Plaintiff v. DELICIAS CALENAS 95TH INC. d/b/a
DELICIAS CALENAS BAKERY & RESTAURANT, DELICIAS CALENAS 73RD INC.
d/b/a DELICIAS CALENAS BAKERY & RESTAURANT, DELICIAS CALENAS #2,
INC. d/b/a DELICIAS CALENAS BAKERY & RESTAURANT, GRANO DE CAFE
BAKERY & RESTAURANT INC. d/b/a GRANO DE CAFE BAKERY & RESTAURANT,
GRANO DE CAFE DYCKMAN CORP. d/b/a GRANO DE CAFE BAKERY &
RESTAURANT, INGRID BEDOYA MORENO, JORGE CANO MORENO, and WILLIAM
BARONA, Defendants, Case No. 1:24-cv-08321 (E.D.N.Y., December 3,
2024) is a class action against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standards Act and the
New York Labor Law.
The Plaintiff worked for the Defendants as a non-exempt food
preparer/kitchen worker from 2012 until June 2020.
Delicias Calenas 95th Inc., doing business as Delicias Calenas
Bakery & Restaurant, is a restaurant owner and operator based in
New York.
Delicias Calenas 73rd Inc., doing business as Delicias Calenas
Bakery & Restaurant, is a restaurant owner and operator based in
New York.
Delicias Calenas #2, Inc. , doing business as Delicias Calenas
Bakery & Restaurant, is a restaurant owner and operator based in
New York.
Grano de Cafe Bakery & Restaurant Inc., doing business as Grano de
Cafe Bakery & Restaurant, is a restaurant owner and operator based
in New York.
Grano De Cafe Dyckman Corp., doing business as Grano de Café
Bakery & Restaurant, is a restaurant owner and operator based in
New York. [BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street, 40th Floor
New York, NY 10165
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
DFL PIZZA: Wins Bid to Deny Class Certification in Nagel
--------------------------------------------------------
In the class action lawsuit captioned as BENJAMIN NAGEL, on behalf
of himself and those similarly situated, v. DFL PIZZA, LLC; JAY
FEAVAL; CHARLES S. DOLAN; JOHN DOE CORP. 1-10; and JOHN DOE 1-10,
Case No. 1:21-cv-00946-DDD-SBP (D. Colo.), the Hon. Judge Daniel
Domenico entered an order that:
-- DFL's motion to dismiss is denied;
-- DFL's motion to deny class certification is granted, consistent
with this order; and
-- Plaintiff's motion for leave to file an amended complaint is
-- granted;
The Plaintiff has not met that burden. The Plaintiff offers no
evidence to dispute the existence of DFL's arbitration agreement or
the legitimacy of its records providing the number of employees who
signed it.
Even more, Plaintiff's statements regarding the sufficiency of
DFL’s evidence are wrong. Plaintiff states '[t]he unsigned
declaration does not offer any details about the contents of the
arbitration agreement or offer an example of it, it does not
explain how the agreements are presented to the delivery drivers,
and does not explain how the delivery drivers signed them. It
simply offers self-serving, "trust me," statements.'
But, DFL's briefs and exhibits, including the Dolan declarations
provided and referenced, provide all the information Plaintiff
contends does not exist.
Pizza delivery driver Benjamin Nagel brought this suit on behalf of
himself and other delivery drivers against various Domino's Pizza
franchises and their owners, Jay Feavel and Charles S. Dolan. The
suit proceeds as both a Rule 23 class action and a Fair Labor
Standards Act collective action.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=E2KRIm at no extra
charge.[CC]
DOHMAN, AKERLUND: Wear Sues Over Data Security Incident
-------------------------------------------------------
Kimberly Wear, individually and on behalf of all others similarly
situated v. DOHMAN, AKERLUND & EDDY L.L.C., a Nebraska Corporation,
Case No. 4:24-cv-03186-SMB-JMD (D. Neb., Oct. 17, 2024), is brought
arising out of the recent data security incident and data breach
that was perpetrated against Defendant (the "Data Breach"), which
held in its possession certain personally identifiable information
("PII") and protected health information ("PHI") (collectively, the
"Private Information") of Plaintiff and other current and former
patients of hospitals that Defendant provided auditing services to,
the putative class members ("Class").
The Private Information compromised in Defendant Dohman, Akerlund &
Eddy L.L.C.'s ("DA&E" or "Defendant") Data Breach included certain
personal or protected health information of individuals, including
Plaintiff. This Private Information included but is not limited to
"full name, address, date of birth, Social security numbers,
medical treatment/diagnosis information, dates of service, health
insurance provider name, health insurance claim information, and/or
treatment cost". The Private Information was "accessed and/or
acquired" by cyber-criminals who perpetrated the attack and remains
in the hands of those cyber-criminals. According to Defendant's
report to the U.S. Department of Health and Human Services Office
of Civil Rights, 9,941 or more individuals' Sensitive Data was
compromised.
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 Plaintiff and Class Members' Personal Information was
a known 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 losses, 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 compromised, 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 provided Defendant with her sensitive Private
Information as a requirement for her treatment with a hospital that
Defendant provided financial services to.
The Defendant provides financial, accounting and auditing services
to local individuals and businesses, such as local Aurora
hospitals.[BN]
The Plaintiff is represented by:
Joshua Sanford, Esq.
EKSM, LLP
10800 Financial Centre Pkwy, Suite 510
Little Rock, AK 72211
Phone: (501) 221-0088
Facsimile: (888) 787-2040
Email: jsanford@eksm.com
- and -
Leigh Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77066
Phone: (888) 350-3931
Facsimile: (888) 276-3455
Email: lmontgomery@eksm.com
EARN YOUR LEISURE: Brown Files TCPA Suit in N.D. Georgia
--------------------------------------------------------
A class action lawsuit has been filed against Earn Your Leisure
LLC. The case is styled as Angela Brown, individually and on behalf
of all others similarly situated v. Earn Your Leisure LLC doing
business as: Earn Your Leisure, Case No. 1:24-cv-04738-MHC (N.D.
Ga., Oct. 17, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Earn Your Leisure -- https://earnyourleisure.com/ -- is a college
business class mixed with pop culture.[BN]
The Plaintiff is represented by:
Clifford Carlson, Esq.
CLIFF CARLSON LAW, P.C.
1114-C1 Highway 96 #347
Kathleen, GA 31047
Phone: (478) 254-1018
Fax: (210) 441-6034
Email: cc@cliffcarlsonlaw.com
ELEVATOR CONSTRUCTORS: Class Cert Bid Tossed as Moot
-----------------------------------------------------
In the class action lawsuit captioned as BRADLEY J. MCLACHLAN et
al., v. THE BOARD OF TRUSTEES OF THE ELEVATOR CONSTRUCTORS ANNUITY
AND 401(K) RETIREMENT PLAN et al., Case No. 2:22-cv-04115-MMB (E.D.
Pa.), the Hon. Judge Michael Baylson entered an order denying as
moot the Plaintiffs' motion for class certification filed Nov. 1,
2023, and the Plaintiffs' unopposed motion for preliminary approval
of class action settlement, approval of form and manner of class
notice, and scheduling of fairness hearing.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oVzAx0 at no extra
charge.[CC]
FORTUNA BUSINESS: Sauceda Alleges Unlawful Labor Practices
----------------------------------------------------------
MARINA GUIA SAUCEDA, on behalf of herself and all others similarly
situated, and the general public, Plaintiff v. FORTUNA BUSINESS
MANAGEMENT CONSULTING, INC., a California corporation, GAINWELL
TECHNOLOGIES, LLC, a California limited liability company, and DOES
1 through 50, inclusive, Defendants, Case No. 24CV020857 (Cal.
Super., Sacramento Cty., October 15, 2024) arises from the
Defendants' alleged unlawful labor practices in violation of the
California Labor Code and the California Business and Professions
Code.
The complaint alleges the Defendants' failure to provide meal and
rest periods, failure to pay hourly wages and overtime, failure to
provide accurate written wage statements, failure to timely pay all
final wages, failure to indemnify, and engagement in unfair
competition.
The Plaintiff worked for Defendants as a non-exempt employee during
the relevant and statutory periods.
Fortuna Business Management Consulting, Inc. is an IT consulting
and staffing company.[BN]
The Plaintiff is represented by:
Emil Davtyan, Esq.
David Yeremian, Esq.
David Keledjian, Esq.
David Arakelyan, Esq.
D.LAW, INC.
450 N. Brand Blvd., 8th Floor
Glendale, CA 91205
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
FURTHERED INC: Class Cert Filing in Jolly Due Nov. 29, 2025
-----------------------------------------------------------
In the class action lawsuit captioned as Kamilah Jolly, et al., v.
FurtherEd, Inc., Case No. 1:24-cv-06401-LJL (S.D.N.Y.), the Hon.
Judge Lewis Liman entered an order setting a deadline of Nov. 29,
2025, for a motion for class certification.
-- That motion shall include any supporting evidence, including
relevant expert declarations.
The parties have engaged in settlement discussions.
Any motion to amend or to join additional parties shall be filed no
later than Feb. 3, 2025.
Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules
of Civil Procedure shall be completed no later than Dec. 18, 2024.
All fact discovery is to be completed no later than Sept. 8, 2025.
Any motion for summary judgment must be filed no later than Nov. 6,
2025.
FurtherEd is a platform for online continuing professional
education.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9CInAd at no extra
charge.[CC]
GLAXOSMITHKLINE: Settlement Hearing in Calchi Set for Jan. 21, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as NANCY CALCHI, individually
and on behalf of all others similarly situated, v. GLAXOSMITHKLINE
CONSUMER HEALTHCARE HOLDINGS (US) LLC and GSK CONSUMER HEALTH, INC.
Case No. 22-cv-01341 (KMK) (S.D.N.Y.), the Hon. Judge Kenneth Karas
entered a scheduling order as follows:
-- The actions are scheduled for a hearing to consider Plaintiffs'
motion for settlement class certification and preliminary
approval
of a class action settlement.
The hearing will be on Jan. 21, 2025, at 2:00 PM in Courtroom
521
at 300 Quarropas Street, White Plains, New York, 10601.
GSK is a British multinational pharmaceutical and biotechnology
company with headquarters in London.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=w3zTT6 at no extra
charge.[CC]
GT PRIVATE: Berry Seeks to Recover Unpaid Overtime Wages
--------------------------------------------------------
BLAKE BERRY, Individually and on behalf of all those similarly
situated, Plaintiff v. GT PRIVATE DETECTIVE AGENCY, LLC, and
GREGORY WILLIAMS, Defendants, Case No. 24-CV 1521 (E.D. Wis.,
November 25, 2024) seeks to recover unpaid overtime wages,
liquidated damages, civil penalties, and attorneys' fees and costs
under the Fair Labor Standards Act, and/or Wisconsin law.
Plaintiff Berry was employed by Defendants`as a security guard.
Allegedly, the Defendants failed to pay Plaintiff and other
security guards at a rate of at least one and one-half times their
regular rate of pay for all hours worked in excess of 40 in a
workweek.
GT Private Detective Agency, LLC, operates a business that provides
private security services. [BN]
The Plaintiff is represented by:
Connor J. Clegg, Esq.
Timothy P. Maynard, Esq.
Hawks Quindel, S.C.
5150 North Port Washington Road Suite 243
Milwaukee, WI 53217
Telephone: (414) 271-8650
Facsimile: (414) 207-6079
E-mail: cclegg@hq-law.com
tmaynard@hq-law.com
HAND HOSPITALITY: Son Seeks More Time to File Class Cert. Bid
-------------------------------------------------------------
In the class action lawsuit captioned as Son, et al., v. HAND
Hospitality LLC et al., Case No. 1:22-cv-04639-RWL (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order granting a short
extension of time to file Plaintiffs' reply to Plaintiffs' motion
for conditional certification of the collective, currently due this
Wednesday December 4, to Monday, December 23.
According to the complaint, the Plaintiffs' counsel has a time
sensitive New York State appellate brief that is coming due, and I
require more time to adequately draft Plaintiffs' reply in this
action.
Accordingly, the motion will be fully briefed as of December 23,
2024. Plaintiffs thank the Court for its time and attention to this
matter.
HAND Hospitality is a hospitality agency that produces and manages
restaurant brands while also collaborating and providing
consultation in other projects.
A copy of the Plaintiffs' motion dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=eJMpbq at no extra
charge.[CC]
The Plaintiffs are represented by:
Jenny S. Brejt, Esq.
VIRGINIA & AMBINDER LLP
40 Broad Street, 7th Floor
New York, NY 10004
Telephone: (212) 943-9080
E-mail: jbrejt@vandallp.com
HEALTHLINE MEDIA: Gliksman Sues Over Data Privacy Violations
------------------------------------------------------------
DANIEL GLIKSMAN, individually and on behalf of all others similarly
situated, Plaintiff v. HEALTHLINE MEDIA, LLC, Defendant, Case No.
3:24-cv-08650 (N.D. Cal., Dec. 2, 2024) alleges that the Defendant
utilizes pixels to track, record, and collect website user data
that is subsequently communicated to third party platforms and
advertisers without consent in violation of the California Invasion
of Privacy Act.
According to the Plaintiff in the complaint, the Pixels collect
data from Healthline's website visitors, without their consent,
which Healthline leverages to sell advertising space on its
websites and earn additional revenue. At the same time, the Pixels
allow Healthline to place advertisements on other companies'
websites, increasing brand awareness and sales.
The data that Healthline's Pixels surreptitiously collects from
consumers, can be used to identify specific individuals—even
without information such as the person's name or address—and
determine specific locations of the individual, all without
informing or obtaining consent from the person tracked, says the
suit.
Healthline Media, LLC is a provider of health information and
technology solutions for publishers, advertisers, employers,
healthcare providers, and health plans. [BN]
The Plaintiff is represented by:
Elizabeth A. Fegan, Esq.
FEGAN SCOTT LLC
100 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Telephone: (312) 741-1019
Facsimile: (312) 264-0100
Email: beth@feganscott.com
- and -
Megan E. Shannon, Esq.
FEGAN SCOTT LLC
150 S. Wacker Dr., 24th Floor
Chicago, IL 60606
Telephone: (312) 273-9476
Facsimile: (312) 264-0100
Email: megan@feganscott.com
HOSPITALITY SYRACUSE: Doucette Sues Over ADA Noncompliance
----------------------------------------------------------
LUTICHA DOUCETTE, individually and on behalf of all others
similarly situated, Plaintiff v. HOSPITALITY SYRACUSE, INC. and
DOES 1 to 25, Defendants, Case No. 6:24-cv-06690 (W.D.N.Y.,
November 25, 2024) asserts violations of Title III of the Americans
with Disabilities Act and its implementing regulations.
The Plaintiff's claims arise from her own experience with excessive
sloping conditions in purportedly accessible parking spaces, access
aisles, and curb ramps at places of public accommodation owned,
operated, controlled, and/or leased by Defendants.
Headquartered in Traverse City, MI, Hospitality Syracuse, Inc.
owns, leases, and/or operates at least 58 Taco Bell restaurants in
the state of New York. [BN]
The Plaintiff is represented by:
Benjamin J. Sweet, Esq.
NYE, STIRLING, HALE, MILLER & SWEET, LLP
101 Pennsylvania Boulevard, Suite 2
Pittsburgh, PA 15228
Telephone: (412) 857-5350
E-mail: ben@nshmlaw.com
- and -
Jordan T. Porter, Esq.
NYE, STIRLING, HALE, MILLER & SWEET, LLP
33 West Mission Street, Suite 201
Santa Barbara, CA 93101
Telephone: (805) 963-2345
E-mail: jordan@nshmlaw.com
HOUSE OF PRIME RIB: Hyatt Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against HOUSE OF PRIME RIB,
et al. The case is styled as Shawn Hyatt, on behalf of himself and
all others similarly situated v. HOUSE OF PRIME RIB A/K/A BETZ &
SONS, INC., JOSEF BETZ, STEVEN BETZ, DOES 1 TO 25, Case No.
CGC24620197 (Cal. Super. Ct., San Francisco Cty., Dec. 2, 2024).
The case type is stated as "Other Non-Exempt Complaints."
House OF Prime Rib -- https://www.houseofprimerib.net/ -- is an
old-school, English-style restaurant serving acclaimed prime rib &
martinis since the 1940s.[BN]
The Plaintiff is represented by:
Ryan L. Hicks, Esq.
HOYER & ASSOCIATES
4 Embarcadero Center, Ste 1400
San Francisco, CA 94111
Phone: 415-766-3539
Email: rhicks@hoyerlaw.com
J L AND COMPANY: Hernandez Sues Over Website Inaccessibility
------------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. J L AND COMPANY LIMITED, Defendant, Case No.
1:24-cv-08183 (E.D.N.Y., November 25, 2024) alleges violations of
the Americans with Disabilities Act and the New York City Human
Rights Law.
The violations stem from Defendant's failure to design, construct,
maintain, and operate its website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired people. The Plaintiff was injured when he
attempted multiple times, most recently on October 9, 2024 to
access Defendant's website from his home in an effort to shop for
Defendant's products, but encountered barriers that denied the full
and equal access to Defendant's online goods, content, and
services, says the suit.
J L and Company owns and maintains the website, www.johnlobb.com,
which serves as an online store. The website offers men's footwear
and leather accessories. [BN]
The Plaintiffs is represented by:
Rami Salim, Esq.
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
J&T RESTAURANTS: Must Provide Class Members' Info in Giblaint Suit
------------------------------------------------------------------
In the class action lawsuit captioned as MICAH GIBLAINT and CHLOE
HOSEK, and others similarly situated, J&T RESTAURANTS ROUND ROCK,
L.L.C.; J&T RESTAURANTS 2, L.L.C.; GKSD CREEKSIDE, L.L.C.; GKSD
ANDERSON LANE, L.L.C.; GKSD CEDAR PARK, L.L.C.; GKSD RESTAURANT
ENTERPRISES, L.L.C.; GKSD2 RESTAURANT ENTERPRISES, L.L.C.; JACK
GILMORE and TOM KAMM, Case No. 1:24-cv-00909-RP (W.D. Tex.), the
Court entered an order as follows:
(1) Within 21 days of this Order, the Defendants shall provide
to
Plaintiff's counsel the names, last known addresses, and
email
addresses of the potential class members defined as:
"All current and former food servers, also known as waiters
or
waitresses, except Lead Servers, employed by Defendants at
any
time during the three (3) years preceding the date the Order
for Notice is entered."
The forms of the Notice and Consent to Join attached to the
Motion are both approved in form and substance; and
(2) For any mailed Notice and Consent Form returned as
undeliverable without a forwarding address, Defendants will
furnish Plaintiff's counsel with the last four digits of
those
individual's social security numbers within three (3)
business
days of request by Plaintiff's counsel; and
(3) The Plaintiff's counsel shall mail the approved Notice to
the
Potential Plaintiffs within 14 days of receipt of the
information referred to in Paragraph 1 hereof. The Potential
Plaintiffs shall timely return his or her completed Consent
form to the Plaintiff's counsel postmarked on or before 75
days
after notice is mailed to remain eligible to participate in
the
collective action.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=s0oppZ at no extra
charge.[CC]
KEESAL & YOUNG: Fails to Secure Personal Info, Lipman Alleges
-------------------------------------------------------------
MICHAEL LIPMAN, individually and on behalf of all others similarly
situated v. KEESAL, YOUNG & LOGAN, Case No. 2:24-cv-10406 (C.D.
Cal., Dec. 3, 2024) arises from the Defendant's failure to secure
the personally identifiable information of the Plaintiff and the
members of the proposed Class, where Plaintiff provided his PII
indirectly to Defendant for insurance claims or litigation.
On June 13, 2024, KYL discovered suspicious activity on its
network. KYL determined that between June 7 and June 13, 2024, an
unauthorized actor downloaded files off its system, which contained
the PII of individuals that was being stored on KYL's systems (the
"Data Breach").
The PII intruders accessed and infiltrated from Defendant's systems
included individuals' name, Social Security number, financial
account information, driver's license number, passport number,
government identification number, date of birth, taxpayer
identification number, biometric information, and
username/password.
The Data Breach also involved the medical information and health
insurance information of some Class Members, which is protected
health information. As a result of the Data Breach, which the
Defendant failed to prevent, the Private Information of individuals
including Plaintiff (and Class Members) was stolen. Instead, the
Defendant disregarded the rights of Plaintiff and Class Members by
intentionally, willfully, recklessly, and/or negligently failing to
implement reasonable measures to safeguard Private Information and
by failing to take necessary steps to prevent unauthorized
disclosure that information, says the suit.
As a direct and proximate result of the Data Breach, the Plaintiff
and Class Members have suffered actual and present injuries,
including but not limited to:
(a) present, certainly impending, and continuing threats of
identity theft crimes, fraud, scams, and other misuses of
their Private Information;
(b) diminution of value of their Private Information;
(c) loss of benefit of the bargain (price premium
damages); and
(d) loss of value of privacy and confidentiality of the stolen
Private Information.
The Plaintiff seek to hold Defendant responsible for the injuries
they inflicted on Plaintiff and Class Members due to their
impermissibly inadequate data security measures, and to seek
injunctive relief to ensure the implementation of security measures
to protect the Private Information that remains in Defendant's
possession.
In April 2020, ZDNet reported in an article titled "Ransomware
mentioned in 1,000+ SEC filings over the past year", that
"ransomware gangs are now ferociously aggressive in their pursuit
of big companies. They breach networks, use specialized tools to
maximize damage, leak corporate information on dark web portals,
and even tip journalists to generate negative news for complaints
as revenge against those who refuse to pay."
KYL is a law firm with about 30 lawyers based in Long Beach,
California and with other offices in San Francisco, Seattle,
Anchorage, and Hong Kong.[BN]
The Plaintiff is represented by:
Kristen Lake Cardoso, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: cardoso@kolawyers.com
KENSINGTON SENIOR: Faces Hollenbeck Wage-and-Hour Suit in Calif.
----------------------------------------------------------------
JENNELYN HOLLENBECK, an individual and on behalf of all others
similarly situated, Plaintiff v. KENSINGTON SENIOR LIVING, LLC, a
Virgina Limited Liability Company; ZAMIRA CALDERON, an individual;
and DOES 1 through 100, inclusive, Defendants, Case No. 24STCV26964
(Cal. Super., Los Angeles Cty., October 15, 2024) arises from the
Defendants' alleged unlawful labor practices in violation of the
California Labor Code and the California Business and Professions
Code.
The complaint alleges the Defendants' failure to pay overtime
wages, failure to pay minimum wages, failure to provide meal and
rest periods, waiting time penalties, wage statement violations,
failure to timely pay wages, failure to indemnify, and engagement
in unfair competition.
The Plaintiff worked for the Defendants as a non-exempt employee,
with duties that included, but were not limited to, assisting,
bathing, feeding, lifting, carrying, and monitoring elderly
residents.
Kensington Senior Living, LLC is a property management company in
Reston, Virginia, doing business in the County of Los Angeles,
California.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Bijan Mohseni, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Boulevard
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
E-mail: david@tomorrowlaw.com
bijan@tomorrowlaw.com
KISS NUTRACEUTICALS: Allowed to Restrict Class Exhibits Access
--------------------------------------------------------------
In the class action lawsuit captioned as MELISSA GAMBOA, on her own
behalf and on behalf of all others similarly situated, v. KISS
NUTRACEUTICALS, KISS INDUSTRIES, LLC, COLE EVANS, and GRANT
DEAN,Case No. 1:22-cv-01141-WJM-TPO (D. Colo.), the Hon. Judge
Timothy P. O'Hara entered an order granting the Defendants'
unopposed motion for leave to restrict (level 1) access to exhibits
17 and 18 of Plaintiff's reply in support of her renewed motion for
class certification.
Kiss is a private label nutraceutical company specializing in
customized supplements.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=pbBYfK at no extra
charge.[CC]
LEGOLAND NEW YORK: Settlement Hearing Set for Jan. 15, 2025
-----------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER DEMMERLE,
RONNIERY DE LA CRUZ, PENG LI, individually and on behalf of all
others similarly situated, v. LEGOLAND NEW YORK, LLC and LEGOLAND
DISCOVERY CENTRE (MEADOWLANDS) LLC, Case No. 7:23-cv-11141-KMK
(S.D.N.Y.), the Hon. Judge Kenneth Karas entered a scheduling order
as follows:
-- The actions are scheduled for a hearing to consider the
Plaintiffs' motion for settlement class certification and
preliminary approval of a class action settlement.
-- The hearing will be on Jan. 15, 2025, at 10:00 AM in Courtroom
521
at 300 Quarropas Street, White Plains, New York, 10601.
Legoland is a theme park in Goshen, New York.
A copy of the Court's order dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vdAOZe at no extra
charge.[CC]
LOREAL USA INC: Painter Suit Transferred to D. Hawaii
-----------------------------------------------------
The case styled as Ellen Painter, Robert Hightower, Individually,
and on behalf of all others similarly situated v. Loreal USA, Inc.,
Does 1 through 10, inclusive, Case No. 6:24-cv-03077 was
transferred from the U.S. District Court for the Western District
of Missouri, to the U.S. District Court for the District of Hawaii
on Dec. 2, 2024.
The District Court Clerk assigned Case No. 1:24-cv-00512-MWJS-KJM
to the proceeding.
The nature of suit is stated as Other Fraud.
L'Oreal USA, Inc. -- https://www.loreal.com/en/usa/ -- manufactures
and markets cosmetic products. The Company's cosmetic line includes
brand names such as L'Oreal, L'Oreal Professionel, Maybelline,
Ralph Lauren Fragrances, and Georgio Armani Parfums.[BN]
The Plaintiffs are represented by:
Thomas P. Cartmell, Esq.
Melody Dickson, Esq.
WAGSTAFF & CARTMELL
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Phone: (816) 701-1100
Fax: (816) 531-2372
Email: tcartmell@wcllp.com
The Defendants are represented by:
Breanna Spackler, Esq.
7718 W. 144th Ter.,
Overland Park, KS 66223
Phone: (636) 699-5766
- and -
Cynthia A Castillo, Esq.
FARELLA BRAUN & MARTEL LLP
One Bush Street, Suite 900
San Francisco, CA 94104
Phone: (415) 954-4480
Fax: (415) 954-4480
- and -
Jason C. Smith, Esq.
SPENCER FANE LLP-SPFLDMO
2144 E. Republic Road, Ste. B300
Springfield, MO 65804
Phone: (417) 888-1013
Fax: (417) 881-8035
M.A. FORD: Class Cert Bid Filing in Harter Due Oct 27, 2025
-----------------------------------------------------------
In the class action lawsuit captioned as TIMOTHY HARTER and KEVIN
HAYS, on behalf of themselves and all others similarly situated, v.
M.A. FORD MFG. CO., INC. d/b/a M.A. FORD MANUFACTURING COMPANY,
INC., Case No. 3:24-cv-00056-SMR-SBJ (S.D. Iowa), the Hon. Judge
Stephen Jackson Jr. entered a scheduling order as follows:
1. A Jury Trial will be scheduled to begin on July 13, 2026, at
9:00
a.m., before United States Chief Judge Stephanie M. Rose, in
the
United States Courthouse, Davenport, Iowa. Estimated length of
trial is 5 days.
2. A Final Pretrial Conference will be held on June 17, 2026, at
11:00 a.m., in the United States Courthouse, Davenport, Iowa,
before United States Magistrate Judge Stephen B. Jackson, Jr.
3. The parties must exchange initial disclosures by December 10,
2024.
4. Motions to add parties must be filed by January 28, 2025.
5. Motions for leave to amend pleadings must be filed by January
28, 2025.
6. Plaintiffs must designate expert witnesses and disclose their
written reports by July 28, 2025.
7. Defendant must designate expert witnesses and disclose their
written reports by September 26, 2025.
8. Plaintiffs must designate rebuttal expert witnesses and
disclose
their written reports by October 27, 2025.
9. Motion for class certification must be filed by October 27,
2025. Response is due by December 11, 2025. Reply is due by
January 12, 2026.
10. Fact Discovery must be completed by December 29, 2025. Written
discovery must be propounded so that the time for response is
not
later than the deadline to complete discovery.
11. Dispositive motions must be filed by January 26, 2026.
Responses
are due by February 17, 2026. Replies are due by March 9,
2026.
12. Expert Discovery must be completed by March 30, 2026.
M. A. Ford is a provider of high performance carbide cutting tool
solutions.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UAiCyL at no extra
charge.[CC]
MAKO CATERING: Parties Seek Class Certification Scheduling Order
----------------------------------------------------------------
In the class action lawsuit captioned as DAMON COOK, JONATHAN KENO,
And All Others Similarly Situated, v. MAKO CATERING LLC and
MAGISTRATE JUDGE MAKO UNLIMITED LLC, Case No. 2:24-cv-02517-GGG-MBN
(E.D. La.), the Parties ask the Court to enter an order granting
joint motion for scheduling order for class certification:
Dec. 17, 2024 Commencement of class discovery
May 16, 2025 Completion of class discovery
June 18, 2025 Submission date on Motion to certify class
MAKO Catering provides catering personnel for major boat companies
and offshore oil rigs.
A copy of the Parties' motion dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ImhLQI at no extra
charge.[CC]
The Plaintiff is represented by:
Harry E. Morse, Esq.
Martin S. Bohman, Esq.
BOHMAN | MORSE, LLC
400 Poydras Street, Suite 2050
70130 New Orleans, LA 70119
Telephone: (504) 930-4009
Facsimile: (888) 217-2744
E-mail: harry@bohmanmorse.com
martin@bohmanmorse.com
- and -
Cayce Peterson, Esq.
Jeff Green, Esq.
JJC LAW LLC
3914 Canal St.
New Orleans, LA
Telephone: (504) 513-8820
E-mail: cayce@jjclaw.com
jeff@jjclaw.com
MARATHON PETROLEUM: Johnson Class Suit Removed to E.D. La.
----------------------------------------------------------
The case styled YOLONDA JOHNSON, LINDA WRIGHT, CARLA BORNE, MARY
CLARK AND MARY ANN ANDERSON, on behalf of a class of similarly
situated individuals v. MARATHON PETROLEUM COMPANY LP, Case No.
82355, was removed from the Parish of St. John the Baptist, 40th
Judicial District, State of Louisiana, to the United States
District Court for the Eastern District of Louisiana on October 15,
2024.
The District Court Clerk assigned Case No. 2:24-cv-02473-DJP-JVM to
the proceeding.
On August 22, 2024, the Plaintiffs commenced this lawsuit against
Marathon, asserting claims arising out of an accidental tank fire
at Marathon's refinery in Garyville, Louisiana on August 25, 2023.
The Plaintiffs allege that the fire and chemical release associated
with the Incident prompted a mandatory evacuation that closed roads
and forced workers and residents of Garyville from their homes for
an extended period of time. They specifically point to the alleged
release of naphtha as the damage causing substance. The Plaintiffs'
claims are based on general negligence, res ipsa loquitur, and
strict liability.
Marathon Petroleum Company LP provides oil refining, marketing, and
pipeline transportation services.[BN]
The Defendant is represented by:
Tim Gray, Esq.
McCann E. LeFeve, Esq.
Margaret W. McLaughlin, Esq.
Michael A. Morton, Esq.
FORMAN WATKINS & KRUTZ LLP
201 St. Charles Ave., Suite 2100
New Orleans, LA 70170
Telephone: (504) 799-4383
Facsimile: (504) 799-4384
MATTEL INC: Ricketson Sues Over Dolls' Misleading Age Labels
------------------------------------------------------------
HOLLY RICKETSON, individually and on behalf of all others similarly
situated, Plaintiff v. MATTEL, INC., Defendant, Case No.
2:24-cv-10389 (C.D. Cal., December 3, 2024) is a class action
against the Defendant for unjust enrichment, negligence, breach of
express warranty, breach of implied warranty of merchantability,
and violations of California's Consumers Legal Remedies Act,
California's False Advertising Law, and California's Unfair
Competition Law.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its Wicked
Dolls. According to the complaint, the products, as advertised for
children ages 4 and above, are unfit for their intended use because
they were printed with a link to a pornographic website. Parents
and consumers expect the products they purchase to coincide with
the age appropriateness labeled on them. As a result of the
Defendant's misrepresentations and omissions, the Plaintiff and
similarly situated consumers suffered damages.
Mattel, Inc. is a toy manufacturer, headquartered in El Segunda,
California. [BN]
The Plaintiff is represented by:
Eric M. Poulin, Esq.
Roy T. Willey, IV, Esq.
POULIN | WILLEY | ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
Facsimile: (843) 494-5536
Email: Eric.poulin@poulinwilley.com
roy@poulinwilley.com
MY TURTLE STORE: Website Inaccessible to the Blind, Jones Alleges
-----------------------------------------------------------------
CLAY LEE JONES, on behalf of himself and all others similarly
situated v. MY TURTLE STORE, LLC, Case No. 1:24-cv-09224-AS
(S.D.N.Y., Dec. 3, 2024) alleges that the Defendant failed to
design, construct, maintain, and operate Defendant's website,
www.myturtlestore.com, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired people in
violation of the Americans with Disabilities Act.
The Plaintiff is a blind, visually-impaired handicapped person and
a member of a protected class of individuals under the ADA, under
42 U.S.C. section 12102(1)-(2), and the regulations implementing
the ADA set forth at 28 CFR sections 36.101 et seq., and NYCHRL.
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.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which the Defendant ensures the delivery
of such goods throughout the United States, including New
York State.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: rsalim@steinsakslegal.com
NATURE'S WAY: Blind Users Can't Access Website, Jones Suit Claims
-----------------------------------------------------------------
CLAY LEE JONES, on behalf of himself and all others similarly
situated, Plaintiff v. NATURE'S WAY BRANDS, LLC, Defendant, Case
No. 1:24-cv-09225 (S.D.N.Y., December 3, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act and the New York City Human Rights Law and
declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.naturesway.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Nature's Way Brands, LLC is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
OREGON: Berman Alleges Violations of ADA & Fourteenth Amendment
---------------------------------------------------------------
PRESTON BERMAN, on behalf of themselves and a class of those
similarly situated, Plaintiffs v. OREGON; OREGON STATE HOSPITAL;
SARA WALKER, in her official capacity as interim superintendent of
the Oregon State Hospital; SEJAL HATID, in her official capacity as
Director of the Oregon Health Authority, Defendants, Case No.
6:24-cv-01968-MTK (D. Or., November 25, 2024) accuses the
Defendants of violating Plaintiff's rights under the Americans with
Disabilities Act and the Due Process Clause of the Fourteenth
Amendment.
The Plaintiff has resided at Oregon State Hospital since 2021, with
prior residencies from 2010 to 2015 and from 2019 to 2020. The
Plaintiff previously demonstrated his capacity to function in less
restrictive, community-like environments through his successful
participation in the OSH Salem Cottage program. However, OSH's
termination of the Salem Cottage program, among other supportive
measures, has led to increasingly restrictive and isolating
conditions that severely limit Plaintiff's autonomy and
opportunities for community integration. Moreover, the Plaintiff
asserts that OSH's policies violate the ADA's integration mandate,
which guarantees disabled individuals access to rehabilitative
services in the least restrictive setting.
OSH provides psychiatric treatment for adults from throughout the
state who need hospital-level care. [BN]
The Plaintiff appears pro se.
PARK TERRACE: Bails Suit Seeks Unpaid Wages Under FLSA
------------------------------------------------------
PATRICK BAILS, on behalf of himself and all others similarly
situated, Plaintiff v. PARK TERRACE REHABILITATION CENTER LLC,
Defendant, Case No. 3:24-cv-02057 (N.D. Ohio, November 25, 2024)
arises from Defendant's practices and policies of failing to pay
Plaintiff and other similarly situated employees for meal periods
during which they performed work and were not completely relieved
from duty, in violation of the Fair Labor Standards Act.
From January 2024 through November 2024, the Plaintiff was employed
by Defendant as a full-time, non-exempt employee with the title of
"license practical nurse." Allegedly, the Defendant has/had a
practice and policy of automatically deducting 30 minutes from
Plaintiff's and other similarly situated employees' pay each day
for a meal period, despite the fact that they frequently did not
receive a meal period and were required to perform work during
their unpaid meal periods. Moreover, the Plaintiff and other
similarly situated employees were denied significant amounts of
overtime compensation.
Park Terrace Rehabilitation Center LLC is a nursing and
rehabilitation center located in Toledo, OH. [BN]
The Plaintiff is represented by:
Matthew S. Grimsley, Esq.
Anthony J. Lazzaro, Esq.
Lori M. Griffin, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Building, Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: matthew@lazzarolawfirm.com
anthony@lazzarolawfirm.com
lori@lazzarolawfirm.com
PROVEN GROUP: Website Inaccessible to the Blind, Miller Alleges
---------------------------------------------------------------
KIMBERLY MILLER, on behalf of herself and all other persons
similarly situated v. PROVEN GROUP, INC., Case No. 1:24-cv-01187
(W.D.N.Y., Dec. 3, 2024) alleges that Noteworthy Scents failed to
design, construct, maintain, and operate its interactive website,
www.noteworthyscents.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 Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's Website will become and remain accessible to blind and
visually-impaired consumers. By failing to make its Website
available in a manner compatible with computer screen reader
programs, Defendant deprives blind and visually-impaired
individuals the benefits of its online goods, content, and services
-- all benefits it affords nondisabled individuals -- thereby
increasing the sense of isolation and stigma among those persons
that Title III was meant to redress, says the suit.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using her
computer. Plaintiff uses the terms "blind" or "visually-impaired"
to refer to all people with visual impairments who meet the legal
definition of blindness in that they have a visual acuity with
correction of less than or equal to 20 x 200. Some blind people who
meet this definition have limited vision. Others have no
vision.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
RCW INC: Jones Sues Over Blind Users' Equal Access to Online Store
------------------------------------------------------------------
CLAY LEE JONES, on behalf of himself and all others similarly
situated, Plaintiff v. RCW, INC., D/B/A M. GEMI, Defendant, Case
No. 1:24-cv-09232 (S.D.N.Y., December 3, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act and the New York City Human Rights Law and
declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website, www.mgemi.com,
contains access barriers which hinder the Plaintiff and Class
members to enjoy the benefits of its online goods, content, and
services offered to the public through the website. The
accessibility issues on the website include, but not limited to:
missing alt-text, hidden elements on web pages, incorrectly
formatted lists, unannounced pop ups, unclear labels for
interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
RCW, Inc., doing business as M. Gemi, is a company that sells
online goods and services, doing business in New York. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
SCHNADER HARRISON: Class Cert Filing in Bennett Due Feb. 18, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as JO BENNETT, v. SCHNADER
HARRISON SEGAL & LEWIS LLP, et al., Case No. 2:24-cv-00592-JMY
(E.D. Pa.), the Hon. Judge John Milton Younge entered an order
that:
1. All remaining deadlines in the Scheduling Order, including
subsequent modifications of said deadlines ordered by the
Court,
are vacated.
2. The Plaintiff shall file any motion for class certification
by
Feb. 18, 2025.
3. The parties shall file any motion seeking preliminary
approval
of the parties' settlement by Feb. 18, 2025.
Schnader Harrison is a full service law firm, with offices in
Pennsylvania, New York, New Jersey and California.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GPWMzc at no extra
charge.[CC]
SHEN YUN PERFORMING: Chang Sues Over Forced Labor Scheme
--------------------------------------------------------
CHUN-KO CHANG, individually and on behalf of all others similarly
situated, Plaintiff v. SHEN YUN PERFORMING ARTS, INC., FEI TIAN
COLLEGE, FEI TIAN ACADEMY OF THE ARTS, DRAGON SPRINGS BUDDHIST
INC., INTERNATIONAL BANK OF CHICAGO, SHUJIA GONG a/k/a TIANLIANG
ZHANG, HONGZHI LI, and RUI LI, Defendants, Case No. 7:24-cv-08980
(S.D.N.Y., November 25, 2024) seeks damages and injunctive relief
against the Defendants and asserts claims for numerous violations
of the Trafficking Victims Protection Reauthorization Act and the
New York Labor Law.
The case arises from Defendants' alleged forced labor scheme
involving minors or children as young as twelve years old. The
Defendants allegedly established protocols and practices that to a
system of coercion and control that extends to nearly every aspect
of their dancers' lives, and forces the dancers to labor long,
brutal hours for little to no pay. The Plaintiff was forced to work
as a Shen Yun dancer from age 13 until age 24. Accordingly, the
Plaintiff brings this case to protect other similarly situated
individuals, for damages that she and others similarly situated
individuals suffered as a result of Defendants' scheme to fore them
to labor under threat of serious harm and without pay, and to
enjoin Defendants from continuing their unlawful practices,
including the systemic practice of coercing children into forced
labor for Defendants' commercial benefit.
Shen Yun Performing Arts, Inc. is a nonprofit organization
established in New York State. It operates as a dance and music
company. [BN]
The Plaintiff is represented by:
Mariyam Hussain, Esq.
BERGER MONTAGUE PC
1820 West Division Street
Chicago, IL 60622
Telephone: (773) 666-4316
E-mail: mhussain@bm.net
- and -
Michael Dell'Angelo, Esq.
Michaela Wallin, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: 215-875-3000
E-mail: mdellangelo@bm.net
mwallin@bm.net
- and -
Times Wang, Esq.
Adam Farra, Esq.
FARRA & WANG PLLC
1300 I Street, N.W. Suite 400E
Washington, D.C. 20005
Telephone: (202) 505-6227
E-mail: twang@farrawang.com
afarra@farrawang.com
SHOE SENSATION: Crumwell Sues Over Website's Noncompliance of ADA
-----------------------------------------------------------------
DENISE CRUMWELL, on behalf of herself and all other persons
similarly situated, Plaintiff v. SHOE SENSATION, INC., Defendant,
Case No. 1:24-cv-09034 (S.D.N.Y., November 25, 2024) arises from
Defendant's failure to design, construct, maintain, and operate its
interactive website to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons.
The Defendant failed to make its website available in a manner
compatible with computer screen reader programs. It also failed to
update or remove access barriers on its website so it can be
independently accessible to the blind. Accordingly, the Plaintiff
seeks redress for Defendant's unlawful conduct and asserts claims
for violations of the Americans with Disabilities Act, the New York
State Human Rights Law, and the New York City Human Rights Law.
Headquartered in Jeffersonville, IN, Shoe Sensation, Inc. operates
the Shoe Sensation online retail store, as well as the Shoe
Sensation interactive website, which provides consumers with access
to an array of goods and services including information about
footwear and internet pricing specials. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
SHOE SHOW: Faces Jones Suit in North Carolina Court
---------------------------------------------------
A class action has been filed against Shoe Show, Inc. The case is
captioned as NICOLE JONES, individually and on behalf of all others
similarly situated v. SHOE SHOW, INC., Case No.
1:24-cv-00859-LCB-JEP (M.D.N.C., October 15, 2024).
The suit is brought over Defendant's alleged tort negligence.
The case is assigned to Judge Loretta C. Biggs.
Shoe Show, Inc. is an American footwear retailer based in Concord,
North Carolina. [BN]
The Plaintiff is represented by:
Leigh Skye Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (888) 350-3931
E-mail: firm@eksm.com
- and -
Sarah A. Knox, Esq.
HUNTER EVERAGE
5457 Monroe Road
Charlotte, NC 28212
Telephone: (704) 377-9157
Facsimile: (704) 377-9160
E-mail: sak@hunter-everage.com
SHOE SHOW: Midkiff Sues Over Failure to Secure & Safeguard PII
--------------------------------------------------------------
Rianna Midkiff, individually and on behalf of all others similarly
situated v. SHOE SHOW, INC., Case No. 1:24-cv-00858-LCB-JEP
(M.D.N.C., Oct. 17, 2024), is brought against Defendant for its
failure to properly secure and safeguard the personally
identifiable information ("PII") of Plaintiff and other similarly
situated customers of Defendant ("Class Members"), including their
names and Social Security numbers (the "Data Breach").
On October 9, 2024, Defendant sent Plaintiff Midkiff a notification
letter stating that her personal information, including her Social
Security number had been divulged to cybercriminals. The
Defendant's notification explained that cybercriminals had gained
access to one of its employee's email account, wherein the PII of
Plaintiff and Class Members were stored. The Defendant then
investigated and learned that the malicious activity occurred
between June 28, 2024, and July 6, 2024.
Given that the hackers were able to infiltrate Defendant's
information systems for six or seven days and perform malicious
activity--including reconnaissance and exfiltration functions that
should have had alarm bells ringing--it is likely that Defendant
failed to implement reasonable, industry standard cybersecurity
safeguards sufficient to detect malicious activity in a timely
manner, including monitoring, logging, and alerting systems such as
EDR, XDR, data loss prevention tools, and centralizing alerting and
logging.
Moreover, Defendant significantly delayed its investigation and
response. For example, though the malicious activity occurred in
July, Defendant did not notify Plaintiff and the proposed Class
Members until October 9, 2024, an egregious delay well past the
industry expectation of thirty to sixty days. This egregious delay
in notification further exacerbated Plaintiff's and the proposed
Class Members' injuries by forcing them to spend even more time
review financial and credit accounts for fraudulent activity and
attempts at identity theft.
The Defendant made implicit promises and representations to
Plaintiff and Class Members that their PII would be kept safe and
confidential, and that the privacy of that information would be
maintained. The Plaintiff and the proposed Class Members PII
provided their PII to Defendant with the reasonable expectation and
on the mutual understanding that Defendant would comply with its
obligations to keep such information confidential and secure from
unauthorized access, says the complaint.
The Plaintiff entrusted their information to the Defendant.
Shoe Show, Inc. is a corporation organized under the laws of North
Carolina with its principal place of business in Concord, North
Carolina.[BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5003
Fax: (919) 600-5035
Email: sharris@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
Phone: (866) 252-0878
Facsimile: (202) 686-2877
Email: dlietz@milberg.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
SIGNATURE HOMES: Stinnett Files TCPA Suit in C.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Signature Homes,
Inc., et al. The case is styled as Diana Stinnett, individually and
on behalf of all others similarly situated v. Signature Homes,
Inc., DOES 1-10, Case No. 2:24-cv-10352 (C.D. Cal., Dec. 2, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Signature Homes -- https://sighomes.com/ -- is a privately-held
homebuilder dedicated to the development of master-planned
communities and new home neighborhoods.[BN]
The Plaintiff is represented by:
Todd M. Friedman, Esq.
LAW OFFICES OF TODD M FRIEDMAN PC
21031 Ventura Blvd., Ste. 340
Woodland Hills, CA 91364-6522
Phone: 323-306-4234
Fax: 866-633-0228
Email: tfriedman@toddflaw.com
SKINSPIRIT ESSENTIAL: Fails to Pay Proper Wages, Rad Alleges
------------------------------------------------------------
SARAH RAD; and THE CALIFORNIA LABOR AND WORKFORCE DEVELOPMENT
AGENCY, individually and on behalf of all others similarly
situated, Plaintiff v. SKINSPIRIT ESSENTIAL, LLC; and DOES 1-15,
inclusive, Defendants, Case No. 25cv095295 (Cal. Super., Alameda
Cty., Oct. 9, 2024) seeks to recover from the Defendants unpaid
wages and overtime compensation, interest, liquidated damages,
attorneys' fees, and costs under the Fair Labor Standards Act.
Plaintiff Rad was employed by the Defendants as a assistant clinic
manager.
Skinspirit Essential, LLCis a clinical chain of aesthetic medical
treatments for the face and body. [BN]
The Plaintiff is represented by:
Randall B. Aiman-Smith, Esq.
Reed W.L. Marcy, Esq.
Hallie Von Rock, Esq.
Brent A. Robinson, Esq.
II Lisseth Bayona, Esq.
AIMAN-SMITH & MARCY
7677 Oakport St., Suite 1150
11 Oakland, CA 94621
Telephone:(510) 817-2711
Facsimile:(510) 562-6830
Email: ras@asmlawyers.com
rwlm@asmlawyers.com
hvr@asmlawyers.com
bar@asmlawyers.com
lb@asmlawyers.com
SOLSTICE BENEFITS: Lyngaas Seeks to Defer Summary Judgment
----------------------------------------------------------
In the class action lawsuit captioned as BRIAN J. LYNGAAS, D.D.S.,
P.L.L.C., individually and as the representative of a class of
similarly situated persons, v. SOLSTICE BENEFITS, INC. and JOHN
DOES 1–5, Case No. 2:22-cv-10830-LVP-CI (E.D. Mich.), the
Plaintiff asks the Court to enter an order to defer briefing and
consideration of summary judgment until 60 days after the Court has
ruled on whether class certification under the standards of Rule 23
is appropriate, consistent with the scheduling order in this case.
The Plaintiff submitted its initial motion and brief in support of
class certification on October 14, 2024. The Defendant submitted
its
brief in opposition to class certification on Nov. 22, 2024. The
Plaintiff's Reply Brief is currently due Dec. 9, 2024.
Pursuant to the modified scheduling order entered on Jan. 12, 2024,
motions for summary judgment are due no later than 60 days after
the Court’s decision on class certification.
Solstice is a multi-faceted benefits corporation providing insured
dental and vision plans.
A copy of the Plaintiff's motion dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Cg4nTy at no extra
charge.[CC]
The Plaintiff is represented by:
Richard E. Shenkan, Esq.
SHENKAN INJURY LAWYERS, LLC
6550 Lakeshore Street
West Bloomfield, MI 48323
Telephone: (248) 562-1320
Facsimile: (888) 769-1774
E-mail: rshenkan@shenkanlaw.com
- and -
Phillip A. Bock, Esq.
Robert M. Hatch, Esq.
David M. Oppenheim, Esq.
Jeffrey A. Berman, Esq.
BOCK HATCH & OPPENHEIM,
LLC
203 N. LaSalle St. Ste. 2100
Chicago, IL 60601
Telephone: (312) 658-5500
E-mail: service@classlawyers.com
TASTY RIBBON: Fernandez Seeks Equal Website Access for the Blind
----------------------------------------------------------------
JACQUELINE FERNANDEZ, individually and on behalf of all others
similarly situated, Plaintiff v. TASTY RIBBON, LLC, Defendant, Case
No. 1:24-cv-09184 (S.D.N.Y., Dec. 2, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.tastyribbon.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Tasty Ribbon, LLC is a modern, authentic, women-owned gifting
company featuring only curated Italian specialties sourced from the
most passionate artisans in Italy. The company's mission is to
redefine the traditional food gift basket industry by elevating
both corporate and personal gifting. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: rsalim@steinsakslegal.com
TEKBERRY INC: Amato Suit Removed to N.D. California
---------------------------------------------------
The case styled as William John Amato, an individual and on behalf
of all others similarly situated v. TEKBERRY, Inc., a Nevada
corporation; and DOES 1 through 100, inclusive, Case No. 24CV060148
was removed from the Superior Court of the State of California in
and for the County of Alameda, to the United States District Court
for the Northern District of California on Dec. 2, 2024, and
assigned Case No. 3:24-cv-08637-AGT.
The Plaintiff filed his Second Amended Complaint, which is the
operative Complaint. In the SAC, Plaintiff alleged for the first
time that he "was harmed because his private information was
obtained by Defendant unlawfully and deceptively without consent,"
and "had Defendant presented Plaintiff with a compliant background
check authorization form that did not suffer from these numerous
defects, Plaintiff may very well have elected not to provide
authorization to Defendant to obtain his credit report."[BN]
The Defendants are represented by:
Andrew W. Russell, Esq.
David Szwarcsztejn, Esq.
MCGUIREWOODS LLP
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Phone: (310) 315-8200
Fax: (310) 315-8210
Email: arussell@mcguirewoods.com
dszwarcsztejn@mcguirewoods.com
ULINE INC: Wilson Sues Over Blind Users' Equal Access to Website
----------------------------------------------------------------
HOWARD WILSON, on behalf of himself and all others similarly
situated, Plaintiff v. ULINE, INC., Defendant, Case No.
1:24-cv-12392 (N.D. Ill., December 2, 2024) is a class action
against the Defendant for violation of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website, www.uline.com,
contains access barriers which hinder the Plaintiff and Class
members to enjoy the benefits of its online goods, content, and
services offered to the public through the website. The
accessibility issues on the website include, but not limited to:
missing alt-text, hidden elements on web pages, incorrectly
formatted lists, unannounced pop ups, unclear labels for
interactive elements, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Uline, Inc. is a company that sells online goods and services,
doing business in Illinois. [BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: ysaks@steinsakslegal.com
UNITED AIRLINES: Removes Vollera Suit to C.D. Calif.
----------------------------------------------------
The Defendant in the case of EVA VOLLERA, individually and on
behalf of all others similarly situated, Plaintiff v. UNITED
AIRLINES, INC.; and DOES 1–50, inclusive, Defendants, filed a
notice to remove the lawsuit from the Superior Court of the State
of California, County of Los Angeles (Case No. 24STCV23617) to the
U.S. District Court for the Central District of California on Dec.
4, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 2:24-cv-10465. The case is assigned to Judge Alicia G
Rosenberg.
United Airlines, Inc. provides domestic and international airline
services. The Company offers bookings, reservations, trips, trip
insurance, and transportation for passengers. United Airlines
serves customers worldwide. [BN]
The Plaintiff is represented by:
Adam P. Kohsweeney, Esq.
Katy (Yin Yee) Ho, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Telephone: 415-984-8700
Facsimile: 415-984-8701
Email: akohsweeney@omm.com
kho@omm.com
UNITED STATES: Morinville Case Referred to Magistrate Judge
------------------------------------------------------------
In the class action lawsuit captioned as PAUL MORINVILLE, et al.,
v. UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO), Case No.
1:19-cv-01779-CKK-MJS (D.D.C.), the Hon. Judge Colleen
Kollar-Kotelly entered an order referring Morinville case to D.D.C.
Magistrate Judge to prepare a Report and Recommendation proposing
findings of fact and conclusions of law regarding the Plaintiffs'
motion to certify class.
The Magistrate Judge shall be selected by random assignment. The
Magistrate Judge may conduct hearings, including evidentiary
hearings, on any matter relevant to the disposition of this
Motion.
The Defendant is an agency in the U.S. Department of Commerce that
serves as the national patent office and trademark registration
authority for the United States.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TvixwA at no extra
charge.[CC]
VIRGIN GALACTIC: Parties Seeks to Adjust Class Cert. Briefing Sched
-------------------------------------------------------------------
In the class action lawsuit captioned as Lavin v. Virgin Galactic
Holdings, Inc. et al., Case No. 1:21-cv-03070-ARR-TAM (E.D.N.Y.),
the Parties ask the Court to enter an order granting a modest
adjustment to the class certification briefing schedule.
Since the Court's October 23 Order setting the class certification
briefing schedule, the Parties have been working diligently to
conduct discovery into class certification issues, including
producing and reviewing documents related to the proposed class
representatives' investments in Virgin Galactic securities and
conducting depositions of each of the proposed class
representatives, as well as plaintiffs’ class certification
expert.
Today, Defendants received a production of documents related to
requests that arose as a result of the class representatives'
depositions, the last deposition is currently scheduled for
tomorrow, December 4, and the Parties are conferring about a
possible additional production of documents.
The Defendants therefore request a one-week extension of time to
file their class certification opposition, from December 6 to
December 13, to allow Defendants adequate time to incorporate into
their opposition brief information they learn from the still
ongoing class certification discovery.
The Plaintiffs do not oppose the request, but seek a one-week
extension for their reply to correspond with Defendants' request
(which Defendants do not oppose), from January 3 to January 10,
2025. This is the Parties' first request for an extension of the
briefing schedule ordered by the Court.
Virgin Galactic is a British-American spaceflight company.
A copy of the Parties' motion dated Dec. 3, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=csiZqt at no extra
charge.[CC]
The Plaintiff is represented by:
Kara M. Wolke, Esq.
Ex Kano S. Sams II, Esq.
Natalie S. Pang, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
E-mail: kwolke@glancylaw.com
esams@glancylaw.com
npang@glancylaw.com
- and -
Jonathan Horne, Esq.
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Telephone: (212) 682-5340
E-mail: jhorne@rosenlegal.com
lrosen@rosenlegal.com
The Defendants are represented by:
Kevin M. McDonough, Esq.
Corey A. Calabrese, Esq.
Michele D. Johnson, Esq.
Kristin N. Murphy, Esq.
Ryan A. Walsh, Esq.
Colleen Smith, Esq.
LATHAM & WATKINS LLP
1271 Avenue of the Americas
New York, NY 10020
Telephone: (212) 906-1200
E-mail: kevin.mcdonough@lw.com
corey.calabrese@lw.com
michele.johnson@lw.com
kristin.murphy@lw.com
colleen.smith@lw.com
VISA INC: Williams Sues Over Unlawful Debit Card Surcharge
----------------------------------------------------------
JAMES WILLIAMS, individually and on behalf of all others similarly
situated, Plaintiff v. VISA, INC., Defendant, Case No.
3:24-cv-08708-JST (N.D. Cal., Dec. 4, 2024) is an action arising
from the unlawful retention by Visa, one of the largest payment
card services companies in the world, of a portion of surcharges
unlawfully imposed by merchants on consumers who use debit cards to
pay for everyday transactions.
The Plaintiff alleges in the complaint that by failing to enforce
the Defendant's own contracts with Acquirer banks who enable
merchants to accept Visa-branded debit cards, Visa ensures that it
receives a portion of such surcharges, in the form of "debit
assessment fees". Visa is not entitled to these funds and ought to
return them to its debit card holders.
The Defendant charged a surcharge when using a Visa-branded debit
card to engage in transactions with U.S.-based merchants. The
Plaintiff and Class Members thus seek compensation for the harm
suffered or, in the alternative, the return of Visa's unlawful
profits derived from debit card surcharges.
Visa Inc. operates a retail electronic payments network and manages
global financial services. The Company also offers global commerce
through the transfer of value and information among financial
institutions, merchants, consumers, businesses, and government
entities. [BN]
The Plaintiff is represented by
Wesley J. Farrell, Esq.
FARRELL LEGAL
1221 Brickell Avenue Suite 900
Miami, FL 33130
Email: wesfarrell@floridaattorney.com
- and -
Michael F. Ram, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6923
Email: mram@forthepeople.com
- and -
John A .Yanchunis, Esq.
Ronald Podolny, Esq.
Anthony Arzola, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 North Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 275-5272
Facsimile: (813) 222-4736
Email: jyanchunis@forthepeople.com
ronald.podolny@forthepeople.com
aarzola@forthepeople.com
VOLVO CAR: Fails to Pay Proper Wages, Gardenhire Alleges
--------------------------------------------------------
ANTONIO GARDENHIRE, individually and on behalf of all others
similarly situated, Plaintiff v. VOLVO CAR USA, LLC, Defendant,
Case No. 2:24-cv-10855 (D.N.J., Dec. 2, 2024) seeks to recover from
the Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Gardenhire was employed by the Defendant as a staff.
Volvo Car USA, LLC manufactures, markets, and sells automobiles.
The Company offers wholesale distribution of new and used passenger
automobiles.
The Plaintiff is represented by:
Camille Fundora Rodriguez, Esq.
Olivia S. Lanctot, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-4635
Email: crodriguez@bm.net
olanctot@bm.net
- and -
Mariyam Hussain, Esq.
BERGER MONTAGUE PC
1720 W. Division
Chicago, IL 60622
Telephone: (773) 666-4316
Email: mhussain@bm.net
WALGREEN CO: Duran Sues Over Unpaid Minimum and Overtime Wages
--------------------------------------------------------------
Concepcion Duran, and Alden Brutus, on behalf of themselves and all
others similarly situated v. WALGREEN CO., WALGREENS BOOTS
ALLIANCE, INC., WALGREEN PHARMACY SERVICES MIDWEST, LLC, GEORGIA
LEHOCZKY, individually, NIVIA SANTIAGO, individually, and BRUEL
FRANCOIS, individually, Case No. CACE-24-014989 (Fla. 17th Judicial
Cir. Ct., Broward Cty., Oct. 17, 2024), is brought to recover money
damages for: unpaid minimum and overtime wages under both federal
and Florida state law; unlawful retaliation / wrongful termination
under the FLSA and the FMWA; and defamation under Florida law.
Here, every Walgreens store is reviewed monthly on its
profitability and 50% Of each store's profitability review pettains
to how low it keeps its payroll. If a Store fails to satisfy its
profitability requirements, the store manager will not receive a
raise or performance-based incentives, If enough stores fail to
meet their respective profitability
goals, it will negatively affect the compensation Of executives
like Defendants Georgia
and Santiago.
As a result, Walgreens sought to increase profitability at the
store level by relying on its tried-and-true modus operandi:
manipulating (and even destroying) employee time records for the
purpose of reducing payroll expenditures by, inter alia, Avoiding
overtime payments, Not compensating Medication Therapy Management
("MTM") employees for all hours worked by forcing MTM employees to
work Off the clock before and after shifts, Misclassifying
employees to pay them lower rates of pay, says the complaint.
The Plaintiffs were employed by Defendants.
Walgreens is the largest retail drugstore Chain in the United
States based on both revenues and number of stores.[BN]
The Plaintiffs were represented by:
Douglas C. Broeker. Esq.
SWEETAPPLE, BROEKER & VARKAS, P. L.
12700 Biscayne Blvd Ste 402
Miami, FL 33181-2024
Phone: 305-374-5623
Email: doug@broekerlaw.com
- and -
Devand A. Sukhdeo, Esq.
SWEETAPPLE, BROEKER & VARKAS, P. L.
1305 Anhinga Dr.
Wellington, FL 33414-5056
Phone: 305-586-7177
Email: dev@sukhdeo.net
WARNER BROS: Collura Suit Alleges Securities Law Violations
-----------------------------------------------------------
RICHARD COLLURA, individually and on behalf of all others similarly
situated, Plaintiff v. WARNER BROS. DISCOVERY, INC., DAVID M.
ZASLAV, and GUNNAR WIEDENFELS, Defendants, Case No. 1:24-cv-09027
(S.D.N.Y., November 25, 2024), seeks to recover damages caused by
Defendants' violations of the federal securities laws and to pursue
remedies under Sections 10(b) and 20(a) of the Securities Exchange
Act of 1934 and Rule 10b-5 promulgated.
The Plaintiff brings this federal securities class action on behalf
of a class consisting of all persons and entities other than
Defendants that purchased or otherwise acquired Warner Bros.
Discovery (WBD) securities between February 23, 2024 and August 7,
2024, both dates inclusive. Throughout the said period, Defendants
made false and/or misleading statements and/or failed to disclose
that: (i) WBD's sports rights negotiations with the NBA were
causing, or were likely to cause, the Company to significantly
reevaluate its business and goodwill; (ii) WBD's goodwill in its
Networks segment had significantly deteriorated as a result of the
difference between its market capitalization and book value,
continued softness in certain U.S. advertising markets, and
uncertainty related to affiliate and sports rights renewals,
including with the NBA; (iii)and the foregoing significantly
increased the likelihood of WBD incurring billions of dollars in
goodwill impairment charges. Plaintiff alleges that Defendants had
overstated WBD's overall business and financial prospects.
WBD is a global media and entertainment company that provides a
portfolio of content, brands, and franchises across television,
film, streaming, and gaming outlets. [BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
James M. LoPiano, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
jlopiano@pomlaw.com
WHOLE FOODS: Ledesma Files Employment Suit in Calif. Super.
-----------------------------------------------------------
A class action has been filed against Whole Foods Market
California, Inc. The case is captioned as MARTIN HERRERA LEDESMA,
on behalf of others similarly situated v. WHOLE FOODS MARKET
CALIFORNIA, INC. and DOES 1-50, Case No. 24CV020889 (Calif. Super.,
Sacramento Cty., October 15, 2024).
The suit is brought over Defendants' alleged employment law
violation and is assigned to Hon. Christopher E. Krueger.
A case management conference is scheduled for May 16, 2025.
Whole Foods Market California, Inc. provides food services. The
Company offers meat, sea food, milk, eggs, olive oil, butter,
fruits, vegetables, cheese, and other related products. Whole Foods
Market operates Worldwide.[BN]
The Plaintiff is represented by:
Carlos Jimenez, Esq.
WILBERT RUFFIN: Haywood Files Suit in S.D.N.Y.
----------------------------------------------
A class action has been filed against Wilbert Ruffin, III. The case
is captioned as Trineze Lynette Haywood, individually and on behalf
of others similarly situated v. Wilbert Ruffin, III, et al., Case
No. 1:24-cv-07818-JLR (S.D.N.Y., October 15, 2024).
The case is brought over Defendant's unlawful conduct leading to
assault, libel and slander.
The suit is assigned to the Hon. Judge Jennifer L. Rochon.[BN]
The Plaintiff is represented by:
Allan Winston Horatio Jennings, Jr., Esq.
LAW OFFICES OF ALLAN JENNINGS, JR., ESQ.
42-40 Bell Boulevard, Suite 601
Bayside, NY 11361
Telephone: (917) 692-9790
E-mail: jenningslaws@gmail.com
YUMMI SUSHI: Diaz Files Suit in Cal. Super. Ct.
-----------------------------------------------
A class action lawsuit has been filed against YUMMI SUSHI, et al.
The case is styled as Angela Diaz, on behalf of all others
similarly situated v. YUMMI SUSHI, GBC FOOD SERVICES LLC, AUNG
THEIN, AUNG KATIE, Case No. 24STCV31607 (Cal. Super. Ct., Los
Angeles Cty., Dec. 2, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Yummi Sushi -- https://www.yummisushi.net/ -- is a proud supplier
of ready-to-go sushi packages to supermarkets and cafeterias.[BN]
The Plaintiff is represented by:
Paul K. Haines, Esq.
Sean M. Blakely, Esq.
Joel M. Gordon, Esq.
HAINES LAW GROUP, APC
2155 Campus Dr., Ste. 180
El Segundo, CA 90245-2656
Phone: 424-292-2350
Fax: 424-292-2355
Email: phaines@haineslawgroup.com
sblakely@haineslawgroup.com
jgordon@haineslawgroup.com
ZEAL OPTICS: Blind Users Can't Access Website, Wilson Suit Claims
-----------------------------------------------------------------
HOWARD WILSON, on behalf of himself and all others similarly
situated, Plaintiff v. ZEAL OPTICS, INC., Defendant, Case No.
1:24-cv-12387 (N.D. Ill., December 2, 2024) is a class action
against the Defendant for violation of Title III of the Americans
with Disabilities Act and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.zealoptics.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: missing alt-text, hidden elements on web pages,
incorrectly formatted lists, unannounced pop ups, unclear labels
for interactive elements, and the requirement that some events be
performed solely with a mouse, 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.
Zeal Optics, Inc. is a company that sells online goods and
services, doing business in Illinois. [BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
Email: ysaks@steinsakslegal.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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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.
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