/raid1/www/Hosts/bankrupt/CAR_Public/241212.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, December 12, 2024, Vol. 26, No. 249
Headlines
AMAZON RETAIL: Removes Talbert Suit to E.D. Calif.
AMERICAN HONDA MOTOR: Plotts Suit Transferred to D. Minnesota
AMERICAN NEIGHBORHOOD: Ellis Files Suit in D. New Jersey
AMINOFF AND CO: Agnone Sues Over Blind-Inaccessible Website
APPLE INC: CRC Suit Transferred to N.D. California
ASP ISOTOPES: Corredor Sues Over Exchange Act Violation
BANK OF AMERICA: Bid to File Class Cert Reply Under Seal OK'd
BANK OF AMERICA: Class Cert Bid Filing Due March 21, 2025
BIOTE CORP: Class Cert Bid Filing in Koontz Due July 10, 2025
BLUE WATER LAUNDRY: Frost Sues Over Blind-Inaccessible Website
BOJANGLES' RESTAURANTS: Portee Files Suit in E.D. North Carolina
BUECHEL STONE: Casillas Suit Removed to C.D. California
CABINETWORKS MICHIGAN: Fuller Seeks Conditional Class Certification
CALMAT COMPANY: Class Cert Bid Filing in Tejeda Due August 6, 2025
CHICO'S FAS INC: Crumwell Sues Over Blind-Inaccessible Website
CINTAS CORPORATE: Gutierrez Files Suit in Cal. Super. Ct.
COHEN CLEARY: Agreement Reached in Weekes Suit
CORE1 SECURITY: Batista Files Suit in Cal. Super. Ct.
CSX TRANSPORTATION: Bell Suit Transferred to S.D. Indiana
CUCKOO RENTAL: Faces Shim Wage-and-Hour Suit in D.N.J.
CWS CAPITAL: Fails to Protect Tenants' Personal Info, Shipp Says
DATAMAXX APPLIED: Archey Sues Over Failure to Safeguard PII
EAGLE WILTON MANORS: McKinstry Files TCPA Suit in S.D. Florida
ENDURA INT'L: Fernandez Sues Over Blind-Inaccessible Website
EVOLVE BANK: Miller Sues Over Mismanagement of Cash Deposits
FCA US: Enright Appeals 2nd Amended Suit Dismissal to 3rd Circuit
FEIT INDUSTRIES: Jones Sues Over Blind-Inaccessible Website
FISHER PRICE: Shahbaz Suit Transferred to W.D. New York
FITNESS INTERNATIONAL: Atia Files Suit in Fla. Ct.
GLAXOSMITHKLINE: Settlement Hearing Set for Jan. 21, 2025
LOVE MANAGEMENT: Fails to Pay Proper Overtime, Spurlock Says
LUXOTTICA OF AMERICA: Mahmud-Bey Appeals Arbitration Bid Ruling
MAKO CATERING: Class Cert Bid Filing in Cook Due June 18, 2025
MATCH GROUP: Meslage Sues Over Breaches of Securities Laws
NASCAR: Class Cert. Hearing in Myers Suit Set for April 7-11, 2025
NHE MANAGEMENT: Fails to Pay Proper Wages, Rosado Alleges
OLYMPUS GROUP: Green Sues Over Alleged Private Data Breach
RAM PAYMENT: Antico Suit Seeks Certify Class & Subclasses
RSA SECURITY: Koczwara Files Suit in Mass. Super. Ct.
RUGSUSA LLC: Burch Suit Removed to D. Columbia
SAG-AFTRA HEALTH: Fails to Prevent Data Breach, Rouillard Says
SIX FLAGS: Removes Tan Suit to the S.D. Calif.
SUMMIT PATHOLOGY: Pugliese Sues Over Unprotected Personal Info
SYMBOTIC INC: Decker Sues Over Securities Exchange Act Violation
TONES BY COCOA: Telfort Files TCPA Suit in S.D. Florida
VANN-VIRGINIA CENTER: Hamilton Files Suit in E.D. Virginia
VENEZUELA: Fails to Pay Interest on Debt Securities, Zahn Says
VPS of MI PLLC: Tipton Files Suit in E.D. Michigan
WERNER ENTERPRISES: Velasco Labor Suit Removed to C.D. Cal.
WERTHEIMER & SONS: Dury Files Suit in N.J. Super. Ct.
*********
AMAZON RETAIL: Removes Talbert Suit to E.D. Calif.
--------------------------------------------------
The Defendant in the case of RITA TALBERT, individually and on
behalf of all others similarly situated, Plaintiff v. AMAZON RETAIL
LLC; and DOES 1 through 50, inclusive, Defendants, filed a notice
to remove the lawsuit from the Superior Court of the State of
California, County of Placer (Case No. S-CV-0053875) to the U.S.
District Court for the Eastern District of California on Dec. 5,
2024.
The clerk of court for the Eastern District of California assigned
Case No. 1:24-at-00997. The case is assigned to Judge Dale A Drozd
and referred to Magistrate Jeremy D Peterson.
Amazon Retail LLC is engaged in the business retail sale of
products by television, catalog, and mail-order. [BN]
The Defendant is represented by:
Lauren M. Blas, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071-3197
Telephone: (213) 229-7000
Facsimile: (213) 229-7520
Email: lblas@gibsondunn.com
- and -
Megan Cooney, Esq.
Katie M. Magallanes, Esq.
Jessica M. Pearigen, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive, Suite 1200
Irvine, CA 92612-4412
Telephone: (949) 451-3800
Facsimile: (949) 451-4220
Email: mcooney@gibsondunn.com
kmagallanes@gibsondunn.com
jpearigen@gibsondunn.com
- and -
Joseph R. Rose, Esq.
GIBSON, DUNN & CRUTCHER LLP
One Embarcadero Center, Suite 2600
San Francisco, CA 94111-3715
Telephone: (415) 393-8277
Facsimile: )415) 374-8422
Email: jrose@gibsondunn.com
AMERICAN HONDA MOTOR: Plotts Suit Transferred to D. Minnesota
-------------------------------------------------------------
The case captioned as Alec Plotts, Marc Caine, Leticia Rivera, on
behalf of themselves and all others similarly situated v. American
Honda Motor Co., Inc., Case No. 2:22-cv-04529 was transferred from
the United States District Court for the Central District of
California, to the United States District Court for the District of
Minnesota on Dec. 3, 2024.
The District Court Clerk assigned Case No. 0:24-cv-04351-NEB-SGE to
the proceeding.
The nature of suit is stated as Other Contract.
The American Honda Motor Company, Inc. -- https://www.honda.com/ --
(sometimes abbreviated as AHM) is the North American subsidiary of
Japanese Honda Motor Company.[BN]
The Defendant is represented by:
John C. Mitchell, Esq.
KING & SPALDING LLP
50 California Street, Ste. 3300
San Francisco, CA 94111
Phone: (415) 318-1237
Fax: (415) 318-1300
Email: cmitchell@kslaw.com
AMERICAN NEIGHBORHOOD: Ellis Files Suit in D. New Jersey
--------------------------------------------------------
A class action lawsuit has been filed against AMERICAN NEIGHBORHOOD
MORTGAGE ACCEPTANCE COMPANY, LLC. The case is styled as Micah
Ellis, individually and on behalf of all others similarly situated
v. AMERICAN NEIGHBORHOOD MORTGAGE ACCEPTANCE COMPANY, LLC doing
business as: ANNIEMAC HOME MORTGAGE, Case No. 1:24-cv-10876
(D.N.J., Dec. 3, 2024).
The nature of suit is stated as Other P.I.
AnnieMac Home Mortgage d/b/a of American Neighborhood Mortgage
Acceptance Company, LLC -- https://annie-mac.com/ -- is a
nationwide mortgage loan provider.[BN]
The Plaintiff is represented by:
Edmund Charles Celiesius, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (267) 566-4495
Email: ed.celiesius@jtblawgroup.com
AMINOFF AND CO: Agnone Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Pasquale Agnone, on behalf of himself and all others similarly
situated v. Aminoff and Co, LLC, Case No. 2:24-cv-08330 (E.D.N.Y.,
Dec. 4, 2024), is brought against the Defendant for their failure
to design, construct, maintain, and operate their website to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services
Nepenthes America provides to their non-disabled customers through
https://www.watchmydiamonds.com (hereinafter "Watchmydiamonds.com"
or "the website"). The Defendant's denial of full and equal access
to its website, and therefore denial of its services offered, and
in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA").
Because Defendant's website, Watchmydiamonds.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in Aminoff and Co's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
Aminoff and Co provides to the public a website known as
Watchmydiamonds.com which provides consumers with access to
pre-owned and new luxury watches and related services which
Defendant offers in connection with their physical location.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Phone: 718.705.8706
Fax: 718.705.8705
Email: Uri@Horowitzlawpllc.com
APPLE INC: CRC Suit Transferred to N.D. California
--------------------------------------------------
The case captioned as Coronavirus Reporter Corporation, Calid,
Inc., Greenflight Venture Corporation, on behalf of themselves and
all others similarly situated v. Apple Inc., Case No. 1:24-cv-00053
was transferred from the United States District Court for the
District of Wyoming, to the United States District Court for the
Northern District of California on Dec. 3, 2024.
The District Court Clerk assigned Case No. 3:24-cv-08660-JCS to the
proceeding.
The nature of suit is stated as Anti-Trust.
Apple Inc. -- https://www.apple.com/ -- is an American
multinational corporation and technology company headquartered and
incorporated in Cupertino, California.[BN]
The Plaintiffs are represented by:
Keith Mathews, Esq.
ASSOCIATED ATTORNEYS OF NEW ENGLAND
1000 Elm Street, #800
Manchester, NH 03101
Phone: (603) 622-8100
Email: Keith@aaone.law
- and -
Melissa R Theriault, Esq.
WOODHOUSE RODEN AMES & BRENNAN, LLC
1912 Capitol Avenue, Suite 500
Cheyenne, WY 82001
Phone: (307) 432-9399
Email: melissa@wrablaw.com
The Defendant is represented by:
Julian Kleinbrodt, Esq.
Leah C Schwartz, Esq.
Rachel Susan Brass, Esq.
GIBSON, DUNN & CRUTCHER LLP
One Embarcadero Center, Suite 2600
San Francisco, CA 94111-3715
Phone: (415) 393-8382
Email: jkleinbrodt@gibsondunn.com
LSchwartz@parsonsbehle.com
rbrass@gibsondunn.com
ASP ISOTOPES: Corredor Sues Over Exchange Act Violation
-------------------------------------------------------
Alexander Corredor, individually and on behalf of all others
similarly situated v. ASP ISOTOPES INC., PAUL E. MANN, and HEATHER
KIESSLING, Case No. 1:24-cv-09253 (S.D.N.Y., Dec. 4, 2024), is
brought on behalf of persons and entities that purchased or
otherwise acquired ASP Isotopes securities between October 30, 2024
and November 26, 2024, inclusive (the "Class Period"). Plaintiff
pursues claims against the Defendants under the Securities Exchange
Act of 1934 (the "Exchange Act").
The Company purports to have multiple isotope enrichment plants
currently under development in South Africa. The Company is engaged
in the development of "quantum enrichment technology" which
allegedly uses lasers to produce enriched isotopes, including
Uranium-235. The Company purports to be in development of
high-assay low enriched uranium ("HALEU") reactors to be fueled by
Uranium-235 produced using its quantum enrichment technology. On
October 30, 2024, the Company announced it had entered into a term
sheet with TerraPower, LLC "related to the construction of a
uranium enrichment facility capable of producing High Assay
Low-Enriched Uranium (HALEU) and the future supply of HALEU to
TerraPower."
On November 26, 2024, at approximately 10:00 a.m. Eastern Standard
Time, market research firm Fuzzy Panda Research published a report
which alleged that the Company is "using old, disregarded laser
enrichment technology to masquerade as a new, cutting-edge Uranium
enrichment." The report quoted a former employee of Klydon (the
company ASP Isotopes purchased its "proprietary" technology from)
as stating scientists "did not think it would work on Uranium."
On this news, the Company's stock price fell $1.80 or 23.53%, to
close at $5.85 per share on November 26, 2024, on unusually heavy
trading volume. The stock continued to fall on the subsequent
trading date, falling $0.83 or 14.19%, to close at $5.02 per share
on November 27, 2024, on unusually heavy trading volume.
The Defendants made materially false and/or misleading statements,
as well as failed to disclose material adverse facts about the
Company's business, operations, and prospects. Specifically,
Defendants failed to disclose to investors: the Company overstated
the potential effectiveness of its enrichment technology; the
Company overstated the development potential of its high assay
low-enriched uranium facility; the Company overstated the Company's
nuclear fuels operating segment results; and that, as a result of
the foregoing, Defendants' positive statements about the Company's
business, operations, and prospects were materially misleading
and/or lacked a reasonable basis. As a result of 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, says the
complaint.
The Plaintiff purchased ASP Isotopes securities during the Class
Period.
ASP Isotopes is a development stage advanced materials company
focused on the production, enrichment, and sale of isotopes.[BN]
The Plaintiff is represented by:
Gregory B. Linkh, Esq.
Rebecca Dawson, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave, Suite 358
New York, NY 10169
Phone: (212) 682-5340
Facsimile: (212) 884-0988
Email: glinkh@glancylaw.com
rdawson@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Facsimile: (310) 201-9160
- and -
Frank R. Cruz, Esq.
THE LAW OFFICES OF FRANK R. CRUZ
2121 Avenue of the Stars, Suite 800
Century City, CA 90067
Phone: (310) 914-5007
BANK OF AMERICA: Bid to File Class Cert Reply Under Seal OK'd
-------------------------------------------------------------
In the class action lawsuit re Bank of America California
Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB
(S.D. Cal.), the Hon. Judge Gonzalo Curiel entered an order
granting motion to file documents under seal regarding the
Plaintiffs’ reply in support of motion for class certification:
1. Portions of Plaintiffs' Reply in support of Motion for Class
Certification;
2. Portions of Plaintiffs' Index of Exhibits in support of the
Reply;
3. Portions of Exhibits 158, 159, 160, 161, 162, 174, and 178
attached to the Supplemental Declaration of Connie K. Chan
("Supplemental Declaration"); and
4. Exhibits 164, 165, 166, 167, 168, 177, 179, 180, 181, 182,
and
183 attached to the Supplemental Declaration.
Bank of America is the world's largest financial institutions,
serving individuals, small- and middle-market businesses and large
corporation.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=PB5bZB at no extra
charge.[CC]
BANK OF AMERICA: Class Cert Bid Filing Due March 21, 2025
---------------------------------------------------------
In the class action lawsuit captioned as GIOVANNA BOLANOS, et al.,
v. BANK OF AMERICA, N.A., Case No. 3:23-cv-04027-JCS (N.D. Cal.),
the Hon. Judge Joseph Spero entered a case management and pretrial
order as follows:
1. An updated joint case management conference statement is due
Feb. 19, 2025.
2. A further case management conference is set for Feb. 26, 2025
at
2:00 PM by Zoom videoconference.
3. Court sets the following briefing schedule for Class
Certification:
a. Motion for Class Certification shall be filed by Mar. 21,
2025.
b. Opposition to Motion for Class Certification shall be
filed
by April 21, 2025.
c. The reply brief to Motion for Class Certification shall be
filed by May 12, 2025.
d. Motion for Class Certification will be heard on June 11,
2025, at 9:30 AM by Zoom videoconference. Zoom Webinar ID:
161 926 0804. Passcode: 050855.
Bank of America is the world's largest financial institutions,
serving individuals, small- and middle-market businesses and large
corporation.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=LVUnKF at no extra
charge.[CC]
BIOTE CORP: Class Cert Bid Filing in Koontz Due July 10, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as TIMOTHY P. KOONTZ, for
himself and all others similarly situated, v. BIOTE CORP., et al.,
Case No. 2:24-cv-00506 (S.D.W. Va.), the Hon. Judge Thomas Johnston
entered a scheduling order as follows:
Deadline Date
Amendments and Joinder: Jan. 6, 2025
Commencement of class certification discovery: Nov. 29, 2024
Completion of class certification discovery: June 23, 2025
Deadline for Plaintiff to file motion for July 10, 2025
class certification and Daubert motions
related to class certification:
Deadline for Defendants to file response to Aug. 8, 2025
motion for class certification:
Deadline for Plaintiff to file reply with Aug. 22, 2025
respect to class certification motion:
Biote provides precision and preventive medicines.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=EO5i6A at no extra
charge.[CC]
BLUE WATER LAUNDRY: Frost Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Blue Water Laundry, Inc., Case No.
0:24-cv-04357-ECT-LIB (D. Minn., Dec. 3, 2024), is brought arising
because the Defendant's Website (www.trybluewater.com) is not fully
and equally accessible to people who are blind or who have low
vision in violation of both the general non-discriminatory mandate
and the effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act (the "ADA") and
the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and, at all times relevant hereto, have been
legally blind and are therefore disabled.
The Defendant offers eco-friendly laundry detergents for sale
including, but not limited to, laundry detergent sheets.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
BOJANGLES' RESTAURANTS: Portee Files Suit in E.D. North Carolina
----------------------------------------------------------------
A class action lawsuit has been filed against Bojangles'
Restaurants, Inc. The case is styled as Lily Nicole Portee, on
behalf of herself and all others similarly situated v. Bojangles'
Restaurants, Inc., Case No. 5:24-cv-00689-D-RN (E.D.N.C., Dec. 3,
2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Bojangles -- https://www.bojangles.com/ -- is an American regional
chain of fast food restaurants that specializes in Cajun-seasoned
fried chicken and buttermilk biscuits and primarily serves the
Southeastern United States.[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) 600-5000
Fax: (919) 600-5035
Email: sharris@milberg.com
BUECHEL STONE: Casillas Suit Removed to C.D. California
-------------------------------------------------------
The case styled as Miltita Casillas, individually and on behalf of
all others similarly situated v. BUECHEL STONE CORP., a Wisconsin
corporation d/b/a www.buechelstone.com, Case No. 24STCV28275 was
removed from the Superior Court of California for the County of Los
Angeles, to the United States District Court for the Central
District of California on Dec. 3, 2024, and assigned Case No.
2:24-cv-10416.
The Plaintiff pleads a single cause of action asserting claims for
alleged violations of the California Invasion of Privacy Act
("CIPA"). The Plaintiff seeks an award of statutory damages
pursuant to CIPA, reasonable attorneys' fees and costs, and all
other relief that would be just and proper as a matter of law or
equity.[BN]
The Defendants are represented by:
Craig J. Mariam, Esq.
Michael J. Dailey, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
633 West Fifth Street, 52nd floor
Los Angeles, CA 90071
Phone: (213) 270-7856
Facsimile: (877) 306-0043
Email: cmariam@grsm.com
mdailey@grsm.com
CABINETWORKS MICHIGAN: Fuller Seeks Conditional Class Certification
-------------------------------------------------------------------
In the class action lawsuit captioned as JERRY FULLER, v.
CABINETWORKS MICHIGAN, LLC, THE CABINETWORKS GROUP, CABINETWORKS
GROUP, INC., Case No. 4:24-cv-01618-MWB (M.D. Pa.), the Plaintiff
asks the Court to enter an order granting conditional certification
to the following two collectives and direct Defendants to produce
names, addresses, email addresses and text numbers for them:
1. All persons who have worked for Defendants as first level
production supervisors from Sept. 24, 2021 to the present;
2. All persons who worked for the Defendants as exempt hourly
workers from Sept. 24, 2021 to the present.
Cabinetworks is a manufacturer and distributor of kitchen and bath
cabinets.
A copy of the Plaintiff's motion dated Dec. 5, 2024 is available
from PacerMonitor.com at https://urlcurt.com/u?l=VOkpDj at no extra
charge.[CC]
The Plaintiff is represented by:
Edward C. Sweeney, Esq.
M. Frances Ryan, Esq.
WUSINICH, SWEENEY & RYAN, LLC
102 Pickering Way, Suite 403
Exton, PA 19341
Telephone: (610) 594-1600
E-mail: esweeney@wspalaw.com
mfrancesryan@wusinichsweeney.com
CALMAT COMPANY: Class Cert Bid Filing in Tejeda Due August 6, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as JUAN MANUEL TEJEDA, v.
CALMAT COMPANY, Case No. 3:23-cv-00619-JCS (N.D. Cal.), the Hon.
Judge Joseph Spero entered a case management and pretrial order:
1. Parties shall meet and confer on possible summary judgment
motion regarding the break claims asserted with respect to
the
mobile sweeper position.
2. Updated joint case management conference statement due May
28,
2025.
3. Further Case Management Conference set for June 4, 2025 at
2:00
PM by Zoom videoconference. Zoom Webinar ID: 161 926 0804.
Passcode:050855.
4. Plaintiff shall file his Motion for Class Certification on or
before Aug. 6, 2025.
5. Defendant's opposition to Plaintiff's Motion for Class
Certification is due Oct. 6, 2025.
6. Plaintiff's reply brief in support of his Motion for Class
Certification is due by Nov. 5, 2025.
7. The hearing on the Motion for Class Certification will be
Dec. 3, 2025 at 9:30 AM by Zoom videoconference. Zoom Webinar
ID: 161 926 0804. Passcode: 050855.
Calmat manufactures, produces, distributes, and sells construction
materials, including aggregates, hot mix asphalt, and ready mixed
concrete.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=VM67pD at no extra
charge.[CC]
CHICO'S FAS INC: Crumwell Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Denise Crumwell, individually and as the representative of a class
of similarly situated persons v. CHICO'S FAS, INC., Case No.
1:24-cv-09246 (S.D.N.Y., Dec. 3, 2024), is brought this civil
rights action against the Defendant for their failure to design,
construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://www.soma.com/store/, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals --thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using her
computer.
CHICO'S FAS, INC., operates the Soma online retail store, as well
as the Soma interactive Website and advertises, markets, and
operates in the State of New York and throughout the United
States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
CINTAS CORPORATE: Gutierrez Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Cintas Corporate
Services, Inc., et al. The case is styled as Dulce Maria Macias
Gutierrez, individually, and on behalf of other members of the
general public similarly situated v. Cintas Corporate Services,
Inc., Cintas Corporation No. 2, Cintas Corporation No. 3, Cintas
Corporation, Case No. STK-CV-UOE-2024-0016686 (Cal. Super. Ct., San
Joaquin Cty., Dec. 3, 2024).
The case type is stated as "Unlimited Civil Other Employment."
Cintas Corporation -- https://www.cintas.com/ -- is an American
corporation headquartered in Mason, Ohio which provides a range of
products and services to businesses including uniforms, mats, mops,
cleaning and restroom supplies, first aid and safety products, fire
extinguishers and testing, and safety courses.[BN]
The Plaintiff is represented by:
Edwin Aiwazian, Esq.
LAWYERS for JUSTICE, PC
410 Arden Ave., Ste. 20
Glendale, CA 91203-4007
Phone: 818-265-1020
Fax: 818-265-1021
Email: edwin@calljustice.com
COHEN CLEARY: Agreement Reached in Weekes Suit
----------------------------------------------
In the class action lawsuit captioned as Weekes v. Cohen Cleary,
P.C., Case No. 1:23-cv-10817 (D. Mass., Filed April 17, 2023), the
Hon. Judge Nathaniel M. Gorton entered an endorsed order as
follows:
-- The parties have reported that they have reached an agreement
to
resolve the claims in this case.
-- Because this is a putative class action, the parties will need
to
file motions for class certification and settlement approval.
Within two weeks, the parties shall submit a proposed schedule for
filing such motions for Judge Gorton's consideration.
The nature of suit states Torts -- Personal Injury -- Other
Personal Injury.
Cohen is a service law firm focuses on various areas of law
including criminal law, family law, estate law, labor and
employment law.[CC]
CORE1 SECURITY: Batista Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against CORE1 SECURITY
SERVICES, INC., et al. The case is styled as Elian Batista, an
individual, on behalf of himself and all others similarly situated
v. CORE1 SECURITY SERVICES, INC., CORWIN CHAN, an individual, DOES
1 THROUGH 100, Case No. CGC24620250 (Cal. Super. Ct., San Francisco
Cty., Dec. 3, 2024).
The case type is stated as "Other Non-Exempt Complaints."
Core1 Security Services -- http://c1ss.org/-- is one of the
fastest growing security guard companies in the Northern
California.[BN]
The Plaintiff is represented by:
Jose M. Herrera, Esq.
HAULK & HERRERA LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Phone: 415-745-3219
Email: jherrera@hhemploymentlaw.com
CSX TRANSPORTATION: Bell Suit Transferred to S.D. Indiana
---------------------------------------------------------
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, Julie
Enlow, Susan Gales, Robert Miller, John Barnett, James Morton, Jr.,
Adam Dallas, Chris Mcshee, Don Biemer, Dion Mcgee, Toby Pack, Scott
Lawton, Kevin Van Wagenen, Lewis Kirchner, Michael Allen, Matthew
Morgan, Nathan Taylor, Kyle Wood, Jeremy D. Johnson, Kirk Diehl,
Steven Delles, Corey Secrest, Mitchell Davidson, Justin King,
Bradley Downey, Keith Burger, et al., 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 Southern District of Indiana on Dec. 3, 2024.
The District Court Clerk assigned Case No. 4:24-cv-00164-SEB-KMB 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
CUCKOO RENTAL: Faces Shim Wage-and-Hour Suit in D.N.J.
------------------------------------------------------
Sung Bun Shim, Hannah Kim, and Mira Choe, on behalf of themselves
and others similarly situated, Plaintiffs v. Cuckoo Rental America,
Inc., and Cuckoo Electronics America, Inc., Defendants, Case No.
2:24-cv-10643 (D.N.J., November 21, 2024) is a collective action
against the Defendants for alleged violations of the Fair Labor
Standards Act and New Jersey labor laws, arising from their various
willful, malicious, and unlawful employment policies, patterns, and
practices.
The complaint alleges that the Defendants have willfully,
maliciously, and intentionally committed widespread violations of
the FLSA against Plaintiffs and all other similarly situated
employees by (1) misclassifying employees as exempt employees as
independent contractors to evade compliance with overtime pay
provisions of the FLSA and (2) failing to pay their overtime
compensation.
Plaintiffs Ms. Shim, Ms. Kim, and Ms. Choe bring this action,
individually, against Defendants for alleged violations of New
Jersey Wage and Hour Law. Plaintiffs Ms. Shim and Ms. Kim also
bring this action individually, alleging violations of the New
Jersey Wage Payment Law due to Defendants' failure to pay them at
least twice a month.
The Plaintiffs are former employees of the Defendants working on
the on-site flagship store in New Jersey.
Cuckoo Rental America, Inc. provides rental services for CUCKOO
electronic products, including water purifiers and air purifiers,
to customers across the United States.[BN]
The Plaintiffs are represented by:
Ryan J. Kim, Esq.
RYAN KIM LAW, P.C.
222 Bruce Reynolds Blvd. Suite 490
Fort Lee, NJ 07024
E-mail: ryan@RyanKimLaw.com
CWS CAPITAL: Fails to Protect Tenants' Personal Info, Shipp Says
----------------------------------------------------------------
JULIE SHIPP, on behalf of herself and all others similarly
situated, Plaintiff v. CWS CAPITAL PARTNERS LLC, CWS APARTMENT
HOMES LLC, and CWS CORPORATE HOUSING LLC, Defendants, Case No.
8:24-cv-02552 (C.D. Cal., November 21, 2024) is a class action
arising from Defendants' failure to protect Plaintiff and others
similarly situated tenants' highly sensitive data in violation of
the California's Unfair Competition Law, California Consumer
Privacy Act, and California Customer Records Act.
According to the complaint, the Defendants store a litany of highly
sensitive personal identifiable information about their current and
former tenants, including Plaintiff. But Defendants lost control
over that data when cybercriminals infiltrated their insufficiently
protected computer systems in a data breach. The cybercriminals
were able to breach Defendants' systems because Defendants failed
to adequately train their employees on cybersecurity and failed to
maintain reasonable security safeguards or protocols to protect the
Class' PII. In short, the Defendants' failures placed the Class'
PII in a vulnerable position -- rendering them easy targets for
cybercriminals, says the suit.
The Plaintiff, a data breach victim, brings this class action on
behalf of herself, and all others harmed by Defendants' alleged
misconduct.
CWS Capital Partners LLC is a full-service real estate investment
management company which owns and operates luxury apartments
throughout the United States.[BN]
The Plaintiff is represented by:
Andrew G. Gunem, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: agunem@straussborrelli.com
DATAMAXX APPLIED: Archey Sues Over Failure to Safeguard PII
-----------------------------------------------------------
James Archey, on behalf of himself and all others similarly
situated v. DATAMAXX APPLIED TECHNOLOGIES, INC., Case No.
4:24-cv-00483-AW-MAF (N.D. Fla., Dec. 3, 2024), is brought against
Defendant for its failure to properly secure and safeguard the
personally identifiable information that it collected and
maintained as part of its business.
Such sensitive information includes, but is not limited to,
Plaintiff's and Class Members' names and Social Security numbers
(collectively defined herein as "PII"). This class action arises
out of the data breach wherein an unauthorized actor accessed
Datamaxx's computer systems from December 1 to December 17, 2023,
which Datamaxx discovered on or about December 17, 2023 ("Data
Breach").
By obtaining, collecting, using, and deriving a benefit from the
PII 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. According to
the letter that Defendant sent to Class Members, Defendant admits
an unauthorized actor unlawfully accessed certain personal
information from its network. The Data Breach was a direct result
of Defendant's failure to implement adequate and reasonable
cyber-security procedures and protocols necessary to protect
individuals' PII.
The mechanism of the Data Breach and potential for improper
disclosure of Plaintiff's and Class Members' PII was a known risk
to Defendant, and thus Defendant was on notice that failing to take
steps necessary to secure PII from those risks left that property
in a dangerous condition. The Plaintiff's and Class Members'
identities are now at risk because of Defendant's negligent conduct
since the PII that Defendant collected and maintained is now in the
hands of data thieves.
As a result of the Data Breach, Plaintiff and Class Members are now
at a current, imminent, and ongoing risk of fraud and identity
theft. Plaintiff and Class Members must now and for years into the
future closely monitor their financial accounts to guard against
identity theft. As a result of Defendant's unreasonable and
inadequate data security practices, Plaintiff and Class Members
have suffered numerous actual and concrete injuries and damages,
says the complaint.
The Plaintiff a victim of Defendant's data breach.
Datamaxx provides communications, data access, and intelligence
services to law enforcement agencies and private security
companies.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Phone: (786) 879-8200
Fax: (786) 879-7520
Email: mweekes@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
EAGLE WILTON MANORS: McKinstry Files TCPA Suit in S.D. Florida
--------------------------------------------------------------
Inc. The case is styled as Christopher McKinstry, individually and
on behalf of all others similarly situated v. Eagle Wilton Manors,
Inc., Case No. 9:24-cv-81515-XXXX (S.D. Fla., Dec. 3, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Eagle Wilton Manors -- https://eaglebarwm.com/ -- is a classic
leather bar in Wilton Manors in an underground, Berlin inspired
setting.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
Zane Charles Hedaya, Esq.
Faaris Kamal Uddin, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
zane@jibraellaw.com
faaris@jibraellaw.com
ENDURA INT'L: Fernandez Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Jacqueline Fernandez, on behalf of himself and all others similarly
situated v. ENDURA INTERNATIONAL, INC., Case No. 1:24-cv-09221
(S.D.N.Y., Dec. 3, 2024), is brought against Defendant for the
failure to design, construct, maintain, and operate Defendant's
website, www.enduraroses.com (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"). The Defendant's website is not equally
accessible to blind and visually impaired consumers; therefore,
Defendant is in violation of the ADA. The Plaintiff now seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that the 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
EVOLVE BANK: Miller Sues Over Mismanagement of Cash Deposits
------------------------------------------------------------
TIMOTHY MILLER, individually and on behalf of all similarly
situated persons, Plaintiff v. EVOLVE BANK & TRUST, an Arkansas
bank; EVOLVE BANCORP, INC., an Arkansas limited liability company;
AMG NATIONAL TRUST, a Colorado bank; LINEAGE BANK, a Tennessee
bank; and AMERICAN BANK, INC., a Pennsylvania bank, Defendants,
Case No. 1:24-cv-03261 (D. Colo., November 23, 2024) concerns the
alleged gross mismanagement of cash deposits of ordinary consumers,
including Plaintiff, who have lost access to their holdings.
The Plaintiffs and members of the class created accounts on various
financial technology platforms (FinTechs) and initiated cash
deposits. FinTechs' partner banks used a middleman company named
Synapse Financial Technologies, Inc. to open deposit accounts,
process transactions, and manage the account ledgers on behalf of
approximately 100 FinTech companies and their end users.
Unfortunately, these partner banks failed to adequately maintain
and safeguard customers' funds. Significant ledger irregularities
were discovered by the Partner Banks indicating the account
balances set forth in Synapse's account ledger were materially
inaccurate and, therefore, could not be used as the basis for
distributing funds to end users. As a result, many customers’
funds were either lost, stolen, or misplaced. Accordingly, the
Plaintiff seeks redress for Defendants' unlawful conduct and
asserts several claims including negligence, unjust enrichment and
breach of fiduciary.
Headquartered in Memphis, TN, Evolve Bank and Trust is a financial
service company known for partnering FinTech companies to offer
banking services to their customers. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
Steven Sukert, Esq.
KOPELOWITZ OSTROW P.A.
One West Law Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
sukert@kolawyers.com
FCA US: Enright Appeals 2nd Amended Suit Dismissal to 3rd Circuit
-----------------------------------------------------------------
KIMBERLY ENRIGHT, et al. are taking an appeal from a court order
dismissing their lawsuit entitled Kimberly Enright, et al.,
individually and on behalf of all others similarly situated,
Plaintiffs, v. FCA US LLC, Defendant, Case No. 3-21-cv-19364, in
the U.S. District Court for the District of New Jersey.
The case arises from the Defendant's deceptive and unconscionable
practice of misleading consumers into overpaying for their vehicles
by inflating and misrepresenting the nature of the charges
customers must pay for the delivery of their vehicles when
purchasing or leasing a new vehicle at one of the Defendant's
authorized dealerships.
On Apr. 26, 2023, the Plaintiffs filed a consolidated amended class
action complaint against the Defendant.
On May 30, 2023, the Defendant filed a motion to dismiss the
Plaintiffs' consolidated amended class action complaint, which
Judge Georgette Castner granted on Dec. 22, 2023.
On Jan. 29, 2024, the Plaintiffs filed a second amended complaint.
On Apr. 15, 2024, the Defendant filed a motion to dismiss the
Plaintiffs' second amended complaint, which Judge Castner granted
on Oct. 24, 2024. The case was dismissed with prejudice.
The appellate case is captioned BCR Carpentry LLC, et al. v. FCA US
LLC, Case No. 24-3202, in the United States Court of Appeals for
the Third Circuit, filed on November 25, 2024. [BN]
Plaintiffs-Appellants KIMBERLY ENRIGHT, et al., individually and on
behalf of all others similarly situated, are represented by:
Joseph J. DePalma, Esq.
Catherine B. Derenze, Esq.
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG & AFANADOR
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
- and -
John Charles Weisensell, Esq.
WEISENSELL & MASTRANTONIO
23 S. Main Street, Suite 301
Akron, OH 44308
Telephone: (330) 434-1000
Defendant-Appellee FCA US LLC is represented by:
James S. Coons, Esq.
ANSA ASSUNCAO
100 Matawan Road, Suite 410
Matawan, NJ 07747
Telephone: (732) 993-9850
FEIT INDUSTRIES: Jones Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Clay Lee Jones, on behalf of himself and all others similarly
situated v. FEIT INDUSTRIES, LLC, Case No. 1:24-cv-09227 (S.D.N.Y.,
Dec. 3, 2024), is brought against Defendant for the failure to
design, construct, maintain, and operate Defendant's website,
www.feitdirect.com (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"). The Defendant's website is not equally
accessible to blind and visually impaired consumers; therefore,
Defendant is in violation of the ADA. The Plaintiff now seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that the 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
FISHER PRICE: Shahbaz Suit Transferred to W.D. New York
-------------------------------------------------------
The case captioned as Rabia Shahbaz, individually and on behalf of
all others similarly situated v. Fisher Price, Inc., Mattel, Inc.,
Case No. 2:24-cv-09174 was transferred from the United States
District Court for the Central District of California, to the
United States District Court for the District of Minnesota on Dec.
3, 2024.
The District Court Clerk assigned Case No. 1:24-cv-01181-JLS to the
proceeding.
The nature of suit is stated as Contract Product Liability for
Breach of Contract.
Fisher-Price, Inc. -- https://thefisherprice.com/ -- is an American
company that produces educational toys for infants, toddlers and
preschoolers, headquartered in East Aurora, New York.[BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
280 South Beverly Drive Penthouse Suite
Beverly Hills, CA 90212
Phone: (866) 252-0878
Fax: (865) 522-0049
- and -
Erin J. Ruben, Esq.
Thomas Pacheco, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
900 West Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5009
- and -
Harper T. Segui, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
825 Lowcountry Boulevard, Suite 101
Mount Pleasant, SC 29465
Phone: (202) 975-0502
Fax: (919) 600-5035
- and -
Kelsey Gatlin Davies, Esq.
MILBERG ATTORNEYS AT LAW
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Phone: (865) 247-0080
Fax: (865) 522-0049
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon, Suite 205, No. 10518
San Juan, PR 00907
Phone: (215) 789-4462
- and -
Rachel L. Soffin, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
3833 Central Avenue
St. Petersberg, FL 33713
Phone: (865) 247-0080
The Defendants are represented by:
Matthew Paul Kanny, Esq.
GOODWIN PROCTER, LLP
520 Broadway, Suite 500
Santa Monica, CA 90401
Phone: (424) 252-6400
Fax: (424) 252-6401
Email: mkanny@goodwinlaw.com
- and -
Rebecca L. Tarneja, Esq.
GOODWIN PROCTER LLP
601 S. Figueroa Street, Suite 4100
Los Angeles, CA 90017-1704
Phone: (213) 426-2516
FITNESS INTERNATIONAL: Atia Files Suit in Fla. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Fitness
International, LLC. The case is styled as Zack Zahi Atia, on behalf
of all those similarly situated v. EZ Lender LLC, Case No.
2024CA005868NC (Fla. Ct., Sarasota Cty. Dec. 3, 2024).
The case type is stated as "Other."
Fitness International -- https://www.lafitness.com/ -- is a health,
wellness and fitness company based out of 1 International Pl,
Boston, Massachusetts.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
GLAXOSMITHKLINE: Settlement Hearing Set for Jan. 21, 2025
---------------------------------------------------------
In the class action lawsuit captioned as STACEY PAPALIA,
individually and on behalf of all others similarly situated, v.
GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC, Case No.
7:22-cv-02630-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.
Videos A copy of the Court's order dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=pwZQMW at no extra
charge.[CC]
LOVE MANAGEMENT: Fails to Pay Proper Overtime, Spurlock Says
------------------------------------------------------------
SENORA SPURLOCK, individually, and on behalf of others similarly
situated, Plaintiff v. LOVE MANAGEMENT COMPANY, LLC, Defendant,
Case No. 4:24-cv-01560 (E.D. Mo., November 21, 2024) seeks to
recover unpaid overtime compensation, liquidated damages,
attorney's fees, costs, and other relief as appropriate under the
Fair Labor Standards Act.
The complaint asserts that the Plaintiff and others similarly
situated regularly worked in excess of 40 hours a week, and were
paid some overtime for those hours, but at a rate that did not
include Defendant's Extra Duty pay for overtime rates as required
by the FLSA.
The Plaintiff worked for the Defendant from approximately September
2021 through July 22, 2024, as a non-exempt, hourly employee. She
worked at Autumn Senior Living based in Grayslake, Illinois.
Love Management Company, LLC is a real estate developer and
property management company that, inter alia, operates senior
living communities in multiple states.[BN]
The Plaintiff is represented by:
Trent Miracle, Esq.
FLINT COOPER COHN THOMPSON & MIRACLE
222 East Park Street, Suite 500
Edwardsville, IL 62025
Telephone: (618) 205-2027
E-mail: tmiracle@flintcooper.com
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
141 E. Michigan Avenue, Suite 600
Kalamazoo, MI 49007
Telephone: (269) 250-7500
E-mail: jyoung@sommerspc.com
- and -
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: kstoops@sommerspc.com
- and -
Jonathan Melmed, Esq.
Meghan Higday, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park E., Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: mh@melmedlaw.com
jm@melmedlaw.com
LUXOTTICA OF AMERICA: Mahmud-Bey Appeals Arbitration Bid Ruling
---------------------------------------------------------------
MYRNA MAHMUD-BEY is taking an appeal from a court order granting
defendants' motion to compel arbitration in her lawsuit entitled
Myrna Mahmud-Bey, individually and on behalf of all others
similarly situated, Plaintiff, v. Luxottica of America Inc., et
al., Defendants, Case No. 2:24-cv-04605-FWS-MAA, in the U.S.
District Court for the Central District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Superior Court for the State of
California, in and for the County of Los Angeles, to the United
States District Court for the Central District of California, is
brought against the Defendants for violations of the California
Labor Code and California's Business and Professions Code including
failure to pay minimum and regular rate wages, failure to pay
overtime wages, meal break violations, rest break violations,
failure to reimburse necessary business expenses, failure to
provide accurate wage statements, untimely final wages, and unfair
competition.
On July 8, 2024, the Defendants filed a motion to compel
arbitration, dismiss class claims, and stay further proceedings,
which Judge Fred W. Slaughter granted on Oct. 21, 2024.
The Court granted the motion to compel arbitration as to the
Plaintiffs' individual claims; dismissed the Plaintiff's class
claims; and stayed proceedings for all parties pending
arbitration.
The appellate case is captioned Mahmud-Bey v. Luxottica of America
Inc., et al., Case No. 24-7104, in the United States Court of
Appeals for the Ninth Circuit, filed on November 23, 2024. [BN]
Plaintiff-Appellant MYRNA MAHMUD-BEY, individually and on behalf of
all others similarly situated, is represented by:
Roy Suh, Esq.
RKS LAW, PC
316 Winston Street
Los Angeles, CA 90013
Defendants-Appellees LUXOTTICA OF AMERICA INC., et al. are
represented by:
Khatereh Sage Fahimi, Esq.
Noah J. Woods, Esq.
LITTLER MENDELSON, PC
501 W. Broadway, Suite 900
San Diego, CA 92101
MAKO CATERING: Class Cert Bid Filing in Cook Due June 18, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as DAMON COOK, JONATHAN KENO,
And All Others Similarly Situated, v. MAKO CATERING LLC and MAKO
UNLIMITED LLC, Case No. 2:24-cv-02517-GGG-MBN (E.D. La.), the Hon.
Judge Greg Gerard Guidry entered a scheduling order for class
certification as follows:
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 has provided catering personnel for major boat
companies and offshore oil rigs.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=QZXNCh at no extra
charge.[CC]
MATCH GROUP: Meslage Sues Over Breaches of Securities Laws
----------------------------------------------------------
SEBASTIEN MESLAGE, Individually and on behalf of all others
similarly situated, Plaintiff v. MATCH GROUP, INC., BERNARD KIM,
and GARY SWIDLER, Defendants, Case No. 2:24-cv-10153 (C.D. Cal.,
November 24, 2024) seeks to recover compensable damages caused by
Defendants' violations of the federal securities laws under the
Securities Exchange Act of 1934.
The Plaintiff brings this class action on behalf of persons or
entities who purchased or otherwise acquired publicly traded Match
Group securities between May 2, 2023 and November 6, 2024,
inclusive. Throughout the said period, Defendants made false and/or
misleading statements and/or failed to disclose that: (1) Match
Group materially understated the challenges affecting Tinder and,
as a result, understated the risk that Tinder's monthly active user
count would not recover by the time the Company reported its
financial results for the third quarter of 2024; and (2) as a
result, defendants' statements about Match Group's business,
operations, and prospects were materially false and misleading
and/or lacked a reasonable basis at all relevant times.
Headquartered in Dallas, TX, Match Group, Inc. owns and operates
several online dating services including Tinder and Match.com. Its
stock trades on the NASDAQ under the ticker symbol "MTCH." [BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
THE ROSEN LAW FIRM, P.A.
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
Facsimile: (213) 226-4684
E-mail: lrosen@rosenlegal.com
NASCAR: Class Cert. Hearing in Myers Suit Set for April 7-11, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as Myers, et al., v. National
Association for Stock Car Auto Racing, Inc. (NASCAR), et al., Case
No. 3:23-cv-00888 (W.D.N.C., Filed Dec. 21, 2023), the Hon. Judge
Frank D. Whitney entered a scheduling order as follows:
-- Motion for Extension of Time Class March 3, 2025
certification briefs due by:
-- Class certification hearing set for: April 7-11,
2025
-- Mediation due by: June 3, 2025
-- Dispositive Motions due by: Aug. 19, 2025
-- Dispositive motions hearing set for: Oct. 6-10,
2025
-- Pretrial submissions due by: Dec. 15, 2025
-- Docket call and Final Pretrial Jan. 5, 2026
Conference set for:
-- Jury Trial set for: Jan. 5, 2026
The nature of suit states Statutory Actions.
NASCAR is an American auto racing sanctioning and operating
company.[CC]
NHE MANAGEMENT: Fails to Pay Proper Wages, Rosado Alleges
---------------------------------------------------------
JOSE ROSADO, individually and on behalf of all others similarly
situated, Plaintiff v. NHE MANAGEMENT ASSOC., LLC; BANTA HOMES
CORP.; THE BLUESTONE ORGANIZATION, INC.; BLUESTONE JAMAICA I LLC
d/b/a THE BLUESTONE ORGANIZATION; ERIC BLUESTONE; JEFFREY MANGO;
and VINCENT VARGO, Defendants, Case No. 1:24-cv-08367 (E.D.N.Y.,
Dec. 5, 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 Rosado was employed by the Defendants as a laborer.
Nhe Management Assoc., LLC operate and manage numerous residential
and other properties in and around New York City and Long Island.
[BN]
The Plaintiff is represented by:
David D. Barnhorn, Esq.
ROMERO LAW GROUP PLLC
490 Wheeler Road, Suite 277
Hauppauge, NY 11788
Telephone: (631) 257-5588
OLYMPUS GROUP: Green Sues Over Alleged Private Data Breach
----------------------------------------------------------
MICHAEL SCOTT GREEN, on behalf of himself and all others similarly
situated, Plaintiff v. OLYMPUS GROUP, INC., Defendant, Case No.
2:24-cv-01519 (E.D. Wis., November 24, 2024) arises from
Defendant's failure to protect highly sensitive information about
its current and former employees.
On June 21, 2024, the Defendant discovered it was hacked in the
data breach. However, Defendant waited over until October 21, 2024,
before it began notifying the Class members--a full 122 days after
the data breach was discovered. Moreover, the Defendant deprived
the Class members of the opportunity to try and mitigate their
injuries in a timely manner. Accordingly, the Plaintiff now seeks
redress for Defendant's unlawful conduct and asserts claims for
negligence, negligence per se, breach of implied contract, invasion
of privacy, unjust enrichment, breach of fiduciary duty,
declaratory judgment, and for violations of the Wisconsin Deceptive
Trade Practices Act.
Headquartered in Milwaukee, WI, Olympus manufactures flags,
mascots, and various custom printing products. [BN]
The Plaintiff is represented by:
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago IL, 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
RAM PAYMENT: Antico Suit Seeks Certify Class & Subclasses
---------------------------------------------------------
In the class action lawsuit captioned as Frances Antico, the
Executrix of the Estate of June Germinario, et al, on behalf of
themselves and all other class action members similarly situated,
v. RAM Payment, LLC t/a Reliant Account Management, et al., Case
No. 1:20-cv-12130-CPO-MJS (D.N.J.), the Plaintiffs ask the Court to
enter an order:
(l) certifying case as a class action, and designating class and
Sub-classes;
(2) appointing named Plaintiffs as representatives of the class
and
sub-classes as indicated;
(3) designating undersigned counsel as class counsel and
providing
for submission and approval of appropriate and timely notice
to
class members upon receipt of list of the names and
addresses
of all class members to be provided by the Defendants.
The Plaintiffs include Agnes Stefanelli; Claude Z. : Davila; Wayne
Strelecki; Marius Culda; Dawn Culda; Raid Assaf; Robert Rovinsky,
Executor : of the Estate of Susan Rovinsky; Greg Rusin; Pamela Kurt
and Jeffrey Rothstein.
The Defendants include Ram America Inc.; Reliant Account
Management, LLC (California); Reliant Account Management, LLC
(Tennessee); Account Management Systems LLC; Reliant Account
Management Systems, LLC; GS Associated Holdings, LLC a/k/a GS
I{oldings LLC (Califomia); GS Associated Holdings LLC. alk/a GS
Holdings, LLC (Arizona); WST Management LLC; Austin Co LLC; Reliant
Management Services LLC; Stephen Chaya; Gregory Winters; Scott
Austin; Stephen Chaya Trust Agreement; Richard W. Torkelson; Teresa
Dodson; SADM Holdings, Inc.; William Ergas; William Ergas SD IRA;
Active Debt Solutions, LLC f/k/a Active Debt Solutions, Inc. d/b/a
Guardian Legal Center; Paralegal Support Group, LLC f/k/a Paralegal
Staff Support, LLC; John Doe(s) l-100, said name of John Doe(s)
being fictitious.
Ram Payment is a financial services company, specializing in
payment processing solutions.
A copy of the Plaintiffs' motion dated Dec. 3, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zMfHJp at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph M. Pinto, Esq.
POLINO and PINTO, P.C.
72O E. Main Street, Suite IC
Moorestown, NJ 08057
Telephone: (856) 727-1777
E-mail: jfpolino@prodigy.net
- and -
Carl D. Poplar, Esq.
LAW FIRM OF CARL POPLAR, PA
1010 King Highway S., Bldg. 1
Cherry Hill, NJ 08034
Telephone: (856) 216-9979
Facsimile: (856) 216-9970
E-mail: cpoplar@poplarlaw.com
RSA SECURITY: Koczwara Files Suit in Mass. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against RSA Security, LLC, et
al. The case is styled as Michael Koczwara, on behalf of himself
and all others similarly situated v. RSA Security, LLC, Case No.
2485CV01452 (Mass. Super. Ct., Worcester Cty., Dec. 3, 2024).
The case type is stated as "Contract / Business Cases."
RSA Security LLC -- https://www.rsa.com/ -- formerly RSA Security,
Inc. and trade name RSA, is an American computer and network
security company with a focus on encryption and decryption
standards.[BN]
The Plaintiff is represented by:
John Regan, Esq.,
REGAN STROM, P.C.
185 Devonshire St., Suite 301
Boston, MA 02110
Phone: (857) 449-2967
RUGSUSA LLC: Burch Suit Removed to D. Columbia
----------------------------------------------
The case styled as Ryan Burch, individually and on behalf of all
others similarly situated v. RUGSUSA, LLC, Case No. 24CV060148 was
removed from the Superior Court of the District of Columbia, to the
United States District Court for the District of Columbia on Dec.
3, 2024, and assigned Case No. 1:24-cv-03379.
Specifically, Plaintiff has alleged: breach of contract; unjust
enrichment; fraud; breach of express warranty; and violation of the
District of Columbia's Consumer Protection Procedures Act
("CPPA").[BN]
The Defendants are represented by:
Peter C. Nanov, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
1909 K Street, N.W., Suite 900
Washington, D.C. 20006
Phone: 202-467-8831
Email: pcnanov@vorys.com
- and -
Thomas N. McCormick, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
4675 MacArthur Court, Suite 700
Newport Beach, CA 92660
Phone: 949-526-7900
Email: tnmccormick@vorys.com
- and -
Joseph M. Brunner, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
301 East Fourth Street, Suite 3500
Great American Tower
Cincinnati, OH 45202
Phone: 513-723-4000
Email: jmbrunner@vorys.com
SAG-AFTRA HEALTH: Fails to Prevent Data Breach, Rouillard Says
--------------------------------------------------------------
MATTHEW ROUILLARD and KRISTY MUNDEN, individually and on behalf of
all others similarly situated, Plaintiffs v. SAG-AFTRA HEALTH PLAN,
Defendant, Case No. 2:24-cv-10503-MEMF-JPR (C.D. Cal., Dec. 5,
2024) alleges violation of the California Confidentiality of
Medical Information Act.
The Plaintiffs allege in the complaint that as a result of their
inadequate security and breach of its duties and obligations, the
Private Information of Plaintiffs and Class Members was compromised
through disclosure to an unauthorized criminal third party. The
Plaintiffs and Class Members have suffered injuries as a direct and
proximate result of the Defendant's conduct.
As a direct result of its negligent failure to adequately protect
the data it collected from the Plaintiffs and Class Members, the
Defendant allowed for a Data Breach which released the PII/PHI of
Plaintiffs and the Class Members to criminals and/or third parties,
the suit alleges.
SAG-Aftra Health Plan provides health benefit solutions. The
Company offers health plans and retirement plans for actors,
broadcasters and voice professionals. [BN]
The Plaintiffs are represented by:
Ryan J. Clarkson, Esq.
Yana Hart, Esq.
Mark Richards, Esq.
Tiara Avaness, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Email: rclarkson@clarksonlawfirm.com
yhart@clarksonlawfirm.com
mrichards@clarksonlawfirm.com
tavaness@clarksonlawfirm.com
SIX FLAGS: Removes Tan Suit to the S.D. Calif.
----------------------------------------------
The Defendant in the case of LEONARD TAN; and LORENZO MIRO SAN
DIEGO, individually and on behalf of all others similarly situated,
Plaintiffs v. SIX FLAGS ENTERTAINMENT CORPORATION, Defendant, filed
a notice to remove the lawsuit from the Superior Court of the State
of California, County of San Diego (Case No. 24CU011145C) to the
U.S. District Court for the Southern District of California on Dec.
6, 2024.
The clerk of court for the Southern District of California assigned
Case No. 3:24-cv-02271-BEN-DEB. The case is assigned to Roger T
Benitez and referred to Magistrate Daniel E Butcher.
Six Flags Entertainment Corporation operates regional theme parks.
The Company has parks comprised of theme, water, and zoological
parks. Six Flags Entertainment offer rides, water attractions,
themed areas, concerts, shows, restaurants, game venues, and retail
outlets in the United States, Canada, and Mexico. [BN]
The Defendant is represented by:
Thomas N. McCormick, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
4675 MacArthur Court, Suite 700
Newport Beach, CA 92660
Telephone: (949) 526-7903
Facsimile: (949) 526-7903
Email: tnmccormick@vorys.com
SUMMIT PATHOLOGY: Pugliese Sues Over Unprotected Personal Info
--------------------------------------------------------------
AVIANA PUGLIESE, on behalf of herself and on behalf of all other
similarly situated individuals, Plaintiff v. SUMMIT PATHOLOGY and
SUMMIT PATHOLOGY LABORATORIES, INC., Defendants, Case No.
1:24-cv-03230-PAB (D. Colo., November 21, 2024) is a class action
lawsuit against Summit for its negligent failure to protect and
safeguard Plaintiff's and the Class' highly sensitive personally
identifiable information and protected health information.
According to Summit, on or around April 18, 2024, Summit identified
suspicious activity within its computer environment. After an
investigation, Summit identified files within its systems that may
have been accessed or acquired by an unauthorized cybercriminal,
and the impacted systems contained certain patient data. The
Defendants acquired, collected, and stored Plaintiff's and Class
Members' Private Information in connection with the medical
services it provided.
As a result of Summit's negligence and insufficient data security,
cybercriminals easily infiltrated Defendants' inadequately
protected computer systems and stole the PII and PHI of Plaintiff
and the Class (approximately 1,813,538 individuals). Now,
Plaintiff's and the Class' PII and PHI is in the hands of
cybercriminals who will undoubtedly use their PII/PHI for nefarious
purposes for the rest of their lives, says the suit.
Summit Pathology is an independent pathology laboratory serving
hospital systems and physician offices in Colorado, Wyoming, and
Nebraska.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
SYMBOTIC INC: Decker Sues Over Securities Exchange Act Violation
----------------------------------------------------------------
Matthew Decker, individually and on behalf of all others similarly
situated v. SYMBOTIC INC., RICHARD B. COHEN, MARIA G. FREVE, and
CAROL HIBBARD, Case No. 1:24-cv-12976 (D. Mass., Dec. 3, 2024), is
brought on behalf of persons or entities who purchased or otherwise
acquired publicly traded Symbotic securities between February 8,
2024, and November 26, 2024, inclusive (the "Class Period"),
seeking to recover compensable damages caused by Defendants'
violations of the federal securities laws under the Securities
Exchange Act of 1934 (the "Exchange Act").
On July 31, 2024, the Company filed with the SEC its quarterly
report on Form 10-Q for the period ending June 29, 2024 (the "3Q24
Report"). Attached to the 1Q24 Report were certifications pursuant
to the Sarbanes-Oxley Act of 2002 ("SOX") signed by Defendants
Cohen and Hibbard 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.
This statement was materially false and misleading at the time it
was made because the Company had ineffective internal controls.
On November 27, 2024, the Company filed with the SEC a filing
notice on Form 8-K/A. On this news, the price of Symbotic stock
went down by $13.41, or 35.8%, to close at $24.00 per share on
November 27, 2024. 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 other Class members have
suffered significant losses and damages, says the complaint.
The Plaintiff purchased Symbotic securities during the Class Period
and was economically damaged thereby.
Symbotic is an automation technology company which engages in the
production of a robotics and automation-based product movement
technology platform.[BN]
The Plaintiff is represented by:
Joshua Baker, Esq.
Phillip Kim, Esq.
Laurence M. Rosen, 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: jbaker@rosenlegal.com
philkim@rosenlegal.com
lrosen@rosenlegal.com
TONES BY COCOA: Telfort Files TCPA Suit in S.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Tones By Cocoa Skin
Care LLC. The case is styled as Desiree Telfort, individually and
on behalf of all others similarly situated v. Tones By Cocoa Skin
Care LLC, Case No. 1:24-cv-24714-XXXX (S.D. Fla., Dec. 3, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Tones By Cocoa Skin Care LLC -- https://tonesbycocoa.com/ -- is a
luxury organic skincare and organic hair growth products.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
Zane Charles Hedaya, Esq.
Faaris Kamal Uddin, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
zane@jibraellaw.com
faaris@jibraellaw.com
VANN-VIRGINIA CENTER: Hamilton Files Suit in E.D. Virginia
----------------------------------------------------------
A class action lawsuit has been filed against Vann-Virginia Center
For Orthopaedics, P.C. The case is styled as Jolie Hamilton, on
behalf of herself and all others similarly situated v.
Vann-Virginia Center For Orthopaedics, P.C. doing business as:
Atlantic Orthopaedics Specialists, Case No. 2:24-cv-00696-AWA-RJK
(E.D. Va., Dec. 3, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
Vann-Virginia Center for Orthopaedics, P.C. --
https://www.atlanticortho.com/ -- provides healthcare services. The
Company offers joint replacement, pain management, physical
therapy, and other orthopedic services.[BN]
The Plaintiff is represented by:
David Hilton Wise, Esq.
WISE LAW FIRM, PLC
10640 Page Avenue, Suite 320
Fairfax, VA 22030
Phone: (703) 934-6377
Fax: (703) 934-6379
Email: dwise@wiselaw.pro
VENEZUELA: Fails to Pay Interest on Debt Securities, Zahn Says
--------------------------------------------------------------
SABINE ZAHN, individually and on behalf of all others similarly
situated, Plaintiff v. THE BOLIVARIAN REPUBLIC OF VENEZUELA,
Defendant, Case No. 1:24-cv-09271-JPC (S.D.N.Y., Dec. 5, 2024) is a
class action for breach of contract arising from the Republic's
failure to make certain contractually mandated payments of
principal and interest on certain of the Republic's debt
securities.
According to the Plaintiff in the complaint, on or about January
14, 2004, the Republic issued $1,000,000,000 principal amount of
9.375% bonds maturing on January 13, 2034, under ISIN No.
US922646BL74. The Republic issued another $500,000,000 principal
amount of those bonds on or about December 10, 2004. Those
sovereign bonds (the "BL74 Bonds") were issued pursuant to a 1998
Fiscal Agency Agreement (as amended, the "1998 FAA," as described
more fully below). They are governed by New York law and subject to
the jurisdiction of this Court.
The original maturity date of the BL74 Bonds at the times of
issuance was January 13, 2034. As described below, on or about
December 6, 2018, the principal repayment date of the BL74 Bonds
was accelerated to that date. The terms of the BL74 Bonds prescribe
semi-annual interest payment dates on January 13 and July 13. The
Republic failed to repay principal on December 6, 2018; and failed
to make the semi-annual interest payments on January 13, 2018, July
13, 2018, and thereafter, says the suit.
Venezuela officially the Bolivarian Republic of Venezuela, is a
country on the northern coast of South America, consisting of a
continental landmass and many islands and islets in the Caribbean
Sea. [BN]
The Plaintiff is represented by:
Anthony J. Constantini, Esq.
DUANE MORRIS LLP
1540 Broadway
New York, NY 10036-4086
Telephone: (212) 692-1032
Facsimile: (212) 202-4715
Email: AJConstantini@duanemorris.com
VPS of MI PLLC: Tipton Files Suit in E.D. Michigan
--------------------------------------------------
A class action lawsuit has been filed against VPS of MI, PLLC. The
case is styled as Tommie Tipton, individually and on behalf of all
others similarly situated v. VPS of MI, PLLC, Case No.
2:24-cv-13215-LJM-CI (E.D. Mich., Dec. 3, 2024).
The nature of suit is stated as Other P.I. for Personal Injury.
VPS -- https://vpsofmi.com/ -- provides timely follow-up visits and
caregiver support.[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
WERNER ENTERPRISES: Velasco Labor Suit Removed to C.D. Cal.
-----------------------------------------------------------
The case styled EDUARDO VELASCO, individual and on behalf of all
others similarly situated, Plaintiff v. WERNER ENTERPRISES, INC., a
Nebraska Corporation; and DOES 1-50, Defendant, Case No.
CIVSB2427095, was removed from the Superior Court of California,
County of San Bernardino, to the United States District Court for
the Central District of California on November 21, 2024.
The Clerk of Court for the Central District of California assigned
Case No. 5:24-cv-02492 to the proceeding.
The complaint in the State Court Action asserts a representative
cause of action under the Private Attorneys General Act.
Werner Enterprises, Inc. is an American transportation and
logistics company, serving the United States, Mexico and
Canada.[BN]
The Defendant is represented by:
Peter B. Maretz, Esq.
Christina J. Tantoy, Esq.
STOKES WAGNER ALC
401 W. A Street, Suite 2235
San Diego, CA 92101
Telephone: (619) 232-4261
Facsimile: (619) 232-4840
E-mail: pmaretz@stokeswagner.com
ctantoy@stokeswagner.com
WERTHEIMER & SONS: Dury Files Suit in N.J. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Wertheimer & Sons,
Inc. The case is styled as Mary Kate Dury, individually and on
behalf of all others similarly situated v. Wertheimer & Sons, Inc.,
Estate of Grace Colby Drury, John Does 1-10, Jane Does 1-10, ABC
Companies 1-10, DEF Companies 1-10, GHI Companies 1-10, XYZ
Companies 1-10, Case No. L-008383-24 (N.J. Super. Ct., Essex Cty.,
Dec. 3, 2024).
The case type is stated as "Personal Injury."
Wertheimer & Sons Construction, Inc. --
https://wertheimerandsons.com/ -- is a customer-oriented disaster
recovery construction business.[BN]
The Plaintiffs are represented by:
James A. Kassis, Esq.
SCHENCK, PRICE, SMITH & KING, LLP
220 Park Avenue
P.O. Box 991
Florham Park, New Jersey 07932-0991
Phone: (973) 539-1000
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***