/raid1/www/Hosts/bankrupt/CAR_Public/241218.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, December 18, 2024, Vol. 26, No. 253
Headlines
21 MAINS: Seeks More Time to File Class Cert Response
AMBASSADOR THEATRE: Moyse Sues Over Untimely Wage Payments
AMORE PIZZERIA: Underpays Restaurant Staff, Sevilla Suit Alleges
APOLLO INTERACTIVE: Class Cert Bid Filing Due Sept. 19, 2025
ARENAC CASTING: Davies Seeks Grinders' Unpaid OT Wages Under FLSA
ARON SECURITY: Simaha Suit Seeks Unpaid Wages for Security Guards
ATHENE ANNUITY: Face Fisk Suit Over Failure to Secure Personal Info
AXCESS FINANCIAL: Linton Suit Removed to N.D. California
B & H FOTO ELECTRONICS: Young Files FLSA Suit in D. New Jersey
B & JCM DORAL: Pardo Sues Over Discriminative Property
B&S 2010 LLC: Pardo Sues Over Discriminative Property
BADIA SPICES: Guerrero Balks at Misleading Spice Labels
BAGGU CORP: Riley Sues Over Blind-Inaccessible Website
BANK OF NEW YORK MELLON: Class Cert. Briefing Extension Sought
BARRETT FINANCIAL: Blair Seeks Conditional Status of Action
BATH & BODY: Settles Dahlin Credit Card-Related Suit
BATH & BODY: Settles Smidga Class Suit
BEEBE HEALTHCARE: Chalmers Sues to Recover Unpaid Wages
BOJANGLES' RESTAURANTS: Ruiz-Jacobs Files Suit Over Data Breach
BOOKSI LLC: Silvers Files TCPA Suit in S.D. Florida
CARDINAL LOGISTICS: Herrera Files Suit in Cal. Super. Ct.
CASINO FANDANGO: Tipton Suit Removed to D. Nevada
CHEFS' WAREHOUSE: Monzon Suit Alleges Unlawful Labor Practices
CHEX SYSTEMS: Riddick Files FCRA Suit in E.D. Virginia
CHICAGO TRANSIT: Psomas Files Discrimination Class Action
CLEO AI: Bid to Stay Franklin's Claims Partly OK'd
CREDICO INC: Adams Files Suit in D. North Dakota
DATAMAXX APPLIED: Fails to Secure Customers' Info, Hinds Says
DEVOL KITCHENS: Trippett Sues Over Blind's Access to Online Store
DRT GROUP LLC: Liz Files ADA Suit in S.D. New York
EBAY INC: Duran Sues Over Unlawful Pay Practices
ENGLISH CONSTRUCTION: Wilkins Files Suit in W.D. Virginia
EQUIFAX INFORMATION: Holmes Files FCRA Suit in E.D. Virginia
ETRAILER CORP: Suris Sues Over Deaf Users' Equal Access to Website
FCA US: Fulton ERISA Suit Asserts Breach of Fiduciary Duty
FUJIFILM IRVINE: K.S. Sues Over Defective Oil for Embryo Culture
G.B.T. INC: Denies Valid Product Warranty Claims, Vail Suit Claims
GOLDEN ROAD: Tyler Sues Over Unpaid Wages, Consumer Report Claims
GUTHRIE HEALTHCARE: Cratsley Sues Over Discriminatory Discharge
HOLIDAY HOSPITALITY: Wins Summary Judgment vs Park 80
HONEST REI: Faces Walker-Henry Suit Over Unwanted Marketing Calls
INOTIV INC: Class Cert Bid Filing Modified to Feb. 10, 2025
IPREH LLC: Burtons Seeks Initial Approval of Class Settlement Deal
J.E.T. LIMOUSINES: McGhee Sues Over Multiple Labor Law Violations
JOY CONE: Order on FLSA Collective & Rule 23 Class Actions Entered
JOY CONE: Settlement Deal in Currie Class Suit Gets Final Nod
KBOP CORP: Patricio Alleges Failure to Pay Overtime Wages
KEESAL YOUNG: Fails to Protect Customers' Info, Siemanowski Claims
KYVERNA THERAPEUTICS: Rondini Sues Over 82% Drop of Offering Price
LAMB WESTON: Curtze Sues Over Frozen Potato Products Conspiracy
LEADENHALL CAPITAL: Bids for Class Cert in 777 Suit Due Dec. 20
LEGOLAND NEW YORK: Class Cert Conference Set for Jan. 23, 2025
MCBH LLC: Calton Suit Removed to M.D. Alabama
MERRICK PET CARE: Mislabels Pet Food Products, Herter Alleges
METROPOLITAN GOVERNMENT: Infinium Seeks Discovery Sched Extension
MIAMI-DADE COUNTY, FL: Seeks More Time to File Class Cert Response
MISTER CAR WASH: Settlement Reached in Labor-Related Suit
MM. LAFLEUR: Website Inaccessible to the Blind, Raheel Says
MORFE PROPERTIES: Buckner Files TCPA Suit in N.D. Georgia
MV TRANSPORTATION: Edmond Suit Removed from State Ct. to C.D. Cal.
NATIONAL GENERAL: King Seeks to File Class Certification Briefing
NURTURE INC: Must Oppose Sanchez Class Cert by Jan. 10, 2025
OLFACTORY INC: Hernandez Seeks Equal Website Access for the Blind
OPW FUELING: Canales Seeks Conditional Collective Certification
PARAGON FINANCIAL: Sends Unwanted Telemarketing Calls, Salaiz Says
PATRICK J. RUANE: Perez Suit Removed to N.D. California
PERMA-FIX ENVIRONMENTAL: O'Neill Sues for Breach of Contract
PLANET LABS PBC: Continues to Defend Stockholder Class Suit in Del.
PORTLAND LEATHER: Fernandez Sues Over Blind-Inaccessible Website
POST CONSUMER BRANDS: Green Suit Removed to E.D. Pennsylvania
PROGRESSIVE NORTHWESTERN: Court Certifies Class in Knight Suit
RACKSON RESTAURANTS: Parking Areas Violate ADA, Fields Suit Alleges
RECESS PICKLEBALL: Herrera Sues Over Blind-Inaccessible Website
RENT THE RUNWAY: Continues to Defend Sharma Class Suit in N.Y.
RIVERVIEW SUNSHINE: Remus Suit Removed to N.D. California
ROCKFORD GASTROENTEROLOGY: Harris Files Suit in Ill. Cir. Ct.
SANTANDER BANK: Seeks More Time to File Almanzar Class Cert Reply
SCHOLL'S WELLNESS: Website Inaccessible to the Blind, Suit Says
SCULLY & SCULLY: Liz Files ADA Suit in S.D. New York
SET FORTH: Illegally Collects Personal Info, Newbery Says
SIX FLAGS: Discovery Pertaining to Class Cert Bid Now Open
SKYC MANAGEMENT: Class Certification Bid Filing Due Jan. 14, 2025
SPIRIT AIRLINES: Pays $4.3MM Obligation in Cox Suit
STANDARD AND STRANGE: Blind Users Can't Access Website, Zhang Says
SWIFT TRANSPORTATION: Carlson Wins Class Certification Bid
TC HEARTLAND: Class Cert Filing Extended to March 21, 2025
TIER-ONE PROPERTY: Class Cert Ruling Entered in De Martinez Suit
TRAVCO INSURANCE: Cerney Suit Removed to N.D. Illinois
TRB LLC: Terrones Files Suit in Cal. Super. Ct.
TWITTER INC: Revision of Briefing & Hearing Schedule Sought
UIPATH INC: Continues to Defend Consolidated Securities Class Suit
UIPATH INC: Discovery Ongoing in Securities Class Suit
USA QR: Court Certifies Settlement Class in Liang Suit
VESTIS CORPORATION: Faces O'Neill Securities Suit
VESTIS CORPORATION: Faces Securities Suit Over SEC Disclosures
WELLS FARGO BANK: Terry Suit Removed to S.D. Florida
WEST WIND EXPRESS: Smon Files Suit in Cal. Super. Ct.
WOODCRAFT SUPPLY: Frost Sues Over Blind-Inaccessible Website
YUMMI SUSHI: Diaz Suit Removed to C.D. California
*********
21 MAINS: Seeks More Time to File Class Cert Response
------------------------------------------------------
In the class action lawsuit captioned as WILLIAM FORTNER, and
AUTUMN MCMANUS, individually and on behalf of themselves and all
other similarly situated, v. 21 MAIN NORTH BEACH, LLC, a South
Carolina limited liability company, and LOVIN' OVEN CATERING OF
SUFFOLK, LLC, a Delaware limited liability company, Case No.
4:24-cv-05893-JD (D.S.C.), the Defendants ask the Court to enter an
order granting motion for additional time to file response to the
Plaintiffs' motion for conditional certification.
-- The Defendants request an extension of time to file their
response
to Plaintiffs' Collective Motion until Jan. 3, 2025.
-- The Defendants further request the Court set the deadline for
Plaintiffs to file their reply in support of the Collective
Motion
on Jan. 17, 2025.
On Nov. 26, 2024, the Defendants filed an unopposed motion for
additional time to file response to Plaintiffs' motion for
conditional certification, which requested an extension of the Nov.
26, 2024, deadline to respond to the Collective Motion to Dec. 10,
2024.
On Oct. 15, 2024, Plaintiffs William Fortner and Autumn McManus,
individually and on behalf of themselves and all other similarly
situated, filed an eleven count Collective/Class Action Complaint
for Damages and Demand for Jury Trial alleging Defendants 21 Main
North Beach, LLC and Lovin' Oven Catering of Suffolk, LLC violated
the Fair Labor Standards Act, and the South Carolina Payment of
Wages Act.
21 Main is a stand-alone prime steakhouse, sushi bar and upscale
dining establishment.
A copy of the Defendants' motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DUxIwH at no extra
charge.[CC]
The Defendants are represented by:
John F. Connell, Jr., Esq.
Matthew T. Scully, Esq.
H. Carlton Hilson, Esq.
BURR & FORMAN LLP
104 South Main Street, Suite 700
Greenville, SC 29601
Telephone: (864) 271-4940
Facsimile: (864) 271-4015
E-mail: jconnell@burr.com
mscully@burr.com
chilson@burr.com
AMBASSADOR THEATRE: Moyse Sues Over Untimely Wage Payments
----------------------------------------------------------
YVEL MOYSE, on behalf of himself and others similarly situated,
Plaintiff v. AMBASSADOR THEATRE GROUP NORTH AMERICA LLC. and ATG
TICKETS US, LLC, Defendants, Case No. 1:24-cv-08174 (E.D.N.Y.,
November 25, 2024) is an action brought by the Plaintiff alleging
that Defendants paid him and others similarly situated bi-weekly on
an untimely basis, instead of weekly, as required under the New
York Labor Law.
The Plaintiff worked for the Defendants as a security guard at
Defendants' theater in Kings County and was paid bi-weekly at all
times. He is entitled to recover from Defendants: (1) liquidated
damages for untimely wage payments; (2) liquidated damages and
civil penalties pursuant to the NYLL and the New York State Wage
Theft Prevention Act; and (3) prejudgment and post-judgment
interest; and (4) attorneys' fees and costs.
Ambassador Theatre Group North America LLC operates as a single
entity "ATG" who owns a music venue named King's Theater.[BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatpllc.com
AMORE PIZZERIA: Underpays Restaurant Staff, Sevilla Suit Alleges
----------------------------------------------------------------
LENIN SEVILLA, individually and on behalf of all others similarly
situated, Plaintiff v. AMORE PIZZERIA CORP and RICHARD GRAFFEO,
Defendants, Case No. 1:24-cv-08425 (E.D.N.Y., December 9, 2024) is
a class action against the Defendants for violations of the Fair
Labor Standards Act and the New York Labor Law including failure to
pay minimum and overtime wages, failure to provide notice at time
of hiring, and failure to provide accurate wage statements.
The Plaintiff worked for the Defendants as a preparer and kitchen
assistant from approximately October 2022 until November 27, 2024.
Amore Pizzeria Corp is a pizzeria owner and operator with its
principal place of business located at 2110 Union Blvd., Bay Shore,
New York. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, PC
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
APOLLO INTERACTIVE: Class Cert Bid Filing Due Sept. 19, 2025
------------------------------------------------------------
In the class action lawsuit captioned as CAMDEN BRODDLE,
individually and on behalf of all others similarly situated, v.
APOLLO INTERACTIVE INSURANCE SOLUTIONS, LLC, Case No.
4:24-cv-00582-BCW (W.D. Mo.), the Hon. Judge Brian Wimes entered a
scheduling order as follows:
1. The case is set for a telephone conference on Jan. 20, 2026,
at
10:00 a.m. to schedule a trial date and related deadlines.
2. The Plaintiff shall file any motion for class certification
on
or before Sept. 19, 2025.
3. The parties shall amend all pleadings and add parties on or
before Feb. 14, 2025.
4. All pretrial discovery authorized by the Federal Rules of
Civil
Procedure shall be completed on or before Aug. 29, 2025
Apollo Interactive is a performance customer acquisition company.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8xPmov at no extra
charge.[CC]
ARENAC CASTING: Davies Seeks Grinders' Unpaid OT Wages Under FLSA
-----------------------------------------------------------------
JASON DAVIES, individually and on behalf of all others similarly
situated v. ARENAC CASTING, INC., a Michigan corporation, Case No.
2:24-cv-13246-MFL-PTM (E.D. Mich., Dec. 5, 2024) seeks to recover
unpaid wages, liquidated damages, interest, attorney's fees, costs,
and other relief as appropriate under the Fair Labor Standards Act
and the common law claim of unjust enrichment.
The Defendant allegedly had a policy and practice of willfully
refusing to pay Plaintiff and all putative collective members the
legally required amount of overtime compensation for all hours
worked in excess of 40 hours per workweek.
The Plaintiff typically worked between 40 and 50 hours per workweek
for the Defendant. However, the Defendant failed to incorporate any
shift differentials or bonuses into its Hourly Employees' regular
hourly rate calculation, resulting in prima facie violations of the
FLSA. The Defendant also failed to pay an overtime premium to
Plaintiff and all other similarly situated for off-the-clock work
hours in excess of 40 hours per workweek, the suit asserts.
The Plaintiff was employed by the Defendant as an hourly grinder
from July 19, 2023 through July 18 2024.
Arenac is a manufacturing company based in Standish, MI,
specializing in the production of high-quality cast metal
components.[BN]
The Plaintiff is represented by:
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 -
Jonathan Melmed, Esq.
Laura Supanich, Esq.
MELMED LAW GROUP, P.C.
1801 Century Park East, Suite 850
Los Angeles, CA 90067
Telephone: (310) 824-3828
E-mail: jm@melmedlaw.com
lms@melmedlaw.com
ARON SECURITY: Simaha Suit Seeks Unpaid Wages for Security Guards
-----------------------------------------------------------------
MAHAMADOU SIMAHA and MARLON SMITH, on behalf of themselves and all
others similarly situated, Plaintiffs v. ARON SECURITY, INC. dba
ARROW SECURITY, Defendant, Case No. 1:24-cv-09339 (S.D.N.Y.,
December 9, 2024) is a class action against the Defendant for
violations of the Fair Labor Standards Act and the New York Labor
Law including failure to pay minimum wages and overtime wages,
failure to provide wage notice, and failure to provide accurate
wage statements.
Plaintiffs Simaha and Smith worked for the Defendant as security
guards from on or around December 6, 2022 to around the end of
March 2023 and from in or around August 2023 until in or around
March 2024, respectively.
Aron Security, Inc., doing business as Arrow Security, is a
provider of security services based in Smithtown, New York. [BN]
The Plaintiffs are represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810,
New York, NY 10017
Telephone: (718) 669-0714
Email: mgangat@gangatpllc.com
ATHENE ANNUITY: Face Fisk Suit Over Failure to Secure Personal Info
-------------------------------------------------------------------
DEBORA FISK, on behalf of herself and all others similarly
situated, Plaintiff v. ATHENE ANNUITY AND LIFE COMPANY, Defendant,
Case No. 4:24-cv-00415-SHL-HCA (S.D. Iowa, November 26, 2024) is a
class action against Defendant for its failure to properly secure
and safeguard sensitive information of its customers, including
Plaintiff.
The Plaintiff's and Class Members' sensitive personally
identifiable information -- which they entrusted to Defendant on
the mutual understanding that Defendant would protect it against
disclosure -- was targeted, compromised, and unlawfully accessed
due to the data breach. The PII compromised in the Data Breach was
exfiltrated by cyber-criminals and remains in the hands of those
cyber-criminals who target PII for its value to identity thieves,
says the suit.
The Plaintiff brings this class action lawsuit on behalf all those
similarly situated to address Defendant's inadequate safeguarding
of Class Members' PII that it collected and maintained, and for
failing to provide timely and adequate notice to Plaintiff and
other Class Members that their information had been subject to the
unauthorized access by an unknown third party and precisely what
specific type of information was accessed.
Athene Annuity and Life Company is an insurance company that
provides retirement income and savings products to customers
throughout the United States.[BN]
The Plaintiff is represented by:
J. Barton Goplerud, Esq.
Brian O. Marty, Esq.
Shindler, Anderson, Goplerud & Weese P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Telephone: (515) 223-4567
Facsimile: (515) 223-8887
E-mail: goplerud@sagwlaw.com
marty@sagwlaw.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 332-4200
E-mail: ostrow@kolawyers.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
AXCESS FINANCIAL: Linton Suit Removed to N.D. California
--------------------------------------------------------
The case styled as Lakisha Cole Linton, individually and on behalf
of all others similarly situated v. AXCESS FINANCIAL SERVICES, INC.
an Ohio Corporation, and DOES 1 through 50, Inclusive, Case No.
23-CV-028384 was removed from the Superior Court of the State of
California for the County of Alameda, to the United States District
Court for the Northern District of California on Dec. 9, 2024, and
assigned Case No. 3:24-cv-08888.
On December 6, 2024, Linton filed a First Amended Complaint ("FAC")
against Axcess. In addition to the single cause of action alleged
in the original Complaint under California Business and Professions
Code, the FAC asserts a second cause of action under California
Civil Code. The FAC also seeks an award of actual damages on behalf
of Linton and the putative class against Axcess.[BN]
The Defendants are represented by:
Scott M. Pearson, Esq.
MANATT, PHELPS & PHILLIPS, LLP
2049 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: 310.312.4000
Facsimile: 310.312.4224
Email: spearson@manatt.com
- and -
Brandon Wong, Esq.
MANATT, PHELPS & PHILLIPS, LLP
695 Town Center Drive, 14th Floor
Costa Mesa, CA 92626
Phone: 714.338.2722
Facsimile: 714.371.2550
Email: bwong@manatt.com
B & H FOTO ELECTRONICS: Young Files FLSA Suit in D. New Jersey
--------------------------------------------------------------
A class action lawsuit has been filed against B & H Foto &
Electronics Corp. The case is styled as Don Young, individually,
and on behalf of all others similarly situated v. B & H Foto &
Electronics Corp d/b/a B and H Photo & Electronics Corp., Case No.
1:24-cv-10947 (D.N.J., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
B&H Photo Video -- https://www.bhphotovideo.com/ -- is an American
photo and video equipment retailer founded in 1973, based in
Manhattan, New York City.[BN]
The Plaintiffs are represented by:
NICHOLAS RAYMOND CONLON, Esq.
BROWN, LLC
111 Town Square Place, Suite 400
Jersey City, NJ 07310
Phone: (877) 561-0000
Fax: (855) 582-5297
Email: nicholasconlon@jtblawgroup.com
B & JCM DORAL: Pardo Sues Over Discriminative Property
------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. B & JCM DORAL DEVELOPMENT, L.L.C. and
MASTER CREPES LLC D/B/A MASTER CREPES, Case No. 1:24-cv-24775-XXXX
(S.D. Fla., Dec. 6, 2024), is brought for injunctive relief,
attorneys' fees, litigation expenses, and costs pursuant to the
Americans with Disabilities Act ("ADA") as a result of the
Defendant's discrimination against the individual Plaintiff by
denying him access to, and full and equal enjoyment of, the goods,
services, facilities, privileges, advantages and/or accommodations
of the commercial property and restaurant and bar business within
the commercial property.
Although over 32 years has passed since the effective date of Title
III of the ADA, Defendant has yet to make its/their facilities
accessible to individuals with disabilities. The Plaintiff found
the commercial property and commercial restaurant business located
within the commercial property to be rife with ADA violations. The
Plaintiff encountered architectural barriers at the commercial
property and commercial restaurant business located within the
commercial property and wishes to continue his patronage and use of
the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject places of public accommodation.
The barriers to access at Defendant's commercial property and
commercial business have each denied or diminished Plaintiff's
ability to visit these places of public accommodation and have
endangered his safety in violation of the ADA. The barriers to
access have likewise posed a risk of injury(ies), embarrassment,
and discomfort to Plaintiff and others similarly situated.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the commercial property, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
B & JCM DORAL DEVELOPMENT, L.L.C., owns and operates a place of
public accommodation.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Primary Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
B&S 2010 LLC: Pardo Sues Over Discriminative Property
-----------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. B&S 2010 LLC and ALL SONS LLC D/B/A
ALLAPATAH GROCERY STORE, Case No. 1:24-cv-24771-XXXX (S.D. Fla.,
Dec. 6, 2024), is brought for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendant's
discrimination against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property and restaurant and bar business within the
commercial property.
Although over 32 years has passed since the effective date of Title
III of the ADA, Defendant has yet to make its/their facilities
accessible to individuals with disabilities. The Plaintiff found
the commercial property and commercial restaurant business located
within the commercial property to be rife with ADA violations. The
Plaintiff encountered architectural barriers at the commercial
property and commercial restaurant business located within the
commercial property and wishes to continue his patronage and use of
the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject places of public accommodation.
The barriers to access at Defendant's commercial property and
commercial market business has each denied or diminished
Plaintiff's ability to visit these places of public accommodation
and have endangered his safety in violation of the ADA. The
barriers to access have likewise posed a risk of injury(ies),
embarrassment, and discomfort to Plaintiff and others similarly
situated.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the commercial property, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
B&S 2010 LLC, owns and operates a place of public
accommodation.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Primary Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
BADIA SPICES: Guerrero Balks at Misleading Spice Labels
-------------------------------------------------------
Erika Guerrero, individually and on behalf of all others similarly
situated, Plaintiff v. Badia Spices, Inc., Defendant, Case No.
1:24-cv-08210 (E.D.N.Y., November 26, 2024) is an action seeking to
remedy the deceptive and misleading business practices of Badia
Spices Inc. related to the manufacturing, marketing, and sale of
its Badia Ground Ginger and Badia Ground Cinnamon products
throughout the state of New York and throughout the U.S.
The complaint alleges that the Defendant has improperly,
deceptively, and misleadingly labeled and marketed its Products to
reasonable consumers, like Plaintiff, by omitting and not
disclosing to consumers on its packaging that the Products are
contaminated with unsafe levels of lead, which is a powerful
neurotoxin that is known to cause cognitive deficits, mental
illness, dementia, and hypertension.
Accordingly, Defendant's conduct violated and continues to violate,
inter alia, New York General Business Law. The Defendant also
breached and continues to breach its warranties regarding the
Products, says the suit.
Badia Spices, Inc. is an American manufacturer of spices and
herbs.[BN]
The Plaintiff is represented by:
Jason P. Sultzer, Esq.
Daniel Markowitz, Esq.
SULTZER & LIPARI, PLLC
85 Civic Center Plaza, Suite 200
Poughkeepsie, NY 12601
Telephone: (845) 483-7100
Facsimile: (888) 749-7747
E-mail: sultzerj@thesultzerlawgroup.com
markowitzd@thesultzerlawgroup.com
BAGGU CORP: Riley Sues Over Blind-Inaccessible Website
------------------------------------------------------
AMANIE RILEY, on behalf of herself and all others similarly
situated, Plaintiff v. Baggu Corporation, Defendant, Case No.
1:24-cv-09000 (S.D.N.Y., November 25, 2024) is a civil rights
action against Baggu for its failure to design, construct,
maintain, and operate its website, https://www.baggu.com, to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons in violation of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
This case arises out of Defendant's policy and practice of
maintaining an inaccessible website denying blind persons access to
the goods and services of Baggu.com. Due to Defendant's conduct of
failing to remove access barriers, Plaintiff and other similarly
situated blind persons have been and are being denied full and
equal access to independently browse, select and shop on
Baggu.com.
The Plaintiff seeks a permanent injunction to cause a change in
Baggu's policies, practices, and procedures to that its website
will become and remain accessible to blind and visually-impaired
consumers. This complaint also seeks compensatory damages to
compensate Class members for having been subjected to unlawful
discrimination.
Baggu Corporation operates the website that offers different types
of bags and accessories.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
BANK OF NEW YORK MELLON: Class Cert. Briefing Extension Sought
--------------------------------------------------------------
In the class action lawsuit captioned as SERGIO MOGOLLON, et al.,
v. THE BANK OF NEW YORK MELLON, Case No. 3:19-cv-03070-N-BV (N.D.
Tex.), the Parties ask the Court to enter an order granting a short
extension to the class certification briefing and submission
schedule.
Specifically, the parties seek to have the deadline for:
-- BNY's opposition to move from Dec. 13, 2024, to Dec. 23, 2024;
-- Plaintiffs' reply from Jan. 23, 2025, to Jan. 30, 2025; and
-- the submission date from Jan. 30, 2025, to Feb. 6, 2025.
Because Mr. Farrell's trial commitments lasted longer than
anticipated and he was unable to address Plaintiffs' motion for
class certification during that time, counsel for BNY has conferred
with counsel for Plaintiffs for a brief extension for the deadline
for BNY's response.
Bank of New York Mellon is an American international financial
services company.
A copy of the Parties' motion dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eGBTib at no extra
charge.[CC]
The Plaintiffs are represented by:
Eugene E. Stearns, Esq.
Jay B. Shapiro, Esq.
Joshua Munn, Esq.
Abigail G. Corbett, Esq.
Veronica L. de Zayas, Esq.
Ezra Greenberg, Esq.
STEARNS WEAVER MILLER WEISSLER
ALHADEFF & SITTERSON, P.A.
Museum Tower
150 W Flagler Street, Suite 2200
Miami, FL 33130
Telephone: (305) 789-3200
Facsimile: (305) 789-3395
E-mail: estearns@stearnsweaver.com
jshapiro@stearnsweaver.com
jmunn@stearnsweaver.com
vdezayas@stearnsweaver.com
egreenberg@stearnsweaver.com
acorbett@stearnsweaver
- and -
Michael E. Criden, Esq.
Lindsey C. Grossman, Esq.
CRIDEN & LOVE, P.A.
7301 S.W. 57th Court, Suite515
South Miami, FL 33143
Telephone: (305) 357-3900
Facsimile: (305) 357-9050
E-mail: mcriden@cridenlove.com
lgrossman@cridenlove.com
- and -
James E. Cecchi, Esq.
CARELLA BYRNE CECCH
BRODY & AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
Facsimile: (973) 994-1744
E-mail: jcecchi@carellabyrne.com
- and -
Michael A. Hanzman, Esq.
BILZIN SUMBERG BAENA PRICE &
AXELROD LLP
1450 Brickell Avenue, Suite 2300
Miami, FL 33131
Telephone: (305) 374-7580
E-mail: mhanzman@bilzin.co
The Defendant is represented by:
Thomas M. Farrell, Esq.
Jeffrey J. Chapman, Esq.
Melek J. Dunn, Esq.
Philip A. Goldstein, Esq.
MCGUIREWOODS LLP
845 Texas Avenue, 24th Floor
Houston, TX 77002
Telephone: (713) 571-9191
Facsimile: (713) 571-9652
E-mail: tfarrell@mcguirewoods.com
jchapman@mcguirewoods.com
mdunn@mcguirewoods.com
PaGoldstein@mcguirewoods.com
BARRETT FINANCIAL: Blair Seeks Conditional Status of Action
-----------------------------------------------------------
In the class action lawsuit captioned as Jennifer Blair, an Arizona
Resident, Individually and on Behalf of All Others Similarly
Situated; v. Barrett Financial Group, LLC a Delaware limited
liability company; Case No. 2:24-cv-03157-DJH (D. Ariz.), the
Plaintiff asks the Court to enter an order:
-- conditionally certifying a collective action pursuant to
Section
216(b) of the Fair Labor Standards Act ("FLSA") consisting of:
"All employees who work[ed] for Defendant Barrett Financial
Group,
LLC and/or a related entity; within the last three years; who
work[ed] over 40 hours in any given workweek as a past or
present
loan processor (or similar job title and/or similar job duties
and
responsibilities) are known as the as (the "Collective
Members").
The Plaintiffs claim that these people were not paid overtime
at
the correct overtime rate of pay for all hours worked over 40
in a
given workweek and/or worked off the clock hours that they did
not
receive overtime compensation for are known.
-- authorizing the Opt-In procedure; and
-- for any such other relief as this Court deems just and proper.
The Plaintiff was a full-time corporate loan processor who worked
for the Defendant from July 2023 through October 28, 2024.
Barrett offers top Local mortgage services.
A copy of the Plaintiff's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IupaZd at no extra
charge.[CC]
The Plaintiff is represented by:
James Weiler, Esq.
Jason Barrat, Esq.
WEILER LAW PLLC
5050 N. 40th St., Suite 260
Phoenix, AZ 85018
Telephone: (480) 442-3410
Facsimile: (480) 442-3410
E-mail: jweiler@weilerlaw.com
jbarrat@weilerlaw.com
BATH & BODY: Settles Dahlin Credit Card-Related Suit
----------------------------------------------------
Bath & Body Works, Inc. disclosed in its Form 10-Q for the
quarterly period ended November 2, 2024, filed with the Securities
and Exchange Commission on November 26, 2024, that it was named as
a defendant in a putative class action "Dahlin v. Bath & Body
Works, LLC" in the Santa Barbara County, California Superior Court.
The company has reached an agreement with the plaintiffs, case was
consolidated with another case and said court issued final approval
of the settlement on October 24, 2024.
The complaint alleged that the company violated the Fair and
Accurate Credit Transactions Act by printing more than the last
five digits of credit or debit card numbers on customers’
receipts and, among other things, sought statutory damages,
attorneys’ fees and costs.
Bath & Body Works, Inc. is a global omnichannel retailer focused on
personal care and home fragrance. It sells merchandise through its
retail stores in the United States of America and Canada, and
through its websites and other channels, under the Bath & Body
Works, White Barn and other brand names.
BATH & BODY: Settles Smidga Class Suit
--------------------------------------
Bath & Body Works, Inc. disclosed in its Form 10-Q for the
quarterly period ended November 2, 2024, filed with the Securities
and Exchange Commission on November 26, 2024, that it was named as
a defendant in a putative class action "Smidga, et al. v. Bath &
Body Works, LLC" in the Allegheny County, Pennsylvania Court of
Common Pleas. The company has reached an agreement with the
plaintiffs, case was consolidated with another case and said court
issued final approval of the settlement on October 24, 2024.
The complaint alleged that the company violated the Fair and
Accurate Credit Transactions Act by printing more than the last
five digits of credit or debit card numbers on customers' receipts
and, among other things, sought statutory damages, attorneys' fees
and costs.
Bath & Body Works, Inc. is a global omnichannel retailer focused on
personal care and home fragrance. It sells merchandise through its
retail stores in the United States of America and Canada, and
through its websites and other channels, under the Bath & Body
Works, White Barn and other brand names.
BEEBE HEALTHCARE: Chalmers Sues to Recover Unpaid Wages
-------------------------------------------------------
Rolande Chalmers, individually and for others similarly situated v.
BEEBE HEALTHCARE, INC., Case No. 1:24-cv-01340-UNA (D. Del., Dec.
9, 2024), is brought to recover unpaid wages and other damages in
violation the Fair Labor Standards Act (FLSA) and the Delaware Wage
Payment and Collection Act (WPCA).
The Plaintiff and the other Straight Time Workers regularly work
more than 40 hours a workweek. But the Plaintiff and the other
Straight Time Workers are not paid required overtime wages when
they work in excess of 40 hours a workweek for the Defendant.
Instead, the Defendant misclassifies the Plaintiff and the other
Straight Time Workers as independent contractors to avoid paying
overtime.
And, while working for the Defendant, the Plaintiff and the other
Straight Time Workers are paid the same hourly rate, "straight
time," for all hours worked each workday and never paid 1.5 times
their regular rates of pay for hours worked in excess of 40 a
workweek (straight time for overtime). And the Defendant applies
its straight time for overtime pay scheme to the Plaintiff and the
other Straight Time Workers regardless of any allegedly
individualized differences, says the complaint.
The Plaintiff worked for the Defendant as a Registered Nurse (RN)
in Lewes, Delaware.
Beebe is a healthcare provider that "offers an array of inpatient,
outpatient, emergency, and diagnostic services" and touts its
"specialized service lines include cardiac and vascular, surgical
services, oncology, women's health, and orthopaedic services."[BN]
The Plaintiff is represented by:
Brian E. Farnan, Esq.
Michael J. Farnan, Esq.
FARNAN LLP
919 North Market Street, 12th Floor
Wilmington, DE 19801
Phone: 302-777-0300
Facsimile: 302-777-0301
Email: bfarnan@farnanlaw.com
mfarnan@farnanlaw.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LAW FIRM
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: 713-352-1100
Facsimile: 713-352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Facsimile: 713-877-8065
Email: rburch@brucknerburch.com
BOJANGLES' RESTAURANTS: Ruiz-Jacobs Files Suit Over Data Breach
---------------------------------------------------------------
JESSIE RUIZ-JACOBS, individually and on behalf of all others
similarly situated, Plaintiff v. BOJANGLES' RESTAURANTS, INC.,
Defendant, Case No. 5:24-cv-668 (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.
The Defendant obtained and stored the personal information of
Plaintiff and Class members as part of its business. By taking
possession and control of Plaintiff's and Class members' personal
information, Defendant assumed a duty to securely store and protect
it.
On March 12, 2024, Bojangles detected suspicious activity on its
computer network, indicating a data breach. As a result of the data
breach, the Plaintiff and Class members have already suffered
damages. For example, now that their personal information has been
released into the criminal cyber domains, the Plaintiff and Class
members are at imminent and impending risk of identity theft. This
risk will continue for the rest of their lives, as Plaintiff and
Class members are now forced to deal with the danger of identity
thieves possessing and using their personal information, says the
suit.
Bojangles' Restaurants, Inc. is a Southern-inspired fast-food chain
known for fried chicken & biscuits. It has locations across the
U.S.[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 -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
5335 Wisconsin Ave., NW, Suite 440
Washington, DC 20015
Telephone: (866) 252-0878
E-mail: dlietz@milberg.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
BOOKSI LLC: Silvers Files TCPA Suit in S.D. Florida
---------------------------------------------------
A class action lawsuit has been filed against Booksi, LLC. The case
is styled as David Silvers, individually and on behalf of all
others similarly situated v. Booksi, LLC, Case No.
0:24-cv-62313-XXXX (S.D. Fla., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Booksi, LLC -- https://booksi.com/ -- offers lowest hotel deals
guaranteed.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
CARDINAL LOGISTICS: Herrera Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Cardinal Logistics
Management Corporation, et al. The case is styled as Cesar Herrera,
an individual and on behalf of all others similarly situated v.
Cardinal Logistics Management Corporation, Ryan Odell, an
individual, Case No. STK-CV-UOE-2024-0016890 (Cal. Super. Ct., San
Joaquin Cty., Dec. 6, 2024).
The case type is stated as "Other Employment Complaint Case."
Cardinal is a leading third-party logistics provider focused on
Dedicated Contract Carriage, Final Mile Delivery and Logistics
Management services.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd., Ste. 300
Los Angeles, CA 90024-4937
Phone: 310-438-5555
Fax: 310-300-1705
Email: david@tomorrowlaw.com
CASINO FANDANGO: Tipton Suit Removed to D. Nevada
-------------------------------------------------
The case is styled as Bert Tipton, individually and on behalf of
all other similarly situated v. Casino Fandango L.L.C., Case No.
24OC001861B was removed from the First Judicial District Court
Carson City, NV, to the U.S. District Court for the District of
Nevada on Dec. 6, 2024.
The District Court Clerk assigned Case No. 3:24-cv-00561-ART-CLB to
the proceeding.
The nature of suit is stated Other P.I. for Tort/Non-Motor
Vehicle.
Casino Fandango -- https://casinofandango.com/ -- is a hotel and
casino located in Carson City, Nevada.[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH JENNINGS & GARVEY, PLLC
3100 W. Charleston Blvd., Ste. 208
Las Vegas, NV 89102
Phone: (725) 235-9750
Email: nathan@rrvlawyers.com
The Defendant is represented by:
Brooks Todd Westergard, Esq.
John Patrick Desmond, Esq.
DICKINSON WRIGHT PLLC
100 W Liberty St., Ste. 940
Reno, NV 89501
Phone: (775) 343-7500
Fax: (844) 367-6009
Email: bwestergard@dickinsonwright.com
jdesmond@dickinson-wright.com
CHEFS' WAREHOUSE: Monzon Suit Alleges Unlawful Labor Practices
--------------------------------------------------------------
FRANCISCO ROBLEDI FUENTES MONZON, individually, and on behalf of
all others similarly situated, Plaintiff v. THE CHEFS' WAREHOUSE,
INC.; THE CHEFS' WAREHOUSE WEST COAST, LLC; and DOES 1 through 10,
inclusive, Defendants, Case No. 24STCV31273 (Cal. Super., Los
Angeles Cty., November 26, 2024) is a class action against the
Defendants for California Labor Code violations, unfair business
practices, and civil penalties under the Private Attorneys General
Act of 2004.
The suit arises from the Defendants' failure to pay minimum wages,
failure to pay overtime wages, failure to provide meal periods,
failure to authorize and permit rest periods, failure to maintain
accurate records of hours worked and meal periods, failure to
timely pay all wages to terminated employees, failure to indemnify
necessary business expenses, and failure to furnish accurate wage
statements.
The Plaintiff is a California resident that worked for Defendants
in the County of Los Angeles, State of California, from
approximately 2020 to November 2023.
The Chefs' Warehouse, Inc. distributes specialty food products in
the United States.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Allen Feghali, Esq.
Lilit Ter-Astvatsatryan, Esq.
S. Emily Grams, Esq.
MOON LAW GROUP, PC
725 South Figueroa St., 31st Floor
Los Angeles, CA 90017
Telephone: (213) 232-3128
Facsimile: (213) 232-3125
E-mail: kmoon@moonlawgroup.com
afeghali@moonlawgroup.com
lilit@moonlawgroup.com
segrams@moonlawgroup.com
CHEX SYSTEMS: Riddick Files FCRA Suit in E.D. Virginia
------------------------------------------------------
A class action lawsuit has been filed against Chex Systems, Inc.
The case is styled as Sharon K. Riddick, on behalf of herself and
all others similarly situated v. Chex Systems, Inc., Case No.
2:24-cv-00700-JKW-LRL (E.D. Va., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Chex Systems, Inc. -- https://www.chexsystems.com/ -- provides
account verification services primarily for financial
institutions.[BN]
The Plaintiff is represented by:
Craig Carley Marchiando, Esq.
Leonard Anthony Bennett, Esq.
Mark Clifton Leffler, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J. Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: craig@clalegal.com
lenbennett@clalegal.com
mark@clalegal.com
- and -
Emily Connor Kennedy, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
626 E. Broad Street, Suite 300
Richmond, VA 23219
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: emily@clalegal.com
CHICAGO TRANSIT: Psomas Files Discrimination Class Action
---------------------------------------------------------
JIM PSOMAS, individually and on behalf of all others similarly
situated, Plaintiff v. CHICAGO TRANSIT AUTHORITY, Defendant, Case
No. 1:24-cv-12173 (N.D. Ill., November 25, 2024) is a class action
brought by Plaintiff, a former employee of the Chicago Transit
Authority, alleging that the Defendant violated the Americans with
Disabilities Act by engaging in a comprehensive pattern and
practice of disability-based discrimination relating to its
COVID-19 vaccination mandate.
Plaintiff Psomas suffers from Hashimoto's Disease -- a rare
autoimmune disorder linked to thyroid deficiency that affects every
part of his daily life. His condition is exacerbated by heart
palpitations and, during the relevant timeframe, a significant
chance of cancer. At his doctor's direction and after consultation
with his medical team at the Endocrinology Division of the Mayo
Clinic, Plaintiff Psomas informed CTA that he could not receive a
COVID-19 vaccine.
The complaint alleges that CTA denied Mr. Psomas's request for an
accommodation, absurdly claiming -- in what appears to be an
obvious form denial statement -- that he "did not specify a reason
why he was medically unable to receive the COVID-19 vaccination or
how his medical condition was contraindicated to the COVID-19
vaccination."
The Plaintiff seeks damage, including back pay, front pay,
liquidated damages, punitive damages, lost benefits, compensatory
damages, damages for emotional distress, pain and suffering,
reasonable attorneys' fees and costs, declaratory relief,
injunctive relief, as well as any other relief to which he and his
putative class members are entitled.
Chicago Transit Authority is a governmental entity having a
principal place of business in Chicago, Illinois.[BN]
The Plaintiff is represented by:
Lisa Considine, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue Suite 500
New York, NY 10151
Telephone: (717) 967-5529
Facsimile: (646) 417-5967
E-mail: dconsidine@sirillp.com
- and -
Walker D. Moller, Esq.
SIRI & GLIMSTAD LLP
1005 Congress Avenue Suite 925-C36
Austin, TX 78701
Telephone: (512) 265-5622
Facsimile: (646) 417-5967
E-mail: wmoller@sirillp.com
- and -
John C. Sullivan, Esq.
S|L LAW PLLC
610 Uptown Boulevard Suite 2000
Cedar Hill, TX 75104
Telephone: (469) 523-1351
Facsimile: (469) 613-0891
E-mail: john.sullivan@the-sl-lawfirm.com
CLEO AI: Bid to Stay Franklin's Claims Partly OK'd
--------------------------------------------------
In the class action lawsuit captioned as SHAMIA FRANKLIN, et al.,
v. CLEO AI INC., Case No. 1:24-cv-00146-JMC (D. Md.), the Hon.
Judge Mark Coulson entered an order granting in part and denying in
part Defendant's motion to stay Shamia Franklin's claims during the
stay of Devon Chapman's claims:
1) The parties may commence discovery with regard to Ms.
Franklin's
individual claims; and
2) The parties shall file a Proposed Scheduling Order setting
forth
deadlines for discovery regarding Ms. Franklin's individual
claims within 14 days of the entry of this Order; and
3) The parties shall file a Joint Status Report within 14 days
of a
decision by the Fourth Circuit on Defendant's arbitrability
appeal, indicating their respective positions on the case
status
and including a Proposed Scheduling Order; and
4) Class discovery shall be stayed; and
5) The parties shall not file dispositive motions or a motion
for
class certification without leave of this Court.
Accordingly, the Court will allow discovery to move forward with
respect to Ms. Franklin's individual claims but will not permit
class discovery or briefing on class certification or dispositive
motions until Defendant’s appeal is decided.
The Plaintiffs filed the present lawsuit against the Defendant on
Jan. 16, 2024, alleging violations of the Maryland Consumer Loan
Law (Count I); the Truth in Lending Act (Count II); the Electronic
Funds Transfer Act (Count III); and the Maryland Consumer
Protection Act (Count IV).
Cleo AI provides technology solutions. The Company offers an AI
assistant platform to fix personal finance.
A copy of the Court's order dated Dec. 6, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ieWrME at no extra
charge.[CC]
CREDICO INC: Adams Files Suit in D. North Dakota
------------------------------------------------
A class action lawsuit has been filed against Credico, Inc. The
case is styled as Pearl Adams, individually and on behalf of all
others similarly situated v. Credico, Inc. doing business as:
Credit Collections Bureau, Case No. 1:24-cv-00247-DLH-CRH (D.N.D.,
Dec. 9, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Credico -- https://www.credico.com/ -- is the world's leading
face-to-face customer acquisition agency, helping our clients
attract and retain loyal customers.[BN]
The Plaintiff is represented by:
Yaakov Saks, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601-2726
Phone: (201) 282-6500
Email: ysaks@steinsakslegal.com
DATAMAXX APPLIED: Fails to Secure Customers' Info, Hinds Says
-------------------------------------------------------------
NADEJA HINDS, individually and on behalf of all others similarly
situated v. DATAMAXX APPLIED TECHNOLOGIES, INC., Case No.
4:24-cv-00487-AW-MJF (N.D. Fla., Dec. 5, 2024) sues the Defendant
for its failure to properly secure and safeguard Plaintiff's and
other similarly situated individuals' personally identifying
information and private health information.
On Dec. 17, 2023, the Defendant "experienced a network disruption"
and, after an investigation, determined that between December 1 and
December 17, 2023 "certain files may have been accessed or acquired
without authorization" (the "Data Breach").
Although the Data Breach occurred in December 2023, it was not
until Nov. 12, 2024 that Datamaxx "learned that some of
[consumers'] personal information was contained in the potentially
affected data," and began notifying consumers, the Plaintiff
avers.
The Data Breach involved consumers' names, Social Security numbers,
driver's license numbers, and medical information, and exposed this
PII/PHI for approximately 61,985 individuals.
The Plaintiff and Class Members have suffered injury as a result of
Defendant's conduct. These injuries include invasion of privacy;
lost or diminished value of PII/PHI; lost time and opportunity
costs associated with attempting to mitigate the actual
consequences of the Data Breach; loss of benefit of the bargain; an
increase in spam calls, texts, and/or emails; and the continued and
certainly increased risk to their PII/PHI, the suit asserts.
Plaintiff Hinds is a citizen and resident of Hiram, Georgia. The
Plaintiff received a notice from Datamaxx that her PII/PHI was
involved in the Data Breach.
Datamaxx provides communications, data access, and intelligence
services to law enforcement agencies and private security
companies. [BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
- and -
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: aferich@ahdootwolfson.com
DEVOL KITCHENS: Trippett Sues Over Blind's Access to Online Store
-----------------------------------------------------------------
ALFRED TRIPPETT, on behalf of himself and all others similarly
situated, Plaintiff v. DEVOL KITCHENS USA, INC., Defendant, Case
No. 1:24-cv-09351 (S.D.N.Y., December 9, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, 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,
https://www.devolkitchens.com, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of its
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include, but
not limited to: inaccurate heading hierarchy, ambiguous link texts,
changing of content without advance warning, lack of alt-text on
graphics, inaccurate drop-down menus, the lack of navigation links,
the lack of adequate labeling of form fields, the denial of
keyboard access for some interactive elements, redundant links
where adjacent links go to the same URL address, and the
requirement that transactions 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.
DeVOL Kitchens USA, Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
Email: Glevyfirm@gmail.com
DRT GROUP LLC: Liz Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against DRT Group, LLC. The
case is styled as Pedro Liz, on behalf of himself and all others
similarly situated v. DRT Group, LLC, Case No. 1:24-cv-09289
(S.D.N.Y., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
DRT LLC -- https://drtshared.com/ -- is a shared services
organization that contracts with entities to provide support
services.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (347) 941-4715
Email: glevy@glpcfirm.com
EBAY INC: Duran Sues Over Unlawful Pay Practices
------------------------------------------------
MANUEL DURAN, on behalf of himself and all others similarly
situated, Plaintiff v. EBAY INC., Defendant, Case No. 1:24-cv-08281
(E.D.N.Y., November 29, 2024) arises out of Defendant's failure to
pay Plaintiffs on a weekly basis, in violation of the Fair Labor
Standards Act, and the New York Labor Law.
From approximately December 2020 through April 2, 2023, Plaintiff
Duran worked as a sneaker authenticator in a warehouse in Queens,
NY. At most points during Plaintiff Duran's employment with
Defendant at the said warehouse, the Defendant employed
approximately 60 other warehouse workers who spent more than 25% of
their working time engaged in physical labor. However, the
Defendant paid Duran and other similarly situated individuals every
other week, rather than weekly, says the suit.
Headquartered in San Jose, CA, Ebay, Inc. is the proprietor of
www.ebay.com, an Internet-based marketplace that allows those who
register with it to purchase goods from and sell goods to one
another. [BN]
The Plaintiff is represented by:
S/Avi Mermelstein, Esq.
ARENSON, DITTMAR & KARBAN
420 Lexington Avenue, Suite 1402
New York, NY 10170
Telephone: (212) 490-3600
Facsimile: (212) 682-0278
E-mail: avi@adklawfirm.com
ENGLISH CONSTRUCTION: Wilkins Files Suit in W.D. Virginia
---------------------------------------------------------
A class action lawsuit has been filed against English Construction
Company, Inc. The case is styled as Clifton Wilkins, individually
and on behalf of all others similarly situated v. EZ Lender LLC,
Case No. 6:24-cv-00059-NKM (W.D. Va., Dec. 6, 2024).
The nature of suit is stated Other P.I. for Other Contract.
English Construction Company, Inc. -- https://www.englishconst.com/
-- provides construction services.[BN]
The Plaintiff is represented by:
Devon J. Munro, Esq.
MUNRO BYRD P.C.
120 Day Ave. SW, First Floor
Roanoke, VA 24016
Phone: (540) 283-9343
Fax: (540) 283-5162
Email: dmunro@trialsva.com
EQUIFAX INFORMATION: Holmes Files FCRA Suit in E.D. Virginia
------------------------------------------------------------
A class action lawsuit has been filed against Equifax Information
Services, LLC, et al. The case is styled as Erin Holmes, on behalf
of herself and all others similarly situated v. Equifax Information
Services, LLC, Experian Information Solutions, Inc., Trans Union,
LLC, Discover Financial Services, Inc., Case No. 3:24-cv-00872-HEH
(E.D. Va., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Equifax -- https://www.equifax.com/ -- is one of the three
nationwide providers of consumer reports.[BN]
The Plaintiff is represented by:
Leonard Anthony Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES
763 J. Clyde Morris Boulevard, Suite 1A
Newport News, VA 23601
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: lenbennett@clalegal.com
- and -
Emily Connor Kennedy, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
626 E. Broad Street, Suite 300
Richmond, VA 23219
Phone: (757) 930-3660
Fax: (757) 930-3662
Email: emily@clalegal.com
ETRAILER CORP: Suris Sues Over Deaf Users' Equal Access to Website
------------------------------------------------------------------
YAROSLAV SURIS, on behalf of herself and all others similarly
situated, Plaintiff v. ETRAILER CORPORATION and ETRAILER WH-SLC,
LLC, Defendants, Case No. 1:24-cv-08432 (E.D.N.Y., December 9,
2024) is a class action against the Defendants for violations of
Title III of the Americans with Disabilities Act, the New York
State Human Rights Law, the New York State Civil Rights Law, and
the New York City Human Rights Law and declaratory relief.
According to the complaint, the Defendants have failed to design,
construct, maintain, and operate their website to be fully
accessible to and independently usable by the Plaintiff and other
deaf and hard-of-hearing individuals. The Defendants' website,
www.etrailer.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The Defendants have several videos on their website
without closed captioning, or with limited closed captioning, which
are inaccessible to deaf and hard-of-hearing individuals. Without
closed captioning, deaf and hard-of-hearing people cannot
understand the audio portion of the videos on the website.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendants' corporate policies, practices, and
procedures so that their website will become and remain accessible
to deaf and hard-of-hearing individuals.
Etrailer Corporation is an online retailer based in Wentzville,
Missouri.
Etrailer WH-SLC, LLC is an online retailer based in Wentzville,
Missouri. [BN]
The Plaintiff is represented by:
Mitchell Segal, Esq.
LAW OFFICES OF MITCHELL SEGAL, PC
1129 Northern Boulevard, Suite 404
Manhasset, NY 11030
Telephone: (516) 415-0100
Facsimile: (516) 706-6631
FCA US: Fulton ERISA Suit Asserts Breach of Fiduciary Duty
----------------------------------------------------------
ERIC FULTON, CRYSTAL BUSH, PHILLIP GARTON JR and TONYA ROGERS,
individually and as representatives of a class of similarly
situated persons, on behalf of the FCA US LLC UAW SAVINGS PLAN and
the FCA US LLC SALARIED EMPLOYEES' SAVINGS PLAN, Plaintiffs v. FCA
US LLC; THE BOARD OF DIRECTORS OF FCA US LLC; THE FCA US LLC
EMPLOYEE BENEFITS COMMITTEE; and DOES No. 1–20, Whose Names Are
Currently Unknown, Defendants, Case No. 2:24-cv-13159-RJW-APP (E.D.
Mich., November 26, 2024) is a class action against the Defendants
for breaches of their fiduciary duties under the Employee
Retirement Income Security Act and related breaches of applicable
law.
The Defendants maintain the FCA US LLC UAW Savings Plan and the FCA
US LLC Salaried Employees' Savings Plan and are responsible for
selecting, monitoring, and retaining the service providers that
provide investment, recordkeeping, and other administrative
services. The Defendants are fiduciaries under ERISA, and, as such,
owe several well-defined duties to the Plans and their participants
and beneficiaries, including obligations to act for the exclusive
benefit of participants, select and maintain prudent and diverse
investment options to offer through the Plans, and ensure that
expenses paid by the Plans are fair and reasonable in relation to
the services obtained.
The complaint alleges that Defendants breached their fiduciary
duties to the Plans as they failed to appropriately monitor the
Plans' investments, resulting in the retention of unsuitable
investments in the Plans instead of prudent alternative investments
that were readily available at all times Defendants selected and
retained the funds at issue and throughout the Class Period. Since
Defendants have the discretion to select the investments made
available to Plaintiffs and other participants, the Defendants'
breaches directly caused the losses alleged in this complaint.
FCA US LLC designs, engineers, manufactures, and sells
vehicles.[BN]
The Plaintiffs are represented by:
Alyson Oliver, Esq.
OLIVER BELL GROUP
50 W. Big Beaver Road, Suite 200
Troy, MI 48084
Telephone: (248) 327-6556
Facsimile: (248) 436-3385
E-mail: aoliver@oliverlawgroup.com
- and -
James E. Miller, Esq.
Laurie Rubinow, Esq.
MILLER SHAH LLP
65 Main Street
Chester, CT 06412
Telephone: (866) 540-5505
Facsimile: (866) 300-7367
E-mail: jemiller@millershah.com
lrubinow@millershah.com
- and -
James C. Shah, Esq.
Alec J. Berin, Esq.
MILLER SHAH LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
Telephone: (866) 540-5505
Facsimile: (866) 300-7367
E-mail: jcshah@millershah.com
ajberin@millershah.com
- and -
Don Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 708-1450
E-mail: don@donbivens.com
FUJIFILM IRVINE: K.S. Sues Over Defective Oil for Embryo Culture
----------------------------------------------------------------
K.S., individually and on behalf of all others similarly situated,
Plaintiff v. FUJIFILM IRVINE SCIENTIFIC, INC., FUJIFILM HOLDINGS
AMERICA CORP., and DOES 1-10, inclusive, Defendants, Case No.
8:24-cv-02589 (C.D. Calif., November 26, 2024) is a class action
against the Defendants for strict liability for a manufacturing
defect, strict liability for failure to warn, negligence, negligent
failure to recall, trespass of chattel, and unjust enrichment.
Irvine Scientific manufactures a mineral oil, intended to be used
in tandem with medium for culturing embryos, that is, a solution in
which fertilized embryos (starting at just a single cell) develop
sufficiently to be transferred to a patient's uterus to facilitate
pregnancy.
On January 16, 2023, Irvine Scientific's Oil for Embryo Culture had
been shipped to fertility clinics throughout the United States with
a serious and consequential defect. Rather than providing the
protection and stability required for embryo growth, Irvine
Scientific's defective Oil for Embryo Culture created an
environment where embryos would, instead, be destroyed. It issued a
notice and, subsequently, a recall of the defective Oil for Embryo
Culture, says the suit.
However, for Plaintiff and the Class, those patients whose embryos
had been cultured with the defective Oil for Embryo Culture, the
recall was too late. The Oil for Embryo Culture had already finally
ruined their embryos, thwarting the immense effort and expense of
patients' IVF treatment and crushing patients' hopes for pregnancy
and a child, the suit asserts.
The Plaintiff and the Class seek to recover for the expense of IVF
wasted when, at the very last stages, Irvine Scientific's defective
Oil ruined the embryos that were developed, matured, and fertilized
throughout the burdensome process. The Plaintiff also seeks to
recover for their lost and damaged embryos, which were irreparably
harmed by the Oil for Embryo Culture, ruining the opportunity to
bring those embryos to life.
Irvine Scientific is a manufacturer of various products used in
fertility treatment and women's health.[BN]
The Plaintiff is represented by:
Caleb Marker, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd, Suite 1080
Los Angeles, CA 90048
Telephone: (877) 500-8780
Facsimile: (877) 500-8781
E-mail: caleb.marker@zimmreed.com
- and -
Michael J. Laird, Esq.
ZIMMERMAN REED LLP
1100 IDS Center, 80 S. 8th St.
Minneapolis, MN 55402
Telephone: (612) 341-0400
Facsimile: (612) 341-0844
E-mail: michael.laird@zimmreed.com
G.B.T. INC: Denies Valid Product Warranty Claims, Vail Suit Claims
------------------------------------------------------------------
MICHAEL VAIL, individually and on behalf of all others similarly
situated, Plaintiff v. G.B.T. INC. and DOES 1 through 10 inclusive,
Defendants, Case No. 2:24-cv-10574 (N.D. Cal., December 9, 2024) is
a class action against the Defendants for breach of express
warranty, unjust enrichment, and violations of California's Unfair
Competition Law, the Song-Beverly Consumer Warranty Act, the
Consumer Legal Remedies Act, and the Magnuson-Moss Warranty Act.
The case arises from G.B.T. Inc.'s alleged deceptive and unlawful
warranty practices. According to the complaint, the company has
engaged in the routine practice of denying valid warranty claims by
attributing product failures to "physical damage," without any
substantiated evidence. This practice forces consumers to cover the
costs of repair or replacement, violating both express warranty
terms and consumer protection laws. The Plaintiff and the proposed
Class have suffered financial harm due to the company's failure to
honor its warranty commitments and its misleading warranty
conditions, says the suit.
G.B.T. Inc. is a multinational electronics company, with its
principal place of business in City of Industry, California. [BN]
The Plaintiff is represented by:
Azar Mouzari, Esq.
Nilofar Nouri, Esq.
BEVERLY HILLS TRIAL ATTORNEYS, P.C.
9350 Wilshire Blvd., Suite 203
Beverly Hills, CA 90212
Telephone: (310) 858-5567
Facsimile: (310) 627-8642
Email: azar@bhtrialattorneys.com
nilofar@bhtrialattorneys.com
GOLDEN ROAD: Tyler Sues Over Unpaid Wages, Consumer Report Claims
-----------------------------------------------------------------
JEFFERSON TYLER, on behalf of himself and all others similarly
situated, Plaintiff v. GOLDEN ROAD MOTOR INN, INC. d/b/a ATLANTIS
CASINO RESORT SPA; and DOES 1 through 50, inclusive, Defendants,
Case No. 3:24-cv-00565 (D. Nev., December 9, 2024) is a class
action against the Defendants for procuring consumer reports
without first making proper disclosures in violation of the Fair
Credit Reporting Act and failure to pay for all hours worked,
including overtime, and failure to timely pay all wages due and
owing in violation of the Fair Labor Standards Act and the Nevada
Constitution.
The Plaintiff was employed by the Defendant as a nonexempt,
hourly-paid sportsbook writer in Nevada from on or about April 13,
2023, to on or about July 12, 2024.
Golden Road Motor Inn, Inc., doing business as Atlantis Casino
Resort Spa, is a resort, casino, and spa business located in Reno,
Nevada. [BN]
The Plaintiff is represented by:
Joshua D. Buck, Esq.
Leah L. Jones, Esq.
THIERMAN BUCK
325 West Liberty Street
Reno, NV 89501
Telephone: (775) 284-1500
Facsimile: (775) 703-5027
Email: josh@thiermanbuck.com
leah@thiermanbuck.com
GUTHRIE HEALTHCARE: Cratsley Sues Over Discriminatory Discharge
---------------------------------------------------------------
GEORGIANN CRATSLEY, individually and on behalf of similarly
situated individuals, Plaintiff v. GUTHRIE HEALTHCARE SYSTEM,
CORNING HOSPITAL, AND DR. EDMUND SABANEGH, DOES 1-20, Defendants,
Case No. 1:24-cv-01162 (W.D.N.Y., November 29, 2024) alleges
violations of the Occupational Safety and Health Act of 1970 in
connection with Defendants' alleged discriminatory discharge of
Plaintiff for exercising her right to object to taking the Covid-19
vaccine/immunization on religious grounds. Plaintiff also accuses
the Defendants of violating the First Amendment Free Exercise
Clause right to object to the New York State Vaccine mandate under
the New York State Public Health Law Section 2.16.
Plaintiff, Georgian Cratsley, a female former technical assistant
in the department of nursing for Gutherie Corning Hospital.
Plaintiff worked for Defendants for 41 years since April 4, 1981.
Sometime on or before September 27, 2021, Plaintiff's religious
objection was approved by Defendants and she was permitted to
continue to work in her job without being vaccinated. However, on
or around November 19, 2021, Plaintiff received Defendants' letter
revoking her approved exemption. On November 29, 2021, Plaintiff
remained unvaccinated based on the practice of her faith and she
was placed on undetermined leave without pay and banned from
returning to the building where she worked her job based on
Defendants' enforcement of the updated New York State Vaccine
Mandate. Accordingly, the Plaintiff now seeks for punitive damages
for Defendants willful deprivation of her right to object to the
Covid-19 vaccine and remain in her job.
Guthrie Healthcare System, previously known as Guthrie Medical
Center, is a holding company. It is the sole owner of Robert Packer
Hospital, Corning Hospital, Troy Hospital, long term care
facilities, and a taxable subsidiary, Twin Tier Management Company,
Inc., which sells durable medical equipment under the name Guthrie
MedSupplyDepot. [BN]
The Plaintiff is represented by:
Tricia S. Lindsay, Esq.
531 E. Lincoln Ave., Suite 5B
Mount Vernon, NY 10552
Telephone: (860) 783-8877
Facsimile: (914) 840-1196
E-mail: TriciaLindsayLaw@gmail.com
HOLIDAY HOSPITALITY: Wins Summary Judgment vs Park 80
-----------------------------------------------------
In the class action lawsuit captioned as PARK 80 HOTELS, LLC, PL
HOTELS, LLC, PH LODGING TOMBALL, LLC, SYNERGY HOTELS, LLC, 110
SUNSPORT, LLC, and AARON HOTEL GROUP, LLC, v. HOLIDAY HOSPITALITY
FRANCHISING, LLC and SIX CONTINENTS HOTELS, INC., Case No.
1:21-cv-04650-ELR (N.D. Ga.), the Hon. Judge Eleanor Ross entered
an order granting the Defendants' motion for summary judgment
directed to the sole remaining portion of Count I and Counts II, V,
and VI.
-- The Court Denies as moot the Defendants' motion to exclude
expert
testimony of John Whitman and Plaintiffs' motion for class
certification.
-- As no further issues remain pending, the Clerk is directed to
terminate this Lead Case (1:21-CV-04650-ELR) and to enter
judgment
in favor of Defendants and against Plaintiffs in this Lead Case
as
well as in the following member cases: 1:21-cv-05072-ELR;
1:21-CV-
05164-ELR; 1:22-CV-00456-ELR; and 1:22-CV-00838-ELR.
-- In sum, Plaintiffs have failed to show that that Defendants'
alleged misrepresentations will cause future harm or that
GUDPTA
is the vehicle to address any such harm.
-- Time-barred Plaintiffs' GUDTPA claim additionally fails as it
was
filed outside the untolled statute of limitations.
Holiday Hospitality operates more than 4,150 hotels in over 100
countries under various brands, including the InterContinental,
Crowne Plaza, Hotel Indigo, and Holiday Inn.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=lat8xM at no extra
charge.[CC]
HONEST REI: Faces Walker-Henry Suit Over Unwanted Marketing Calls
-----------------------------------------------------------------
Ingrid Walker-Henry, on behalf of herself and all others similarly
situated v. Honest REI LLC,, Case No. 2:24-cv-01563-BHL (E.D. Wis.,
Dec. 5, 2024) contends that the Defendant promotes and markets its
services, in part, by sending unsolicited marketing calls to
wireless phone users, in violation of the Telephone Consumer
Protection Act.
Starting in 2024, the Plaintiff received numerous telephone calls
from the Defendant, using the telephone number (414) 234-3156,
seeking to solicit the Plaintiff to use the Defendant to sell her
home. The Plaintiff did not give the Defendant prior express
consent or prior express written consent to place calls to her
cellular telephone number, the suit says.
The Plaintiff is, and has been at all times, the regular and sole
user of her cellular telephone number -- (414) 405-XXXX. The
Plaintiff uses her cellular telephone as her personal residential
telephone number. The Plaintiff registered her cellular telephone
number with the DNC Registry in 2005, and has maintained that
registration through the present date. Because of Defendant's
conduct, the Plaintiff suffered actual harm as a result of the
calls at issue in that she suffered an invasion of privacy, an
intrusion into her life, and a private nuisance.
Furthermore, the Plaintiff suffered additional harm due to her
frustration and difficulty in identifying the entity and persons
responsible for the unwanted advertisement or marketing calls to
her cellular telephone number, asserts the suit.
The Defendant runs a marketing and real estate investing
business.[BN]
The Plaintiff is represented by:
Alex D. Kruzyk, Esq.
PARDELL, KRUZYK & GIRIBALDO, PLLC
7500 Rialto Blvd., Suite 1-250
Austin, TX 78735
Telephone: (561) 726-8444
E-mail: akruzyk@pkglegal.com
INOTIV INC: Class Cert Bid Filing Modified to Feb. 10, 2025
-----------------------------------------------------------
In the class action lawsuit Re Inotiv Inc. Securities Litigation,
Case No. 4:22-cv-00045-PPS-JEM (N.D. Ind.), the Hon. Judge John
Martin entered an order granting the joint motion to modify the
scheduling order:
(1) Motion for class certification to be filed by Feb. 10, 2025
(2) Plaintiffs' expert witness disclosures and reports as to
class
certification issues are to be provided to Defendants by
Feb. 10, 2025;
(3) Defendants' rebuttal expert witness disclosures and reports
as
to class certification issues are to be provided to
Plaintiffs
by May 6, 2025;
(4) Reply expert witness disclosures and reports as to class
certification issues are due by June 27, 2025;
(5) The parties' deadline to seek leave to amend the pleadings
is
Aug. 11, 2025;
(6) The deadline to complete all fact discovery is Sept. 4,
2025;
and
(7) All other dates and deadlines in the joint motion through
the
close of discovery are approved and adopted herein.
Inotiv provides nonclinical and analytical drug discovery and
development services, research models and related products and
services.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gHcT9g at no extra
charge.[CC]
IPREH LLC: Burtons Seeks Initial Approval of Class Settlement Deal
------------------------------------------------------------------
In the class action lawsuit captioned as SAMANTHA BURTON, on behalf
of herself and all others similarly situated, v. IPREH, LLC d/b/a
INNOVATIVE PRODUCTION USA, Case No. 4:23-cv-04132-SLD (C.D. Ill.),
the Plaintiff asks the Court to enter an order granting unopposed
motion for preliminary approval of class action settlement
agreement.
Ms. Burton has asserted claims individually, and as a proposed
representative of the "Rule 23 Class", related to the payment of
wages to certain employees of IPREH.
Specifically, the Rule 23 Class consists of those individuals who,
at any time during the period between Sept. 22, 2022, and Sept 17,
2023, were employed by the Defendant at its facility located in
Galesburg, Illinois, involved in the manufacturing, packaging, or
handling of food or food products, and required to don and doff
sanitary clothing and other protective equipment at any time.
The Plaintiff also moves the Court to enter an Order in the form of
the attached Order Preliminarily Approving Class Action Settlement
Agreement and Class/Collective Notice and Setting Fairness
Hearing.
The Defendant does not oppose Plaintiff’s motion, the lawsuit
says.
Innovative Production is a manufacturing company, specializing in
producing a wide range of innovative products.
A copy of the Plaintiff's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VbPbwv at no extra
charge.[CC]
The Plaintiff is represented by:
Robert P. Kondras, Esq.
Taryn R. Dissett, Esq.
HASSLER KONDRAS MILLER LLP
100 Cherry Street
Terre Haute, IN 47807
Telephone: (812) 232-9691
Facsimile: (812) 234-2881
E-mail: kondras@hkmlawfirm.com
tdissett@hkmlawfirm.com
J.E.T. LIMOUSINES: McGhee Sues Over Multiple Labor Law Violations
-----------------------------------------------------------------
William McGhee, individually and on behalf of other similarly
situated individuals, Plaintiff v. J.E.T. Limousines &
Transportation, LLC; Arizona Commercial Transportation Services,
LLC; Transportation Inc; Salt River Tubing & Recreation, Inc.;
William Jinks and Jane Doe Jinks, a married couple; Mary Ann Cleary
and John Doe Cleary, a married couple; and Does 1-5, Defendants,
Case No. 2:24-cv-03394-MTL (D. Ariz., November 29, 2024) seeks to
redress violations of the Fair Labor Standards Act, the Arizona
Wage Act, the Arizona Minimum Wage Act, and the Arizona Fair Wages
and Healthy Families Act.
Plaintiff McGhee has worked as a chauffeur driver for Defendants in
Arizona from approximately October 2023 to the present. Among other
things, the Plaintiff alleges that the Defendants failed to pay him
proper compensation and failed to provide him required earned paid
sick time.
J.E.T. Limousines & Transportation, LLC. provides luxury
transportation services with its vehicle fleet that includes
sedans, vans, limousines, shuttle buses, and full-size coach buses.
[BN]
The Plaintiff is represented by:
Daniel L. Bonnett, Esq.
Michael M. Licata, Esq.
MARTIN & BONNETT, P.L.L.C.
4647 N. 32nd Street, Suite 185
Phoenix, AZ 85018
Telephone: (602) 240-6900
Facsimile: (602) 240-2345
E-mail: dbonnett@martinbonnett.com
mlicata@martinbonnett.com
JOY CONE: Order on FLSA Collective & Rule 23 Class Actions Entered
------------------------------------------------------------------
In the class action lawsuit captioned as RYAN DAVEY, v. JOY CONE
CO., Case No. 2:24-cv-01246-NR (W.D. Pa.), the Hon. Judge J.
Nicholas Ranjan entered an order as to hybrid FLSA collective /
Rule 23 class actions:
1) The parties shall confer in good faith on the scope of the
FLSA
class for purposes of conditional certification, and shall
determine whether any agreements or stipulations can be
reached
as to:
(1) whether a collective can be conditionally certified;
(2) the definition of the conditional collective; and
(3) any form notice to be sent to any opt-ins. If no
agreements
can be reached, Plaintiff shall state what, if any,
limited
fact discovery he needs before moving for conditional
certification.
2) The parties shall confer in good faith on a proposed consent
order that would delineate the parameters of what Defendant's
management and supervisors can and cannot say to any
potential
opt-in class members who might raise questions about the
litigation.
3) The parties shall confer in good faith on a proposed
two-phased
fact discovery schedule for: (1) fact discovery as to
conditional certification; and (2) remaining merits fact
discovery (i.e., which shall cover not only discovery for
remaining FLSA certification and Rule 23 certification
motions,
but also for the merits of the entire case). In proposing a
schedule, unless there are particularly complex discovery
issues, the parties shall consider a 30-day period for
expedited
conditional certification discovery; followed by a 30-day
period
for briefing; and a 30-day period for any decision by the
Court
on conditional certification.
Joy Cone makes ice cream cones and ice cream cone bowls.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=bJMZki at no extra
charge.[CC]
JOY CONE: Settlement Deal in Currie Class Suit Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as VINCIEN CURRIE,
Individually and on behalf of all others similarly situated, v. JOY
CONE CO., Case No. 2:23-cv-00764-CCW (W.D. Pa.), the Hon. Judge
Christy Criswell Wiegand entered an order granting final approval
of the Settlement Agreement and for purposes of the Settlement
Agreement and this Final Approval Order and Judgment only, the
Court hereby finally certifies the following Settlement Class:
"All Persons residing in the United States whose PII was
compromised in the Joy Cone Data Security Incident that occurred
on
or around Feb. 27, 2023."
Specifically excluded from the Settlement Class are: (i) Joy
Cone;
(ii) the Related Entities; (iii) all Settlement Class Members
who
timely and validly request exclusion from the Settlement Class;
(iv) any judges assigned to this case and their staff and
family;
and (v) any other Person found by a court of competent
jurisdiction
to be guilty under criminal law of initiating, causing, aiding,
or
abetting the criminal activity occurrence of the Data Security
Incident or who pleads nolo contendere to any such charge.
The Settlement Agreement provides, in part, and subject to a more
detailed description of the settlement terms in the Settlement
Agreement, for:
a. Payments to Settlement Class Members who have submitted valid
and timely claims of up to $4,500 in extraordinary losses
(e.g.,
fraudulent activity); up to $500 in ordinary losses,
including
up to $80 in lost time; additional relief in the form of two
years of credit monitoring, including at least $1 million in
identity theft protection insurance; or, in the alternative
to
the previously listed benefits, the option of a cash payment
of
$50 without the need for documented losses.
The Court, after careful review of the fee petition filed by Class
Counsel, and after applying the appropriate standards required by
relevant case law, hereby grants Class Counsel’s application for
an award of attorneys’ fees in an amount not to exceed $100,000
and reasonable expenses for $9,676.49. Payment shall be made
pursuant to the terms of the Settlement Agreement.
Joy Cone produces ice cream cones products.
A copy of the Court's order dated Dec. 5, 2024 is available from
PacerMonitor.com at https://urlcurt.com/u?l=K2i4Hw at no extra
charge.[CC]
KBOP CORP: Patricio Alleges Failure to Pay Overtime Wages
---------------------------------------------------------
ISIDRO SANCHEZ PATRICIO, an individual, and ISIDRO SANCHEZ SALDANA,
an individual, on behalf of themselves and all other similarly
situated, known and unknown, Plaintiffs v. KBOP CORPORATION, an
Illinois corporation; JINU FOOD CORPORATION, an Illinois
corporation; and JASON JUNG, an individual, Defendants, Case No.
1:24-cv-12102 (N.D. Ill., November 25, 2024) arises under the Fair
Labor Standards Act and the Illinois Minimum Wage Law for
Defendants' failure to pay Plaintiffs, and other similarly situated
employees, overtime compensation for hours worked over 40 in a
workweek.
The Plaintiffs and other similarly situated employees are current
and former cooks, sushi makers, food preparers, cleaners and
kitchen staff employees at Defendants' K-BOP restaurant and sushi
food preparation business.
KBOP Corporation is an Illinois company that operates the K-BOP
restaurant and is engaged in selling and serving prepared food and
beverages, including alcoholic beverages, to customers for
consumption on and off its premises.[BN]
The Plaintiffs are represented by:
Timothy M. Nolan, Esq.
NOLAN LAW OFFICE
53 W. Jackson Blvd., Ste. 1137
Chicago, IL 60604
Telephone: (312) 322-1100
E-mail: tnolan@nolanwagelaw.com
KEESAL YOUNG: Fails to Protect Customers' Info, Siemanowski Claims
------------------------------------------------------------------
DAVID SIEMANOWSKI, individually and on behalf of all others
similarly situated, Plaintiff v. KEESAL, YOUNG & LOGAN, Defendant,
Case No. 2:24-cv-10584 (C.D. Cal., December 9, 2024) is a class
action against the Defendant for negligence, negligence per se,
breach of fiduciary duty, and unjust enrichment.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information of the Plaintiff
and similarly situated consumers stored within its network systems
following a data breach discovered on June 13, 2024. The Defendant
also failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
Keesal, Young & Logan is a law firm based in Long Beach,
California. [BN]
The Plaintiff is represented by:
Eric Lechtzin, Esq.
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
Facsimile: (267) 685-0676
Email: elechtzin@edelson-law.com
medelson@edelson-law.com
KYVERNA THERAPEUTICS: Rondini Sues Over 82% Drop of Offering Price
------------------------------------------------------------------
ANGELO RONDINI, on behalf of himself and all others similarly
situated, Plaintiff v. KYVERNA THERAPEUTICS, INC., J.P. MORGAN
SECURITIES LLC, MORGAN STANLEY & CO. LLC, LEERINK PARTNERS LLC,
WELLS FARGO SECURITIES, LLC, PETER MAAG, RYAN JONES, DOMINIC BORIE,
JAMES CHUNG, KAREN WALKER, IAN CLARK, FRED E. COHEN, BRIAN KOTZIN,
STEVE LIAPIS, BETH SEIDENBERG, and DANIEL K. SPIEGELMAN,
Defendants, Case No. 3:24-cv-08869 (N.D. Cal., December 9, 2024) is
a class action against the Defendants for violations of Sections
11, 12(a), and 15 of the Securities Exchange Act of 1933.
According to the complaint, the Defendants made materially false
and misleading statements on the Registration Statement and
Prospectus that were filed with the U.S. Securities and Exchange
Commission between January 16, 2024, and February 8, 2024, in
connection with Kyverna's initial public offering. Specifically,
Kyverna failed to disclose adverse data it possessed related to one
of its trials. When the truth emerged, Kyverna's shares traded as
low as $3.92 per share, a decline of more than 82 percent from the
offering price. As a result of the Defendants' fraudulent
statements and omissions, the Plaintiff and similarly situated
investors who purchased the company's shares at artificially
inflated prices during the Class Period have sustained economic
losses.
Kyverna Therapeutics, Inc. is a clinical-stage biopharmaceutical
company, headquartered in Emeryville, California.
J.P. Morgan Securities LLC is a financial institution,
headquartered in New York, New York.
Morgan Stanley & Co. LLC is a financial institution, headquartered
in New York, New York.
Leerink Partners LLC is a financial institution, headquartered in
Boston, Massachusetts.
Wells Fargo Securities, LLC is a financial institution,
headquartered in San Francisco, California. [BN]
The Plaintiff is represented by:
John T. Jasnoch, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
Email: jjasnoch@scott-scott.com
- and -
Thomas L. Laughlin, IV, Esq.
Nicholas S. Bruno, Esq.
Matthew A. Peller, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
Email: tlaughlin@scott-scott.com
nbruno@scott-scott.com
mpeller@scott-scott.com
- and -
Brian J. Schall, Esq.
THE SCHALL LAW FIRM
2049 Century Park East, Suite 2460
Los Angeles, CA 90067
Telephone: (310) 301-3335
Facsimile: (310) 388-0192
Email: brian@schallfirm.com
LAMB WESTON: Curtze Sues Over Frozen Potato Products Conspiracy
---------------------------------------------------------------
C.A. CURTZE COMPANY., individually and on behalf of all persons
similarly situated, v. LAMB WESTON HOLDINGS, INC.; LAMB WESTON,
INC.; LAMB WESTON BSW, LLC; LAMB WESTON/MIDWEST, INC.; LAMB WESTON
SALES, INC.; MCCAIN FOODS LIMITED; MCCAIN FOODS USA, INC.; J.R.
SIMPLOT CO.; CAVENDISH FARMS LTD; CAVENDISH FARMS, INC., Case No.
1:24-cv-12525 (N.D. Ill., Dec. 5, 2024) is a price-fixing case
against the largest processors of frozen french fries, hash browns,
tater tots, and other frozen potato products sold in the United
States.
By at least the start of 2021, the Defendants allegedly conspired
to fix the prices of their Frozen Potato Products at
supracompetitive levels. The Defendants affected this price-fixing
conspiracy through implementation of lockstep price increases that
allowed them to realize unprecedented margins. This conspiracy has
continued, unabated, to the present, the lawsuit contends.
The Defendants have been able to increase the price of their Frozen
Potato Products even after their input costs significantly
declined. Collectively, these companies control 97% or more of the
$68-billion-per-year Frozen Potato Products market. This action
arises under Section 1 of the Sherman Act (15 U.S.C. §1), and
Sections 4 and 16 of the Clayton Act, to recover treble damages and
the costs of suit, including reasonable attorneys' fees, for the
injuries sustained by the Plaintiff and members of the Class; to
enjoin Defendants' anticompetitive conduct; and for such other
relief as is afforded under the laws of the United States for
violations of Section 1 of the Sherman Act.
The Plaintiff purchased tens of millions of dollars of Frozen
Potato Products at artificially inflated prices directly from one
or more of Defendants during the Class Period defined herein.
Plaintiff suffered antitrust injury.
Lamb Weston is a producer, distributor, and marketer of value-added
Frozen Potato Products.[BN]
The Plaintiff is represented by:
Karin E. Garvey, Esq.
Robin A. van der Meulen, Esq.
Jonathan D. Smallwood, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
E-mail: kgarvey@scott-scott.com
rvandermeulen@scott-scott.com
jsmallwood@scott-scott.com
- and -
Arthur N. Bailey, Esq.
RUPP PFALZGRAF, LLC
111 W. 2nd Street, Suite 1100
Jamestown, NY 14701
E-mail: bailey@RuppPfalzgraf.com
LEADENHALL CAPITAL: Bids for Class Cert in 777 Suit Due Dec. 20
---------------------------------------------------------------
In the class action lawsuit captioned as 777 PARTNERS LLC, et al.,
v. LEADENHALL CAPITAL PARTNERS LLP, et al., Case No.
9:24-cv-81143-DMM (S.D. Fla.), the Hon. Judge William Matthewman
entered a pretrial scheduling order and order referring case to
mediation:
-- This case is set for trial before U.S. District Judge
Middlebrooks
at the United States District Court, 701 Clematis Street,
Second
Floor, Courtroom 7, West Palm Beach, Florida, during the
two-week
trial period commencing June 2, 2025.
-- Pretrial discovery shall be conducted in accordance with S.D.
Fla.
L.R. 16.1 and 26.1, and the Federal Rules of Civil Procedure.
-- Counsel must meet at least 45 days prior to the beginning of
the
trial calendar to confer on the preparation of a Joint Pretrial
Stipulation.
-- In cases tried before a jury, at least ONE WEEK prior to the
beginning of the trial calendar, the parties shall submit A
SINGLE
JOINT SET of proposed jury instructions and verdict form,
though
the parties need not agree on the proposed language of each
instruction or question on the verdict form.
-- The parties shall adhere to the following schedule, which shall
not be modified absent compelling circumstances. Any motions to
modify this schedule shall be directed to the attention of U.S.
District Judge Donald M. Middlebrooks.
Dec. 11, 2024 Discovery Plan shall be filed.
Dec. 16, 2024 Joinder of Additional Parties and Amend
Pleadings.
Dec. 20, 2024 Any motions for class certification shall be
filed.
Jan. 2, 2025 Plaintiff(s) shall provide opposing counsel
with a
written list with the names and addresses of
all
expert witnesses intended to be called at
trial
and only those expert witnesses listed shall be
permitted to testify.
Jan. 23, 2025 Defendant(s) shall provide opposing counsel
with a
written list with the names and addresses of
all
expert witnesses intended to be called at trial
and only those expert witnesses listed shall be
permitted to testify.
Mar. 20, 2025 All discovery shall be completed.
April 3, 2025 All Pretrial Motions, including summary
judgment
motions and Daubert motions, and motions in
limine
shall be filed.
May 5, 2025 Joint Pretrial Stipulation shall be filed.
Designations of deposition testimony shall be
made.
Leadenhall operates as an investment management firm.
A copy of the Court's order dated Dec. 4, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TcGkjP at no extra
charge.[CC]
LEGOLAND NEW YORK: Class Cert Conference Set for Jan. 23, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as Demmerle et al., v.
Legoland New York, LLC, Case No. 7:23-cv-11141-KMK (S.D.N.Y.), the
Hon. Judge entered an order granting Defendant's request for
adjournment of the Jan. 15, 2025 hearing regarding Plaintiffs'
motion for settlement class certification and preliminary approval
of a class action settlement.
The conference will be held on Jan. 23, 2025, at 3:00 p.m.
Legoland is a theme park in Goshen, New York.
A copy of the Court's order dated Dec. 6, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=A28IZv at no extra
charge.[CC]
The Defendant is represented by:
Keara M. Gordon, Esq.
DLA PIPER LLP (US)
1251 Avenue of the Americas, 27th Floor
New York, NY 10020
Telephone: (212)-335-4632
Facsimile: (212)-884-8632
E-mail: Keara.Gordon@dlapiper.com
MCBH LLC: Calton Suit Removed to M.D. Alabama
---------------------------------------------
The case styled as Lucy Calton, Teretha Spann and Chaka Ford,
individually and on behalf of all others similarly situated v.
MCBH, LLC d/b/a MEDICAL CENTER BARBOUR, ALLIANT MANAGEMENT
SERVICES, INC., and THE HEALTH CARE AUTHORITY OF THE CITY OF
EUFAULA, Case No. 69-CV-2024-900054 was removed from the Circuit
Court of Barbour County, Alabama, to the United States District
Court for the Middle District of Alabama on Dec. 6, 2024, and
assigned Case No. 2:24-cv-00787.
The Plaintiffs, on behalf of themselves and a putative nationwide
Class, allege that their protected health information and personal
identifying information was compromised in a data breach. The
proposed Class includes "all persons in the United States whose
Private Information was accessed in the Data Breach." Plaintiffs
allege negligence/wantonness, negligence per se, breach of express
and implied contract, breach of fiduciary duty, breach of
confidence, unjust enrichment, and invasion of privacy claims
against Defendants.[BN]
The Defendants are represented by:
Angel A. Croes, Esq.
Caroline T. Pryor, Esq.
Hannah R. Dellasala, Esq.
CARR ALLISON
100 Vestavia Parkway
Birmingham, AL 35216
Phone: (205) 822-2006
Facsimile: (205) 822-2057
Email: acroes@carrallison.com
cpryor@carrallison.com
hdellasala@carallison.com
MERRICK PET CARE: Mislabels Pet Food Products, Herter Alleges
-------------------------------------------------------------
GABRIEL HERTER, individually and on behalf of all others similarly
situated, Plaintiff v. MERRICK PET CARE, INC., Defendant, Case No.
1:24-cv-08212 (E.D.N.Y., November 26, 2024) is a class action
against the Defendant for violations of the New York General
Business Law and for breach of express warranty.
The Defendant formulates, manufactures, advertises, and/or sells
multiple types of pet food throughout the United States, including
in New York. The Defendant markets its products in a systematically
misleading manner by misrepresenting that many of its products are
"natural," capitalizing on the preference of health-conscious pet
owners to purchase pet food that is free from synthetic
ingredients. However, this representation is false and/or
misleading because the products contain multiple synthetic
ingredients including but not limited to xanthan gum, thiamine
mononitrate, pyridoxine hydrochloride, and menadione sodium
bisulfite complex, the suit says.
As a result of its alleged deceptive conduct, the Defendant
violates state consumer protection statutes and has been unjustly
enriched at the expense of consumers.
Merrick Pet Care Inc. provides natural and organic pet food with
its principal place of business in Amarillo, Texas.[BN]
The Plaintiff is represented by:
Joshua D. Arisohn, Esq.
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: jarisohn@bursor.com
jdiamond@bursor.com
METROPOLITAN GOVERNMENT: Infinium Seeks Discovery Sched Extension
-----------------------------------------------------------------
In the class action lawsuit captioned as INFINIUM BUILDERS LLC and
KE HOLDINGS LLC d/b/a ASCENT CONSTRUCTION, On Behalf of Themselves
and All Others Similarly Situated, v. METROPOLITAN GOVERNMENT OF
NASHVILLE & DAVIDSON COUNTY, Case No. 3:23-cv-00924 (M.D. Tenn.),
the Plaintiffs ask the Court to enter an order granting unopposed
motion to extend discovery schedule and to extend deadline for
filing of class certification motion:
Since the Sept. 9, 2024, initial case management conference in this
matter, the Parties have been diligently working on discovery.
Plaintiffs have taken written discovery from Defendant Metropolitan
Government of Nashville & Davidson County, as well as four
depositions of Metro witnesses. Likewise, Defendants have taken
discovery from the Named Plaintiffs.
The Plaintiffs have some significant discovery left to take that
may take additional time. Plaintiffs are scheduled to conduct Rule
34 inspections of Metro’s relevant databases which contain
permitting information relevant to Plaintiffs’ claims on December
10 and 18, 2024.
The Plaintiffs have also identified additional witnesses whose
depositions they intend to take. They have also identified certain
topics for depositions of Metro that they may take pursuant to Rule
30(b)(6).
Additionally, the Plaintiffs have identified discovery disputes
that may need Court intervention, though the Parties continue to
confer in an effort to resolve their disputes by agreement.
To allow the Parties to focus their attention and efforts on their
January 9, 2025, mediation with Allen Blair, Plaintiffs request
that this Court extend the deadline for when discovery related to
their Rule 23 class certification motion must be concluded to
February 14, 2025.
The Plaintiffs also request that this Court extend the deadline for
them to file their Rule 23 class certification motion to March 7,
2025, allowing them time to use any discovery taken in support of
their Motion. In accordance with Local Rule 7.01(a)(1) of this
Court, undersigned counsel conferred with Metro’s counsel
regarding the relief sought in this Motion. Metro does not oppose
this Motion.
A copy of the Plaintiffs' motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zT42CO at no extra
charge.[CC]
The Plaintiffs are represented by:
David W. Garrison, Esq.
Scott P. Tift, Esq.
Joshua A. Frank, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2202
Facsimile: (615) 252-3798
E-mail: dgarrison@barrettjohnston.com
stift@barrettjohnston.com
jfrank@barrettjohnston.com
- and -
R. Alex dickerson, Esq.
Sarah Ingalls, Esq.
Devin A. Majors, Esq.
THOMPSON BURTON PLLC
Palmer Plaza
1801 West End Avenue, Suite 1550
Nashville, TN 37203
Telephone: (615) 465-6000
Facsimile: (615) 807-3048
E-mail: alex@thompsonburton.com
singalls@thompsonburton.com
devin@thompsonburton.com
The Defendant is represented by:
J. Brooks Fox, Esq.
Benjamin A. Puckett, Esq.
John W. Ayers, Esq.
Metropolitan Government for Nashville & Davidson County
108 Metropolitan Courthouse
Nashville, TN 37219-6300
E-mail: Brook.Fox@nashville.gov
Benjamin.Puckett@nashville.gov
Will.Ayers@nashville.gov
MIAMI-DADE COUNTY, FL: Seeks More Time to File Class Cert Response
------------------------------------------------------------------
In the class action lawsuit captioned as YOAMNA RODRIGUEZ, v.
MIAMI-DADE COUNTY, a political subdivision of the State of Florida,
Case No. 1:24-cv-20269-JB (S.D. Fla.), the Defendant asks the Court
to enter an order granting an extension until Jan. 13, 2025, to
file a response to the Plaintiff's renewed motion for conditional
certification.
The Plaintiff filed a renewed motion for conditional certification
in this matter that raises significant issues in this matter. The
response is due Dec. 16, 2024.
The Defendant's counsel will be out of the country starting later
this week and needs additional time to review, analyze and complete
the response to the renewed motion for conditional certification.
The undersigned conferred with Plaintiff's counsel and the motion
is unopposed.
Miami-Dade County is a county located in the southeastern part of
the U.S. state of Florida.
A copy of the Defendant's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3um7Z3 at no extra
charge.[CC]
The Plaintiff is represented by:
Elvis J. Adan, Esq.
GALLARDO LAW FIRM, P.A.
8492 S.W. 8th Street
Miami, FL 33144
Telephone: (305) 261-7000
E-mail: elvis.adan@gallardolawyers.com
The Defendant is represented by:
Eric A. Rodriguez, Esq.
MIAMI-DADE COUNTY ATTORNEY'S OFFICE
Stephen P. Clark Center
111 NW 1st Street, Suite 2810
Miami, FL 33128
Telephone: (305) 375-5151
Facsimile: (305) 375-5634
E-mail: ear2@miamidade.gov
MISTER CAR WASH: Settlement Reached in Labor-Related Suit
---------------------------------------------------------
Mister Car Wash, Inc. disclosed in its Form 10-Q report for the
quarterly period ended September 30, 2024, filed with the
Securities and Exchange Commission on November 1, 2024, that after
undergoing mediation in October 2023, the parties in a purported
class action lawsuit in the Stanislaus County Superior Court,
California, on behalf of all non-exempt employees employed by its
subsidiary Prime Shine LLC reached a consensus to resolve the
lawsuit.
The court entered final approval of the class action settlement on
July 19, 2024 and in August 2024, the company made the settlement
payment in accordance with the court's final approval. The court
clerk is expected to administratively close the case by June 2025.
This agreement is contingent upon the formalization through a
written settlement document and subsequent approval from the
California Department of Labor and the court. Should all these
conditions be met, the class action lawsuit will be considered
settled.
On February 14, 2023, a plaintiff filed a purported class action
lawsuit in the Stanislaus County Superior Court, California, on
behalf of all non-exempt employees employed by Prime Shine LLC in
California any time between February 14, 2019, and the present,
against Prime Shine, LLC and Does 1–20 inclusive.
Plaintiff alleges eight claims for violations of the California
Labor Code and one claim for violation of the California Business &
Professions Code. On June 13, 2023, Plaintiff filed a First Amended
Complaint to add a claim for penalties pursuant to the Private
Attorneys General Act and seeks, among other things, an unspecified
amount for unpaid wages, actual, consequential, and incidental
losses, penalties and attorneys' fees and costs.
Mister Car Wash, Inc. is a provider of conveyorized car wash
services. As of September 30, 2023, it operated 462 car washes in
21 states.
MM. LAFLEUR: Website Inaccessible to the Blind, Raheel Says
-----------------------------------------------------------
AISHA RAHEEL, on behalf of herself and all others similarly
situated, Plaintiff v. MM. LaFleur, Inc., Defendant, Case No.
1:24-cv-08159 (E.D.N.Y., November 25, 2024) is a civil rights
action against MM. LaFleur for their failure to design, construct,
maintain, and operate their website, https://www.mmlafleur.com, to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired persons in violation of the
Americans with Disabilities Act, the New York State Human Rights
Law, and the New York City Human Rights Law.
On November 1, 2024, the Plaintiff was searching online for
designer women's clothing store in NYC to find outfits suitable for
both special events and formal occasions. While browsing, she
discovered the Defendant's website, which offered a selection of
clothing that aligned with her preferences. However, she
encountered several accessibility issues on the website. Due to
Defendant's policy and practice of failing to remove access
barriers, the Plaintiff and other blind persons have been and are
being denied full and equal access to independently browse
Mmlafleur.com.
The Plaintiff seeks a permanent injunction to cause a change in MM.
LaFleur'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.
MM. LaFleur, Inc. operates the website that offers products such as
dresses, T-shirts, jackets, sweaters, skirts, pants, blazers,
boots, sandals, slippers, belts, and scarves.[BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
E-mail: acohen@ashercohenlaw.com
MORFE PROPERTIES: Buckner Files TCPA Suit in N.D. Georgia
---------------------------------------------------------
A class action lawsuit has been filed against Morfe Properties LLC.
The case is styled as Kevin Buckner, individually and on behalf of
all others similarly situated v. Morfe Properties LLC doing
business as: Winchoice, Case No. 1:24-cv-05612-VMC (N.D. Ga., Dec.
6, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Morfe Properties LLC doing business as WinChoice USA --
https://winchoiceusa.com/ -- is a full service vinyl replacement
window company.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Ste. 1205
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@sflinjuryattorneys.com
MV TRANSPORTATION: Edmond Suit Removed from State Ct. to C.D. Cal.
------------------------------------------------------------------
The class action lawsuit captioned as DESMOND EDMOND, on behalf of
himself and all others similarly situated v. MV TRANSPORTATION,
INC., a California Corporation; MV PUBLIC TRANSPORTATION, INC., a
California Corporation; and DOES 1 to 10, inclusive, Case No.
24STCV27764 (Filed Oct. 23, 2024), was removed from the Superior
Court for the State of California to the United States District
Court for the Central District of California on Dec. 5, 2024.
The Central California District Court Clerk assigned Case No.
2:24-cv-10490 to the proceeding.
The suit alleges: (1) failure to pay overtime wages in violation of
Labor Code sections 510 and 1198; (2) failure to pay all wages and
minimum wages in violation of Labor Code sections 221, 223, 1182,
1194, 1197, and 1198; (3) failure to provide compliant meal periods
in violation of Labor Code sections 226.7, 512, 516 and 1198; (4)
failure to provide compliant rest periods in violation of Labor
Code sections 226.7, 516, and 1198; (5) failure to provide sick pay
at the regular rate in violation of Labor Code section 246; (6)
failure to furnish accurate, itemized wage statements in violation
of Labor Code section 226(a) and failure to maintain accurate
records in violation of Labor Code section 1174.5; and (7)
violations of business & professions code section 17200 et seq.
MV Transportation provides transportation services to cities,
counties, municipalities, and other entities, pursuant to various
contracts throughout the United States, including the State of
California.[BN]
The Defendants are represented by:
Gregory G. Iskander, Esq.
Michael W. Nelson, Esq.
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone: (925) 932-2468
Facsimile: (925) 946-9809
E-mail: giskander@littler.com
mwnelson@littler.com
NATIONAL GENERAL: King Seeks to File Class Certification Briefing
-----------------------------------------------------------------
In the class action lawsuit captioned as EDD KING, DIEDRE KING,
ELMO SHEEN, and SHEILA LEE, on behalf of themselves and all others
similarly situated, v. NATIONAL GENERAL INSURANCE COMPANY, INTEGON
NATIONAL INSURANCE COMPANY, INTEGON PREFERRED INSURANCE COMPANY,
MIC GENERAL INSURANCE CORPORATION, PERSONAL EXPRESS INSURANCE
COMPANY, SEQUOIA INSURANCE COMPANY, and DOES 1 through 200,
inclusive, Case No. 4:15-cv-00313-DMR (N.D. Cal.), the Plaintiff
asks the Court to enter an order granting permission from the Court
for both parties to file class certification briefing.
In the Court's order regarding supplemental briefing, the Court
mentioned several matters that should be addressed as part of the
renewed certification brief, including concerted action.
The Plaintiffs seek the additional pages to properly address the
Court's concerns.
On Dec. 9, 2024, the Plaintiffs' Counsel John Hurst emailed
Defendants' Counsel to request that Defendants stipulate to the
requested additional pages for both sides.
The Defendants' Counsel Marc Jacobs responded stating that the
Defendants will not stipulate to the requested relief but indicated
that they would not file an opposition as long as Plaintiffs'
request that Defendants also are permitted to file a 30-page
opposition brief.
The Defendants' Counsel also requested that the following statement
be included in Plaintiff's administrative motion:
"The National General Defendants have indicated they do not
oppose
Plaintiffs' motion but believe the default page lengths are
sufficient to address the issues as narrowed by the Court.'
National General is a Winston-Salem, North Carolina-based property
and casualty insurance company.
A copy of the Plaintiff's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lvONg0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael F. Ram, Esq.
Marie N. Appel, Esq.
Shelby Serig, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6923
E-mail: mram@forthepeople.com
mappel@forthepeople.com
sserig@forthepeople.com
- and -
Jeffrey B. Cereghino, Esq.
CEREGHINO LAW GROUP LLP
649 Mission Street, Floor 5
San Francisco, CA 94105
Telephone: (415) 433-4949
E-mail: jbc@cereghinolaw.com
- and -
W. Craig Bashein, Esq.
John P. Hurst, Esq.
BASHEIN & BASHEIN CO., L.P.A.
Terminal Tower
35th Floor, 50 Public Square
Cleveland, OH 44113
Telephone: (216) 771-3239
NURTURE INC: Must Oppose Sanchez Class Cert by Jan. 10, 2025
------------------------------------------------------------
In the class action lawsuit captioned as MELISSA SANCHEZ and
BEVERLY CASSEL, on behalf of themselves, the general public and
those similarly situated, v. NURTURE, INC., a Delaware Corporation,
Case No. 5:21-cv-08566-EJD (N.D. Cal.), the Hon. Judge Edward
Davila entered an order granting the Parties' stipulation, and
orders that:
1. Defendants' deadline to file its opposition to Plaintiffs'
motion for class certification and any expert report(s) in
support is continued to Jan. 10, 2025.
2. Plaintiffs' deadline to file their reply in support of their
motion for class certification is continued to March 7, 2025.
3. The hearing on Plaintiffs' motion for class certification is
continued to April 10, 2025, at 9:00 a.m.
On April 3, 2024, the Court issued an order staying this case until
the Ninth Circuit's issuance of a final decision on the plaintiff's
petition regarding class certification in Howard v. The Hain
Celestial Group, Inc., Case No. 22-cv-00527 (N.D. Cal.).
On Oct. 25, 2024, the Plaintiffs filed their motion for class
certification.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RiqrYh at no extra
charge.[CC]
The Plaintiffs are represented by:
Hayley Reynolds, Esq.
Seth A. Safier, Esq.
GUTRIDE SAFIER LLP
100 Pine St 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
The Defendant is represented by:
Angela C. Agrusa, Esq.
Shannon E. Dudic, Esq.
DLA PIPER LLP (US)
2000 Avenue of the Stars
Suite 400 North Tower
Los Angeles, CA 90067-4704
Telephone: (310) 595-3000
Facsimile: (310) 595-3300
E-mail: angela.agrusa@us.dlapiper.com
shannon.dudic@us.dlapiper.com
OLFACTORY INC: Hernandez Seeks Equal Website Access for the Blind
-----------------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. OLFACTORY, INC., Defendant, Case No.
1:24-cv-08184 (E.D.N.Y., November 25, 2024) is a civil rights
action against the Defendant for the failure to design, construct,
maintain, and operate Defendant's website, www.olfactorynyc.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 and the New York City Human Rights
Law.
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. Due to Defendant's failure to
build the website in a manner that is compatible with screen access
programs, the Plaintiff was unable to understand and properly
interact with the website, and was thus denied the benefit of
purchasing the Custom Body lotion, that Plaintiff wished to acquire
from the website.
The Plaintiff now seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Olfactory NYC, Inc. operates an online store that offers
customizable, high-quality fragrances.[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
OPW FUELING: Canales Seeks Conditional Collective Certification
---------------------------------------------------------------
In the class action lawsuit captioned as OVIS MATAMOROS CANALES, on
behalf of himself and all others similarly situated, v. OPW FUELING
COMPONENTS, LLC, Case No. 5:22-cv-00459-BO-RJ (E.D.N.C.), the
Plaintiff asks the Court to enter an order:
1. Conditionally certifying the collective under 29 U.S.C.
section
216(b), defined as:
"All individuals who were, are, or will be employed at
Defendant
OPW's North Carolina facilities on the manufacturing floor in
non-managerial positions who were not compensated for all of
their hours worked, including, but not limited to, above 40
per
week any time within three years prior to the commencement of
this action, through the present.
2. Certify this Rule 23 Class action under Rule 23(a) and b(3)
of
the Federal Rules of Civil Procedure for the North Carolina
Wage
and Hour Act claims for following class of Defendant OPW's
employees in North Carolina:
"All individuals who were, are, or will be employed at
Defendant
OPW's North Carolina facilities on the manufacturing and
operations floor in non-managerial positions who were not
compensated all promised, earned, and accrued wages due to
Defendant OPW's policies, including, but not limited to,
compensation relating to promised but unpaid bonuses,
vacation
days, holidays, shift differentials, and for all hours worked
up
to 40 per week any time within two years prior to the
commencement of this action, through the present."
3. Directing OPW, within 15 days of the Order, to provide
Plaintiff's counsel with an updated and complete list (from
November 16, 2019 through the present), of all manufacturing
employees (across all departments), and such list will
include
names, job titles, dates of employment, locations and/or
departments where such employees are employed with Defendant,
last-known mailing addresses, last-known cell numbers, home
phone numbers, personal email addresses, dates of birth, and
last four digits of their SSNs; and all related clock-in and
out
time records with corresponding payroll records for the
relevant
time period.
4. Authorizing the Plaintiffs' counsel to distribute the Notice
and
Forms via first class mail, email, and text message, (in both
English and Spanish) in addition to, posting at Defendant's
North Carolina facilities.
5. Appointing Plaintiff Ovis Matamoros Canales as class
representative; and
6. Appointing the Law Office of Gilda Hernandez, PLLC as class
counsel.
OPW designs and manufactures fueling equipment.
A copy of the Plaintiff's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=PbJWvk at no extra
charge.[CC]
The Plaintiff is represented by:
Gilda A. Hernandez, Esq.
Hannah B. Simmons, Esq.
Matthew Marlowe, Esq.
THE LAW OFFICES OF GILDA A.
HERNANDEZ, PLLC
1020 Southhill Drive, Suite 130
Cary, NC 27513
Telephone: (919) 741-8693
Facsimile: (919) 869-1853
E-mail: ghernandez@gildahernandezlaw.com
hsimmons@gildahernandezlaw.com
mmarlowe@gildahernandezlaw.com
The Defendant is represented by:
David I. Klass, Esq.
Nicholas Hulse, Esq.
Sharon Suh, Esq.
FISHER & PHILLIPS LLP
227 West Trade Street, Suite 2020
Charlotte, NC 28202
Telephone: (704) 334-4565
Facsimile: (704) 334-9774
E-mail: dklass@fisherphillips.com
nhulse@fisherphillips.com
ssuh@fisherphillips.com
PARAGON FINANCIAL: Sends Unwanted Telemarketing Calls, Salaiz Says
------------------------------------------------------------------
ERIK SALAIZ, on behalf of himself and all others similarly
situated, Plaintiff v. PARAGON FINANCIAL CORP d/b/a NATIONAL RELIEF
CENTER d/b/a CONSUMER CREDIT CARD RELIEF, DMB FINANCIAL, LLC,
COMPLETE LEGAL PLAN, LLC, and JOHN DOE, Defendants, Case No.
3:24-cv-00438-LS (W.D. Tex., December 9, 2024) is a class action
against the Defendants for violations of the Telephone Consumer
Protection Act and Texas Business and Commerce Code 302.101.
The case arises from the Defendants' alleged practice of sending
telemarketing calls to residential phone numbers, including the
Plaintiff's number, in an attempt to promote products and services
without obtaining prior express consent.
Paragon Financial Corp, doing business as National Relief Center,
doing business as Consumer Credit Card Relief, is a financial firm
based in Fort Lauderdale, Florida.
DMB Financial, LLC is a financial firm based in Boston,
Massachusetts.
Complete Legal Plan, LLC is a litigation support and electronic
discovery firm based in Fort Lauderdale, Florida. [BN]
The Plaintiff is represented by:
Omar F. Darwich, Esq.
THE DARWICH LAW FIRM, LLC
10921 Pellicano Dr., Ste. 100
El Paso, TX 79935
Telephone: (915) 671-2221
Email: omar@darwichlegal.com
PATRICK J. RUANE: Perez Suit Removed to N.D. California
-------------------------------------------------------
The case styled as Jose Antonio Marquez Perez, an individual, on
behalf of himself and all others similarly situated v. PATRICK J.
RUANE, INC., a California corporation; and DOES 1 to 50, Case No.
24-CIV-08628 was removed from the Superior Court for the State of
California, County of San Mateo, to the United States District
Court for the Northern District of California on Dec. 6, 2024, and
assigned Case No. 3:24-cv-08810.
The Plaintiff filed a Class Action Complaint asserting the
following class claims: Failure to Pay All Minimum Wages; Failure
to Pay All Overtime Wages; Failure to Provide Rest Periods and Pay
Missed Rest Period Premiums; Failure to Provide Meal Periods and
Pay Missed Meal Period Premiums; Failure to Maintain Accurate
Employment Records; Failure to Pay Timely Wages During Employment;
Failure to Pay All Wages Earned and Unpaid at Separation; Failure
to Furnish Accurate Itemized Wage Statements; Violations of
California's Unfair Competition Law.[BN]
The Defendants are represented by:
Richard N. Hill, Esq.
LITTLER MENDELSON, P.C.
101 Second Street, Suite 1000
San Francisco, CA 94105
Phone: 415.433.1940
Fax: 415.399.8490
Email: rhill@littler.com
- and -
Nathaniel H. Jenkins, Esq.
Lauren J. Orozco, Esq.
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Phone: 916.830.7200
Fax: 916.561.0828
Email: njenkins@littler.com
lorozco@littler.com
PERMA-FIX ENVIRONMENTAL: O'Neill Sues for Breach of Contract
------------------------------------------------------------
MICHAEL O'NEILL, Plaintiff v. MARK J. DUFF, THOMAS P. BOSTICK,
LOUIS F. CENTOFANTI, KERRY C. DUGGAN, JOSEPH T. GRUMSKI, JOE R.
REEDER, LARRY M. SHELTON, ZACH P. WAMP, MARK A. ZWECKER, and
PERMAFIX ENVIRONMENTAL SERVICES, INC., Defendants, Case No.
2024-1211-, (D. Del., November 25, 2024) is a stockholder class
action complaint brought by the Plaintiff, individually and on
behalf of all other similarly situated stockholders of Perma-Fix
Environmental Services, Inc. arising from the Defendants' violation
of the Second Amended and Restated Bylaws of the Company and the
resulting fallout.
The complaint alleges that based on its misapplication of the
Bylaws, the Board erroneously determined that a stockholder
proposal was approved at the Annual Meeting of Stockholders held on
July 20, 2023. Specifically, the Board asked stockholders to
approve an amendment to the Company's 2017 Stock Option Plan to
increase the number of shares available to be issued thereunder by
600,000, from 1,140,000 to 1,740,000 shares. Under the voting
standard set forth in the Bylaws, stockholders rejected the Share
Increase Proposal.
On July 24, 2023, Perma-Fix filed with the U.S. Securities and
Exchange Commission a Form 8-K announcing the voting results for
matters put before stockholders at the 2023 Annual Meeting. With
respect to the Share Increase Proposal, Perma-Fix disclosed that
the total number of "Abstentions," "Broker Non-Votes," and votes
"Against" exceeded the total number of votes "For" the Share
Increase Proposal. Accordingly, under the voting standard set forth
in the Bylaws, the Share Increase Proposal failed. Nonetheless, the
Board failed to properly tabulate votes as required by the Bylaws,
and has since acted as if the Share Increase Proposal were
approved, says the suit.
Through this complaint, the Plaintiff brings claims for breach of
contract and breach of fiduciary duty. The Plaintiff seeks to void
the amendment of the Plan rejected by stockholders at the 2023
Annual Meeting and otherwise remedy the harm resulting from the
Board's wrongful tabulation of stockholders' votes. The Plaintiff
also seeks declaratory relief preventing the Company from issuing
awards covering shares that are not authorized by the Plan.
Perma-Fix Environmental Services, Inc. is an environmental and
environmental technology know-how company and a provider of nuclear
waste treatment and management services as well as technical,
professional, and radiological instrumentation services.[BN]
The Plaintiff is represented by:
William J. Fields, Esq.
Christopher J. Kupka, Esq.
Samir Shukurov, Esq.
FIELDS KUPKA & SHUKUROV LLP
141 Tompkins Avenue, Suite 404
Pleasantville, NY 10570
Telephone: (212) 231-1500
- and -
Richard A. Maniskas, Esq.
RM LAW, P.C.
1055 Westlakes Drive, Suite 300
Berwyn, PA 19312
Telephone: (484) 324-6800
- and -
Peter B. Andrews, Esq.
Craig J. Springer, Esq.
David M. Sborz, Esq.
Jackson E. Warren, Esq.
ANDREWS & SPRINGER LLC
4001 Kennett Pike, Suite 250
Wilmington, DE 19807
Telephone: (302) 504-4957
E-mail: pandrews@andrewsspringer.com
cspringer@andrewsspringer.com
dsborz@andrewsspringer.com
jwarren@andrewsspringer.com
PLANET LABS PBC: Continues to Defend Stockholder Class Suit in Del.
-------------------------------------------------------------------
Planet Labs PBC disclosed in its Form 10-Q Report for the quarterly
period ending October 31, 2024 filed with the Securities and
Exchange Commission on December 9, 2024, that the Company continues
to defend itself from a stockholder class suit in the Court of
Chancery of the State of Delaware.
A stockholder class action was filed in the Court of Chancery of
the State of Delaware on August 19, 2024, against the former
officers and directors of dMY IV and the Company. The complaint
alleges that the individual defendants breached various fiduciary
duties to the dMY IV stockholders and that the Company aided and
abetted such breaches. The case is brought on behalf of a purported
class of holders of dMY IV Class A Common Stock who held such stock
prior to the redemption deadline for the Business Combination, did
not exercise the right to redeem their shares, and were allegedly
injured. Defendants filed a motion to dismiss the complaint on
November 12, 2024.
For many legal matters, particularly those in early stages, the
Company cannot reasonably estimate the possible loss (or range of
loss), if any.
The Company records an accrual for legal matters at the time or
times it determines that a loss is both probable and reasonably
estimable. Regarding matters for which no accrual has been made
(including the potential for losses in excess of amounts accrued),
the Company currently believes, based on its own investigations,
that any losses (or ranges of losses) that are reasonably possible
and estimable will not, in the aggregate, have a material adverse
effect on its financial position, results of operations, or cash
flows. However, the ultimate outcome of legal proceedings involves
judgments, estimates, and inherent uncertainties and cannot be
predicted with certainty. Should the ultimate outcome of any legal
matter be unfavorable, the Company's business, financial condition,
results of operations, or cash flows could be materially and
adversely affected. The Company may also incur substantial legal
fees, which are expensed as incurred, in defending against legal
claims.
Planet Labs PBC operates as a public Earth imaging company. The
Company provides daily satellite data that helps businesses,
governments, researchers, and journalists understand the physical
world and take action. Planet Labs designs and manufactures
triple-cubesat miniature satellites called Doves that are then
delivered into orbit as secondary payloads on other rocket launch
missions. [BN]
PORTLAND LEATHER: Fernandez Sues Over Blind-Inaccessible Website
----------------------------------------------------------------
FELIPE FERNANDEZ, on behalf of himself and all others similarly
situated, Plaintiff v. PORTLAND LEATHER GOODS, INC., Defendant,
Case No. 1:24-cv-09007 (S.D.N.Y., November 25, 2024) is a civil
rights action against the Defendant for the failure to design,
construct, maintain, and operate its website,
www.portlandleathergoods.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 and the New York City Human Rights Law.
The Plaintiff was injured when he attempted multiple times, most
recently on April 18, 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. Due to Defendant's failure to
build the website in a manner that is compatible with screen access
programs, the Plaintiff was unable to understand and properly
interact with the website, and was thus denied the benefit of
purchasing The Market Tote Bag, that Plaintiff wished to acquire
from the website.
The 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.
Portland Leather Goods, Inc. operates the website that offers
handcrafted leather products.[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
POST CONSUMER BRANDS: Green Suit Removed to E.D. Pennsylvania
-------------------------------------------------------------
The case styled as Shavon Green, on behalf of herself and others
similarly situated v. POST CONSUMER BRANDS, LLC and THE J.M.
SMUCKER COMPANY, Case No. 241100341 was removed from the Court of
Common Pleas, Philadelphia County, Pennsylvania, to the United
States District Court for the Eastern District of Pennsylvania on
Dec. 6, 2024, and assigned Case No. 2:24-cv-06527.
In the Complaint, Plaintiff claims that Defendants violated the
Pennsylvania Minimum Wage Act ("PMWA"), by "failing to pay overtime
wages for time associated with certain work activities arising at
the beginning and end of the workday."[BN]
The Defendants are represented by:
Paul C. Lantis, Esq.
Megan Mason, Esq.
LITTLER MENDELSON, P.C.
Three Parkway
1601 Cherry Street, Suite 1400
Philadelphia, PA 19102.1321
Phone: 267.402.3000
Facsimile: 267.402.3131
Email: plantis@littler.com
mmason@littler.com
- and -
Theodore A. Schroeder, Esq.
Christian A. Angotti, Esq.
LITTLER MENDELSON, P.C.
One PPG Pl., Suite 2400
Pittsburgh, PA 15222
Phone: 412.201.7623
Facsimile: 412.456-2377
Email: tschroeder@littler.com
cangotti@littler.com
- and -
Stephanie J. Peet, Esq.
Daniel F. Thornton, Esq.
Three Parkway
1601 Cherry Street, Suite 1350
Philadelphia, PA 19102
Phone: 267-319-7802
Email: stephanie.peet@jacksonlewis.com
daniel.thornton@jacksonlewis.com
PROGRESSIVE NORTHWESTERN: Court Certifies Class in Knight Suit
--------------------------------------------------------------
In the class action lawsuit captioned as ERIK KNIGHT, individually
and on behalf of others similarly situated, v. PROGRESSIVE
NORTHWESTERN INSURANCE COMPANY, Case No. 3:22-cv-00203-JM (E.D.
Ark.), the Court entered an order granting Plaintiff's motion for
class certification:
"All persons who made a first-party claim on a policy of
insurance
issued by Progressive Northwestern Insurance Company to an
Arkansas resident where the claim was submitted from Aug. 4,
2017,
through the date an order granting class certification is
entered,
and Progressive determined that the vehicle was a total loss
and
based its claim payment on an Instant Report from Mitchell
where a
Projected Sold Adjustment was applied to at least one
comparable
Vehicle."
The class action challenges Progressive Northwestern Insurance
Company's calculation of the actual cash value of an insured's car
after it was declared a total loss.
Erik Night owned a 2001 Chevrolet Silverado truck that was involved
in an accident on Aug. 28, 2020. He was insured by Progressive who
determined that his truck was a total loss.
His policy required Progressive to determine the actual cash value
(ACV) of his vehicle by its "market value, age, and condition" at
the time of loss.
Progressive provides different types of insurance policies,
including automotive, home, and business insurance policies.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6ogTu3 at no extra
charge.[CC]
RACKSON RESTAURANTS: Parking Areas Violate ADA, Fields Suit Alleges
-------------------------------------------------------------------
DONAHUE FIELDS, individually and on behalf of himself and all
others similarly situated v. RACKSON RESTAURANTS, LLC, and DOES 1
to 25, Case No. 1:24-cv-09265 (S.D.N.Y., Dec. 5, 2024) alleges that
numerous additional facilities owned, controlled, and/or operated
by the Defendants have Parking Areas that are, or have become,
inaccessible to individuals who rely on wheelchairs for mobility
due to excessive sloping.
The Plaintiff asserts that these excessive sloping conditions
persist in part as a result of Defendants' existing but inadequate
internal maintenance policies, practices and/or procedures, which
fail to ensure compliance with the sloping requirements of the
American with Disabilities Act's (ADA) implementing regulations.
Mr. Fields' claims arise from his 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, and from site
investigations at 12 of Defendants' facilities also finding
excessive sloping conditions.
As a result of Defendants' non-compliance with the ADA, Mr. Fields'
ability to access and safely use Defendants' facilities has been
significantly impeded and he will be deterred from returning to and
fully and safely accessing the Defendants' facilities due to the
discrimination he has previously encountered there, the suit
claims.
Mr. Fields brings this action individually and on behalf of all
other similarly situated wheelchair users to compel Defendants to
(i) remediate all access barriers within the Parking Areas of its
facilities, and (ii) modify its existing policies, practices and/or
procedures to ensure that its facilities comply with the ADA's
implementing regulations' excessive sloping requirements.
The Plaintiff is a person with a mobility disability stemming from
a gunshot in 2003. Despite his significant injuries, Mr. Fields
likes to stay active, playing basketball, football, and adaptive
boxing. Mr. Fields runs adaptive boxing and fitness classes for the
disability community and often travels to different areas around
the state.
Rackson owns, leases, and/or operates at least 70 Burger King
restaurants in the states of Conneticut, Delaware, Maryland, New
York, New Jersey, Ohio, and Pennsylvania.[BN]
The Plaintiff is represented by:
Scott A. Kamber, Esq.
KAMBERLAW LLC
201 Milwaukee Street, Suite 200
Denver, CO 80206
Telephone: (212) 920-3072
E-mail: skamber@kamberlaw.com
- and -
Benjamin J. Sweet, Esq.
Jordan T. Porter, Esq.
NYE, STIRLING, HALE, MILLER &
SWEET, LLP
101 Pennsylvania Boulevard, Suite 2
Pittsburgh, PA 15228
Telephone: (412) 857-5350
E-mail: ben@nshmlaw.com
jordan@nshmlaw.com
RECESS PICKLEBALL: Herrera Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
EDERY HERRERA, on behalf of himself and all other persons similarly
situated, Plaintiff v. RECESS PICKLEBALL, INC., Defendant, Case No.
1:24-cv-09037 (S.D.N.Y., November 26, 2024) is a civil rights
action against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://recesspickleball.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
On several separate occasions, the Plaintiff has been denied the
full use and enjoyment of the facilities, goods, and services of
Defendant's interactive Website while attempting to access it from
his home in Bronx County, NY. These access barriers that Plaintiff
encountered have caused a denial of his full and equal access
multiple times in the past, and now deter him on a regular basis
from visiting Defendant's website, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Recess Pickleball, Inc. operates the Recess Pickleball online
retail store, as well as the Recess Pickleball interactive Website
and advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@Gottlieb.legal
RENT THE RUNWAY: Continues to Defend Sharma Class Suit in N.Y.
--------------------------------------------------------------
Rent the Runway Inc. disclosed in its Form 10-Q Report for the
quarterly period ending October 31, 2024 filed with the Securities
and Exchange Commission on December 9, 2024, that the Company
continues to defend itself from the Sharma class suit in the
Eastern District of New York.
On November 14, 2022, a purported stockholder of the Company filed
a putative class action lawsuit in the Eastern District of New York
against the Company, certain of its officers and directors, and the
underwriters of its IPO, entitled Rajat Sharma v. Rent the Runway,
Inc., et al. 22-cv-6935 (the "Securities Action").
The complaint alleges that the defendants violated Sections 11 and
15 of the Securities Act of 1933, as amended (the "Securities
Act"), by making allegedly materially misleading statements, and by
omitting material facts necessary to make the statements made
therein not misleading concerning, inter alia, the Company's growth
at the time of the IPO.
The lawsuit seeks, among other things, compensatory damages, an
award of attorneys' fees and costs and such other relief as deemed
just and proper by the court.
On June 8, 2023, the court appointed Delaware Public Employees'
Retirement System and Denver Employees Retirement Plan as lead
plaintiffs.
On August 21, 2023, lead plaintiffs filed an amended complaint
against the Company, certain of its officers and directors, and the
underwriters of its IPO.
The amended complaint alleges that defendants violated Sections 11,
12(a)(2) and 15 of the Securities Act by allegedly making certain
false and misleading statements, and by omitting material facts
necessary to make the statements made therein not misleading,
concerning, among other things, the Company's growth prospects and
fulfillment costs at the time of the IPO.
The lawsuit seeks an award of damages, attorney's fees and costs,
and such other relief as the court deems just and proper.
All defendants moved to dismiss the amended complaint, with the
motion fully briefed as of February 23, 2024.
On September 25, 2024, the court issued an order granting in part
and denying in part defendants' motion to dismiss, dismissing the
claims based on the Company's growth prospects statements but
allowing certain other claims to proceed.
On October 9, 2024, defendants moved for reconsideration of the
September 25, 2024 order and/or for certification under 28 U.S.C.
§ 1292(b), which motion was fully submitted as of October 30,
2024.
In response to an application filed by defendants on November 19,
2024, on November 20, the Court issued an order adjourning
defendants' deadline to file an answer to the amended complaint
sine die.
The Company intends to vigorously defend itself against these
claims.
Rent the Runway, Inc. is a shared designer closet with thousands of
styles by hundreds of brand partners that gives customers access to
its "unlimited closet" through its subscription offering or the
ability to rent a-la-carte through its reserve offering. The
company's corporate headquarters is located in Brooklyn, New York
and its operational facilities are located in Secaucus, New
Jersey,
and Arlington, Texas.
RIVERVIEW SUNSHINE: Remus Suit Removed to N.D. California
---------------------------------------------------------
The case styled as Lisa Remus, individually, and on behalf of all
others similarly situated v. RIVERVIEW SUNSHINE INVESTMENTS, LLC;
and DOES 1 through 100, inclusive, Case No. 24CV450956 was removed
from the Superior Court of the State of California in and for the
County of Santa Clara, to the United States District Court for the
Northern District of California on Dec. 9, 2024, and assigned Case
No. 5:24-cv-08890.
The Complaint asserts a single count against Defendant for
violation of the Rosenthal Fair Debt Collection Practices Act.[BN]
The Defendants are represented by:
Rebecca Durrant, Esq.
KELLEY DRYE & WARREN LLP
888 Prospect Street, Suite 200
La Jolla, CA 92037
Phone: (858) 795-0426
Facsimile: (213) 547-4901
Email: RDurrant@KelleyDrye.com
ROCKFORD GASTROENTEROLOGY: Harris Files Suit in Ill. Cir. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Rockford
Gastroenterology Associates LTD. The case is styled as Minishia
Harris, for all others similarly situated v. Rockford
Gastroenterology Associates LTD, Case No. 2024-LA-0000372 (Ill.
Cir. Ct., Winnebago Cty, Dec. 9, 2024).
The case type is stated as "Tort - Wrongful Act."
Rockford Gastroenterology Associates, Ltd. --
https://www.rockfordgi.com/ -- is a medical practice company
located in Rockford, Illinois.[BN]
The Plaintiff is represented by:
Howard S. Abrams, Esq.
HOWARD ABRAMS LAW
10 S La Salle St #2160
Chicago, IL 60603
Phone: 312-985-7368
SANTANDER BANK: Seeks More Time to File Almanzar Class Cert Reply
-----------------------------------------------------------------
In the class action lawsuit captioned as Juan B. Almanzar v.
Santander Bank, Case No. 1:23-cv-10706-AS (S.D.N.Y.), the Defendant
asks the Court to enter an order granting an extension for
Santander's deadline to oppose Plaintiff's motion for class
certification:
The Plaintiff consents to this request. Santander's Opposition for
Class Certification is currently due December 16, 2024, and
Plaintiff’s Reply is currently due December 30, 2024.
Santander requests a one-week extension so that the proposed new
deadlines are the following:
1. Opposition to Class Certification: Dec. 23, 2024
2. Reply to Class Certification: Jan. 6, 2024
Santander seeks an extension for this Motion because of recent
personal and medical issues among Santander’s litigation team,
including: (1) a medical issue; (2) a death in the family; and (3)
a family member's illness. Given these circumstances, good cause
exists for this short extension, which would not affect the
Court’s trial calendar nor delay this case. Plaintiff requested
an extension on October 25, 2024 for this Motion, which was granted
on October 28, 2024. This is Santander’s first time requesting an
extension for this Motion.
Santander offers an array of financial services and products,
including retail banking, mortgages, corporate banking, cash
management, and credit card.
A copy of the Defendant's motion dated Dec. 9, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=f2f8gg at no extra
charge.[CC]
The Defendant is represented by:
Casey D. Laffey, Esq.
REED SMITH LLP
599 Lexington Avenue
New York, NY 10022-7650
Telephone: (212) 549-0389
Facsimile: (212) 521-5450
E-mail: claffey@reedsmith.com
SCHOLL'S WELLNESS: Website Inaccessible to the Blind, Suit Says
---------------------------------------------------------------
EDERY HERRERA, on behalf of himself and all other persons similarly
situated v. SCHOLL'S WELLNESS COMPANY LLC, Case No. 1:24-cv-09257
(S.D.N.Y., Dec. 5, 2024) sues the Defendant for its failure to
design, construct, maintain, and operate its interactive website,
https://drscholls.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons pursuant to the Americans with Disabilities Act.
During Plaintiff's visits to the Website, the last occurring on
Sept. 13, 2024, in an attempt to purchase a Severe Cracked Heel
Repair Restoring Balm and to view the information on the Website,
the Plaintiff encountered multiple access barriers that denied him
a shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public, the suit alleges.
The Plaintiff has suffered and continues to suffer frustration and
humiliation as a result of the discriminatory conditions present on
the Defendant's Website. These discriminatory conditions continue
to contribute to Plaintiff's sense of isolation and segregation,
the suit asserts.
The Plaintiff seeks a 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 consumers.
Mr. Herrera is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant offers foot and skincare products.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
SCULLY & SCULLY: Liz Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Scully & Scully, Inc.
The case is styled as Pedro Liz, on behalf of himself and all
others similarly situated v. Scully & Scully, Inc., Case No.
1:24-cv-09291 (S.D.N.Y., Dec. 6, 2024).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Scully & Scully -- https://www.scullyandscully.com/ -- offers the
world's finest gifts and home furnishings in a beautiful and
gracious atmosphere.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: (347) 941-4715
Email: glevy@glpcfirm.com
SET FORTH: Illegally Collects Personal Info, Newbery Says
---------------------------------------------------------
JORGE NEWBERY, and BRIAN JANNONE, individually, and on behalf of
all others similarly situated, Plaintiffs v. SET FORTH, INC. and
CENTREX SOFTWARE, INC., Defendants, Case No. 1:24-cv-12107 (N.D.
Ill., November 25, 2024) is a class action against the Defendants
for their negligence, negligence per se, violation of the Illinois
Personal Information Protection Act, and unjust enrichment.
Forth and Centrex provide cloud-based customer relationship
management solutions powered by the Forth platform. This platform
allows businesses to collect and share consumer information, with
their permission, between its users. As part of their business
operations, the Defendants receive electronic files and documents
that contain the personal identifiable information of thousands of
people, including Plaintiffs.
The Defendants failed to comply with regulatory, ethical, and
industry standards for cybersecurity and confidentiality of PII. As
a result, criminals gained access to Plaintiffs' and Class members'
PII. The Defendants estimate that approximately 1.5 million people
were affected by the data breach, says the suit.
Set Forth, Inc. provides online account management services for
individuals in debt relief programs.[BN]
The Plaintiffs are represented by:
Thomas A. Zimmerman, Jr., Esq.
Sharon A. Harris, Esq.
Matthew C. De Re, Esq.
Jeffrey D. Blake, Esq.
ZIMMERMAN LAW OFFICES, P.C.
77 W. Washington Street, Suite 1220
Chicago, IL 60602
Telephone: (312) 440-0020
Facsimile: (312) 440-4180
E-mail: tom@attorneyzim.com
sharon@attorneyzim.com
matt@attorneyzim.com
jeff@attorneyzim.com
- and -
Marc E. Dann, Esq.
Brian D. Flick, Esq.
DANNLAW
15000 Madison Avenue
Lakewood, OH 44107
Telephone: (216) 373-0539
Facsimile: (216) 373-0536
E-mail: notices@dannlaw.com
SIX FLAGS: Discovery Pertaining to Class Cert Bid Now Open
----------------------------------------------------------
In the class action lawsuit captioned as I.L., individually and on
behalf of all others similarly situated, et al., v. SIX FLAGS
ENTERTAINMENT CORP., et al., Case No. 1:23-cv-01769-KES-CDB (E.D.
Cal.), the Hon. Judge Christopher Baker entered an order that
discovery is now open for all discovery pertaining to Plaintiffs'
anticipated class certification motion and to the merits only to
the extent merits discovery overlaps with the class issues.
The parties may conduct discovery only as to the evidence relied
upon in support of the motion and in opposition to the motion for
class certification. Any motions to amend the pleadings, including
to add or substitute parties (including Doe defendants) and/or
allegations and claims, must be filed by Dec. 20, 2024.
All non-expert discovery related to the motion for class
certification shall be completed no later than July 11, 2025, and
all discovery pertaining to experts shall be completed by Sept. 5,
2025.
The parties are directed to disclose, in writing, all expert
witnesses to be used in connection with class certification by July
25, 2025, and to disclose all rebuttal experts by Aug. 8, 2025.
The Court sets a mid-discovery status conference on April 28, 2025,
at 9:30 a.m. before Magistrate Judge Christopher D. Baker.
Motion for Class Certification The motion for class certification
shall be filed no later than Sept. 26, 2025. Opposition to the
motion shall be filed no later than Oct. 17, 2025. Any reply shall
be filed no later than Oct. 31, 2025.
The hearing on the motion for class certification, to be heard by
Judge Baker, is set for Nov. 13, 2025, at 10:30 a.m.
Six Flags was an American amusement park corporation.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=eREdRQ at no extra
charge.[CC]
SKYC MANAGEMENT: Class Certification Bid Filing Due Jan. 14, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as VICTOR ANDUJAR,
Individually and on Behalf of All Others Similarly Situated, et
al., v. SKYC MANAGEMENT LLC et al., Case No. 1:23-cv-08764-MKV
(S.D.N.Y.), the Hon. Judge Mary Kay Vyskocil entered an order that
any motion for class certification under Rule 23 of the Federal
Rules of Civil Procedure must be filed by Jan. 14, 2025.
-- The Court will not extend this deadline, and any motion filed
after the deadline will be denied as untimely.
-- The parties must file a joint status letter by Feb. 13, 2025,
pursuant to the Court's earlier Order granting Plaintiffs'
motion
for conditional certification of a collective action under the
Fair Labor Standards Act (FLSA).
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=5WpV3Y at no extra
charge.[CC]
SPIRIT AIRLINES: Pays $4.3MM Obligation in Cox Suit
----------------------------------------------------
Spirit Airlines, Inc. disclosed in its Form 10-Q for the quarterly
period ended June 30, 2023, filed with the Securities and Exchange
Commission on August 3, 2023, that as of September 30, 2024, the
total obligation of $4.3 million related to a purported class
action, captioned "Cox, et al. v. Spirit Airlines, Inc.," has been
paid.
In 2017, the company was sued in the Eastern District of New York
in a purported class action alleging state-law claims of breach of
contract, unjust enrichment and fraud relating to the company's
practice of charging fees for ancillary products and services. The
original action was dismissed by the District Court; however,
following the plaintiff's appeal to the Second Circuit, the case
was remanded to the District Court for further review on the breach
of contract claim. A hearing on the company's Motion for Summary
Judgment and plaintiff's Motion for Class Certification was held on
December 10, 2021. The Court granted the plaintiff's class
certification motion and denied Spirit's summary judgment motion on
March 29, 2022. The company subsequently filed a motion for
reconsideration on April 26, 2022, and an oral argument was held on
May 19, 2022. The court denied Spirit's motion for reconsideration
on February 14, 2023.
On April 3, 2023, Spirit moved to compel arbitration of and/or
dismiss certain class members' claims for lack of personal
jurisdiction. Trial was set to begin on January 16, 2024. The total
amount paid will depend on a number of factors, including
participation of class members and any conditions on the settlement
approved by the court. In June 2023, the company reached a
tentative settlement in mediation for a maximum amount of $8.3
million.
Spirit Airlines operates a budget airline company based in Miramar
Florida.
STANDARD AND STRANGE: Blind Users Can't Access Website, Zhang Says
------------------------------------------------------------------
ANDREW ZHANG, on behalf of himself and all others similarly
situated, Plaintiff v. STANDARD AND STRANGE, Defendant, Case No.
1:24-cv-09354 (S.D.N.Y., December 9, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, 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,
https://www.standardandstrange.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: the lack of navigation links, ambiguous link texts,
inaccessible contact information, changing of content without
advance warning, unclear labels for interactive elements, lack of
alt-text on graphics, inaccessible drop-down menus, and the
requirement that transactions 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.
Standard and Strange is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
Email: Uri@Horowitzlawpllc.com
SWIFT TRANSPORTATION: Carlson Wins Class Certification Bid
----------------------------------------------------------
In the class action lawsuit captioned as DAVID CARLSON, an
individual, on behalf of himself and all others similarly situated,
v. SWIFT TRANSPORTATION CO. OF ARIZONA, LLC; and DOES 1 through 10,
inclusive, Case No. 3:23-cv-05722-RJB (W.D. Wash.), the Hon. Judge
Robert Bryan entered an order that:
-- Plaintiff's request for judicial notice is denied without
prejudice;
-- Plaintiff's Motion for class certification is granted:
The following class is certified:
"All current or former Washington residents who worked for the
Defendant as drivers paid on a per mile basis at any time
beginning three (3) years prior to the filing of the Complaint
through the date notice is mailed to the Class."
Plaintiff David Carlson is appointed class representative;
Joshua H. Haffner and Trevor Weinberg of Haffner Law PC are
appointed as class counsel.
-- The parties' updated Joint Status Report is due by Dec. 30,
2024.
The Clerk is directed to send uncertified copies of this Order to
all counsel of record and to any party appearing pro se at said
party's last known address.
Swift is a Phoenix, Arizona-based American truckload motor shipping
carrier.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xq0ENO at no extra
charge.[CC]
TC HEARTLAND: Class Cert Filing Extended to March 21, 2025
----------------------------------------------------------
In the class action lawsuit captioned as RICHARD TILKER, SAMUEL
GARCIA, ROCHELLE WILSON, and CARL DESOTO, individually and on
behalf of all others similarly situated, v. TC HEARTLAND, LLC, Case
No. 5:23-cv-04192-PCP (N.D. Cal.), the Hon. Judge P. Casey Pitts
entered an order extending the case schedule as follows:
Event Current Date Continued
Date
Deadline for Plaintiffs to File Feb. 28, 2025 Mar. 21,
2025
Motion for Class Certification
and Disclose Expert Reports ISO
Class Certification:
Deadline for TC Heartland to File May 2, 2025 May 23,
2025
Opposition to Motion for Class
Certification, File Daubert Motions
in Opposition to Motion for Class
Certification, and Disclose Rebuttal
Reports in Opposition to Plaintiffs'
Class Certification Experts:
Class Certification and Daubert Sept. 4, 2025 Sept. 25,
2025
Hearing:
Cutoff for Fact Discovery: Oct. 7, 2025 Oct. 28,
2025
Deadline to Conduct Mediation: Oct. 7, 2025 Oct. 28,
2025
Cutoff for Expert Discovery: Nov. 11, 2025 Nov. 25,
2025
Dispositive Motion/Daubert Jan. 22, 2026 Jan. 29,
2026
Hearing Deadline:
Pretrial Conference: April 28, 2026 April 28,
2026
Trial: May 11, 2026 May 11,
2026
TC Heartland provides packaged food products.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EV5rHU at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
Alan Gudino, Esq.
Samuel M. Gagnon, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
agudino@clarksonlawfirm.com
sgagnon@clarksonlawfirm.com
The Defendant is represented by:
Alexander M. Smith, Esq.
Kelly M. Morrison, Esq.
Dean N. Panos, Esq.
JENNER & BLOCK LLP
515 S. Flower Street, Suite 3300
Los Angeles, CA 90071-2054
Telephone: (213) 239-5100
Facsimile: (213) 239-5199
E-mail: asmith@jenner.com
kmorrison@jenner.com
dpanos@jenner.com
TIER-ONE PROPERTY: Class Cert Ruling Entered in De Martinez Suit
----------------------------------------------------------------
In the class action lawsuit captioned as CASTILLO DE MARTINEZ et al
v. TIER-ONE PROPERTY SERVICES, LLC, et al., Case No. 1:23-cv-02339
(D.D.C., Filed Aug. 11, 2023), the Hon. Judge Loren L. Alikhan
entered an order ruling on the parties' pending Joint Motion to
Certify Class and Preliminary Approval of Settlement.
The suit alleges violation of the Fair Labor Standards Act (FLSA).
Tier One is a facility services provider of commercial janitorial,
building maintenance, and specialty property services.[CC]
TRAVCO INSURANCE: Cerney Suit Removed to N.D. Illinois
------------------------------------------------------
The case styled as John Cerney, individually and on behalf of all
class members v. TRAVCO INSURANCE COMPANY; TEJASH PAREKH; COLIN
BANNISTER; RANDY MURBACH, and EDDIE QUINONES, Case No. 2024CH08850
was removed from the Circuit Court of Cook County, Illinois, to the
United States District Court for the Northern District of Illinois
on Dec. 9, 2024, and assigned Case No. 1:24-cv-12651.
The Plaintiff alleges that he made a claim under a homeowner's
insurance policy TravCo issued by for alleged wind and hail damage
occurring on or about April 4, 2023. He alleges that "Travelers
breached the terms of the Policy directly and their implied
covenant of good faith and fair dealing in multiple ways including
by superficially and inadequately inspecting the damage and
offering an unconscionably low offer to cover the loss; ousting
Plaintiff's chosen public adjuster; forcing Plaintiff to accept a
revised, yet still unconscionably low, offer by utilizing Zelle
payments; by not asking him to confirm either offer; by refusing to
engage in the appraisal process; and by ignoring communications
regarding the same."[BN]
The Defendants are represented by:
Thomas B. Orlando, Esq.
FORAN GLENNON PALANDECH PONZI & RUDLOFF PC
222 N. LaSalle Street, Suite 1400
Chicago, IL 60601
Phone: 312-863-5000
Email: torlando@fgppr.com
TRB LLC: Terrones Files Suit in Cal. Super. Ct.
-----------------------------------------------
A class action lawsuit has been filed against TRB LLC, et al. The
case is styled as Diego Terrones, on behalf of all similarly
situated individuals v. TRB LLC d/b/a TIN ROOF BISTRO, SIMMS
RESTAURANTS LLC, THOMAS M. SIMMS, JR., Case No. 24STCV32371 (Cal.
Super. Ct., Los Angeles Cty., Dec. 9, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
TRB LLC d/b/a Tin Roof Bistro -- https://www.tinroofbistro.com/ --
is a seasonal American cuisine & a Napa Valley wine library, plus a
display kitchen, patio & bocce court.[BN]
The Plaintiff is represented by:
Elliot J. Siegel, Esq.
KING & SIEGEL, LLP
724 S. Spring Street, Suite 201
Los Angeles, CA 90014
Phone: 213-465-4802
Fax: 213-465-4803
Email: elliot@kingsiegel.com
TWITTER INC: Revision of Briefing & Hearing Schedule Sought
-----------------------------------------------------------
In the class action lawsuit captioned as SYDNEY FREDERICK-OSBORN,
on behalf of herself and all others similarly situated, v. TWITTER,
INC., and X CORP., Case No. 3:24-cv-00125-JSC (N.D. Cal.), the
Parties ask the Court to enter an order revising the briefing and
hearing schedule as follows:
Deadline for Dr. Killingsworth's revised Jan. 21, 2025
report (if any):
Deadline for deposition of Dr. Killingsworth Feb. 4, 2025
and Plaintiff:
Defendant's opposition to class certification: March 4, 2025
Plaintiff's reply in support of class April 1, 2025
certification:
Hearing: May 8, 2025,
or a
date soon
thereafter
based
on the Court's
availability.
Twitter provides online social networking and microblogging
service.
A copy of the Parties' motion dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GDvnFp at no extra
charge.[CC]
The Plaintiff is represented by:
Shannon Liss-Riordan, Esq.
Thomas Fowler, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
Facsimile: (617) 994-5801
E-mail: sliss@llrlaw.com
tfowler@llrlaw.com
The Defendants are represented by:
Eric Meckley, Esq.
Brian D. Berry, Esq.
Roshni C. Kapoor, Esq.
Ashlee N. Cherry, Esq.
Kassia Stephenson, Esq.
Carolyn M. Corcoran, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
E-mail: eric.meckley@morganlewis.com
brian.berry@morganlewis.com
roshni.kapoor@morganlewis.com
ashlee.cherry@morganlewis.com
kassia.stephenson@morganlewis.com
carolyn.corcoran@morganlewis.com
UIPATH INC: Continues to Defend Consolidated Securities Class Suit
------------------------------------------------------------------
UiPath Inc. disclosed in its Form 10-Q Report for the quarterly
period ending October 31, 2024 filed with the Securities and
Exchange Commission on December 9, 2024, that the Company continues
to defend itself from a consolidated securities class suit in the
United States District Court for the Southern District of New
York.
On June 20, 2024, a putative class action lawsuit was filed in the
United States District Court for the Southern District of New York
against UiPath, Chief Executive Officer ("CEO") Daniel Dines,
former CEO Robert Enslin, and CFO Ashim Gupta. The case was
captioned Steiner v. UiPath, et al. The complaint asserts claims
under Sections 10(b) and 20(a) of the Exchange Act on behalf of a
putative class of persons who purchased or acquired UiPath common
stock between December 1, 2023 and May 29, 2024, and alleges that
defendants made material misstatements and omissions, including
regarding the Company's AI-powered Business Automation Platform and
the Company's strategy for, the success of, and customer demand for
the platform. The complaint seeks unspecified monetary damages,
costs and attorneys' fees, and other unspecified relief as the
Court deems appropriate.
On August 6, 2024, a second putative class action was filed in the
United States District Court for the Southern District of New York
against UiPath, CEO Daniel Dines, former CEO Robert Enslin, and CFO
Ashim Gupta. The case was captioned Brunozzi v. UiPath, et al. The
allegations in the Brunozzi complaint were identical to those made
in Steiner v. UiPath et al. except that the Brunozzi complaint
defines the putative class to include purchasers of UiPath call
options and sellers of put options.
On September 5, 2024, the Court consolidated the Steiner and
Brunozzi cases and appointed Brunozzi as the lead plaintiff. The
consolidated action is captioned In re UiPath, Inc. Securities
Litigation (the 2024 Securities Action").
On November 22, 2024, the lead plaintiff filed an amended complaint
against UiPath, former CEO Robert Enslin, and CFO Ashim Gupta.
CEO Daniel Dines is no longer a named defendant in the 2024
Securities Action.
The allegations in the amended complaints are substantively similar
to the allegations set forth in the complaints previously filed in
Steiner and Brunozzi, and the amended complaint seeks unspecified
monetary damages, costs and attorneys' fees, and other unspecified
relief as the Court deems appropriate.
UiPath is a global software company that makes robotic process
automation software.
UIPATH INC: Discovery Ongoing in Securities Class Suit
-------------------------------------------------------
UiPath Inc. disclosed in its Form 10-Q Report for the quarterly
period ending October 31, 2024 filed with the Securities and
Exchange Commission on December 9, 2024, that discovery is ongoing
for the securities class suit in the United States District Court
for the Southern District of New York.
On September 6, 2023, a putative class action lawsuit was filed in
the United States District Court for the Southern District of New
York against UiPath, then Co-Chief Executive Officer ("Co-CEO")
Daniel Dines, and Chief Financial Officer ("CFO") Ashim Gupta,
captioned In re UiPath, Inc. Securities Litigation (the "2023
Securities Action"). The initial complaint asserted claims under
Sections 10(b) and 20(a) of the Exchange Act, and alleged that
defendants made material misstatements and omissions, including
regarding UiPath's competitive position and its financial results.
On January 26, 2024, the lead plaintiff in the 2023 Securities
Action filed an amended complaint, and on March 26, 2024, filed a
further amended complaint, which alleges Securities Act claims
under Sections 11 and 15 as well as Exchange Act claims under
Section 10(b), Rule 10b-5, and Section 20(a).
In support of the Securities Act claims, the plaintiff alleges
material misstatements and omissions in UiPath's April 2021
Registration Statement, including regarding UiPath's competitive
position and its financial results.
The operative complaint is purportedly brought on behalf of a
putative class of persons who purchased or otherwise acquired
UiPath common stock between April 21, 2021 and September 27, 2022.
It seeks unspecified monetary damages, costs and attorneys' fees,
and other unspecified relief as the Court deems appropriate.
On April 23, 2024, the defendants moved to dismiss the second
amended complaint.
On November 4, 2024, the Court issued its opinion and order on the
motion to dismiss, wherein it dismissed all claims against Mr.
Gupta and dismissed all claims under the Securities Act against
UiPath and Mr. Dines, but allowed the case to proceed with respect
to two statements relating to competition that the plaintiffs
allege violated the Exchange Act.
Discovery will now proceed accordingly.
UiPath is a global software company that makes robotic process
automation software.
USA QR: Court Certifies Settlement Class in Liang Suit
------------------------------------------------------
In the class action lawsuit captioned as KAITUN LIANG and XIAO
FANG, individually and on behalf of all others similarly situated,
v. USA QR CULTURE INDUSTRY DEVELOPMENT, LLC, d/b/a HUTAOLI MUSIC
RESTAURANT & BAR, WEI YU, and "JANE" YU, Case No. 1:22-cv-04841-RWL
(S.D.N.Y.), the Hon. Judge Robert Lehrbuger entered an order
certifying the following Rule 23 Settlement Class for settlement
purposes only:
"All hourly workers employed by Hutaoli from June 8, 2016,
through
the date of Preliminary Approval Order."
Additionally, the Court certifies the following Fair Labor
Standards Act (FLSA) Collective Class for settlement purposes only:
"All hourly workers employed by Hutaoli within the State of New
York from June 8, 2019, through the date of Preliminary Approval
Order."
The Rule 23 Settlement Class and FLSA Collective Class are
conditionally certified for settlement purposes only, in accordance
with the Settlement Agreement.
The Court finds that the Settlement Agreement is fair, reasonable,
and adequate and should be preliminarily approved. The Settlement
will ensure prompt payment to class and collective members and
avoid the risks of continued litigation.
The Court preliminarily appoints Named Plaintiffs Kaitun Liang and
Xaio Fang as Class Representatives in this settlement with
Defendants. The Class Representatives, together with Class Counsel
(discussed below), are hereby authorized to act on behalf of
themselves and members of the Settlement Class with respect to the
Litigation and Settlement Agreement.
The Court preliminarily approves Valli Kane & Vagnini LLP and
Rissmiller PLLC as Class Counsel, finding that Robert J. Valli, Jr.
and Matthew L. Berman of VKV, and Alex Rissmiller of Rissmiller are
adequate to serve as Class Counsel.
The Court approves and appoints ILYM Group, Inc. to serve as the
Claims Administrator in accordance with the terms of the Settlement
Agreement and this Order. The Claims Administrator shall administer
the distribution of Settlement Notices and Claim Forms as set forth
in the Settlement Agreement.
A copy of the Court's order dated Dec. 9, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hnK8hg at no extra
charge.[CC]
VESTIS CORPORATION: Faces O'Neill Securities Suit
-------------------------------------------------
Vestis Corporation disclosed in its Form 10-K report for the fiscal
year ended September 27, 2024, filed with the Securities and
Exchange Commission on November 22, 2024, that on June 4, 2024, a
purported Vestis shareholder commenced a putative class action
lawsuit against Vestis, in the Court of Chancery of the State of
Delaware, captioned "O'Neill v. Vestis Corp.," Case No.
2024-0600-JTL.
The lawsuit is purportedly brought on behalf of Vestis
shareholders. The complaint alleges a single claim for declaratory
judgment, seeking to invalidate and void Section II.5(d) of Vestis'
Amended and Restated Bylaws, effective September 29, 2023. On
October 7, 2024, the court granted a stipulation to consolidate
multiple related actions involving similar company defendants,
including the Vestis action, solely for purposes of adjudicating an
omnibus motion to dismiss the complaints in each of those actions.
On October 11, 2024, Vestis and the other consolidated defendants
filed an omnibus motion to dismiss.
Vestis Corporation is a provider of uniform rentals and workplace
supplies across the United States and Canada.
VESTIS CORPORATION: Faces Securities Suit Over SEC Disclosures
--------------------------------------------------------------
Vestis Corporation disclosed in its Form 10-K report for the fiscal
year ended September 27, 2024, filed with the Securities and
Exchange Commission on November 22, 2024, that on May 17, 2024, a
purported Vestis shareholder commenced a putative class action
lawsuit against Vestis and certain of its officers, in the United
States District Court for the Northern District of Georgia,
captioned "Plumbers, Pipefitters and Apprentices Local No. 112
Pension Fund v. Vestis Corporation, et al.," Case No.
1:24-cv-02175-SDG.
The lawsuit is purportedly brought on behalf of purchasers of
Vestis’ common stock between October 2, 2023 and May 1, 2024,
inclusive. The complaint alleges claims under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934, based on allegedly
false or misleading statements generally related to our business
and operations, pricing practices, and financial results and
outlook. The lawsuit seeks unspecified damages and other relief. On
September 23, 2024, the court appointed co-lead plaintiffs. On
October 30, 2024, the court entered an amended scheduling order.
Vestis Corporation is a provider of uniform rentals and workplace
supplies across the United States and Canada.
WELLS FARGO BANK: Terry Suit Removed to S.D. Florida
----------------------------------------------------
The case styled as Edmund Terry, individually and on behalf of all
others similarly situated v. WELLS FARGO BANK, N.A., Case No.
502024CA010488XXXAMB was removed from the Circuit Court of the
Fifteenth Judicial Circuit in and for Palm Beach County, to the
United States District Court for the Southern District of Florida
on Dec. 6, 2024, and assigned Case No. 9:24-cv-81527-XXXX.
The Plaintiff filed an Amended Complaint against Wells Fargo in the
State Court Action on December 5, 2024. Plaintiff sues Wells Fargo
for alleged breach of fiduciary duties (Count I) and conversion
(Count II). In support, Plaintiff alleges Wells Fargo denies
reimbursing fraud when those reports are untimely despite
Plaintiff's belief that accountholders do not have a reasonable
opportunity to discover alteration of check payees when monthly
statements do not include either copies of cancelled checks or
identification of check payees.[BN]
The Plaintiff is represented by:
Jack Scarola, Esq.
SEARCY DENNEY SCAROLA BARNHART & SHIPLEY, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Email: jsx@searcylaw.com
mmccann@searcylaw.com
scarolateam@searcylaw.com
The Defendants are represented by:
Emily Y. Rottmann, Esq.
McGUIREWOODS LLP
50 N. Laura Street, Suite 3300
Jacksonville, FL 32202
Phone: (904) 798-3200
Fax: (904) 798-3207
Email: erottmann@mcguirewoods.com
flservice@mcguirewoods.com
clambert@mcguirewoods.com
WEST WIND EXPRESS: Smon Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against West Wind Express,
Inc. The case is styled as Sameth Chan Smon, Felipe Cortes, Terry
Esqueda, individually and on behalf of all other similarly situated
vs. West Wind Express, Inc., Case No. STK-CV-UOE-2024-0016912 (Cal.
Super. Ct., San Joaquin Cty., Dec. 6, 2024).
The case type is stated as "Unlimited Civil Other Employment."
West Wind Express Inc. is an active carrier, broker in Phoenix,
Arizona and transports general freight, and more.[BN]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92318
Phone: (949) 387-7200
Fax: (949) 387-6676
WOODCRAFT SUPPLY: Frost Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Woodcraft Supply LLC, Case No. 0:24-cv-04403
(D. Minn., Dec. 6, 2024), is brought arising because the
Defendant's Website (www.woodcraft.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 have been legally blind and are therefore
disabled.
The Defendant offers woodworking tools and accessories for sale
including, but not limited to, power tools, hand tools, hardware,
kits, projects, and more.[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
YUMMI SUSHI: Diaz Suit Removed to C.D. California
-------------------------------------------------
The case styled as Angela Diaz, as an individual and on behalf of
all others similarly situated v. YUMMI SUSHI, a California
corporation; GBC FOOD SERVICES, LLC, a Texas limited liability
company; THEIN AUNG, an individual; KATIE AUNG, an individual; and
DOES 1 through 100, inclusive, Case No. 24STCV24704 was removed
from the Superior Court of the State of California, County of Los
Angeles, to the United States District Court for the Central
District of California on Dec. 6, 2024, and assigned Case No.
2:24-cv-10538.
The Plaintiffs brings claims under California wage and hour laws,
claiming that she was improperly classified as an independent
contractor instead of an employee. As a result, she seeks various
categories of damages under California law, seeking the wages and
benefits she claims she should have received if she was properly
classified as an employee, as well as penalties.[BN]
The Defendants are represented by:
Howard Knee, Esq.
BLANK ROME LLP
2029 Century Park East | 6th Floor
Los Angeles, CA 90067
Phone: 424.239.3400
Facsimile: 424.239.3434
Email: howard.knee@blankrome.com
- and -
Katherine C. Den Bleyker, Esq.
Jeremy Stern, Esq.
O'HAGAN MEYER, LLP
550 S. Hope Street, Suite 2400
Los Angeles, CA 90071
Phone: 213.647.0005
Facsimile: 213.647.1750
Email: kdenbleyker@ohaganmeyer.com
jstern@ohaganmeyer.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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