/raid1/www/Hosts/bankrupt/CAR_Public/241223.mbx
C L A S S A C T I O N R E P O R T E R
Monday, December 23, 2024, Vol. 26, No. 256
Headlines
3D SYSTEMS: Court OK's Settlement in Consolidated Securities Suit
ACTIVEHOURS INC: Class Cert Bid Filing in Orubo Due May 21, 2025
AETNA LIFE: Bid to Alter Class Certification Tossed
AIR PRODUCTS: Court Allows Sealing of Class Cert Documents
ALORICA INC: Class Cert Bid Hearing Set for Jan. 10, 2025
AMAZON.COM INC: Bid to Dismiss Wilmuth Class Action Tossed
AMAZON.COM INC: Class Cert Bid Deadline Amended to July 7, 2025
AMAZON.COM INC: Court Modifies Class Cert Deadlines in Brown Suit
AMAZON.COM INC: Court Modifies Class Cert Deadlines in De Coster
AMAZON.COM INC: Court Modifies Class Cert Deadlines in Frame-Wilson
AMAZON.COM INC: Must Produce Collective Member List by Jan. 15
AMERICAN BANKERS: Bid to Deny Class Certification in Dahl Tossed
AMERICAN TAX: Mott Seeks Leave to Conduct Class Certification
ARCHER DANIELS: Court Moots All Pending Bids in AOT Suit
ARMADURA: Discovery in Schwartz Suit Due Sept. 12, 2025
AUTODESK INC: Faces Securities Suit Over SEC Disclosures
AUTOVEST LLC: Rouzer Seeks Initial Approval of Class Settlement
BANK OF NEW YORK MELLON: Must File Class Cert Response by Dec. 23
BOZZUTO'S INC: Summary Judgment Filing Extended to Jan. 20, 2025
CAPITOL FEDERAL: Dismissal of Harding Suit Under Appeal
CEDAR FAIR: Walker Seeks Leave to File Third Amended Complaint
CENTRAL GARDEN: Must File Opposition in Brand Suit by Jan. 15, 2025
CIRCLE K: Abboud Suit Seeks to Certify Class & Subclass
COMPASS MINERALS: John Valentine Appointed as Lead Plaintiff
CONTINENTAL RESOURCES: Class Cert Bid Filing Extended to May 2025
CRAYOLA LLC: Website Inaccessible to the Blind, Dalton Alleges
CREDIT SUISSE: Diabat Seeks to Certify Class Action
DENCO CONSTRUCTION: Seeks More Time to File Class Cert Response
DEUTSCH IMPORTS: Faces Collinson Suit Over Defective Glass Tiles
DICKINSON COLLEGE: Class Cert. Bid Filing Due June 30, 2025
DIRECT HEALTH: Weingrad Balks at Unsolicited Telemarketing Calls
DISTRICT OF COLUMBIA: Suit Remains Stayed Until Status Hearing
DITSCH USA: Smith Files Suit Over Unpaid Wages
DOT TRANSPORTATION: Watson Seeks to Certify Class & Subclasses
DRAFTKINGS INC: Aminov Suit Removed to E.D. New York
DUKE ENERGY: Fails to Prevent Data Breach, Cintron Alleges
EMBRY-RIDDLE AERONAUTICAL: Court Extends Class Cert Discovery
ESSA BANCORP: Continues to Defend Suit Over RESPA Violation
ESSA BANCORP: Discovery Ongoing in RESPA Violation Suit
EVERYTHING BREAKS: Settlement in Campbell Suit Gets Conditional OK
FCA US: Plaintiffs Must File Class Cert. Bid by Jan. 16, 2025
FIRST BANCSHARES: Class Settlement in Hall Suit Gets Initial Nod
FRONTRUNNERS INC: Website Inaccessible to the Blind, Zhang Says
GENERAL MILLS: Cantu Suit Removed to C.D. California
GENERAL MOTORS: Riley Suit Transferred to W.D. Tennessee
GINKGO BIOWORKS: Class Settlement in Bernstein Gets Final Nod
GIORGIO ARMANI: Class Cert Bid in Ahumada Extended to June 30, 2025
GLOBAL EXCHANGE: Faces Garcia Suit Over Illegal Solicitation Calls
GOODRX INC: Conspires to Fix Prices Paid to Pharmacies, Suit Says
GRAND AMERICA: Filing for Class Cert Bid Extended to Feb. 24, 2025
GRAND AMERICA: Parties Seek to Amend Scheduling Order
H.B. FULLER COMPANY: Rouse Files Suit in N.D. Ohio
HEADLESS WIDOW: Hussein Collective Certification Bid Partly OK'd
HERNIA MEDICAL: Jloc Sues Over Illegal Employment Practices
HONDA MOTOR: Filing for Decertification Due Feb. 10, 2025
HP INC: Continues to Defend York County Class Suit in California
HY CITE: Class Certification Bids in Keith Due Aug. 11, 2025
HYATT CORPORATION: Class Cert Bid Filing Modified to July 22, 2025
IMT PAVILION: Files Petition in Mendez Suit to Sup. Ct. of Texas
ISAAC OUZANA: Court Junks Summary Judgment Bids in Layani
JUPITER RESEARCH: Sues Over Cannabis Oil Vaporizer Monopoly
KNIGHT-SWIFT: Parties Seek to Modify Class Cert Briefing Schedule
LIONEL PIERRE: Muhammad Suit Seeks to Certify Class of Inmates
MARSH & MCLENNAN: Leave to Appeal Class Cert Bid Denial Tossed
MCGRAW HILL: Case Management & Scheduling Order Entered in Flynn
MDL 2566: Denial of Class Certification Sought
MERIT ENERGY: GOP Seeks Final Certification of Settlement Class
MICROSOFT CORP: Class Cert Bid Filing Modified to Oct. 9, 2025
MONONGALIA COUNTY, WV: Faces Suit Over Free Speech Rights Violation
MONTEREY COUNTY, CA: Fact Discovery in Diggs Due Oct. 10, 2025
NATIONAL GENERAL: King Suit Seeks Rule 23 Class Certification
NATIONAL GRID: Nightingale Seeks More Time to File Class Cert Reply
NATIONSTAR MORTGAGE: Laramee Files Suit in Mass. Super. Ct.
NEWREZ LLC: Settlement in Yates Suit Gets Initial Nod
NEXION HEALTH: Class Cert Bid Filing in Devore Due August 13, 2025
NITEO PRODUCTS: Crumwell Seeks Equal Website Access for the Blind
ONIX GROUP: Settlement Deal in Data Breach Suit Gets Final Nod
OXY USA: Filing for Class Cert Bid in Cherry Suit Due Jan. 9, 2025
PHONE LCD: Seeks Revised Briefing Schedule in Bilir Class Suit
PJR DRYWALL: Fails to Pay Proper Wages, Cruz Suit Alleges
POLITICO LLC: Shares Info With Third-Party Trackers, Deddeh Says
PREMIER LAW: Class Cert. Hearing Reset to Feb. 18, 2025
PTT LLC: H5E Wins Summary Judgment vs Larsen
QUIET SERVICES: Kielan Seeks to Recover OT & Tips Under FLSA
RAMA KINJAL: Property Has Architectural Barriers, Cheli Says
RAYMOND JAMES: Faces Cunningham Suit Over Bank Deposit Program
REPUBLIC SERVICES: Woody's Pizzeria Seek to Certify Classes
ROFESSIONAL RESOURCES: Sued Over Mass Layoff Without Prior Notice
RSDC OF MICHIGAN: Ridge Suit Alleges Failure to Pay Proper Wages
SANMINA CORP: Faces Guerrero Labor Suit in California Court
SEAVIEW INSURANCE: Parties Must File Omnibus Administrative Bid
SEAVIEW INSURANCE: Plaintiffs Seek to Certify Rule 23 Class
SENIOR VILLAGE: Class Cert Bid Filing in Williams Due Nov. 21, 2025
SNOWFLAKE INC: Data Breach Suit in Montana Court Consolidated
SNOWFLAKE INC: Faces Shareholder Suit in California Court
SODEXO INC: Amos Files FLSA Suit in D. Maryland
SONIC CORP: Wilkins ADA Class Suit Removed to E.D. Pa.
SONY INTERACTIVE: Caccuri Seeks Initial OK of Class Settlement
SOUTHWEST AIRLINES: George Files Suit in Cal. Super. Ct.
SQUARE PAYROLL: Lopez Files Suit in Cal. Super. Ct.
STAKE CENTER: Holtsclaw Must File Class Cert Bid by Jan. 30, 2025
STAKE CENTER: Parties Seek More Time to File Class Cert Bid
STATE FARM MUTUAL: Dortch Suit Removed to M.D. Alabama
STEVE PAPPAS: General Pretrial Management Order Entered in Hreish
SUBARU OF AMERICA: Class Settlement in Cohen Suit Gets Final Nod
TASKUS INC: Lozada Seeks to File Unredacted Supplemental Memo
TD BANK: Bids for Summary Judgment in Dou Suit Due Dec. 18, 2025
TESLA INC: Class Cert Bid Filing Amended to April 30, 2025
TESLA INC: Compels Morgan to Comply With Non-Party Subpoena
TESLA INC: Filing for Class Certification Bid Due May 2, 2025
TILRAY BRANDS: Salama Appeals Summary Judgment Ruling
TOPCO ASSOCIATES: Rittenhouse Consumer Suit Removed to E.D.N.Y.
TRANS UNION: Class Cert Bid Filing in Christian Due May 30, 2025
TWITTER INC: Must Oppose Class Cert Bid by March 4, 2025
UNION PACIFIC: Parties Must File Class Cert Deposition Schedule
UNITED STATES: Vollkova's Bid for Class Certification Reinstated
UNIVERSALPEGASUS INTERNATIONAL: Taylor Sues Over Data Breach
US BANCORP: Dionicio Suit Seeks to Certify Rule 23 Class Action
VASSAR COLLEGE: Not Allowed to File Opening Bid Against Class Cert
VISA INC: Monopolizes Network Fees, Griffith Class Suit Says
WEBHELP AMERICAS: Court Dismisses Margolis Suit
WRIGHT BROTHERS: Mason Suit Removed to E.D. Tennessee
XCLUSIVE PROFESSIONAL: Cooksey Sues Over Unlawful Misclassification
YARDI SYSTEMS: Frank Suit Transferred to W.D. Washington
ZERO BREEZE: Website Inaccessible to the Blind, Miller Says
ZOOMINFO TECHNOLOGIES: Ohio Funds Appointed as Lead Plaintiff
*********
3D SYSTEMS: Court OK's Settlement in Consolidated Securities Suit
-----------------------------------------------------------------
3D Systems Corporation disclosed in its Form 10-Q for he quarterly
period ended November 2, 2024, filed with the Securities and
Exchange Commission on November 27, 2024, that the court held a
final fairness hearing on November 21, 2023 and subsequently
entered the Order and Final Judgement approving the Securities
Class Action settlement and dismissing a Securities Class Action
claims with prejudice on January 4, 2024.
The time for any party to appeal expired on February 5, 2024, and
no appeals were filed, accordingly the discovery stays in the South
Carolina and E.D.N.Y. derivative actions lifted on March 6, 2024.
The company and certain of its current and former executive
officers have been named as defendants action styled "In re 3D
Systems Securities Litigation," No. 1:21-cv-01920-NGG-TAM. On July
14, 2021, the court appointed a lead plaintiff for the putative
class and approved his choice of lead counsel. Lead plaintiff filed
his consolidated amended complaint on September 13, 2021, alleging
that defendants violated the Securities Exchange Act of 1934 and
SEC Rule 10b-5 promulgated thereunder by making false and
misleading statements and omissions, and that the current and
former executive officers named as defendants are control persons
under Section 20(a) of the Exchange Act.
The amended complaint was filed on behalf of stockholders who
purchased shares of the company's common stock between May 6, 2020
and March 5, 2021, and seeks monetary damages on behalf of the
purported class. Defendant moved to dismiss the amended complaint
on February 15, 2022, and the motion was fully briefed in May
2022.
On October 28, 2022, the parties notified the District Court that
they reached an agreement in principle resolving this action, and
on December 19, 2022, the lead plaintiff filed a motion seeking
entry of an order preliminarily approving the settlement and
establishing notice procedures. On June 5, 2023, following the
district court's referral of lead plaintiff's motion to a
Magistrate Judge for a Report and Recommendation on the motion, the
Magistrate Judge issued a Report and Recommendation recommending
that the district court grant lead plaintiff's motion for
preliminary approval of the settlement.
The District Court adopted the report and recommendation and
preliminarily approved the settlement on July 19, 2023.
3D Systems Corporation is into healthcare solutions and industrial
solutions segments which include 3D printers and corresponding
materials, digitizers, software licenses, 3D scanners and haptic
devices.
ACTIVEHOURS INC: Class Cert Bid Filing in Orubo Due May 21, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as BRENNAN ORUBO, et al., v.
ACTIVEHOURS, INC., Case No. 5:24-cv-04702-PCP (N.D. Cal.), the Hon.
Judge P. Casey Pitts entered a scheduling order as follows:
-- Motion to Dismiss or Answer to Complaint: Jan. 10,
2025
-- Opposition to Motion to Dismiss: Jan. 31,
2025
-- Motion for Class Certification and Plaintiffs' May 21,
2025
Expert Report on Class Certification:
-- Response to Class Certification Motion and June 18,
2025
Defendant's Expert Reports on Class
Certification:
-- Reply in Support of Class Certification Motion July 2,
2025
and Rebuttal Expert Reports on Class
Certification:
-- Fact Discovery Cutoff: Jan. 9,
2026
-- Joint Pretrial Conference: Nov. 10,
2026
Activehours designs and develops application software.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=csmT7M at no extra
charge.[CC]
AETNA LIFE: Bid to Alter Class Certification Tossed
---------------------------------------------------
In the class action lawsuit captioned as JOANNE WOLFF, individually
and on behalf of a Class of Similarly Situated Individuals, v.
AETNA LIFE INSURANCE COMPANY, Case No. 4:19-cv-01596-MWB (M.D.
Pa.), the Hon. Judge Matthew Brann entered an order denying the
attempt to alter the class certification.
-- The Court finds that the class is comprised of, at most
individuals.
-- A telephonic status conference call with counsel of record will
be
scheduled by separate Order of Court.
-- It was apparently during these good faith settlement
negotiations
that Aetna produced the additional plans and persons who Wolff
now
seeks to include in the class.
-- Permitting the class to expand would punish Aetna's settlement
efforts by expanding the class beyond what it would have been
had
Aetna simply refused to settle the matter and proceeded with
this
litigation.
Specifically, the parties dispute whether the class is confined to
the 57 individuals identified by the parties and examined by the
Court during the class certification process, or whether it should
include 142 individuals based upon new documents provided by Aetna
during attempts to negotiate a resolution to this litigation.
Despite Joanne Wolff's strenuous arguments to the contrary, for
several reasons the class as currently constituted is comprised of
-- at most -- 57 individuals.
Aetna is a diversified health care benefits company.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=79c8zb at no extra
charge.[CC]
AIR PRODUCTS: Court Allows Sealing of Class Cert Documents
----------------------------------------------------------
In the class action lawsuit captioned as CamCara, Inc., d/b/a AST
Manufacturing, individually, and on behalf of all others similarly
situated, v. Air Products and Chemicals, Inc., Case No.
5:21-cv-02264-JLS (E.D. Pa.), the Hon. Judge Jeffrey Schmehl
entered an order granting unopposed motion to seal documents
relating to Plaintiff's motion for class certification.
(1) A narrowly tailored portion of Plaintiff's Memorandum of Law
in
Support of Plaintiff's motion for class certification; and
(2) Exhibits 1, 3, 4-13, 15-29, and 31-36 cited therein.
Air Products is an American international corporation whose
principal business is selling gases and chemicals for industrial
use.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zfHOHe at no extra
charge.[CC]
ALORICA INC: Class Cert Bid Hearing Set for Jan. 10, 2025
---------------------------------------------------------
In the class action lawsuit captioned as AARON MUNOZ, and MELISSA
OLSEN, individually and as a representative of a Putative Class of
Participants and Beneficiaries, on behalf of the ALORICA 401 (K)
RETIREMENT PLAN, v. ALORICA, INC.; ALORICA RETIREMENT SAVINGS PLAN
COMMITTEE; LISA ADAMSHICK; JOYCE TODD-GUERRA; CHRIS HYUN; ELIZABETH
LAN PAN; EMILY KILGORE; RICK HAYES; DEON STENNER; MATTHEW VONDETTE;
DAN FINNEGAN; JAE CHANEY; MORGAN STANLEY SMITH BARNEY, LLC; and
DOES 1 through 50, Case No. 8:22-cv-01856-JWH-DFM (C.D. Cal.), the
Hon. Judge John Holcomb entered an order as follows:
1. The Parties' stipulation regarding enlargement of time to
file
reply brief in support of motion for class certification is
granted.
2. The deadline for the Plaintiffs to file their reply in
support
of the motion for class certification is Jan. 10, 2025.
3. The hearing on the Plaintiff's motion for class certification
is
set for Feb. 18, 2025.
Alorica is a provider of Business Process and Customer Satisfaction
Outsourcing solutions that span the entire customer lifecycle.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XQnJFL at no extra
charge.[CC]
AMAZON.COM INC: Bid to Dismiss Wilmuth Class Action Tossed
----------------------------------------------------------
In the class action lawsuit captioned as CAROLINE WILMUTH,
KATHERINE SCHOMER, and ERIN COMBS, v. AMAZON.COM INC., Case No.
2:23-cv-01774-JNW (W.D. Wash.), the Hon. Judge Jamal Whitehead
entered an order:
-- denying Amazon's motion to dismiss and/or strike; and
-- denying as moot Amazon's motion to stay or bifurcate class and
collective discovery, because it asked the Court to relieve
Amazon
of certain discovery obligations while its motion to dismiss
and/or strike was pending.
The Court finds that Amazon's motion is premature, as it cannot say
from the pleadings alone that Plaintiffs' case is so hopeless as a
class or collective action that it must be dismissed at the start.
The Plaintiffs' allegations are best viewed through the prism of a
class certification motion after some opportunity for discovery.
Accordingly, the Court denies Amazon's motion.
The Plaintiffs allege that Amazon "has systematically paid and
continues to pay female employees lower compensation than it has
paid and continues to pay men performing substantially equal or
similar work" in violation of the federal Equal Pay Act (EPA) and
the Washington Equal Pay and Opportunities Act (EPOA).
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=69tjFs at no extra
charge.[CC]
AMAZON.COM INC: Class Cert Bid Deadline Amended to July 7, 2025
---------------------------------------------------------------
In the class action lawsuit Re Amazon.com, Inc. eBook Antitrust
Litigation, Case No. 1:21-cv-00351-GHW-VF (S.D.N.Y.), the Hon.
Judge Valerie Figueredo entered an amended schedule for class
certification briefing and class expert deadlines:
Event Current Proposed
New
Deadline Deadline
Plaintiffs' Class Certification Jan. 2, 2025 July 7, 2025
Motion:
Amazon's Class Certification March 2, 2025 Sept. 5,
2025
Opposition:
Plaintiffs' Class Certification April 2, 2025 Oct. 6, 2025
Reply:
Close of Fact Discovery: June 2, 2025 Dec. 5, 2025
Plaintiffs' Expert Reports: July 2, 2025 Jan. 5, 2026
Amazon's Expert Reports: Sept. 2, 2025 March 6,
2026
Close of Expert Discovery Oct. 2, 2025 April 3,
2026
(incl. all depositions):
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GlZsts at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Nathan Emmons, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
nathane@hbsslaw.com
- and -
Joseph M. Vanek, Esq.
Paul E. Slater, Esq.
Eamon P. Kelly, Esq.
Alberto Rodriquez, Esq.
Phillip F. Cramer, Esq.
James Almon, Esq.
SPERLING & SLATER, LLC
55 W. Monroe Street, 32nd Floor
Chicago, IL 60603
Telephone: (312) 641-3200
Facsimile: (312) 641-6492
E-mail: jvanek@sperling-law.com
pes@sperling-law.com
ekelly@sperling-law.com
arodriquez@sperling-law.com
pcramer@sperling-law.com
jalmon@sperling-law.com
The Defendant is represented by:
John E. Schmidtlein, Esq.
Jonathan B. Pitt, Esq.
Carl R. Metz, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Avenue, S.W.
Washington, DC 20024
Telephone: (202) 434-5000
Facsimile: (202) 434-5029
E-mail: JSchmidtlein@wc.com
JPitt@wc.com
CMetz@wc.com
AMAZON.COM INC: Court Modifies Class Cert Deadlines in Brown Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as CHRISTOPHER BROWN, et al.,
v. AMAZON.COM, INC., a Delaware corporation, Case No.
2:22-cv-00965-JHC (W.D. Wash.), the Hon. Judge John Chun entered an
order that:
The class certification deadlines contained in Frame-Wilson, Dkt.
No. 172 and De Coster, Dkt. Nos. 160 and 220 are modified as
follows.
-- In Frame-Wilson, the Plaintiffs' deadline to file their class
certification motion is Jan. 21, 2025; Amazon's deadline to
oppose
Plaintiffs' class certification motion is April 21, 2025;
Plaintiffs' deadline to file their reply in support of class
certification is June 23, 2025.
-- In De Coster, the Plaintiffs' deadline to file their reply in
support of class certification, their opposition to Amazon's
motion to exclude their expert, and any motion to exclude
Amazon’s
expert is Feb. 24, 2025; Amazon's opposition to any motion by
Plaintiffs to exclude Amazon's expert is April 2, 2025;
Plaintiffs' deadline to file a reply in support of any motion
they
file to exclude Amazon's expert is April 30, 2025.
Furthermore: In De Coster, the Court directs the Clerk to renote
(1) Plaintiffs' Motion for Class Certification, Case No. 21-693,
for Feb. 24, 2025; and
(2) Amazon's Motion to Exclude, Case No. 21-693, for April 2,
2025.
Finally, the Court strikes the Dec. 13, 2024 hearing. The Court is
unavailable on Jan. 14 and 15, 2025. Therefore, on Jan. 24, 2025,
at 9:00 a.m., at a conference room at the United States Courthouse,
counsel for the parties shall meet and confer to resolve
Plaintiffs' pending motions to compel.
Counsel shall contact the Courtroom Deputy via email, at
ashleigh_drecktrah@wawd.uscourts.gov, for the location of the
conference room.
If the parties are unable to resolve the Motions by 10:00 a.m. that
day, then the Court will proceed with oral argument on the motions.
Oral argument will take place in courtroom 14106. Counsel shall
immediately notify the Court if the motions are resolved prior to
the hearing scheduled above.
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M5jpRx at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
- and -
Zina G. Bash, Esq.
Jessica Beringer, Esq.
Shane Kelly, Esq.
Roseann Romano, Esq.
Alex Dravillas, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: zina.bash@kellerpostman.com
Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
roseann.romano@kellerpostman.com
ajd@kellerpostman.com
- and -
Alicia Cobb, Esq.
Steig D. Olson, Esq.
David D. LeRay, Esq.
Nic V. Siebert, Esq.
Maxwell P. Deabler-Meadows, Esq.
Adam B. Wolfson, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: aliciacobb@quinnemanuel.com
steigolson@quinnemanuel.com
davidleray@quinnemanuel.com
nicolassiebert@quinnemanuel.com
maxmeadows@quinnemanuel.com
adamwolfson@quinnemanuel.com
The Defendant is represented by:
John A. Goldmark, Esq.
MaryAnn Almeida, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: SteveRummage@dwt.com
JohnGoldmark@dwt.com
MaryAnnAlmeida@dwt.com
- and -
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Amy J. Mauser, Esq.
Martha L. Goodman, Esq.
Kyle Smith, Esq.
Meredith Dearborn, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
amauser@paulweiss.com
ksmith@paulweiss.com
mdearborn@paulweiss.com
mgoodman@paulweiss.com
AMAZON.COM INC: Court Modifies Class Cert Deadlines in De Coster
----------------------------------------------------------------
In the class action lawsuit captioned as ELIZABETH DE COSTER, et
al., on behalf of themselves and all other similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:21-cv-00693-JHC (W.D. Wash.), the Hon. Judge John Chun entered an
order that:
The class certification deadlines contained in Frame-Wilson, Dkt.
No. 172 and De Coster, Dkt. Nos. 160 and 220 are modified as
follows.
-- In Frame-Wilson, the Plaintiffs' deadline to file their class
certification motion is Jan. 21, 2025; Amazon's deadline to
oppose
Plaintiffs' class certification motion is April 21, 2025;
Plaintiffs' deadline to file their reply in support of class
certification is June 23, 2025.
-- In De Coster, the Plaintiffs' deadline to file their reply in
support of class certification, their opposition to Amazon's
motion to exclude their expert, and any motion to exclude
Amazon’s
expert is Feb. 24, 2025; Amazon's opposition to any motion by
Plaintiffs to exclude Amazon's expert is April 2, 2025;
Plaintiffs' deadline to file a reply in support of any motion
they
file to exclude Amazon's expert is April 30, 2025.
Furthermore: In De Coster, the Court directs the Clerk to renote
(1) Plaintiffs' Motion for Class Certification, Case No. 21-693,
for Feb. 24, 2025; and
(2) Amazon's Motion to Exclude, Case No. 21-693, for April 2,
2025.
Finally, the Court strikes the Dec. 13, 2024 hearing. The Court is
unavailable on Jan. 14 and 15, 2025. Therefore, on Jan. 24, 2025,
at 9:00 a.m., at a conference room at the United States Courthouse,
counsel for the parties shall meet and confer to resolve
Plaintiffs' pending motions to compel.
Counsel shall contact the Courtroom Deputy via email, at
ashleigh_drecktrah@wawd.uscourts.gov, for the location of the
conference room.
If the parties are unable to resolve the Motions by 10:00 a.m. that
day, then the Court will proceed with oral argument on the motions.
Oral argument will take place in courtroom 14106. Counsel shall
immediately notify the Court if the motions are resolved prior to
the hearing scheduled above.
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=43TqDl at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
- and -
Zina G. Bash, Esq.
Jessica Beringer, Esq.
Shane Kelly, Esq.
Roseann Romano, Esq.
Alex Dravillas, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: zina.bash@kellerpostman.com
Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
roseann.romano@kellerpostman.com
ajd@kellerpostman.com
- and -
Alicia Cobb, Esq.
Steig D. Olson, Esq.
David D. LeRay, Esq.
Nic V. Siebert, Esq.
Maxwell P. Deabler-Meadows, Esq.
Adam B. Wolfson, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: aliciacobb@quinnemanuel.com
steigolson@quinnemanuel.com
davidleray@quinnemanuel.com
nicolassiebert@quinnemanuel.com
maxmeadows@quinnemanuel.com
adamwolfson@quinnemanuel.com
The Defendant is represented by:
John A. Goldmark, Esq.
MaryAnn Almeida, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: SteveRummage@dwt.com
JohnGoldmark@dwt.com
MaryAnnAlmeida@dwt.com
- and -
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Amy J. Mauser, Esq.
Martha L. Goodman, Esq.
Kyle Smith, Esq.
Meredith Dearborn, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
amauser@paulweiss.com
ksmith@paulweiss.com
mdearborn@paulweiss.com
mgoodman@paulweiss.com
AMAZON.COM INC: Court Modifies Class Cert Deadlines in Frame-Wilson
-------------------------------------------------------------------
In the class action lawsuit captioned as DEBORAH FRAME-WILSON, et
al., on behalf of themselves and all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:20-cv-00424-JHC (W.D. Wash.), the Hon. Judge John Chun entered an
order that:
The class certification deadlines contained in Frame-Wilson, Dkt.
No. 172 and De Coster, Dkt. Nos. 160 and 220 are modified as
follows.
-- In Frame-Wilson, the Plaintiffs' deadline to file their class
certification motion is Jan. 21, 2025; Amazon's deadline to
oppose
Plaintiffs' class certification motion is April 21, 2025;
Plaintiffs' deadline to file their reply in support of class
certification is June 23, 2025.
-- In De Coster, the Plaintiffs' deadline to file their reply in
support of class certification, their opposition to Amazon's
motion to exclude their expert, and any motion to exclude
Amazon’s
expert is Feb. 24, 2025; Amazon's opposition to any motion by
Plaintiffs to exclude Amazon's expert is April 2, 2025;
Plaintiffs' deadline to file a reply in support of any motion
they
file to exclude Amazon's expert is April 30, 2025.
Furthermore: In De Coster, the Court directs the Clerk to renote
(1) Plaintiffs' Motion for Class Certification, Case No. 21-693,
for Feb. 24, 2025; and
(2) Amazon's Motion to Exclude, Case No. 21-693, for April 2,
2025.
Finally, the Court strikes the Dec. 13, 2024 hearing. The Court is
unavailable on Jan. 14 and 15, 2025. Therefore, on Jan. 24, 2025,
at 9:00 a.m., at a conference room at the United States Courthouse,
counsel for the parties shall meet and confer to resolve
Plaintiffs' pending motions to compel.
Counsel shall contact the Courtroom Deputy via email, at
ashleigh_drecktrah@wawd.uscourts.gov, for the location of the
conference room.
If the parties are unable to resolve the Motions by 10:00 a.m. that
day, then the Court will proceed with oral argument on the motions.
Oral argument will take place in courtroom 14106. Counsel shall
immediately notify the Court if the motions are resolved prior to
the hearing scheduled above.
Amazon.com is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TAYz3b at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
- and -
Zina G. Bash, Esq.
Jessica Beringer, Esq.
Shane Kelly, Esq.
Roseann Romano, Esq.
Alex Dravillas, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: zina.bash@kellerpostman.com
Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
roseann.romano@kellerpostman.com
ajd@kellerpostman.com
- and -
Alicia Cobb, Esq.
Steig D. Olson, Esq.
David D. LeRay, Esq.
Nic V. Siebert, Esq.
Maxwell P. Deabler-Meadows, Esq.
Adam B. Wolfson, Esq.
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
1109 First Avenue, Suite 210
Seattle, WA 98101
Telephone: (206) 905-7000
E-mail: aliciacobb@quinnemanuel.com
steigolson@quinnemanuel.com
davidleray@quinnemanuel.com
nicolassiebert@quinnemanuel.com
maxmeadows@quinnemanuel.com
adamwolfson@quinnemanuel.com
The Defendant is represented by:
John A. Goldmark, Esq.
MaryAnn Almeida, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: (206) 622-3150
Facsimile: (206) 757-7700
E-mail: SteveRummage@dwt.com
JohnGoldmark@dwt.com
MaryAnnAlmeida@dwt.com
- and -
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Amy J. Mauser, Esq.
Martha L. Goodman, Esq.
Kyle Smith, Esq.
Meredith Dearborn, Esq.
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
2001 K Street, NW
Washington, DC 20006-1047
Telephone: (202) 223-7300
Facsimile: (202) 223-7420
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
amauser@paulweiss.com
ksmith@paulweiss.com
mdearborn@paulweiss.com
mgoodman@paulweiss.com
AMAZON.COM INC: Must Produce Collective Member List by Jan. 15
--------------------------------------------------------------
In the class action lawsuit captioned as BERNADEAN RITTMANN et al.,
v. AMAZON.COM, INC. and AMAZON LOGISTICS, INC., Case No.
2:16-cv-01554-JCC (W.D. Wash.), the Hon. Judge John Coughenour
entered an order as follows:
1. The deadline for Defendants to produce to Plaintiffs the list
of
collective members outlined in the Court's December 2 order
is
extended by 30 days, to Jan. 15, 2025.
2. Pursuant to the Court's December 2 order, the Parties will
meet
and confer within 60 days of that date to determine the
content
of the FLSA notice and select an administrator, and they will
provide the Court with the proposed notice.
3. Plaintiffs' motion for class certification, and Defendants'
renewed motion to compel arbitration, shall be due on the
later
of 45 days after the Court has resolved Defendants’ motion
to
certify for interlocutory appeal, or 45 days after the final
disposition of any resulting appellate proceedings.
Amazon is an online retailer and technology provider.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SLXALY at no extra
charge.[CC]
The Plaintiffs are represented by:
Shannon Liss-Riordan, Esq.
Harold L. Lichten, Esq.
Jeremy Abay, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: sliss@llrlaw.com
hlichten@llrlaw.com
jabay@llrlaw.com
- and -
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS LLP
705 Second Avenue, Suite 1200
Seattle, WA 98104
Telephone: (206) 682-6711
E-mail: msubit@frankfreed.com
The Defendants are represented by:
Jason C. Schwartz, Esq.
Lucas C. Townsend, Esq.
Dhananjay S. Manthripragada, Esq.
Megan Cooney, Esq.
GIBSON, DUNN & CRUTCHER LLP
1700 M Street, N.W.
Washington, DC 20036-4504
Telephone: (202) 955-8500
E-mail: schwartz@gibsondunn.com
ltownsend@gibsondunn.com
dmanthripragada@gibsondunn.com
mcooney@gibsondunn.com
- and -
Andrew DeCarlow, Esq.
Richard G. Rosenblatt, Esq.
James P. Walsh, Jr., Esq.
Sarah Zenewicz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1301 Second Avenue, Suite 3000
Seattle, WA 98101
Telephone: (206) 274-0154
E-mail: andrew.decarlow@morganlewis.com
richard.rosenblatt@morganlewis.com
james.walsh@morganlewis.com
sarah.zenewicz@morganlewis.com
AMERICAN BANKERS: Bid to Deny Class Certification in Dahl Tossed
----------------------------------------------------------------
In the class action lawsuit captioned as Brendan Dahl, v. American
Bankers Insurance Company of Florida, Case No. 3:23-cv-08584-DLR
(D. Ariz.), the Hon. Judge Douglas Rayes entered an order denying
American Bankers' motion to deny class certification.
Discovery is necessary to help the Court determine the propriety of
a class action in this case. Therefore, it would be inappropriate
to grant American Bankers's preemptive motion to deny class
certification.
The Court acknowledges that Arizona (and some other states where
putative class members reside) have strong policies in favor of
alternative dispute resolution, and ambiguities should be resolved
in favor of appraisal.
But that policy does not warrant a finding from this Court that all
putative class members are barred from suit until they submit their
claims for appraisal, particularly when the identities of these
class members and the substance of their claims are yet uncertain.
This dispute arises from actual cash value ("ACV") payments
American Bankers, an insurer, made to Plaintiff Brendan Dahl, an
insured, and a putative class of similarly situated insureds to
compensate for losses to property covered by their policies. Dahl
alleges that American Bankers calculated its ACV payments to him
and the putative class members using a "replacement cost less
depreciation" ("RCLD") methodology.
American Bankers provides specialty credit-related insurance
products.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dDyFUm at no extra
charge.[CC]
AMERICAN TAX: Mott Seeks Leave to Conduct Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as William Mott, on behalf of
himself and all others similarly situated, v. American Tax Service,
LLC, Case No. 2:24-cv-00275-SCJ (N.D. Ga.), the Plaintiff asks the
Court to enter an order granting motion for leave to conduct class
certification and damages related discovery against the Defendant
for its violations of the Telephone Consumer Protection Act
("TCPA").
American Tax is a national Tax resolution, tax planning and tax
services company.
A copy of the Plaintiff's motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=adYyja at no extra
charge.[CC]
The Plaintiff is represented by:
John A. Love, Esq.
LOVE CONSUMER LAW
2500 Northwinds Parkway, Suite 330
Alpharetta, GA 30009
Telephone: (404) 855-3600
E-mail: tlove@loveconsumerlaw.com
ARCHER DANIELS: Court Moots All Pending Bids in AOT Suit
--------------------------------------------------------
In the class action lawsuit captioned as AOT HOLDING AG,
individually and on behalf of all others similarly situated, v.
ARCHER DANIELS MIDLAND CO., Case No. 2:19-cv-02240-CSB-EIL (C.D.
Ill.), the Hon. Judge Colin Bruce entered an order directing the
clerk to moot all currently pending motions.
-- ADM's motion to exclude Ledgerwood will be due 30 days from the
filing of the transcript of the Dec. 6, 2024, evidentiary
hearing.
-- The Plaintiff's response will be due 30 days after ADM files
its
motion, and ADM's reply will be due 14 days after the filing of
the response.
-- The court will set briefing schedules for renewed motions to
certify class and summary judgment after it rules on the motion
to
exclude Ledgerwood.
On Dec. 6, 2024, the court held a evidentiary hearing concerning
the First Neutral Expert Report and Second Neutral Expert Report of
the court's appointed neutral expert, Prof. Jeffrey M. Wooldridge.
Archer-Daniels-Midland Company is an American multinational food
processing and commodities trading corporation.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=1uv9j9 at no extra
charge.[CC]
ARMADURA: Discovery in Schwartz Suit Due Sept. 12, 2025
-------------------------------------------------------
In the class action lawsuit captioned as MICHAEL SCHWARTZ, on
behalf of himself and others similarly situated, v. ARMADURA D/B/A
FEDERAL TAX LAW GROUP INC., Case No. 1:24-cv-00405-MWM (S.D. Ohio),
the Hon. Judge Matthew McFarland entered a scheduling order as
follows:
1. Deadline to exchange initial disclosures: Jan. 17, 2025
2. Deadline to submit protective order: Feb. 25, 2025
3. Deadline for motion to amend pleadings/add parties: March 31,
2025.
4. Deadline to make settlement demand: March 31, 2025.
5. Deadline for motions related to pleadings: April 28, 2025.
6. Deadline for response to settlement demand: April 28, 2025.
7. Disclosure of non-expert (fact) witnesses: June 24, 2025.
8. Deadlines for disclosure of expert witnesses and submission
of
expert reports:
Plaintiff's expert report(s): June 24, 2025
Defendant's expert report(s): June 24, 2025
Disclosure and report of rebuttal experts: July 22, 2025
9. Class Certification Briefing Schedule:
Plaintiff's Brief: June 24, 2025
Response: July 22, 2025
10. Discovery deadline: Sept. 12, 2025
11. Dispositive motions deadline: Sept. 26, 2025.
Federal Tax Law offers tax relief services, including preparation,
consultation, and IRS/state dispute resolution.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WZJQsU at no extra
charge.[CC]
AUTODESK INC: Faces Securities Suit Over SEC Disclosures
--------------------------------------------------------
Autodesk, Inc. disclosed in its Form 10-Q for the quarterly period
ended October 31, 2024, filed with the Securities and Exchange
Commission on December 3, 2024, that on April 24, 2024, plaintiff
Michael Barkasi filed a purported federal securities class action
complaint in the Northern District of California against the
company, its Chief Executive Officer, Andrew Anagnost and former
Chief Financial Officer, Deborah L. Clifford.
The complaint, which was filed shortly after the company's
announcement of the Audit Committee of the Board of Directors'
internal investigation regarding the company's free cash flow and
non-GAAP operating margin practices, generally alleges that the
defendants made false and misleading statements in violation of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934,
and Rule 10b-5 promulgated thereunder.
The action purports to be brought on behalf of those who purchased
or otherwise acquired the company's publicly traded securities
between June 1, 2023 and April 16, 2024, and seeks unspecified
damages and other relief. On July 10, 2024, the court appointed a
lead plaintiff in the action, and an amended complaint was due last
September 16, 2024. On July 10, 2024, the court appointed a lead
plaintiff in the action, and an amended complaint was filed on
September 16, 2024. The action purports to be brought on behalf of
those who purchased or otherwise acquired the company's securities
between February 23, 2023 and April 16, 2024, and seeks unspecified
damages and other relief. On November 25, 2024, defendants filed a
motion to dismiss the complaint.
Autodesk is a technology/software company based out of San
Francisco, California.
AUTOVEST LLC: Rouzer Seeks Initial Approval of Class Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as SHANTEL ROUZER,
individually and on behalf of all others similarly situated, v.
AUTOVEST, LLC, Case No. 1:22-cv-00537-EA (D. Md.), the Plaintiff
asks the Court to enter an order:
-- preliminarily approving a class settlement,
-- appointing Plaintiff(s) as class representatives and their
counsel
as class counsel,
-- certifying a settlement class, and
-- setting a final approval hearing and provide for notice, and in
support thereof offer the attached memorandum in support.
Autovest is a debt collection agency.
A copy of the Plaintiff's motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WXWc64 at no extra
charge.[CC]
The Plaintiff is represented by:
Emanwel J. Turnbull, Esq.
Peter A. Holland, Esq.
THE HOLLAND LAW FIRM, P.C.
914 Bay Ridge Rd, Ste 230
Annapolis, MD 21401
Telephone: (410) 280-6133
Facsimile: (410) 280-8650
E-mail: eturnbull@hollandlawfirm.com
peter@hollandlawfirm.com
BANK OF NEW YORK MELLON: Must File Class Cert Response by Dec. 23
-----------------------------------------------------------------
In the class action lawsuit captioned as SERGIO MOGOLLON and
COLLEEN LOWE, individually and on behalf of others similarly
situated, v. THE BANK OF NEW YORK MELLON, Case No.
3:19-cv-03070-N-BV (N.D. Tex.), the Hon. Judge David Godbey entered
an order on joint motion to amend scheduling order regarding class
certification deadlines:
-- BNY must serve on Plaintiffs (but NOT file with the Court) its
response to Plaintiffs' motion for class certification,
including
all supporting evidence and supporting brief, no later than
Dec.
23, 2024.
-- The Plaintiffs must serve on BNY (but NOT file with the Court)
their reply to BNY's response, including rebuttal evidence, if
any, and supporting brief, no later than Jan. 30, 2025.
-- The Court will consider class certification on written
submission
on Feb. 6, 2025 (the "Submission Date").
Bank of New York Mellon is an American international financial
services company headquartered in New York City.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NQHnqa at no extra
charge.[CC]
BOZZUTO'S INC: Summary Judgment Filing Extended to Jan. 20, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Loiseau v. Bozzuto's Inc.,
Case No. 3:22-cv-01485 (D. Conn., Filed Nov. 21, 2022), the Hon.
Judge Janet C. Hall entered an order granting in part the motion
for extension of time to conduct discovery and file motion for
summary judgment.
-- The court does not view the grounds -- a party replacing
counsel
without a legal cause ( e.g., recently discovered conflict) but
rather because it chose to -- a good cause for an extension.
-- This case is already old. The deposition scheduled for Dec. 18,
2024 will proceed on that date.
-- The court grants the Motion in part because it wishes to
address
the Motion for Class Certification before summary judgment
motions
are filed. The discovery deadline is not extended.
-- The deadline for filing summary judgment motions is extended to
Jan. 20, 2025.
-- To the extent plaintiffs assert defendant Bozzuto has been
dilatory and failed to produce discovery, plaintiffs should
seek
sanctions or other remedies which the court will refer to the
Magistrate Judge.
The nature of suit states Job Discrimination (Employment).
Bozzuto's is a total service wholesale distributor of food and
household products to retailers in New England, New York, and New
Jersey.[CC].
CAPITOL FEDERAL: Dismissal of Harding Suit Under Appeal
-------------------------------------------------------
Capitol Federal Financial, Inc. disclosed in its Form 10-K for the
fiscal year ended September 30, 2024, filed with the Securities and
Exchange Commission on November 27, 2023, that on April 5, 2023,
the Third Judicial District Court, Shawnee County, Kansas granted
the bank's motion to dismiss a putative class action lawsuit,
captioned "Jennifer Harding, et al. v. Capitol Federal Savings
Bank," Case No. 2022-CV-00598, with prejudice.
The plaintiff has appealed this decision. The plaintiffs appealed
this decision to the Kansas Court of Appeals, which issued an
opinion on October 4, 2024 reversing the district court's ruling.
In response, the Capitol Federal Financial filed a petition for
review with the Kansas Supreme Court on November 1, 2024. The
review is currently pending.
On November 2, 2022, Harding alleged that the Bank improperly
charged overdraft fees on debit card transactions that were
authorized for payment on sufficient funds but later settled
against a negative account balance and merchant re-presentments of
previously rejected payment requests. The complaint asserts a
breach of contract claim (including breach of an implied covenant
of good faith and fair dealing) for each practice and seeks
restitution for alleged improper fees, alleged actual damages,
costs and disbursements, and injunction relief.
Capitol Federal Financial, Inc. is a federally chartered savings
institution based in Topeka, Kansas.
CEDAR FAIR: Walker Seeks Leave to File Third Amended Complaint
--------------------------------------------------------------
In the class action lawsuit captioned as MONEVA WALKER, et al., v.
CEDAR FAIR, L.P., and CEDAR FAIR MANAGEMENT, INC., Case No.
3:20-cv-02176-JGC (N.D. Ohio), the Plaintiff asks the Court to
enter an order:
(1) Granting Plaintiffs leave to file the Third Amended
Complaint,
which adds class representatives, updates the class
definitions
to comport to this Court's class certification order, and
removes outdated claims and allegations;
(2) Modifying the certified Equitable Claims Class to include
in-
person purchasers.
(3) Approving the following persons as class and subclass
representatives:
Class Subclass Representative
OSCPA Regular Summer/Season Pass Jessica Hunt
Tracy Miller
OSCPA Gold Season Pass Mandi Stewart Chante
Hammond
Richard Davis
Isaac Conard
Eric
Contreras
Equitable Regular Summer/Season Pass Jessica Hunt
Claims Tracy Miller
The proposed amended class definition, for the Equitable Claims
Class, is as follows:
-- Equitable Claims Class
This class asserts unjust enrichment and money had and received
claims on behalf of passholders to parks that never opened in
2020.
These parks are California's Great America, Canada's
Wonderland,
and Valleyfair. The claims allege that it was unjust for Cedar
Fair to take the money that passholders paid for 2020 passes
but
provide no bargained-for consideration in return. Plaintiffs in
this class, where parks were completely closed, would be
entitled
to a full refund.
The Equitable Claims sub-classes are: (a) Summer/Season Pass
holders to California’s Great America, Canada’s Wonderland,
or
Valleyfair park, with or without any add-ons; and (b) Gold Pass
holders to California’s Great America, Canada’s Wonderland,
or
Valleyfair park, with or without any add-ons. Platinum pass
purchasers are excluded from this class.
Cedar Fair provides entertainment facilities.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Gwvdp4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Nicole T. Fiorelli, Esq.
DWORKEN & BERNSTEIN CO., L.P.A.
60 South Park Place
Painesville, OH 44077
Telephone: (440) 352-3391
Facsimile: (440) 352-3469
E-mail: nfiorelli@dworkenlaw.com
- and -
Jonas Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
E-mail: jonas@dovel.com
simon@dovel.com
- and -
Richard M. Kerger, Esq.
Kimberly A. Conklin, Esq.
THE KERGER LAW FIRM, LLC
4159 N. Holland-Sylvania Rd. Suite 101
Toledo, OH 43623
Telephone: (419) 255-5990
Facsimile: (419) 255-5997
E-mail: rkerger@kergerlaw.com
kconklin@kergerlaw.com
CENTRAL GARDEN: Must File Opposition in Brand Suit by Jan. 15, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as AARON BRAND and JOHN
FLODIN, individually and on behalf of all others similarly
situated, v. CENTRAL GARDEN & PET COMPANY, a Delaware Corporation,
BREEDER'S CHOICE PET FOODS, INC., and DOES 1–50, inclusive, Case
No. 4:21-cv-01631-JST (N.D. Cal.), the Parties ask the Court to
enter an order that:
-- Defendants' deadline to file any opposition to the Motion be
extended to Jan. 15, 2025, and
-- Plaintiffs' deadline to file any reply in support of the Motion
be
extended to Jan. 29, 2025.
Pursuant to Northern District of California Local Rules 6-2 and
7-12, Defendants Central Garden & Pet Company and Breeder’s
Choice Pet Foods, Inc., and Plaintiffs John Flodin and Aaron Brand,
individually and on behalf of all others similarly situated, by and
through their undersigned counsel, stipulate to extend the time for
the parties to complete briefing on Plaintiffs' Motion for Leave to
File a Renewed Motion for Class Certification.
Central Garden manufactures and distributes branded and private
label products.
A copy of the Parties' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Rc8Ql8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Dave Fox, Esq.
Joanna Fox, Esq.
Courtney Vasquez, Esq.
FOX LAW, APC
201 Lomas Santa Fe Dr., Suite 420
Solana Beach, CA 92075
Telephone: (858) 256-7616
Facsimile: (858) 256-7618
E-mail: dave@foxlawapc.com
joanna@foxlawapc.com
courtney@foxlawapc.com
The Defendants are represented by:
Ronald Y. Rothstein, Esq.
Sean Suber, Esq.
Shawn R. Obi, Esq.
WINSTON & STRAWN LLP
35 West Wacker Drive
Chicago, IL 60601-9703
Telephone: (312) 558-5600
Facsimile: (312) 558-5700
E-mail: RRothste@winston.com
SSuber@winston.com
SObi@winston.com
CIRCLE K: Abboud Suit Seeks to Certify Class & Subclass
-------------------------------------------------------
In the class action lawsuit captioned as Monica Abboud,
individually and on behalf of a class of persons and entities
similarly situated, v. Circle K Stores Inc., Case No.
2:23-cv-01683-DWL (D. Ariz.), the Plaintiff asks the Court to enter
an order certifying the following class ("Class") and subclass
("Subclass"), appoint her as representative for the Class and
Subclass, and appoint Greenwald Davidson Radbil PLLC and Paronich
Law, P.C. as counsel for the Class and Subclass:
Class:
"All persons throughout the United States (1) to whom Circle K
Stores Inc. delivered, or directed to be delivered, more than
one
text message within a 12-month period, which read, in part,
either
Circle K: Reply 'YES' to Sign Up to receive special offers via
txt
message" or "Circle K: Reply 'YES' to get offers via txt", (2)
where the person's residential telephone number had been
registered with the National Do Not Call Registry for at least
30
days before Circle K Stores, Inc. delivered or directed to be
delivered at least two of the text messages within the 12-month
period, (3) from June 6, 2020 through the date of class
certification."
Subclass:
"All persons throughout the United States (1) who did not
provide
their telephone number to Circle K Stores Inc., (2) to whom
Circle
K Stores Inc. delivered, or directed to be delivered, more than
one text message within a 12- month period, which read, in
part,
either "Circle K: Reply 'YES' to Sign Up to receive special
offers
via txt message" or "Circle K: Reply 'YES' to get offers via
txt",
(3) where the person's residential telephone number had been
registered with the National Do Not Call Registry for at least
30
days before Circle K Stores, Inc. delivered or directed to be
delivered at least two of the text messages within the 12-month
period, (4) from June 6, 2020 through the date of class
certification."
To obtain the promotion advertised on the Lift screen, the customer
is required to enter a phone number on the Lift screen. Once a
telephone number is entered, the promotion on the Lift screen is
applied to the transaction, and the in-store transaction is
completed. But of the utmost significance, Circle K does not ask
for, and therefore does not know, the identity of any given
customer who enters a telephone number into the Lift system.
Likewise, Circle K does not know whether the telephone number that
the customer entered into the Lift system actually belongs to that
customer.
Ms. Abboud and the members of the Class and Subclass were each
harmed in the same way by Circle K's common practice of delivering
telephone solicitations via text message to persons whose telephone
numbers were on the DNC Registry.
Circle K is a retail chain in the business of selling fuel and
convenience store items.
A copy of the Plaintiff's motion dated Dec. 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WXWTor at no extra
charge.[CC]
The Plaintiff is represented by:
James L. Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Road, Suite 500
Boca Raton, FL 33431
Telephone: (561) 826-5477
E-mail: jdavidson@gdrlawfirm.com
- and -
Nathan Brown, Esq.
BROWN PATENT LAW
15100 N 78th Way, Suite 203
Scottsdale, AZ 85260
Telephone: (602) 529-3474
E-mail: Nathan.Brown@BrownPatentLaw.com
- and -
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
COMPASS MINERALS: John Valentine Appointed as Lead Plaintiff
------------------------------------------------------------
In the class action lawsuit captioned as JOHN VALENTINE,
individually, and on behalf of all others similarly situated, v.
COMPASS MINERALS INTERNATIONAL, INC., et al., Case No.
2:24-cv-02165-EFM-ADM (D. Kan.), the Hon. Judge Eric Melgren
entered an order granting the motion of John Valentine to appoint
Lead Plaintiff and approving Lead Plaintiff's selection of
counsel.
Because Valentine satisfies the three elements of the Private
Securities Litigation Reform Act's ("PSLRA's")'s most-adequate
plaintiff test, the Court presumes that Valentine is the most
adequate plaintiff.
This presumption may only be rebutted through evidence presented by
a member of the purported plaintiff class.11 Valentine remains the
most adequate plaintiff because no purported class member has
presented evidence in rebuttal, and thus, the Court appoints him as
the lead plaintiff.
Finally, under the PSLRA, the lead plaintiff may select lead
counsel, subject to the court's approval. Lead Plaintiff Valentine
seeks to have The Rosen Law Firm, P.A. serve as lead counsel. The
Court has reviewed the firm's curriculum vitae and finds that the
firm has the requisite knowledge, skill, and experience to serve as
lead counsel. Accordingly, the Court approves Lead Plaintiff
Valentine's selection of lead counsel.
The Plaintiff John Valentine brings this putative class action
under the PSLRA against Defendants Compass Minerals International,
Inc., Kevin S. Crutchfield, Edward C. Dowling, Jr., Lorin Crenshaw,
and Jenny Hood. He alleges the Defendants violated sections of the
Securities Exchange Act of 1934 and rules promulgated thereunder
Compass is a publicly traded company, with one aspect of its
business devoted to developing fire retardants.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2OZLI2 at no extra
charge.[CC]
CONTINENTAL RESOURCES: Class Cert Bid Filing Extended to May 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Gilbert Blevins, Jr., et
al., on behalf of themselves and all others similarly situated, v.
Continental Resources, Inc., Case No. 6:22-cv-00160-RAW-DES (E.D.
Okla.), the Parties ask the Court to enter an order extending the
class certification scheduling order:
Event Current Proposed
Deadline Deadline
Documents previously produced by Dec. 16, 2024 April 15,
2025
parties shall be deemed
authenticated except as to those
objected to:
Class Certification Motion filed Jan. 16, 2025 May 16, 2025
with all supporting evidence,
including expert disclosures
Class Certification Response Mar. 17, 2025 July 15,
2025
filed with all supporting
evidence, including expert
disclosures:
Class Certification Reply filed Apr. 18, 2025 Aug. 18,
2025
with any rebuttal evidence,
including rebuttal expert
disclosures, if any:
Class Certification Discovery Apr. 18, 2025 Aug. 18,
2025
Cutoff:
Class Certification Hearing TBD TBD
(specific date to be set by Court):
On April 5, 2024, the Court entered the current scheduling order,
following the Parties' joint motion to extend the class
certification schedule.
Continental is a petroleum and natural gas exploration and
production company.
A copy of the Parties' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=2cZ7s8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON PLLC
431 W. Main Street, Suite D
Oklahoma City, OK 73102
Telephone: (405) 698-2770
E-mail: reagan@bradwil.com
ryan@bradwil.com
- and -
Charles V. Knutter, Esq.
CHUCK KNUTTER, PLLC
300 N.E. 1st Street
Oklahoma City, OK 73104
Telephone: (405) 236-0478
Facsimile: (405) 236-1840
E-mail: chuck.knutter@outlook.com
The Defendant is represented by:
Jeffrey C. King, Esq.
Elizabeth L. Tiblets, Esq.
K&L GATES LLP
301 Commerce Street, Suite 3000
Fort Worth, TX 76102
Telephone: (817) 347-5270
Facsimile: (817) 347-5299
E-mail: jeffrey.c.king@klgates.com
elizabeth.tiblets@klgates.com
- and -
Joe M. Hampton, Esq.
TOMLINSON MCKINSTRY, P.C.
Two Leadership Square, Suite 450
211 North Robinson
Oklahoma City, OK 73102
Telephone: (405) 702-4346
Facsimile: (833) 657-0184
E-mail: joeh@TMoklaw.com
CRAYOLA LLC: Website Inaccessible to the Blind, Dalton Alleges
--------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Crayola, LLC, Case No. 0:24-cv-04441-DSD-ECW (D. Minn.,
Dec. 9, 2024) contends that Defendant's Website (www.crayola.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 and
its implementing regulations as well as asserts a companion cause
of action under the Minnesota Human Rights Act.
As a consequence of her experience visiting Defendant's Website,
including in the past year, and from an investigation performed on
her behalf, the Plaintiff found the Defendant's Website has a
number of digital barriers that deny screen-reader users like the
Plaintiff full and equal access to important Website content –
content the Defendant makes available to its sighted Website users,
the suit says.
The Plaintiff seeks a permanent injunction requiring a change in
the Defendant's corporate policies to cause its online store to
become, and remain, accessible to individuals with visual
disabilities; a civil penalty payable to the state of Minnesota
pursuant to Minn. Stat. 363A.33, Subd. 6 and Minn. Stat. section
363A.29, subd. 4 (2023); damages, and a damage multiplier pursuant
to Minn. Stat. section 363A.33, subd. 6 (2023), and Minn. Stat.
section 363A.29, subd. 4 (2023).
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers DIY craft, coloring, and accessories for sale
including toys, activities, coloring books, modeling compounds,
paints, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CREDIT SUISSE: Diabat Seeks to Certify Class Action
---------------------------------------------------
In the class action lawsuit captioned as ALI DIABAT, Individually
and On Behalf of All Others Similarly Situated, v. CREDIT SUISSE
GROUP AG, et al., Case No. 1:23-cv-05874-CM (S.D.N.Y.), the
Plaintiff moves the Court, for an order pursuant to Fed. R. Civ. P.
23:
(1) certifying this action pursuant to Rule 23 as a class
action;
(2) appointing Prof. Diabat as Class Representative;
(3) appointing Kahn Swick & Foti, LLC as Class Counsel; and
(4) granting such other and further relief as the Court may deem
just and proper.
Credit Suisse is a global investment bank and financial services
firm.
A copy of the Plaintiff's motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=MVCfmK at no extra
charge.[CC]
The Plaintiff is represented by:
Kim E. Miller, Esq.
J. Ryan Lopatka, Esq.
Lewis S. Kahn, Esq.
Craig Geraci, Esq.
Matthew P. Woodard, Esq.
KAHN SWICK & FOTI, LLC
250 Park Avenue, 7th Floor
New York, NY 10177
Telephone: (212) 696-3730
Facsimile: (504) 455-1498
E-mail: kim.miller@ksfcounsel.com
j.lopatka@ksfcounsel.com
lewis.kahn@ksfcounsel.com
craig.geraci@ksfcounsel.com
matthew.woodard@ksfcounsel.com
DENCO CONSTRUCTION: Seeks More Time to File Class Cert Response
---------------------------------------------------------------
In the class action lawsuit captioned as WILMAR PEREZ, et al., v.
DENCO CONSTRUCTION, LLC, and BRUCE RAHMANI, individually, Case No.
1:24-cv-02766-NRN (D. Colo.), the Defendants ask the Court to enter
an order granting an extension of time, up to and including Jan.
27, 2025, for the Defendants to respond to Plaintiff's motion for
conditional certification and to facilitate notice of collective
action pursuant to Section 216(b) of the Fair Labor Standards Act
(FLSA).
1. Pursuant to D.C.Colo.LCivR 7.1(a), counsel for the Defendant
conferred with counsel for Plaintiff regarding this Motion
and
the requested 45-day extension of time.
2. On Nov. 20, 2024, the Plaintiff filed the Motion for
Conditional
Certification and to Facilitate Notice of Collective Action
Pursuant to Section 216(b) of the Fair Labor Standards Act.
Any response is due no later than Dec. 11, 2024.
Denco is a full service general contracting firm specializing in
the underground sector.
A copy of the Defendants' motion dated Dec. 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qk2DC0 at no extra
charge.[CC]
The Defendants are represented by:
Hillary R. Ross, Esq.
Micah D. Dawson, Esq.
FISHER & PHILLIPS, LLP
1125 17th Street, Suite 2400
Denver, CO 80202
Telephone: (303) 218-3650
Facsimile: (303) 218-3651
E-mail: hross@fisherphillips.com
mdawson@fisherphillips.com
DEUTSCH IMPORTS: Faces Collinson Suit Over Defective Glass Tiles
----------------------------------------------------------------
ADAM COLLINSON and KATHIE COLLINSON, individually and on behalf of
all others similarly situated v. DEUTSCH IMPORTS, LLC d/b/a GLAZZIO
TILES, and NATIONAL WHOLESALE TRADES, LLC d/b/a PROSOURCE
WHOLESALE, Case No. 2024LA001447 (Ill. Cir., Dec. 9, 2024) alleges
that the Defendants manufactured, advertised, marketed,
distributed, and sold defective glass tiles that fail within days
after they are installed with cement-based mortar.
On Nov. 30, 2021, the Plaintiffs ordered 160 square feet of a style
of the Products called VIC 1912 Wilde Haze, part of the Victorian
Icon Collection, at a cost of $3,814.52 from Prosource's location
in Naperville, Illinois.
The Plaintiffs were falsely informed by Prosource's agents and
employees that the Products were made in Italy, when they were
actually made in China. There were no markings on the Products'
boxes indicating the country of origin. In conversations with
Prosource representatives, Plaintiffs were informed that the VIC
1912 Wilde Haze Victorian Icon Collection would be suitable tiles
for installation in their shower for their bathroom renovation, the
suit contends.
Within days of completion of the installation, the Plaintiffs
noticed that the tiles installed using the cement-based mortar
began to display discoloration, due to separation of the
decorative backing visible through the glass tile, and the backing
itself was deteriorating. The Plaintiffs notified Defendants
immediately after discovering the issue on July 6, 2022. Despite
knowing that the Products exhibited the defect, Glazzio incorrectly
and deceptively cast blame on the installation, denied that the
Products were defective, and refused to cover the costs of
replacement, the Plaintiff avers.
As a result of the defective Products, the Plaintiffs need to
replace all of the wall tile in their bathroom, which will require
significant renovations, including substantial costs in materials
and labor. The Plaintiffs also suffered losses as a result of the
initial delivery and installation costs that were wasted, including
shipping costs to receive the Products.
The Products are rendered worthless as a result of the
discoloration, unsightly appearance, deterioration, and also impose
additional costs and damages on Plaintiffs and Class members who
are required to remove the tiles shortly after installation and
replace them and other materials, the suit asserts.
The Plaintiffs are each citizens of Illinois. The Plaintiffs are
married and reside in North Aurora, Illinois.
Glazzio is a manufacturer of tiles.[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
DICKINSON COLLEGE: Class Cert. Bid Filing Due June 30, 2025
-----------------------------------------------------------
In the class action lawsuit captioned as AVERY JUREK v. DICKINSON
COLLEGE, Case No. 1:24-cv-00408-JKM (M.D. Pa.), the Hon. Judge
Julia Munley entered a case management order as follows:
-- Amended Pleadings: Jan. 3, 2025
-- Discovery Due: June 16, 2025
-- Plaintiff Expert Reports: June 16, 2025
-- Joinder of Parties: Jan. 3, 2025
-- Dispositive motions: June 30, 2025
-- Class Certification motions: June 30, 2025
-- Defendant Expert Reports: July 14, 2025
Counsel are directed not to file written discovery motions. In the
event of a discovery dispute, counsel shall notify Case
Administrator, Sylvia Murphy, who shall schedule a telephonic
discovery conference.
Dickinson is a private liberal arts college in Carlisle,
Pennsylvania.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2Mm4Y8 at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
LYNCH CARPENTER
1133 Penn Ave.
Pittsburgh, PA 15222
Telephone: (412) 322-9243
The Defendant is represented by:
Michael Leahey, Esq.
TUCKER ARENSBERG
One PPG Place, Suite 1500
Pittsburgh, PA 15222
DIRECT HEALTH: Weingrad Balks at Unsolicited Telemarketing Calls
----------------------------------------------------------------
LEON WEINGRAD, individually and on behalf of all others similarly
situated, Plaintiff v. DIRECT HEALTH SOLUTIONS INSURANCE AGENCY,
LLC, Defendant, Case No. 0:24-cv-62282 (S.D. Fla., December 3,
2024) is a class action brought by the Plaintiff, individually and
as class representative for all others similarly situated, against
Defendant for violations of the Telephone Consumer Protection Act
for making telemarketing calls to numbers on the National Do Not
Call Registry, including his own.
The Plaintiff sues on behalf of a proposed nationwide class of
other persons who received similar calls because these calls were
transmitted using technology capable of generating thousands of
similar calls per day.
Plaintiff Weingrad also alleges that Defendant used automated
systems to make telemarketing calls from and into Florida, and that
by doing so, the Defendant has violated the provisions of the
Florida Telephone Solicitations Act.
Direct Health Solutions Insurance Agency LLC is a Coral Springs,
Florida-based health insurance agency.[BN]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
DISTRICT OF COLUMBIA: Suit Remains Stayed Until Status Hearing
--------------------------------------------------------------
In the class action lawsuit captioned as C., et al., v. DISTRICT OF
COLUMBIA, Case No. 1:23-cv-01139 (D.D.C., Filed April 24, 2023),
the Hon. Judge Colleen Kollar-Kotelly entered an order that the
parties appear for a status hearing on Jan. 9, 2025, via Zoom to
discuss the parties' positions.
-- The Court further entered an order that the entire case remain
stayed until that hearing.
-- Neither party addresses the stay on briefing on the motion for
class certification.
-- And both parties request that the Court schedule a Rule 26(f)
conference.
The Court cannot discern how the parties intend to proceed from the
Joint Status Report.
The nature of suit states Prisoner Civil Rights.[CC]
DITSCH USA: Smith Files Suit Over Unpaid Wages
----------------------------------------------
DOROTHY SMITH, individually and on behalf of all those similarly
situated, Plaintiff v. DITSCH USA, LLC, Defendant, Case No.
1:24-cv-00692-MWM (S.D. Ohio, December 3, 2024) arises from the
Defendant's alleged unlawful labor practices in violation of the
Fair Labor Standards Act, Title 29 of the Code of Federal
Regulations, and the Ohio Minimum Fair Wage Standards Act.
The complaint asserts that Defendant has consistently failed to pay
Plaintiff for all hours worked, including short rest breaks taken
during the workday, and has failed to pay overtime for hours worked
in excess of 40 hours per workweek.
The Plaintiff has been employed by Defendant as a production
associate since May 25, 2024.
Ditsch USA, LLC is a manufacturer of pretzels for food service and
retail markets.[BN]
The Plaintiff is represented by:
Robb S. Stokar, Esq.
STOKAR LAW, LLC
9200 Montgomery Road
Building E - Unit 18B
Cincinnati, OH 45242
Telephone: (513) 500-8511
E-mail: rss@stokarlaw.com
DOT TRANSPORTATION: Watson Seeks to Certify Class & Subclasses
--------------------------------------------------------------
In the class action lawsuit captioned as JOSHUA WATSON and ROBERT
MARK-WATERHOUSE, individuals, and on behalf of others similarly
situated, v. DOT TRANSPORTATION, INC., a Delaware Corporation; DOT
FOODS, INC., an Illinois Corporation; and DOES 1 through 50,
Inclusive, Case No. 2:21-cv-01303-DC-AC (E.D. Cal.), the
Plaintiffs, on March 21, 2025, will move the Court for an order
certifying the following Class and Subclasses:
-- Class:
"All individuals who have worked for Defendants Dot
Transportation, Inc. and/or Dot Foods, Inc. (collectively,
"DOT")
as a California-based truck driver at any time from June 15,
2017
(four years from the filing of the original Complaint) to the
date
established by the Court for notice of the certification of the
Class (the "Class Period")."
-- Pre Hourly Pay Subclass:
"All individuals who have worked for DOT as a California-based
truck driver at any time from June 15, 2017 to Feb. 7, 2018."
-- Post Hourly Pay Subclass:
"All individuals who have worked for DOT as a California-based
truck driver at any time from Feb. 8, 2018 to the date
established
by the Court for notice of the certification of the Class."
-- Layover Subclass:
"All individuals who have worked for DOT as a California-based
truck driver at any time from June 15, 2017 to the date
established by the Court for notice of the certification of the
Class who were not compensated for time spent on a layover."
-- Wage Statement Subclass:
"All individuals who have worked for DOT as a California-based
truck driver at any time from June 15, 2020 to the date
established by the Court for notice of the certification of the
Class."
-- Waiting Time Penalties Subclass:
"All individuals who have worked for DOT as a California-based
truck driver at any time from June 15, 2018 to the date
established by the Court for notice of the certification of the
Class whose employment with DOT has ended."
In addition, the Plaintiffs request that the Court appoint them as
Class Representatives.
The Plaintiffs also request that the Court appoint their counsel,
Jennifer Kramer of Hennig Kramer LLP and David Mara and Matthew
Crawford of Mara Law Firm, PC, as Class Counsel.
The Plaintiffs request an oral hearing, unless the Court deems
otherwise.
DOT provides trucking transportation services.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=R6mz87 at no extra
charge.[CC]
The Plaintiffs are represented by:
David Mara, Esq.
Matthew Crawford, Esq.
MARA LAW FIRM, PC
2650 Camino Del Rio N., Suite 302
San Diego, CA 92108
Telephone: (619) 234-2833
Facsimile: (619) 234-4048
E-mail: dmara@maralawfirm.com
mcrawford@maralawfirm.com
- and -
Jennifer Kramer, Esq.
HENNIG KRAMER, LLP
3600 Wilshire Blvd., Suite 3600
Los Angeles, CA 90010
Telephone: (213) 310-830
E-mail: jennifer@employmentattorneyla.com
DRAFTKINGS INC: Aminov Suit Removed to E.D. New York
----------------------------------------------------
The case styled as Nerye Aminov, individually, and on behalf of all
others similarly situated v. DraftKings, Inc., Case No. 720194/2024
was removed from the Supreme Court of the State of New York, County
of Queens, to the United States District Court for the Eastern
District of New York on Dec. 11, 2024, and assigned Case No.
1:24-cv-08472-MKB-LKE.
The Plaintiff alleges, among other things, that DraftKings
misrepresented a new customer promotion, thereby inducing Plaintiff
to sign up for DraftKings' services.[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
DUKE ENERGY: Fails to Prevent Data Breach, Cintron Alleges
----------------------------------------------------------
MIGUEL CINTRON, individually and on behalf of all others similarly
situated, Plaintiff v. DUKE ENERGY CAROLINAS, LLC, Defendant, Case
No. 3:24-cv-01080 (W.D.N.C., Dec. 16, 2024) is a class action
against the Defendant for its failure to properly secure and
safeguard personally identifiable information of Plaintiff and the
Class members, including, without limitation: names, dates of
birth, home addresses, phone numbers, and Social Security numbers.
The Plaintiff alleges in the complaint that the Defendant
disregarded the rights of the Plaintiff and the Class members by
intentionally, willfully, recklessly, or negligently failing to
take and implement adequate and reasonable measures to ensure their
PII was safeguarded, failing to take available steps to prevent an
unauthorized disclosure of data, and failing to follow applicable,
required and appropriate protocols, policies and procedures
regarding the encryption of data in the possession of its vendor.
As a result, the PII of the Plaintiff and Class Members was
compromised through access to and exfiltration by an unknown and
unauthorized third party, asserts the suit.
Duke Energy Carolinas, LLC provides electric and gas services. The
Company generates, transmits, distributes, and sells electricity to
residential, commercial, and industrial sectors, as well as offers
natural gas distribution services. [BN]
The Plaintiff is represented by:
David M. Wilkerson, Esq.
THE VAN WINKLE LAW FIRM
11 N. Market Street
Asheville, NC 28801
Telephone: (828)258-2991
Facsimile: (828)257-2767
Email: dwilkerson@vwlawfirm.com
- and -
Jibrael S. Hindi, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street Suite 1744
Ft. Lauderdale, FL 33301
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
Email: mhiraldo@hiraldolaw.com
EMBRY-RIDDLE AERONAUTICAL: Court Extends Class Cert Discovery
-------------------------------------------------------------
In the class action lawsuit captioned as Garceau v. Embry-Riddle
Aeronautical University, Inc. (ERAU), Case No. 6:24-cv-00755 (M.D.
Fla., Filed April 23, 2024), the Hon. Judge Paul G. Byron entered
an order granting motion to extend class certification discovery
and briefing deadlines.
-- An amended CMSO is forthcoming.
-- However, requested dates are not guaranteed and are subject to
the
Court's trial schedule.
-- Further, granting certain extensions may impact other relevant
deadlines.
The suit alleges violation of the Employee Retirement Income
Security Act (E.R.I.S.A.).
ERAU is a private university focused on aviation and aerospace
programs. Founded at Lunken Field in Cincinnati.[CC]
ESSA BANCORP: Continues to Defend Suit Over RESPA Violation
-----------------------------------------------------------
ESSA Bancorp Inc. disclosed in its Form 10-K Report for the fiscal
period ending September 30, 2024 filed with the Securities and
Exchange Commission on December 13, 2024, that the Company
continues to defend itself from the Real Estate Settlement
Procedures Act (RESPA) violation class suit.
The Company and its subsidiary, ESSA Bank and Trust ("ESSA B&T")
were named as defendants, among others, in an action commenced on
December 8, 2016 by one plaintiff who sought to pursue the suit as
a class action on behalf of the entire class of people similarly
situated. The plaintiff alleged that a subsidiary of a bank
previously acquired by the Company received unearned fees and
kickbacks in the process of making loans, in violation of the Real
Estate Settlement Procedures Act.
In an order dated January 29, 2018, the district court granted the
defendants' motion to dismiss the case.
The plaintiff appealed the court's ruling. In an opinion and order
dated April 26, 2019, the appellate court reversed the district
court's order dismissing the plaintiff's case against the Company
and remanded the case to the district court in order to continue
the litigation.
The litigation is now proceeding before the district court.
On December 9, 2019, the court permitted an amendment to the
complaint to add two new plaintiffs to the case asserting similar
claims.
On May 21, 2020, the court granted the plaintiffs' motion for class
certification.
Fact and expert discovery were completed, and the Company and ESSA
B&T filed motions seeking to have the case dismissed (in whole or
in part) and/or the class de-certified, as well as for other
relief. Plaintiffs opposed the motions.
On August 18, 2023 the Court granted the motions to dismiss as to
the Company and ESSA B&T, with the result that the only remaining
defendant is a now-dissolved former wholly-owned subsidiary of a
previously-acquired company.
The Court also amended its class certification order, and severed
one of the original plaintiffs' claims from those of the class,
ordering a separate trial for that plaintiff.
Plaintiffs sought permission to appeal from these and other related
rulings but the court denied their request.
Plaintiffs have filed a motion seeking relief from some of the
court's prior orders.
The Company and ESSA B&T will continue to vigorously defend against
plaintiffs' allegations.
ESSA Bancorp, Inc. is a holding company of ESSA Bank & Trust based
in Pennsylvania.
ESSA BANCORP: Discovery Ongoing in RESPA Violation Suit
-------------------------------------------------------
ESSA Bancorp Inc. disclosed in its Form 10-K Report for the fiscal
period ending September 30, 2024 filed with the Securities and
Exchange Commission on December 13, 2024, that discovery is ongoing
for Real Estate Settlement Procedures Act (RESPA) and Sherman Act
violations class suit.
On May 29, 2020, the Company and ESSA B&T were named as defendants
in a class action commenced by three plaintiffs who also sought to
pursue the action as a class action on behalf of the entire class
of people similarly situated. The plaintiffs allege that a
subsidiary of a bank previously acquired by the Company received
unearned fees and kickbacks from a different title company than the
one involved in the previously discussed litigation in the process
of making loans.
The original complaint alleged violations of the Real Estate
Settlement Procedures Act, the Sherman Act, and the Racketeer
Influenced and Corrupt Organizations Act ("RICO"). The plaintiffs
filed an Amended Complaint on September 30, 2020 that dropped the
RICO claim, but they are continuing to pursue the Real Estate
Settlement Procedures Act and Sherman Act claims.
The defendants moved to dismiss the Sherman Act claim on October
14, 2020, and that motion was denied on April 2, 2021.
On March 13, 2023 the court granted plaintiffs' motion for class
certification.
The case is currently in the discovery phase.
The Company and ESSA B&T intend to vigorously defend against
plaintiffs' allegations.
ESSA Bancorp, Inc. is a holding company of ESSA Bank & Trust based
in Pennsylvania.
EVERYTHING BREAKS: Settlement in Campbell Suit Gets Conditional OK
------------------------------------------------------------------
In the class action lawsuit captioned as STEPHAN CAMPBELL, on
behalf of himself and all others similarly situated, v. EVERYTHING
BREAKS, INC., Case No. 2:23-cv-00861-GMN-EJY (D. Nev.), the
Plaintiff asks the Court to enter an order:
(1) conditionally approving the parties' settlement as fair,
adequate, reasonable, and within the reasonable range of
possible approval,
(2) appointing Plaintiff as the class representative,
(3) appointing Plaintiff's counsel as class counsel,
(4) approving the parties' proposed notice program, and
confirming
that it is appropriate notice and that it satisfies due
process
and Rule 23,
(5) setting a date for a final fairness hearing, and
(6) setting deadlines for members of the settlement class to
submit
claims for compensation, and to object to or exclude
themselves
from the settlement.
The Plaintiff alleges that Defendant Everything Breaks, Inc.
violated the Telephone Consumer Protection Act of 1991 (TCPA) when
it placed two or more calls to his telephone number to solicit
Plaintiff to purchase a vehicle warranty while his number was on
the National Do Not Call Registry.
Recognizing the risks of protracted litigation, the parties reached
an agreement to request approval of an all-cash settlement totaling
$995,000 ("Settlement"). This is an excellent result, considering
the risks, burden, and expense of continued litigation.
The Settlement Class is defined as follows:
"All persons in the United States who, (a) during the Class
Period,
(1) received two or more telephone solicitation calls made by or
on
behalf of Defendant on a telephone number that appears on the
National Do Not Call Registry for at least 31 days at the time
of
the calls, or (2) received two or more telemarketing calls in a
12-
month period, with at least one being received after being
marked
as "DNC," "Do Not Call," or "Already Covered" in Defendant's
records, (b) where the telephone number appears on EBI_000029 or
EBI_000030, and (c) where the telephone number was obtained by
Defendant in the same manner Defendant obtained Plaintiff's
telephone number.
The Settlement Class is estimated to include approximately 86,708
individuals.
Everything Breaks is a warranty company based in Dallas, TX,
offering comprehensive coverage plans for a wide range of
products.
A copy of the Plaintiff's motion dated Dec. 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ACJObi at no extra
charge.[CC]
The Plaintiff is represented by:
Chris R. Miltenberger, Esq.
THE LAW OFFICE OF CHRIS R. MILTENBERGER,
PLLC
1360 N. White Chapel, Suite 200
Southlake, TX 76092-4322
Telephone: (817) 416-5060
Facsimile: (817) 416-5062
E-mail: chris@crmlawpractice.com
- and -
Max S. Morgan, Esq.
THE WEITZ FIRM, LLC
1515 Market Street, #1100
Philadelphia, PA 19102
Telephone: (267) 587-6240
Facsimile: (215) 689-0875
E-mail: max.morgan@theweitzfirm.com
Craig K. Perry, Esq.
CRAIG K. PERRY & ASSOCIATES
6210 N. Jones Blvd. No. 753907
Las Vegas, NV 89136-8985
Telephone: (702) 228-4777
Facsimile: (702) 943-7520
E-mail: cperry@craigperry.com
FCA US: Plaintiffs Must File Class Cert. Bid by Jan. 16, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as Ebony Thompson v. FCA US
LLC et al., Case No. 2:21-cv-09815-FMO-MRW (C.D. Cal.), the Hon.
Judge Fernando Olguin entered an order that:
1. All pending deadlines and proceedings are vacated.
2. Plaintiffs shall file a motion for class certification and
preliminary approval of settlement agreement ("Motion") no
later
than Jan. 16, 2025. Defendant is encouraged to also file a
brief
in support of the motion for preliminary approval.
3. Plaintiffs are advised that the court will not grant the
Motion
unless it includes a discussion of the Rule 23(e) of the
Federal
Rules of Civil Procedure requirements, including but not
limited
to evidentiary support, where appropriate, regarding the
following issues:
"All class and FLSA certification requirements, including (i)
declarations from proposed class representatives as to the
adequacy of their representation of the class; and (ii) any
differences between the settlement class and the class
proposed
in the operative complaint (if the class has already been
certified, the difference between the settlement class and
the
previously certified class), and an explanation as to why the
differences are appropriate."
4. With respect to any settlement involving claims pursuant to
the
California Private Attorneys General Act ("PAGA"), Cal. Labor
Code sections 2698, et seq., the parties shall address
whether
the California Labor & Workforce Development Agency received
notice of the settlement, and any response to such notice.
5. Failure to file the motion for preliminary approval by the
deadline set by the court shall result in dismissal of the
case
for failure to prosecute and/or to comply with a court
order.
FCA US designs, engineers, manufactures, and sells vehicles.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=yQ6uNe at no extra
charge.[CC]
FIRST BANCSHARES: Class Settlement in Hall Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as Nancy Hall, on behalf of
herself and all others similarly situated, v. The First Bancshares,
Inc., Case No. 2:23-cv-00192-KS-MTP (S.D. Miss.), the Hon. Judge
entered an order granting the Plaintiffs' unopposed motion for
preliminary approval of the class action settlement.
The Court appoints the Plaintiff Nancy Hall as class representative
for the settlement class, represented by class counsel and
conditionally certifies the Settlement Class defined as follows:
-- The Class means all current and former First Bank checking
account holders and all former Heritage Southeast Bank
checking
account holders who were assessed one or more of overdraft
and/or
insufficient fund fee(s) in a debit card transaction that was
authorized on positive funds and settled on negative funds in
the
same amount for which the debit card transaction was
authorized
beginning dec. 7, 2020 and ending on the date the Court
preliminarily approves the settlement contemplated by the
Settlement Agreement.
First Bancshares operates as the bank holding company for The First
Bank that provides general commercial and retail banking services.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=HCUn76 at no extra
charge.[CC]
FRONTRUNNERS INC: Website Inaccessible to the Blind, Zhang Says
---------------------------------------------------------------
ANDREW ZHANG, on behalf of himself and all others similarly
situated v. Frontrunners Incorporated, Case No. 1:24-cv-09353
(S.D.N.Y., Dec. 9, 2024) sues the Defendant for their failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by the Plaintiff and other
blind or visually-impaired persons, under the Americans with
Disabilities Act.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to the goods and
services Frontrunners Incorporated provides to their non-disabled
customers through https://www.superrunnersshop.com, the suit
contends.
On Oct. 21, 2024, the Plaintiff was searching online for a local
store, specializing in a running-related products. The Plaintiff
came across the Defendant's website, where he found the Men's Bondi
8-Wide (2E) running shoes.
When he added the product to the cart, the screen reader failed to
announce the following status message, which, along with other
accessibility issues, made it difficult to navigate the website,
find more information about store locations, or complete an online
purchase. These access barriers have caused Superrunnersshop.com to
be inaccessible to, and not independently usable by blind and
visuallyimpaired persons, added the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Frontrunners Incorporated's policies, practices, and procedures so
that the 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.
Mr. Zhang is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
The Defendant offers a wide range of running shoes, sandals,
jackets, vests, T-shirts, pants, shorts, socks, insoles,
watches.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
HOROWITZLAW PLLC
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
GENERAL MILLS: Cantu Suit Removed to C.D. California
----------------------------------------------------
The case styled as Jesse Cantu, individually and on behalf of all
others similarly situated v. GENERAL MILLS, INC., a Delaware
company, Case No. 24STCV21212 was removed from the Superior Court
of the State of California for the County of Los Angeles, to the
United States District Court for the Central District of California
on Dec. 11, 2024, and assigned Case No. 2:24-cv-10664.
The Plaintiff filed a Complaint asserting two individual causes of
action for common law fraud and violation of California's Consumers
Legal Remedies Act ("CLRA").[BN]
The Defendants are represented by:
Megan O'Neill, Esq.
DTO LAW
915 Wilshire Boulevard, Suite 1950
Los Angeles, CA 90017
Phone: (213) 335-6999
Facsimile: (213) 335-7802
Email: moneill@dtolaw.com
- and -
Richard Z. Lee, Esq.
DTO LAW
702 Marshall Street, Suite 640
Redwood City, California 94063
Phone: (415) 630-4100
Facsimile: (415) 630-4105
Email: rlee@dtolaw.com
GENERAL MOTORS: Riley Suit Transferred to W.D. Tennessee
--------------------------------------------------------
The case captioned as Mark Riley, on behalf of themselves and all
others similarly situated v. General Motors LLC, Case No.
2:21-cv-00924 was transferred from the United States District Court
for the Southern District of Ohio, to the United States District
Court for the Western District of Tennessee on Dec. 11, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02053-JHC to the
proceeding.
The nature of suit is stated as Other Contract for Magnuson-Moss
Warranty Act.
General Motors Company (GM) -- https://www.gm.com/ -- is an
American multinational automotive manufacturing company
headquartered in Detroit, Michigan.[BN]
The Plaintiff is represented by:
Donald P. Screen, Esq.
Subodh Chandra, Esq.
THE CHANDRA LAW FIRM LLC
1265 W. 6th Street, Ste. 400
Cleveland, OH 44113
Phone: (440) 829-4577
Fax: (216) 578-1800
Email: donald.screen@chandralaw.com
subodh.chandra@chandralaw.com
- and -
Joshua Markovits, Esq.
Sergei Lemberg, Esq.
LEMBERG LAW LLC
43 Danbury Road
Wilton, CT 06887
Phone: (203) 653-2250
Fax: (203) 653-3424
Email: jmarkovits@lemberglaw.com
slemberg@lemberglaw.com
The Defendant is represented by:
Daniel R. Birnbaum, Esq.
SEYFARTH SHAW LLP
233 S. Wacker Drive, Ste. 8000
Chicago, IL 60606
Phone: (312) 460-5129
Fax: (312) 460-7535
Email: dbirnbaum@seyfarth.com
- and -
John Nadolenco, I, Esq.
MAYER BROWN LLP
333 South Grand Ave., Ste 47th Floor
Los Angeles, CA 90071
Phone: (213) 229-5173
Email: jnadolenco@mayerbrown.com
- and -
Joseph J. Orzano, Esq.
William F. Benson, Esq.
SEYFARTH SHAW LLP
Two Seaport Lane, Suite 1200
Boston, MA 02210
Phone: (617) 946-4800
Email: jorzano@seyfarth.com
wbenson@seyfarth.com
- and -
Michael A. Kippins, Esq.
LAWYERS FOR CIVIL RIGHTS
61 Batterymarch Street, Ste. 5th Floor
Boston, MA 02110
Phone: (781) 591-0123
Fax: (617) 482-4392
Email: michael.kippins@gmail.com
GINKGO BIOWORKS: Class Settlement in Bernstein Gets Final Nod
-------------------------------------------------------------
In the class action lawsuit captioned as SHARON BERNSTEIN,
individually and on behalf of all others similarly situated, v.
GINKGO BIOWORKS HOLDINGS, INC., et al., Case No. 4:21-cv-08943-KAW
(N.D. Cal.), the Hon. Judge Kandis Westmore entered an order
granting Bernstein's motion for final approval of the class action
settlement:
The Court (1) certifies the class for settlement purposes only; (2)
approves the stipulation of settlement and authorizes the
distribution of funds as set forth in the Plan of Allocation; (3)
confirms the appointments of Lead Plaintiff, Class Counsel, and
Strategic Claims Services; (4) approves $4,437,500.00 in
attorneys’ fees and $203,929.20 in costs, plus any interest
accrued on those amounts while in the Escrow account, to Class
Counsel; (5) approves up to $250,000 for Strategic Claims
Services's settlement administration costs; (6) approves $5,000 to
Lead Plaintiff Sharon Bernstein as an incentive award; and (7)
orders the parties and Strategic Claims Services to carry out all
of their respective obligations as set forth in the Stipulation of
Settlement.
Lead Plaintiff and all class members not otherwise excluded --
either by the terms of the Stipulation of Settlement or having
filed a request for exclusion -- release all claims against
Released Defendants as set forth in the Stipulation of Settlement.
Additionally, the Court retains jurisdiction over this action for
the purposes of supervising the implementation, enforcement,
construction, and interpretation of the Stipulation of Settlement,
and distribution of the Net Settlement Fund.
Furthermore, without further order of the Court, Defendants and
Lead Plaintiff may agree to reasonable extensions of time to carry
out any of the provisions of the Stipulation of Settlement.
Ginkgo specializes in using genetic engineering to produce bacteria
with industrial applications for other biotech companies.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NHUP8n at no extra
charge.[CC]
GIORGIO ARMANI: Class Cert Bid in Ahumada Extended to June 30, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as JACQUELINE AHUMADA,
individually, and on behalf of other members of the general public
similarly situated, and as an aggrieved employee pursuant to the
Private Attorneys General Act ("PAGA"), v. GIORGIO ARMANI
CORPORATION, New York corporation; and DOES 1 through 10,
inclusive, Case No. 3:24-cv-01175-RSH-DEB (S.D. Cal.), the Parties
ask the Court to enter an order extending the:
-- Discovery cutoff deadline until May 28, 2025, and
-- Deadline to file Plaintiff's motion for class certification
until
June 30, 2025.
The Parties have been diligently engaging in discovery, and are
meeting and conferring as to the production of time and attendance
records and wage statements for approximately 817 putative class
members, and policy documents pertaining to the various causes of
action at issue in this case.
After obtaining the document production, the Parties intend to take
multiple depositions of relevant witnesses.
Specifically, the Plaintiff will depose Defendant's person(s) most
knowledgeable pursuant to FRCP section 30(b)(6) and other relevant
witnesses, and Defendant intends to depose Plaintiff and other
witnesses, a process which will take months.
On Dec. 6, 2024, the Parties appeared before Magistrate Judge
Daniel E. Butcher for an informal status conference regarding
discovery matters. There, the Parties jointly requested a
three-month extension on the discovery cutoff and class
certification filing deadline.
Giorgio Armani designs, manufactures, distributes and retails
fashion and lifestyle products including apparel, accessories,
eyewear, watches, jewelry, and home interiors.
A copy of the Parties' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=4QzGjq at no extra
charge.[CC]
The Plaintiff is represented by:
Roxanna Tabatabaeepour, Esq.
Ryan Tish, Esq.
Alexander Wallin, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Roxanna.Taba@capstonelawyers.com
Ryan.Tish@capstonelawyers.com
Alexander.Wallin@capstonelawyers.com
The Defendants are represented by:
Nicky Jatana, Esq.
Paul J. Cohen, Esq.
JACKSON LEWIS P.C.
725 South Figueroa Street, Suite 2500
Los Angeles, CA 90017-5408
Telephone: (213) 689-0404
Facsimile: (213) 689-0430
GLOBAL EXCHANGE: Faces Garcia Suit Over Illegal Solicitation Calls
------------------------------------------------------------------
JAVIER GARCIA, individually and on behalf of all others similarly
situated v. GLOBAL EXCHANGE VACATION CLUB, a California
corporation, and GLOBAL EXCHANGE DEVELOPMENT CORP., a Nevada
corporation, RESORT VACATIONS, INC., a Nevada corporation, and DOES
1-10, inclusive, Case No. 8:24-cv-02662 (C.D. Cal., Dec. 9, 2024)
contends that the Defendant promotes and markets its merchandise,
in part, by sending unsolicited text messages to wireless phone
users, in violation of the Telephone Consumer Protection Act.
The Defendants violated the Plaintiff and the putative
class-members' rights by making two or more solicitation calls to
residential subscribers whose numbers were registered on the Do Not
Call Registry, the Plaintiff claims.
Beginning in or around June 5, 2021, the Defendant called the
Plaintiff on his cellular telephone number on a repetitive and
continuous basis for the purpose of soliciting timeshare vacation
clubs. The Plaintiff knew these telemarketing communications were
from the Defendant because the live agent announced they were
calling on behalf of GEVC, says the suit.
The Plaintiff did not provide express written consent or any
consent for those solicitations to the Defendants. Thus, the
Plaintiff brings this action individually and on behalf of all
others similarly situated, seeking damages and any other available
legal or equitable remedies resulting from the unlawful actions of
Defendants.
Plaintiff Garcia owned a cell phone, the number for which was
214-XXX-8681. The Plaintiff registered that cell phone number on
the federal (or national) Do Not Call Registry in January of 2006
in order to obtain solitude from invasive and irritating
telemarketing calls.
GEVC is the homeowner association for a multi-location time-share
plan with accommodations in locations worldwide.[BN]
The Plaintiff is represented by:
Ethan Preston, Esq.
PRESTON LAW OFFICES
4054 McKinney Avenue, Suite 310
Dallas, TX 75204
Telephone: (972) 564-8340
Facsimile: (866) 509-1197
E-mail: ep@eplaw.us
- and -
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN, P.C.
30 East Butler Ave.
Ambler, PA 19002
Telephone: (267) 468-5374
Facsimile: 215-540-8817
E-mail: jginsburg@creditlaw.com
teamkimmel@creditlaw.com
GOODRX INC: Conspires to Fix Prices Paid to Pharmacies, Suit Says
-----------------------------------------------------------------
PHILADELPHIA ASSOCIATION OF RETAIL DRUGGISTS, individually and on
behalf of all others similarly situated, Plaintiff v. GOODRX, INC.,
GOODRX HOLDINGS, INC., CVS CAREMARK CORPORATION, EXPRESS SCRIPTS
INC., MEDIMPACT HEALTHCARE SYSTEMS, INC., and NAVITUS HEALTH
SOLUTIONS, LLC, Defendants, Case No. 1:24-cv-00508 (D.R.I.,
December 4, 2024) is an action arising from Defendants' conspiracy
to fix prices paid to pharmacies for reimbursement of prescription
drug claims.
According to the complaint, the Defendants exert their market power
by employing various anticompetitive tactics to restrain
competition in the prescription drug dispensing market, forcing
independent pharmacies out of business and thereby increasing the
market share of the pharmacy benefit managers' affiliated
pharmacies. Among these tactics is a recent scheme devised by
Defendants to (i) share real time pricing data with one another and
access real time pricing data of other non-Defendant PBMs using
GoodRx as a clearinghouse, and (ii) allocate transactions to be
adjudicated by the PBM with the lowest consumer discount price to
avoid paying the reimbursement rates that PBM Defendants negotiated
with pharmacies on behalf of insurers. The scheme also seeks to
maximize the number of claims processed using prescription discount
cards by making the process automatic for the PBM Defendants'
insured members, says the suit.
As a direct result of the Defendants' alleged conduct, pharmacies
were injured by receiving decreased reimbursement for dispensing
generic prescription drugs and paying increased fees to PBMs and
GoodRx resulting from discount card transactions. This has
contributed to the closure of hundreds of independent pharmacies,
thus lessening competition in the prescription drug dispensing
market. And in the end, consumers will suffer as these restraints
on competition lead to fewer pharmacy choices, lower quality
services, and higher healthcare costs, the suit alleges.
Plaintiff Philadelphia Association of Retail Druggists is an
association of community pharmacies, comprised of over 200
independently owned pharmacies in Pennsylvania.
GoodRx, Inc. provides drug price comparison and pharmacy
information services.[BN]
The Plaintiff is represented by:
Stephen M. Prignano, Esq.
MCINTYRE TATE LLP
50 Park Row West Suite 109
Providence, RI 02903
Telephone: (401) 351-7700
E-mail: sprignano@mcintyretate.com
- and -
Gregory S. Asciolla, Esq.
Alexander E. Barnett, Esq.
Geralyn J. Trujillo, Esq.
Jonathan S. Crevier, Esq.
John M. Shaw, Esq.
DICELLO LEVITT LLP
485 Lexington Avenue, Suite 1001
New York, NY 10017
Telephone: (646) 933-1000
E-mail: gasciolla@dicellolevitt.com
abarnett@dicellolevitt.com
gtrujillo@dicellolevitt.com
jcrevier@dicellolevitt.com
jshaw@dicellolevitt.com
- and -
Joshua H. Grabar, Esq.
GRABAR LAW OFFICE
One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (267) 507-6085
E-mail: jgrabar@grabarlaw.com
GRAND AMERICA: Filing for Class Cert Bid Extended to Feb. 24, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as JANN DESCANZO, VERONICA
BONDOC, GLEN SEGUNDINO, and MARIANNE PONIO, and those similarly
situated, v. GRAND AMERICA HOTELS & RESORTS, INC. and SINCLAIR
SERVICES COMPANY, Case No. 2:19-cv-00443-HCN-DBP (D. Utah), the
Hon. Judge Dustin Pead entered an order granting stipulated motion
to extend class certification briefing deadlines:
EVENT DEADLINE
Plaintiffs' motion for class certification: Feb. 24, 2025
Defendants' response to Plaintiffs' motion March 24, 2025
for class certification:
Plaintiffs' reply in support of motion for April 7, 202
class certification:
The Court further orders that, within fourteen days of the Court
issuing a ruling on Plaintiffs' motion for class certification, the
Parties shall submit a proposed schedule for the remainder of the
case.
Grand America is a chain of eight hotels and resorts in the Western
United States.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=BRvmWt at no extra
charge.[CC]
The Defendants are represented by:
Matthew R. Lewis, Esq.
R. Jeremy Adamson, Esq.
Shelby Jaye Hughes, Esq.
KUNZLER BEAN & ADAMSON, PC
50 W. Broadway, 10th Floor
Salt Lake City, UT 84101
Telephone: (801) 994-4646
E-mail: mlewis@kba.law
jadamson@kba.law
shughes@kba.law
mhansen@kba.law
- and -
Brett L. Tolman, Esq.
THE TOLMAN GROUP
13827 Sprague Lane, Suite 220
Draper, UT 84020
Telephone: (801) 639-9840
Facsimile: (801) 448-3375
E-mail: Email: brett@tolmangroup.com
GRAND AMERICA: Parties Seek to Amend Scheduling Order
-----------------------------------------------------
In the class action lawsuit captioned as JANN DESCANZO, VERONICA
BONDOC, GLEN SEGUNDINO, and MARIANNE PONIO, and those similarly
situated, v. GRAND AMERICA HOTELS & RESORTS, INC. and SINCLAIR
SERVICES COMPANY, Case No. 2:19-cv-00443-HCN-DBP (D. Utah), the
Parties ask the Court to enter an order amending scheduling order:
Event Proposed Deadline
Plaintiffs' motion for class: Feb. 24, 2025
certification
Defendants' response to March 24, 2025
Plaintiffs' motion for class
Certification:
Plaintiffs' reply in support April 7, 2025
of motion for class certification:
Grand America is a chain of eight hotels and resorts in the Western
United States.
A copy of the Parties' motion dated Dec. 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tmn8JI at no extra
charge.[CC]
The Plaintiffs are represented by:
Beth E. Terrell, Esq.
Elizabeth A. Adams, Esq.
TERRELL MARSHALL LAW GROUP
PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
E-mail: bterrell@terrellmarshall.com
eadams@terrellmarshall.com
- and -
P. Alex McBean, Esq.
ALEX McBEAN LAW OFFICE, PLLC
505 South Main Street
Bountiful, UT 84010
Telephone (358) 319-1137
E-mail: alex@alexmcbeanlaw.com
- and -
Alexander Hood, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, CO 80218
Telephone: (720) 441-2236
E-mail: alex@towardsjustice.org
The Defendants are represented by:
Matthew R. Lewis, Esq.
R. Jeremy Adamson, Esq.
Shelby Jaye Hughes, Esq.
KUNZLER BEAN & ADAMSON, PC
50 W. Broadway, 10th Floor
Salt Lake City, UT 84101
Telephone: (801) 994-4646
E-mail: mlewis@kba.law
jadamson@kba.law
shughes@kba.law
mhansen@kba.law
- and -
Brett L. Tolman, Esq.
THE TOLMAN GROUP
13827 Sprague Lane, Suite 220
Draper, UT 84020
Telephone: (801) 639-9840
E-mail: brett@tolmangroup.com
H.B. FULLER COMPANY: Rouse Files Suit in N.D. Ohio
--------------------------------------------------
A class action lawsuit has been filed against H.B. Fuller Company,
et al. The case is styled as Lisa Rouse, Juston Rouse, Jenna
Drouin, Nicholas Drouin, Kendra Graybeal, Nichole Edwards, Lucas
Edwards, Robert Calamita, Gina Calamita, Nicole Robb, Dave Robb,
Clay Whitenack, Andrea Lee Hill Whitenack, Brian Andree, Alexandra
Andree, Kyle Witczak, Brittany Witczak, Kristina De Broux, Mary
Jane Gougar, Chris Lorbecki, individually and on behalf of all
others similarly situated v. H.B. Fuller Company, H.B. Fuller
Construction Products Inc., Defendants; Emil Renner, also known as:
Charlie, Movants; Case No. 1:24-mc-00060-DAR (N.D. Ohio, Dec. 11,
2024).
H.B. Fuller Company -- https://www.hbfuller.com/en -- is an
American adhesives manufacturing company supplying industrial
adhesives worldwide.[BN]
The Movant is represented by:
Janine C. Little, Esq.
Sarah K. Rathke, esq.
SQUIRE PATTON BOGGS - CLEVELAND
1000 Key Tower
127 Public Square
Cleveland, OH 44114
Phone: (216) 479-8406
Fax: (216) 479-8780
Email: janine.little@squirepb.com
sarah.rathke@squirepb.com
HEADLESS WIDOW: Hussein Collective Certification Bid Partly OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as SALMA BAHAA HUSSEIN, BRIAN
NOONE, JORDAN MERRITT, JOEL ZAVALA, AND SANTIAGO ALJURE, on behalf
of themselves and others similarly situated, v. THE HEADLESS WIDOW
LLC d/b/a/ THE HEADLESS WIDOW, and EDIN CANOVIC a/k/a EDDIE
CANOVIC., Case No. 1:24-cv-04658-LJL (S.D.N.Y.), the Hon. Judge
Lewis Liman entered an order granting in part and denying in part
the motion for conditional collective certification and mailing of
a court-authorized notice.
The Plaintiffs easily satisfy the standard for conditional
collective certification at Myers stage one. The motion is
supported by the complaint and by declarations of four of the five
plaintiffs.
The Defendants' objections to the language of the notice are
sustained in part and denied in part. Defendants argue that all
references to the NYLL and the New York Code of Rules and
Regulations should be stricken. The proposed form of notice has
only limited references to the NYLL. It indicates that Plaintiffs
bring claims under the NYLL without indicating the nature of those
claims.
Accordingly, while it is not objectionable for the notice to refer
to the fact that the Complaint contains both Fair Labor Standards
Act (FLSA) and New York Labor Laws (NYLL) claims, it should make
clear that the consent to join will only make an employee a
claimant with respect to the FLSA claims and not with respect to
the NYLL claims.
The parties are directed to meet and confer and to submit a revised
proposed notice within seven days of this Order.
The Plaintiffs allege violations of the minimum wage and overtime
provisions set forth in the Fair Labor Standards Act (FLSA), and in
the New York Labor Law (NYLL).
The Plaintiffs are five individuals who were employed by the
Defendants as servers or barbacks.
Headless Widow is a bar and restaurant.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zj9ebB at no extra
charge.[CC]
HERNIA MEDICAL: Jloc Sues Over Illegal Employment Practices
-----------------------------------------------------------
Susi Jloc, an Individual v. HERNIA MEDICAL CENTER OF SOUTHERN
CALIFORNIA, INC., a California Stock Corporation; PASADENA SURGERY
CENTER, LLC, a California Limited Liability Company; and Does 1
through 100, inclusive, Case No. 24STCV32730 (Cal. Super. Ct., Los
Angeles Cty., Dec. 11, 2024), is brought under California Labor
Code and the California Private Attorney General Act ("PAGA") and
challenges systemic illegal employment practices resulting in
violations of the California Labor Code against employees of
Defendants.
The Plaintiff and all other aggrieved employees seek unpaid wages,
penalties and other compensation from Defendants for the relevant
time period because Defendants improperly: Failed to provide
Plaintiff and other aggrieved employees overtime wages; Failed to
pay Plaintiff and all other aggrieved employees with required meal
periods; Failed to provide plaintiff and all other aggrieved
employees with rest breaks; Failed to pay Plaintiff and all other
aggrieved employees all wages due; Failed to provide Plaintiff and
all other aggrieved employees all wages due; Failed to provide
Plaintiff and all other aggrieved employees, says the complaint.
The Plaintiff worked for Defendants as a nonexempt employee from
May 2023 to February 2024.
The Defendants did (and continue to do) business and employed
Plaintiff and other aggrieved employees within, among other
counties, Los Angeles County and the state of California.[BN]
The Plaintiff is represented by:
Rebecca R. Brown, Esq.
BARKHORDARIAN LAW FIRM, PLC
6047 Bristol Parkway, 2nd Fl.
Culver City, CA 90230
Phone: (323) 450-2777
Email: rebecca@barklawfirm.com
HONDA MOTOR: Filing for Decertification Due Feb. 10, 2025
---------------------------------------------------------
In the class action lawsuit captioned as Hamid Bolooki v. Honda
Motor Company Limited, et al. (re Honda Idle Stop Litigation), Case
No. 2:22-cv-04252-MCS-SK (C.D. Cal.), the Hon. Judge Mark Scarsi
entered a scheduling order as follows:
-- Deadline for class notice dissemination: 30 days after the
Ninth
Circuit's ruling on Defendant's pending Rule 23(f) petition.
-- Deadline to file motion for decertification: Feb. 10,
2025
-- Deadline to complete settlement conference: Feb. 24,
2025
-- Deadline to complete Local Rule 16-2 Mar. 26,
2025
conference:
-- Deadline for first round of trial filings: April 14,
2025
-- Deadline for second round of trial filings: April 21,
2025
-- Final pretrial conference: May 5, 2025
-- Trial: May 20, 2025
Honda Motor is a Japanese multinational conglomerate that
manufactures automobiles, motorcycles, and battery-powered
equipment.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=xIb3KT at no extra
charge.[CC]
HP INC: Continues to Defend York County Class Suit in California
----------------------------------------------------------------
HP Inc. disclosed in its Form 10-K Report for the fiscal period
ending September 30, 2024 filed with the Securities and Exchange
Commission on December 13, 2024, that the Company continues to
defend itself from the York County class suit in the district court
of Northern District of California.
On November 5, 2020, York County, on behalf of the County of York
Retirement Fund, filed a putative class action complaint against
HP, Dion Weisler, and Catherine Lesjak in federal court in the
Northern District of California.
The court appointed Maryland Electrical Industry Pension Fund as
Lead Plaintiff. Lead Plaintiff filed a consolidated complaint,
which additionally names as defendants Enrique Lores and Richard
Bailey. The complaint alleges, among other things, that from
November 5, 2015 to June 21, 2016, HP and the named current and
former officers violated Sections 10(b) and 20(a) of the Exchange
Act by concealing material information and making false statements
about HP’s printing supplies business ("Securities Class
Action").
Plaintiffs seek compensatory damages and other relief.
HP and the named officers filed a motion to dismiss the complaint
for failure to state a claim upon which relief can be granted.
On March 3, 2022, the court granted the motion to dismiss with
prejudice.
Plaintiffs appealed the decision.
On April 11, 2023, the appellate court reversed the district
court's decision and remanded the case to the district court for
further proceedings consistent with the appellate opinion,
including consideration of HP’s other arguments for dismissal.
On July 21, 2023, HP and the named officers filed a renewed motion
to dismiss.
On March 27, 2024, the district court issued an order granting in
part and denying in part the motion to dismiss.
On August 8, 2024, the Court of Appeals for the Ninth Circuit
granted HP's petition for permission to appeal.
On October 28, 2024, HP filed its appeal.
HP, Inc. is an information technology company that offers a wide
range of products, technologies, software, solutions and
services.[BN]
HY CITE: Class Certification Bids in Keith Due Aug. 11, 2025
------------------------------------------------------------
In the class action lawsuit captioned as ANGELA KEITH, v. HY CITE
ENTERPRISES, LLC, Case No. 3:24-cv-00729-jdp (W.D. Wis.), the Hon.
Judge Anita Marie Boor entered a preliminary pretrial conference
order as follows:
1. Amendments to the pleadings: Feb. 6, 2025
2. Motions and briefs for class Aug. 11, 2025
certification and disclosure of
proponent's class certification
experts:
Response brief and disclosure of Nov. 14, 2025
respondent's class certification
experts:
Reply in support of class Dec. 12, 2025
certification:
3. Disclosure of experts:
Proponent: Jan. 12, 2026
Respondent: Feb. 16, 2026
4. Deadline for filing dispositive March 16,
2026
motions:
5. Rule 26(a)(3) Disclosures and all Aug. 28, 2026
motions in limine:
Objections: Sept. 18,
2026
6. First Final Pretrial Conference: Oct. 7, 2026
Second Final Pretrial Conference: Oct. 14,
2026
7. Trial: Oct. 19,
2026
Hy Cite is a marketing, distribution and finance company.[CC]
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iUAGH6 at no extra
charge.[CC]
HYATT CORPORATION: Class Cert Bid Filing Modified to July 22, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as FLOR JIMENEZ, individually
and on behalf of all others similarly situated, v. HYATT
CORPORATION, a Delaware Corporation; and DOES 1-10, inclusive, Case
No. 2:23-cv-03028-TLN-CSK (E.D. Cal.), the Hon. Judge Troy Nunley
entered an order granting the Stipulation to modify scheduling
order as follows:
Event Current Date Revised
Date
Close of Discovery Related to Dec. 26, 2024 March 26,
2025
Class Certification:
Deadline to Designate Experts Feb. 24, 2025 April 25,
2025
Related to Class Certification:
Deadline for Supplemental Expert March 26, 2025 May 28,
2025
Designation Related to Class
Certification:
Deadline to File Motion for June 24, 2025 July 22,
2025
Class Certification:
Hyatt is an American multinational hospitality company.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Y2A4Ro at no extra
charge.[CC]
IMT PAVILION: Files Petition in Mendez Suit to Sup. Ct. of Texas
----------------------------------------------------------------
IMT PAVILION III LP AND INVESTORS MANAGEMENT TRUST REAL ESTATE
GROUP, INC. D/B/A IMT RESIDENTIAL files a motion for extension of
time to file petition for review pursuant to Tex. R. App. P.
53.7(f) in the lawsuit entitled Victor Mendez, individually and on
behalf of all others similarly situated, Plaintiff, v. IMT
Pavillion III LP and Investors Management Trust Real Estate Group,
Inc. d/b/a IMT Residential, Defendant, Case No. 01-18-00980-CV, in
the First Court of Appeals.
The appellate case is captioned IMT Pavillion III LP and Investors
Management Trust Real Estate Group, Inc. d/b/a IMT Residential vs.
Victor Mendez, Case No. 24-0996, in the Supreme Court of Texas,
filed on November 27, 2024. [BN]
Plaintiff-Respondent VICTOR MENDEZ, individually and on behalf of
all others similarly situated, is represented by:
Joshua S. Smith, Esq.
PULLMAN & COMLEY LLC
850 Main Street
P.O. Box 7006
Bridgeport, CT 06601
Telephone: (203) 330-2083
- and -
Karson K. Thompson, Esq.
Russell S. Post, Esq.
BECK REDDEN LLP
1221 McKinney Street, Suite 4500
Houston, TX 77010
Telephone: (713) 951-3700
- and -
Richard E. Norman, Esq.
R. Martin Weber, Jr., Esq.
CROWLEY NORMAN LLP
Riverway, Suite 1775
Houston, TX 77056
Telephone: (713) 651-1771
Facsimile: (713) 651-1775
Email: rnorman@crowleynorman.com
mweber@crowleynorman.com
- and -
Jason Snell, Esq.
SNELL LAW PLLC
404 W. 13th Street
Austin, TX 78701
Telephone: (512) 477-5291
Email: firm@snellfirm.com
- and -
Britton D. Monts, Esq.
THE MONTS FIRM
501 Congress Avenue, Suite 150
Austin, TX 78701
Telephone: (512) 474-6092
Facsimile: (512) 692-2981
Defendant-Petitioner IMT PAVILLION III LP AND INVESTORS MANGEMENT
TRUST REAL ESTATE GROUP, INC. D/B/A IMT RESIDENTIAL is represented
by:
Dylan Russell, Esq.
SORRELS LAW
5300 Memorial Dr., Suite 270
Houston, TX 77007
Telephone: (713) 496-1100
Facsimile: (713) 238-9500
- and -
Madeleine Dwertman, Esq.
Thomas Phillips, Esq.
BAKER BOTTS LLP
401 South 1st Street, Suite 1300
Austin, TX 78704
Telephone: (512) 322-2500
Facsimile: (512) 322-2501
ISAAC OUZANA: Court Junks Summary Judgment Bids in Layani
---------------------------------------------------------
In the class action lawsuit captioned as GERARD LAYANI, et al., v.
ISAAC OUZANA, et al., Case No. 1:20-cv-00420-SAG (D. Md.), the Hon.
Judge Stephanie Gallagher entered a memorandum that both parties'
motions for summary judgment must be denied.
The deficient briefing in this case has frustrated this Court's
ability to conduct a standard summary judgment analysis.
Accordingly, no hearing is necessary. Because neither party has
come close to demonstrating that the material facts in this case
are undisputed or that judgment as a matter of law is appropriate,
both motions for summary judgment must be denied.
Because Defendants have failed to demonstrate the absence of a
genuine dispute as to whether any of these claims are time-barred,
nor have they shown that judgment as a matter of law is
appropriate, summary judgment is inappropriate on this ground.
The Plaintiffs filed this lawsuit in 2020, alleging that the
Defendants defrauded them in the course of real estate dealings in
the 2010s. The Plaintiffs filed the second amended complaint in
2022. The Defendants filed a counterclaim against Plaintiffs Kandy
LLC and Yehuda Ragones in late 2022.
A copy of the Court's memorandum opinion dated Dec. 12, 2024, is
available from PacerMonitor.com at https://urlcurt.com/u?l=4qrUOp
at no extra charge.[CC]
JUPITER RESEARCH: Sues Over Cannabis Oil Vaporizer Monopoly
-----------------------------------------------------------
S.K., D.G.; and D.C., individually and on behalf of all others
similarly situated, Plaintiffs v. JUPITER RESEARCH, LLC; 3WIN
CORPORATION; CB SOLUTIONS, LLC; and GREENLANE HOLDINGS, INC.,
Defendants, Case No. 3:24-cv-09090 (N.D. Cal., Dec. 16, 2024)
alleges violation of the Sherman Act.
According to the Plaintiff in the complaint, the Defendants had and
has market power in the closed cannabis oil vaporizer systems
market in the Relevant Market, which allows them to unilaterally
control prices and exclude competitors, by means other than
competition on the merits. Further, through the anticompetitive
conduct as alleged herein, the Defendants leveraged its market
power in the closed cannabis oil vaporizer system market to exclude
and further control and illegally leverage the market for closed
cannabis oil vaporizer systems by utilizing coercive distribution
agreements and unreasonable horizontal and vertical pricing and
sales agreements.
Because of the Defendants' exclusive distribution agreements, the
Defendants has been able to forestall competition in the Relevant
Market, making it unlikely that another entrant could gain a
meaningful market share in the Relevant Market at the time of the
violations of antitrust law as alleged herein.
design, develops, and manufactures vaporization technologies for
the natural plant-derived oil producer. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Yana Hart, Esq.
Mark Richards, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Email: rclarkson@clarksonlawfirm.com
yhart@clarksonlawfirm.com
mrichards@clarksonlawfirm.com
- and -
James L. Ferraro, Esq.
James L. Ferraro Jr., Esq.
THE FERRARO LAW FIRM, P.A.
600 Brickell Avenue, Suite 3800
Miami, FL 33131
Telephone: (305)375-0111
Email: jferraro@ferrarolaw.com
james@ferrarolaw.com
- and -
Jason R. Sultzer, Esq.
Scott E. Silberfein, Esq.
SULTZER & LIPARI, PLLC
85 Civic Center Plaza, Suite 200
Poughkeepsie, New York 12061
Telephone: (845) 483-7100
Facsimile: (888)749-7747
Email: sultzerj@thesultzerlawgroup.com
silberfeins@thesultzerlawgroup.com
- and -
Jeffrey K. Brown, Esq.
Blake Hunter Yagman, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, New York 11514
Telephone: (516) 873-9550
Email: jbrown@leedsbrownlaw.com
byagman@leedsbrownlaw.com
KNIGHT-SWIFT: Parties Seek to Modify Class Cert Briefing Schedule
-----------------------------------------------------------------
In the class action lawsuit captioned as Robert Hagins and Tommie
Woodard, individually and on behalf of the Knight-Swift
Transportation Retirement Plan, v. Knight-Swift Transportation
Holdings, Inc., Case No. 2:22-cv-01835-ROS (D. Ariz.), the Parties
ask the Court to enter an order granting stipulation for
Modification of Scheduling Order (Second Request) including Class
Certification Briefing Schedule (Third Request).
The Parties, pursuant to Local Rule 7.3 and in light of the recent
death of the father of lead counsel for Defendant, Wesley E.
Stockard, hereby submitted the stipulation.
This death of his immediate family member pulled Mr. Stockard's
attention away from this case throughout the two week-extension
period initially sought, as it became necessary for him to focus on
burial and funeral arrangements. As a result, Defendant has not
been able to complete its opposition to Plaintiff's Motion for
Class Certification within the initial requested extension.
Specifically, this request would extend Plaintiffs' expert witness
disclosure deadline from Dec. 16, 2024, to Feb. 14, 2025 and
Defendant's expert witness disclosure deadline from Feb. 14, 2025,
to April 15 2025.
All fact discovery would be completed no later than March 25, 2025,
with all discovery, including expert materials, fully supplemented
no later than April 29, 2025.
The dispositive motion deadline would then be set for May 6, 2025,
with a Joint Proposed Pretrial Order due on or before June 6, 2025
(if no dispositive motions are filed) or 30 days after the court
rules on any pending dispositive motions.
A proposed order is being filed under separate cover, pursuant to
Local Rule 7.3(a).
The Plaintiffs Robert Hagins and Tommie Woodard initially filed
this action on Oct. 26, 2022.
Knight-Swift is a publicly traded, American motor carrier holding
company.
A copy of the Parties' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Wo36Kv at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael C. McKay, Esq.
MCKAY LAW, LLC
5635 N. Scottsdale Road, Suite 117
Scottsdale, AZ 85250
Telephone: (480) 681-7000
Facsimile: (480) 348-3999
E-mail: mmckay@mckaylaw.us
- and -
Marc R. Edelman, Esq.
MORGAN & MORGAN, P.A.
201 N. Franklin Street, Suite 700
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: MEdelman@forthepeople.com
- and -
Brandon J. Hill, Esq.
Luis A. Cabassa, Esq.
Amanda Heystek, Esq.
WENZEL FENTON CABASSA, P.A.
1110 N. Florida Avenue, Suite 300
Tampa, FL 33602
Telephone: (813) 224-0431
E-mail: bhill@wfclaw.com
lcabassa@wfclaw.com
aheystek@wfclaw.com
The Defendant is represented by:
Mark Ogden, Esq.
Melissa L. Shingles, Esq.
Wesley E. Stockard, Esq.
Rachel Kaercher, Esq.
James S. Fielding, Esq.
Bradley Crowell, Esq.
LITTLER MENDELSON, P.C.
2425 East Camelback Road, Suite 900
Phoenix, AZ 85016
Telephone: (602) 474-3600
Facsimile: (602) 926-8949
E-mail: MOgden@littler.com
MShingles@littler.com
wstockard@littler.com
rkaecher@littler.com
jfielding@littler.com
bcrowell@littler.com
LIONEL PIERRE: Muhammad Suit Seeks to Certify Class of Inmates
--------------------------------------------------------------
In the class action lawsuit captioned as Imhotep Abdullah Muhammad,
et al., v. Lionel Pierre (DCP) et al., Case No. 1:24-cv-02077-DFB
(M.D. Pa.), the Plaintiffs ask the Court to enter an order:
-- Certifying a class of:
"All current and former inmates housed at Dauphin County Prison
at
any time during the relevant period who were subjected to
unconstitutional living conditions and inadequate medical care
by
PrimeCare Medical, Inc. and its agents, including but not
limited
to Lionel Pierre, in violation of their constitutional and
statutory rights."
-- Appointing Plaintiff as class representative; and
-- Appointing Plaintiff's counsel as class counsel.
The class action arises from the Defendants' systemic denial of
constitutionally adequate medical care to inmates housed at Dauphin
County Prison, in violation of the Eighth Amendments of the U.S.
Constitution, 42 U.S.C. section 1983, and Pennsylvania state law.
A copy of the Plaintiffs' motion dated Dec. 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ymt7G4 at no extra
charge.[CC]
The Plaintiff appears pro se.
MARSH & MCLENNAN: Leave to Appeal Class Cert Bid Denial Tossed
--------------------------------------------------------------
In the class action lawsuit captioned as Nancy Bohnak, on behalf of
herself and all others similarly situated, v. Marsh & McLennan
Companies, Inc., and Marsh & McLennan Agency LLC, Case No.
1:21-cv-06096-AKH (S.D.N.Y.), the Hon. Judge Alvin Hellerstein
entered an order denying leave to appeal the denial of class
certification and the Defendants having indicated an intention to
move to dismiss the complaint for failure to satisfy jurisdictional
requirements as to amount in suit.
-- The Defendants shall now file such a motion by Jan. 17, 2025.
-- The Plaintiff shall file her opposition brief by Feb. 6, 2025.
-- The Defendant shall file her opposition brief by Feb. 13,
2025.
Marsh McLennan is a global professional services firm,
headquartered in New York City with businesses in insurance
brokerage, risk management, and reinsurance.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hrtbFr at no extra
charge.[CC]
MCGRAW HILL: Case Management & Scheduling Order Entered in Flynn
----------------------------------------------------------------
In the class action lawsuit captioned as SEAN FLYNN, et al., v.
MCGRAW HILL LLC, et al., Case No. 1:21-cv-00614-LGS-BCM (S.D.N.Y.),
the Hon. Judge Barbara Moses entered an order a case management and
scheduling order as follows:
1. Fact Discovery.
All remaining fact discovery required for either class
certification or summary judgment must be completed no later
than Apr. 30, 2025.
Discovery previously designated "Stage Two" (that is, fact
discovery regarding individual putative class members) may
now
proceed, to the extent reasonably required in advance of
either
plaintiffs' anticipated class certification motion or
defendants' anticipated summary judgment motion.
2. Expert Discovery.
Disclosure of expert evidence offered for the purpose of
pursuing or opposing class certification, including the
identities and written reports of experts, as required by
Fed.
R. Civ. P. 26(a)(2)(A), (B), or (C), shall be made no later
than
Feb. 3, 2025. Disclosure of expert evidence intended solely
to
contradict or rebut expert evidence on the same subject
matter
disclosed by the opposing party shall be made no later than
March 4, 2025.
Deposition of the disclosed experts must be completed no
later
than April 30, 2025.
3. Status Conference.
Judge Moses will hold a status conference on Feb. 11, 2025,
at
11:00 a.m. No later than Feb. 7, 2025, the parties shall
submit
a joint status letter outlining the progress of discovery to
date; identifying any discovery disputes not previously
raised
by letter-motion in accordance with Local Civ. R. 37.2 and
Moses
Ind. Prac. section 2(b); and advising the Court whether any
party believes that expert discovery is required for any
purpose
other than class certification. The parties should also
advise
the Court whether settlement efforts are ongoing, and whether
the Court can assist those efforts.
McGraw Hill is an American learning science company that provides
educational content, software, and services for students and
educators.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=etGEup at no extra
charge.[CC]
MDL 2566: Denial of Class Certification Sought
-----------------------------------------------
In the class action lawsuit Re: Telexfree Securities Litigation,
Case No. 4:14-md-02566-NMG ( D. Mass.), the Defendants ask the
Court to enter an order denying class certification In Arizona
Member Case (No. 15-Cv-13614).
The Defendants Dustin Sparman and Vantage Payments, LLC, move to
have class certification denied under Fed. R. Civ. P. 23.
In support of this Motion, and in, compliance with Local Rule
7.1(b)(1), Defendants incorporate by reference their accompanying
Memorandum of Law filed contemporaneously.
A copy of the Defendants' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=p8Q8z8 at no extra
charge.[CC]
The Defendants are represented by:
Gary L. Crandell, Esq.
1587 S. Krameria St.
Denver, CO 80224
Telephone: (303) 359-3930
E-mail: gcrandellpc@gmail.com
- and -
Richard A. Westfall, Esq.
WESTFALL LAW, LLC
5842 W. Marquette Dr
Denver, CO 80235
Telephone: (720) 904-6022
E-mail: rwestfall@westfall.law
MERIT ENERGY: GOP Seeks Final Certification of Settlement Class
---------------------------------------------------------------
In the class action lawsuit captioned as GOP, LLC, on behalf of
itself and all others similarly situated, v. Merit Energy Company,
LLC, Case No. 6:22-cv-00278-JAR (E.D. Okla.), the Plaintiff asks
the Court to enter the proposed Judgment:
-- The proposed Judgment grants:
(1) final certification of the Settlement Class;
(2) final approval of the Settlement as fair, reasonable, and
adequate, and in the best interests of the Settlement
Class;
and
(3) final approval of the Notice to Class Members.
Class Representative and Class Counsel also request that the Court
enter the proposed Initial Plan of Allocation Order to govern the
allocation and distribution of the Net Settlement Fund to Class
Members.
In sum, the form, manner, and content of the Notice campaign were
the best practicable notice, and their contents were reasonably
calculated to, and did, apprise Class Members of the pendency and
nature of the Settlement and affords them an opportunity to opt out
or object. Therefore, the Court should grant final approval of the
Notice given to the Settlement Class here.
The Court already certified the following Settlement Class:
"All non-excluded persons or entities who during the Claim
Period:
(1) received an Untimely Payment from Merit for oil and gas
proceeds from Oklahoma wells, or on whose behalf an Untimely
Payment was sent as unclaimed property to a government entity
by
Merit; and (2) whose proceeds did not include the statutory
interest required by the PRSA."
Excluded from the Class are: (1) Merit, its affiliates,
predecessors, and employees, officers, and directors; and (2)
agencies, departments, or instrumentalities of the United
States
of America or the State of Oklahoma; (3) Publicly traded oil
and
gas companies and their affiliates and subsidiaries; (4) any
Indian Tribe as defined at 30 U.S.C. section 1702(4) or Indian
allotee as defined at 30 U.S.C. section 1702(2); (5) any
officers
of the Court; (6) persons previously paid interest by Merit.
"Untimely Payment" means a payment of proceeds from the sale of
oil or gas production produced from an Oklahoma well after the
statutory periods identified in Okla. Stat. tit. 52, section
570.10(B)(1) or (2). Untimely Payments do not include: (a)
payments of proceeds equal to or less than $25.00; (b) prior
period adjustments; (c) payments made on or before Sept. 29,
2017,
or on or after May 1, 2024; and (d) joint interest billing
netted
amounts.
The "Claim Period" means checks or payments made or issued by
Merit Energy Company, LLC, dated between Sept. 30, 2017,
through
April 30, 2024, subject to the terms of the Settlement
Agreement
regarding Released Claims.
Merit is a private oil and gas operator in the United States.
A copy of the Plaintiff's motion dated Dec. 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6JkR8x at no extra
charge.[CC]
The Plaintiff is represented by:
Randy C. Smith, Esq.
RANDY C. SMITH AND ASSOCIATES
One Leadership Square, Suite 1310
211 North Robinson Ave.
Oklahoma City, OK 73102
Telephone (405) 212-2786
Facsimile (405) 232-6515
E-mail: randy@rcsmithlaw.com
– and –
David R. Gleason, Esq.
MORICOLI KELLOGG & GLEASON, P.C.
One Leadership Square, Suite 1350
211 N. Robinson
Oklahoma City, OK 73102
Telephone: (405) 235-3357
Facsimile: (405) 232-6515
E-mail: dgleason@moricoli.com
MICROSOFT CORP: Class Cert Bid Filing Modified to Oct. 9, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as JANE DOE, Individually and
on Behalf of All Others Similarly Situated, v. MICROSOFT
CORPORATION, a Washington Corporation; QUALTRICS INTERNATIONAL
INC., a Delaware Corporation; and QUALTRICS LLC, a Delaware Limited
Liability Company, Case No. 2:23-cv-00718-RSM (W.D. Wash.), the
Hon. Judge Ricardo Martinez entered an order directing the Clerk to
enter a new scheduling order in accordance with the deadlines
listed below:
Case Event New Deadline
Deadline for parties to serve expert July 28, 2025
report(s) relevant for class
certification:
Deadline for any rebuttal expert report(s) Aug. 20, 2025
relevant for class certification:
Deadline for joinder of additional parties Aug. 26, 2025
and to amend pleadings:
Deadline to file/serve Plaintiff's motion Oct. 9, 2025
for class certification:
Deadline for Defendants' response to be Nov. 26, 2025
filed/served to Plaintiff's motion for
class certification:
Deadline for Plaintiff's reply in support Dec. 19, 2025
of class certification
The Court will set the remaining dates, including a discovery
cutoff, after its ruling on Plaintiff's motion for class
certification.
Microsoft is an American multinational corporation and technology
company.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6hxOsb at no extra
charge.[CC]
The Plaintiff is represented by:
Alexander A. Baehr, Esq.
Molly J. Gibbons, Esq.
SUMMIT LAW GROUP, PLLC
315 Fifth Avenue S., Suite 1000
Seattle, WA 98104
E-mail: alexb@summitlaw.com
mollyg@summitlaw.com
- and -
Ekwan E. Rhow, Esq.
Marc E. Masters, Esq.
Barr Benyamin, Esq.
BIRD, MARELLA, BOXER, WOLPERT,
NESSIM, DROOKS, LINCENBERG, RHOW PC
1875 Century Park East, 23rd Floor
Los Angeles, CA 90067
Telephone: (310) 201-2100
E-mail: erhow@birdmarella.com
mmasters@birdmarella.com
bbenyamin@birdmarella.com
- and -
Jonathan M. Rotter, Esq.
Kara M. Wolke, Esq.
Pavithra Rajesh, Esq.
Holly K. Nye, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
E-mail: jrotter@glancylaw.com
kwolke@glancylaw.com
prajesh@glancylaw.com
hnye@glancylaw.com
The Defendants are represented by:
Gregory L. Watts, Esq.
Tyre L. Tindall, Esq.
Victor Jih, Esq.
WILSON SONSINI GOODRICH & ROSATI, P.C.
701 Fifth Avenue, Suite 5100
Seattle, WA 98104-7036
E-mail: gwatts@wsgr.com
ttindall@wsgr.com
vjih@wsgr.com
- and -
Phillip J. Wiese, Esq.
Ezra D. Church, Esq.
MORGAN, LEWIS & BOCKIUS LLP
2222 Market Street
Philadelphia, PA 19103
E-mail: ezra.church@morganlewis.com
phillip.wiese@morganlewis.com
- and -
Fred Burnside, Esq.
Xiang Li, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
E-mail: fredburnside@dwt.com
xiangli@dwt.com
MONONGALIA COUNTY, WV: Faces Suit Over Free Speech Rights Violation
-------------------------------------------------------------------
CHRIS PETERSON and BECKY RODD, on their behalf and on behalf of all
others similarly situated, Plaintiffs v. TOM BLOOM, JEFFREY ARNETT,
and SEAN SIKORA, MONONGALIA COUNTY COMMISSIONERS, in their official
capacities, and PERRY PALMER, MONONGALIA COUNTY SHERIFF, in his
official capacity, Defendants, Case No. 1:24-cv-00110-TSK
(N.D.W.V., December 4, 2024) is a class action brought by the
Plaintiffs pursuant to 42 U.S.C. Section 1983 to enforce rights
granted them by the First and Fourteenth Amendments to the United
States Constitution.
In recent years, some communities -- motivated by a desire to stop
the poor and homeless from soliciting donations in highly-visible
public locations -- have passed laws outlawing the exercise of some
or all types of protected speech in certain traditional public
fora. The Plaintiffs are persons who regularly in the past used,
and wish to continue using, traditional public fora along certain
public roads, in certain highway medians, and at certain
intersections in Monongalia County, West Virginia, to exercise
their free speech rights.
According to the complaint, the Plaintiffs are banned from
exercising these free speech rights in these fora by Monongalia
County Ordinance 2023-1, and by the Defendants' broad application
and enforcement of the Ordinance within "Areas of Concern" enacted
by fiat without public hearing or formal vote.
Individual Plaintiff Peterson also seeks damages in his individual
capacity for injuries inflicted upon him by the Defendants'
unconstitutional harassment and prosecution of him under the
Ordinance, resulting in an ongoing infringement and deprivation of
their fundamental rights, says the suit.
Defendants Tom Bloom, Jeffrey Arnett, and Sean Sikora are the duly
elected Commissioners of Monongalia County, West Virginia, a
political subdivision of the State of West Virginia.[BN]
The Plaintiffs are represented by:
Lesley M. Nash, Esq.
Gary M. Smith, Esq.
MOUNTAIN STATE JUSTICE, INC.
1029 University Ave., Suite 101
Morgantowin, WV 26505
Telephone: (304) 326-0188
Facsimile: (304) 326-0189
E-mail: lesley@msjlaw.org
gary@msjlaw.org
MONTEREY COUNTY, CA: Fact Discovery in Diggs Due Oct. 10, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as CHERYL DIGGS, v. COUNTY OF
MONTEREY, and others, Case No. 5:24-cv-06565-NC (N.D. Cal.), the
Hon. Judge Nathanael Cousins entered an order vacating the Dec.18
case management conference (CMC) and issuing the case schedule set
below.
-- Initial disclosures FRCP 26(a)(1) by: Dec. 31,
2024
-- File proposed protective order for Jan. 17,
2025
discovery, if one is desired:
-- File proposed ESI protocol, if one is Jan. 17,
2025
desired by:
-- Deadline to amend pleadings or add Jan. 31,
2025
parties without leave of Court:
-- Next CMC: April 30,
2025
-- Joint update due: April 23,
2025
-- Fact discovery deadline: Oct. 10,
2025
-- Opening expert reports and disclosures: Nov. 14,
2025
-- Rebuttal expert reports to be used for Dec. 12,
2025
class certification:
-- Expert discovery deadline: Jan. 23,
2026
-- Deadline to file Motions for Summary Feb. 20,
2026
Judgment:
-- Deadline to file Daubert motions to Feb. 20,
2026
exclude experts:
-- Pretrial Conference filings, including Aug. 12,
2026
motions in limine:
-- Pretrial Conference: Aug. 26, 2026
Monterey is a county located on the Pacific coast in the U.S. state
of California.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oAFKrg at no extra
charge.[CC]
NATIONAL GENERAL: King Suit Seeks Rule 23 Class Certification
-------------------------------------------------------------
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 Plaintiffs,
on March 13, 2025, will move the Court for class certification
pursuant to Federal Rule of Civil Procedure 23.
The Defendants, and the agents and representatives they jointly
controlled, failed to cross-offer or sell any GDD policies
throughout the Class Period in direct violation of their statutory
duties under section 1861.16(b).
The proposed class representatives are Diedre King and Edd King.
The Class they seek to represent consists of:
"National General policyholders who purchased California GDD
private passenger automobile policies, including renewals, and
did not receive the lowest available GD rate during a Class
Period
defined as: Jan. 22, 2011, to present (NGIC, INIC, IPIC, and
MICG); and April 19, 2013, to July 18, 2014 (PEIC).
Excluded from the Class are: (1) policyholders who obtained
their
policies through an insurance broker, (2) directors, officers,
and
management employees of Defendants, (3) counsel of record and
their employees and their immediate families, and (4) any judge
assigned to this case and their staff.
National General is a Winston-Salem, North Carolina-based property
and casualty insurance company.
A copy of the Plaintiffs' motion dated Dec. 12, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YDqet1 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
NATIONAL GRID: Nightingale Seeks More Time to File Class Cert Reply
-------------------------------------------------------------------
In the class action lawsuit captioned as ROBERT NIGHTINGALE, on
Behalf of Himself and all others similarly situated, v. NATIONAL
GRID USA SERVICE COMPANY, INC., FIRST CONTACT LLC, and IQOR US
INC., Case No. 1:19-cv-12341-NMG (D. Mass.), the Plaintiff asks the
Court to enter an order extending the time by which the Plaintiff
may submit his reply in further support of his renewed motion for
class certification to Jan. 6, 2025.
Due to scheduling conflicts and the upcoming holidays, Plaintiff
needs additional time beyond the Dec. 20, 2024, reply deadline to
address the arguments raised by the Defendants in opposition to
certification.
Counsel for the Plaintiff has conferred with counsel for the
Defendant who consent to this request.
On Oct. 11, 2024, Plaintiff filed his renewed motion for class
certification.
On Dec. 6, 2024, the Defendants filed their opposition.
National Grid distributes electricity and gas energy.
A copy of the Plaintiff's motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1Ermov at no extra
charge.[CC]
The Plaintiff is represented by:
Sergei Lemberg, Esq.
Stephen Taylor, Esq.
LEMBERG LAW, LLC
43 Danbury Road, 3rd Floor
Wilton, CT 06897
Telephone: (203) 653-2250
E-mail: slemberg@lemberglaw.com
staylor@lemberglaw.com
NATIONSTAR MORTGAGE: Laramee Files Suit in Mass. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Nationstar Mortgage,
LLC. The case is styled as Thomas Laramee, individually and on
behalf of all others similarly situated v. Nationstar Mortgage, LLC
D/B/A Mr. Cooper, Case No. 2479CV00752 (Mass. Super. Ct., Hampden
Cty., Dec. 11, 2024).
The case type is stated as "Contract / Business."
Nationstar Mortgage LLC, doing business as Mr. Cooper --
https://www.mrcooper.com/ -- offers mortgage services.[BN]
The Plaintiffs are represented by:
Jeffrey Morneau, Esq.
CONNOR AND MORNEAU, LLP
273 State St., Second Floor
Springfield, MA 01103
Phone: (413) 455-1730
NEWREZ LLC: Settlement in Yates Suit Gets Initial Nod
-----------------------------------------------------
In the class action lawsuit captioned as IRENE YATES, v. NEWREZ LLC
d/b/a SHELLPOINT MORTGAGE SERVICING, Case No. 8:21-cv-03044-TJS (D.
Md.), the Hon. Judge Timothy Sullivan entered an order
preliminarily approving class action settlement, scheduling a
hearing for final approval thereof, and approving the proposed
forms and program of notice to the settlement class:
The Settlement Class is defined as:
"All persons with residential mortgage loans secured by real
property in Maryland, which were serviced by Shellpoint, for
which
Shellpoint imposed one or more Property Inspection Fee(s) since
January 2014."
The Settlement Class member transactions shall consist of two
subclasses:
Subclass A:
"All Settlement Class members whose Property Inspection Fee
claims
were not tolled by the October 30, 2020 class action filing of
Parker v. Goldman Sachs Mortgage Company Limited Partnership et
al,
Case No. 8:20-cv-03581-ADC.
Subclass B:
"All Settlement Class members whose Property Inspection Fee
claims
were tolled by the October 30, 2020 class action filing of
Parker
v. Goldman Sachs Mortgage Company Limited Partnership et al,
Case
No. 8:20-cv-03581-ADC..
Irene Yates and Alice Mejia are confirmed and appointed as Class
Representatives for the Settlement Class.
The Court appoints Phillip Robinson, Thomas Minton, and Scott
Borison to represent the Settlement Class for purposes of the
Settlement, having determined that the requirements of Federal Rule
of Civil Procedure 23 (a)(4) and (g) are fully satisfied by this
appointment.
Newrez is a national wholesale mortgage lender that offers agency
and non-agency lending solutions to brokers and community banks.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZEiOWP at no extra
charge.[CC]
NEXION HEALTH: Class Cert Bid Filing in Devore Due August 13, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as LATOYA DEVORE, AS
REPRESENTATIVE OF CYNTHIA DEVORE, INDIVIDUALLY, AND ON BEHALF OF
ALL OTHERS SIMILARLY SITUATED, RICHARD HAMILTON, INDIVIDUALLY, AND
ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, V. NEXION HEALTH AT
MARRERO, INC. D/B/A MARRERO HEALTHCARE CENTER AND NEXION HEALTH OF
OHI, INC., Case No. 2:24-cv-00481-GGG-EJD (E.D. La.), the Hon.
Judge Greg Gerard Guidry entered an order that the following
Scheduling Order specific to the preparation of certification of
the putative class is adopted by the Court:
-- Plaintiff will notice and complete the Federal Rule of Civil
Procedure 30(b)(6) deposition of Nexion Health at Marrero,
Inc.
d/b/a Marrero Healthcare Center’s corporate witness(es),
possibly
Don Sowell, by Feb. 28, 2025;
-- Defendants will propound written discovery upon plaintiffs no
later than Jan. 31, 2025;
-- Defendants will notice and complete the depositions of
plaintiffs,
Latoya Devore, as representative of Cynthia Devore, and Richard
Hamilton by March 31, 2025;
-- The parties will complete any depositions of additional fact
witnesses identified through discovery, as well as any
remaining
written discovery, pertaining to class certification by May 30,
2025;
-- Plaintiffs will submit their Motion for Class Certification no
later than June 30, 2025; and,
-- Defendants will submit any opposition to Plaintiffs' Motion for
Class Certification by July 31, 2025.
-- The Motion for Class Certification will be submitted to the
Court
on Aug. 13, 2025.
Nexion provides healthcare services.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gvcd4j at no extra
charge.[CC]
NITEO PRODUCTS: Crumwell Seeks Equal Website Access for the Blind
-----------------------------------------------------------------
DENISE CRUMWELL, individually and on behalf of all others similarly
situated, Plaintiff v. NITEO PRODUCTS, LLC, Defendant, Case No.
1:24-cv-09675 (S.D.N.Y., Dec. 16, 2024) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://ozium.com/, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
ONIX GROUP: Settlement Deal in Data Breach Suit Gets Final Nod
---------------------------------------------------------------
In the class action lawsuit RE ONIXGROUP, LLC DATA BREACH
LITIGATION, Case No. 2:23-cv-02288-KSM (E.D. Pa.), the Hon. Judge
entered an order granting the Plaintiffs' motion for final approval
of the class settlement agreement.
The Court also entered an order approving the Plaintiffs' request
for an award of attorneys' fees, reimbursement of expenses to class
counsel, and a service award in the revised amount of $500 to each
class representative.
Accordingly, the Court finds the GMC, Girsh, and Prudential factors
all weigh in favor of finding the class action settlement “fair,
reasonable, and adequate."
Having considered the Gunter/Prudential factors and the lodestar
crosscheck, the Court finds that the fee request of $416,666.66 is
reasonable. Thus, the Court will approve a payment of $416,666.66
to class counsel as attorneys' fees.
The settlement agreement identifies the following settlement class:
"All 308,942 natural persons whose Private Information was
compromised in the Data Breach and who have not been confirmed
to
be deceased."
Excluded from the Settlement Class are: (1) the Judges
presiding
over the Action and members of their immediate families and
their
staff; (2) Onix, its subsidiaries, parent companies,
successors,
predecessors, and any entity in which Onix or its parents, have
a
controlling interest, and its current or former officers and
directors; (3) natural persons who properly execute and submit
a
Request for Exclusion prior to the expiration of the Opt-Out
Period; and (4) the successors or assigns of any such excluded
natural person.
The Plaintiffs allege that the Defendant failed to adequately
safeguard sensitive personal information entrusted to it by its
customers, despite the foreseeability of a data breach.
Onix provides powerful cloud-based web solutions and AI integration
services.
A copy of the Court's memorandum dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Mxbwd4 at no extra
charge.[CC]
OXY USA: Filing for Class Cert Bid in Cherry Suit Due Jan. 9, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as Cherry Rider Family Trust,
et al., v. OXY USA, Inc., et al., Case No. 6:23-cv-01274 (D. Kan.,
Filed Dec. 29, 2023), the Hon. Judge Kathryn H. Vratil entered an
order extending the remaining Phase I deadlines as follows:
(1) the Motion for Class Certification must Jan. 9,
2025
be filed by:
(2) Responses to the Motion for Class March 21,
2025
Certification must be filed by:
(3) the Reply in Support of the Motion for April 28,
2025
Class Certification must be filed by:
The nature of suit states Diversity-Breach of Contract.
OXY USA Inc explores for, develops, produces, and markets crude oil
and natural gas.[CC]
PHONE LCD: Seeks Revised Briefing Schedule in Bilir Class Suit
--------------------------------------------------------------
In the class action lawsuit captioned as Faruk Bilir, v. Phone LCD
Parts, LLC, et al., Case No. 2:23-cv-13643-ES-MAH (D.N.J.), the
Defendants ask the Court to enter an order granting revised
briefing schedule:
1. The Defendants to oppose Plaintiffs' motion by Jan. 16, 2025;
2. Plaintiffs to reply by Jan. 30, 2025; and
3. The motion return date be adjourned to Feb. 6, 2025.
In addition, since Plaintiffs' motion for conditional certification
was recently filed, the parties respectfully request an extension
of time to complete discovery, including party depositions, to a
date after said motion has been decided by the Court.
The parties propose to set the end of discovery date to 60 days
following the Court's decision on the motion.
The current end of discovery date is Dec. 16, 2024. We thank the
Courts' time and attention to this matter.
Phone LCD Parts provides wholesale cell phone, LCD, and mobile
device replacement parts to organizations.
A copy of the Defendants' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZvnAn3 at no extra
charge.[CC]
The Defendants are represented by:
Rudy A. Dermesropian, Esq.
LAW OFFICE OF RUDY A. DERMESROPIAN, LLC
810 Seventh Avenue, Suite 405
New York, NY 10019
Telephone: (646) 586-9030
Facsimile: (646) 586-9005
E-mail: rad@dermesropianlaw.com
PJR DRYWALL: Fails to Pay Proper Wages, Cruz Suit Alleges
---------------------------------------------------------
LESTHER ANTONIO REYES CRUZ; CRISTHIAM CESI REYES MARADIAGA; HASSAN
ABEL VALLEJOS AVILA; OLMAN ANTONIO CRUZ BAEZ; JELSIN MANUEL
CALDERON ARCE; RAMON ENRIQUE CALDERON BETANCO; JOSE SANTOS VINDELL;
and NOE ISRAEL BLANDON CALDERON, individually and on behalf of all
others similarly situated, Plaintiffs v. PJR DRYWALL CONSTRUCTION
INC.; W AND A DRYWALL CORP.; JOSE PEDRO JUAREZ RODRIGUEZ; and
GILBERTO JUAREZ, Defendants, Case No. 1:24-cv-08567-RPK-MMH
(E.D.N.Y., Dec. 16, 2024) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
The Plaintiffs were employed by the Defendants as construction
workers.
PJR Drywall Construction Inc. is a drywall, lath, and plaster
contracting firm that specializes in restoring and building
projects. [BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
POLITICO LLC: Shares Info With Third-Party Trackers, Deddeh Says
----------------------------------------------------------------
JOHN DEDDEH, individually and on behalf of class of similarly
situated individuals, Plaintiff v. POLITICO LLC, Defendant, Case
No. 3:24-cv-08745 (N.D. Cal., December 4, 2024) arises from the
Defendant's violations of the California Computer Data Access and
Fraud Act, the California Invasion of Privacy Act, and the right to
privacy the California Constitution.
This class action lawsuit arises out of Defendant's policy and
practice during the proposed Class Period of embedding and using
various trackers on Defendant's website, www.Politico.com, to (1)
install and store third-party tracker cookies on website users'
browsers and (2) collect website users' browser and device data as
well as personally identifying information, such as IP addresses,
that Politico website then surreptitiously discloses to and shares
with the third-party trackers. The Defendant did all of this
without users' knowledge, authorization, or consent, says the
suit.
The Plaintiff and Class Members who visited the Politico website
during the proposed Class Period expected that their personally
identifying information, including their IP addresses, would remain
private and confined to their use of the Politico website. The
Plaintiff and Class Members had a reasonable expectation that their
accessing of and interactions with the Politico website during the
proposed Class Period would not be shared with any third parties,
let alone to undisclosed third-party trackers, or sold for
advertising purposes, the suit asserts.
Politico LLC is an American digital newspaper company that owns and
operates the website.[BN]
The Plaintiff is represented by:
Timothy D. Cohelan, Esq.
Isam C. Khoury, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101
Telephone: (619) 595-3001
Facsimile: (619) 595-3000
E-mail: tcohelan@ckslaw.com
ikhoury@ckslaw.com
- and -
Patrick N. Keegan, Esq.
KEEGAN & BAKER, LLP
2292 Faraday Avenue, Suite 100
Carlsbad, CA 92008
Telephone: (760) 929-9303
Facsimile: (760) 929-9260
E-mail: pkeegan@keeganbaker.com
PREMIER LAW: Class Cert. Hearing Reset to Feb. 18, 2025
-------------------------------------------------------
In the class action lawsuit captioned as ALEX GOLDOVSKY, GLYNN
FRECHETTE, JOHN KRUPEY, KRISTIN SCHARF, v. MAURICIO J. RAULD,
PREMIER LAW GROUP, TIMOTHY B. GERTZ, PV ADVISORS, PLC, CITIZENS &
NORTHERN BANK, WELLS FARGO BANK, N.A. Case No.
6:24-cv-00159-ADA-DTG (W.D. Tex.), the Hon. Judge Derek Gilliland
entered an order resetting class certification hearing held in
person on Tuesday, Feb. 18, 2025 at 09:30 AM (2 hour time block).
https://writenewsnow.com/wp-admin/about.php
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QiJV3r at no extra
charge.[CC]
PTT LLC: H5E Wins Summary Judgment vs Larsen
--------------------------------------------
In the class action lawsuit captioned as RICK LARSEN, individually
and on behalf of all others similarly situated, v. PTT, LLC, doing
business as High 5 Games, LLC; HIGH 5 ENTERTAINMENT LLC, Case No.
3:18-cv-05275-TMC (W.D. Wash.), the Hon. Judge Tiffany Cartwright
entered an order that H5E's motion for summary judgment is granted
and Larsen's claims against H5E for those alleged violations are
dismissed without prejudice.
-- Larsen's cross-motion for partial summary judgment is denied as
moot. Defendant H5E's motion to exclude testimony and opinions
of
Plaintiff's expert Shawn Davis is also denied as moot.
-- Because Larsen also lacks standing to pursue his claims for
injunctive relief, his motion for permanent injunction is
denied
and the claims for injunctive relief are dismissed without
prejudice.
-- Because Plaintiff Rick Larsen lacks standing to sue H5E for its
own violations of the RMLGA and CPA after it took over
operations
of H5G's social casino games, the Court does not have
jurisdiction
over those claims.
-- On April 6, 2018, the Plaintiff filed his original complaint
against H5G seeking certification of a class of all persons in
Washington who purchased and lost virtual coins playing H5G's
social casino games.
Mr. Larsen purchased virtual coins while in Washington after April
9, 2014, but before October 1, 2022. His last social casino game
transaction appears to be June 23, 2022.
PTT, LLC doing business as High 5 Games, operates as an independent
casino games provider.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=apD66h at no extra
charge.[CC]
QUIET SERVICES: Kielan Seeks to Recover OT & Tips Under FLSA
------------------------------------------------------------
KRZYSZTOF KIELAN, individually and on behalf of Others similarly
situated v. QUIET SERVICES, INC. d/b/a GOLDEN CLASS LIMO, and MOSA,
IBRAHIM, Case No. 1:24-cv-08433 (E.D.N.Y., Dec. 9, 2024) seeks to
recover unpaid overtime and misappropriated tips for the Plaintiff
and his similarly situated co-workers who have worked for the
Defendants in the State of New York as Drivers based upon
Defendants' violation of the Fair Labor Standards Act, New York
Labor Law, and appropriate rules and regulations.
When hired by Quiet Services, the Plaintiff told he would work
10-hour shifts. Instead, the Plaintiff, and others similarly
situated, consistently worked 15 to 18 hour work days, six or seven
days a week, without receiving their proper compensation and
premium overtime pay for all the hours he worked.
Quiet Services would compensate the Plaintiff at a flat rate for
trips that were intended to be calculated at an hourly basis, or
would compensate the Plaintiff for less hours than he worked. Quiet
Services failed to compensate the Plaintiff for his time waiting
for passengers or his travel time to or from customer rides, the
Plaintiff avers.
Quiet Services also unlawfully deducted from Plaintiff's wages and
failed to remit the full-value of Plaintiff's tips, in that Quiet
Services retained tips from customers paying gratuities by credit
card, and did not provide them to its Drivers, even though a
reasonable customer would believe that the gratuities were intended
only for the Driver, adds the Plaintiff.
This lawsuit also seeks to recover unpaid wages owed to the
Plaintiff in breach of the employment agreement between Plaintiff
and the Defendants. Lastly, this lawsuit seeks to recover damages
for the mental anguish that the Defendants intentionally caused the
Plaintiff to suffer.
Quiet Services hired Plaintiff and all other similarly situated
drivers to transport the Defendants' customers in its buses, vans,
and other vehicles.
Golden Class Limo offers a full range of luxury, chauffeured
transportation in New York and the Tri-state area.[BN]
The Plaintiff is represented by:
Lawrence F. Morrison, Esq.
Joshua S. Androphy, Esq.
MORRISON TENENBAUM PLLC
87 Walker Street, Fl. 2
New York, NY 10013
E-mail: lmorrison@m-t-law.com
jandrophy@m-t-law.com
RAMA KINJAL: Property Has Architectural Barriers, Cheli Says
------------------------------------------------------------
CHARLENE CHELI, an Individual v. RAMA KINJAL LLC, a New Jersey
Limited Liability Company, & VINELAND DOUNTS INC, a New Jersey
Corporation, Case No. 1:24-cv-10983 (D.N.J., Dec. 9, 2024) is a
class action seeking for injunctive relief, damages, attorney's
fees, litigation expenses, and costs pursuant to the Americans with
Disabilities Act and the New Jersey Law Against Discrimination.
The suit alleges that the Defendants have discriminated against the
Plaintiff, and other similarly situated mobility impaired persons,
by denying access to, and full and equal enjoyment of, the goods,
services, facilities, privileges, advantages and/or accommodations
of the Property, as prohibited by the ADA.
The Plaintiff has visited the Property on many occasions over the
years, her last visit as a patron of the Property occurred on Sept.
20, 2024. Ms. Cheli visited the Property as a bone fide patron with
the intent to avail herself of the goods and services offered to
the public within but found that the Property was rife with
violations of the ADA – both in architecture and in policy, the
suit says.
Ms. Cheli has personally encountered exposure to architectural
barriers and otherwise harmful conditions that have endangered her
safety at the Property.
Ms. Cheli has been diagnosed with facioscapulohumeral muscular
dystrophy and therefore has a physical impairment that
substantially limits many of her major life activities including
not being able to walk, stand, reach, or lift. Ms. Cheli requires,
at all times, the use of a wheelchair to ambulate.
Rama Kinjal owns a parcel of land which encompasses a place of
public accommodation.[BN]
The Plaintiff is represented by:
Jon G. Shadinger Jr., Esq.
SHADINGER LAW, LLC
2220 N East Ave
Vineland, NJ 08360
Telephone: (609) 319-5399
E-mail: js@shadingerlaw.com
RAYMOND JAMES: Faces Cunningham Suit Over Bank Deposit Program
--------------------------------------------------------------
KIMBERLY CUNNINGHAM, AS CONSERVATOR OF THE PATRICIA M. FREEMAN IRA,
individually and on behalf of all others similarly situated v.
RAYMOND JAMES FINANCIAL, INC., RAYMOND JAMES TRUST COMPANY OF NEW
HAMPSHIRE, RAYMOND JAMES & ASSOCIATES, INC., and RAYMOND JAMES
FINANCIAL SERVICES, INC. Case No. 8:24-cv-02843 (M.D. Fla., Dec. 9,
2024) is a case arising from Defendants' exploitative and unfair
implementation of their Raymond James Bank Deposit Program
("RJBDP"), resulting in the breach of Defendants' fiduciary duties
owed to the Plaintiff and similarly situated retirement account
investors as their investment advisors and their contractual
obligation pay a "fair and reasonable" rate of interest for
"retirement accounts."
The suit says that the Defendants breached their fiduciary duties
when they placed their customers' cash in low interest-bearing
accounts held by their own Affiliated Banks and then pocketed the
unpaid interest as additional profit.
The Defendants failed to adequately disclose to its customers that,
as to the Cash Sweep Program, it was essentially providing a
kickback to its own affiliates at its customers' expense.
Specifically, the Defendants shortchanged their customers for their
and their affiliates' benefit by negotiating with the Affiliated
Banks one-sided transactions that swept cash into exceedingly
low-interest accounts. The Defendants failed to disclose and
discuss these conflicted transactions, much less obtain informed
consent from its customers and principals, the suit adds.
The Plaintiff brings this action individually and on behalf of a
Class of similarly situated individuals for breach of fiduciary
duty, breach of contract, breach of the implied covenant of good
faith and fair dealing, unjust enrichment, and violation of the
Florida Deceptive and Unfair Trade Practices Act ("FDUTPA") to
recover damages arising out of Defendants' violations of the law,
and for such other relief as the Court may deem just and proper.
The Plaintiff is a customer of RJFS, RJ Trust, RJA, and RJFS, and
is a resident and citizen of Louisville, KY.
Raymond James is a financial services firm and holding
company.[BN]
The Plaintiff is represented by:
Scott A. Edelsberg, Esq.
Adam A. Schwartzbaum, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave Suit 417
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
adam@edelsberglaw.com
- and -
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 1205
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON
WEISELBERG GILBERT
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
REPUBLIC SERVICES: Woody's Pizzeria Seek to Certify Classes
-----------------------------------------------------------
In the class action lawsuit captioned as WOODY'S PIZZERIA, INC.,
and COASTAL COMMUNITY FOUNDATION OF SOUTH CAROLINA, INC., v.
REPUBLIC SERVICES, INC. and REPUBLIC SERVICES OF SOUTH CAROLINA,
INC., Case No. 7:22-cv-01242-RMG (D.S.C.), the Plaintiffs ask the
Court to enter an order granting their motion and certifying the
proposed classes.
According to the complaint, the Plaintiffs' proposed Rate Increase
Class and Fees Class satisfy the requirements for class
certification. Numerosity is satisfied as the class exceeds 8,000
members. Numerous common questions exist because Plaintiffs' claims
turn on Republic's YMP Rate Increase and Fee policies and
practices, as well as a standardized Rate Adjustments contractual
provision.
These central common questions outweigh any individual issues which
may arise and therefore satisfies the predominance requirement. The
Plaintiffs' claims are not merely typical of those of the Classes,
but identical, and the interests of Plaintiffs are identical to
those of the Classes.
Class treatment is the superior method for adjudicating this
dispute, and management of this litigation going forward presents
no manageability issues.
The Plaintiffs Seek certification of the following Classes:
-- The Rate Increase Class:
"All entities and people in South Carolina who entered into a
Rate
Adjustments provision that allows for increases to "adjust
for"
increases in costs or CPI and, from June 1, 2018 through the
date
of class notice, paid rates to Republic in excess of those
originally listed in the written contract as a result of
Republic's YMP policy.
-- The Fees Class:
"All entities and people in South Carolina who entered into a
Rate
Adjustments provision that allows for increases to "adjust for"
increases in costs or CPI and, from June 1, 2018 through the
date
of class notice, paid Fuel Recovery Fees and/or Environmental
Recovery Fees to Republic."
The Plaintiffs assert breach of contract claims on behalf of the
Rate Increase Class based on Republic's breach of the express terms
of its contracts, Republic's breach of the implied duty of good
faith and fair dealing, and Republic’s breach of contract
accompanied by a fraudulent act.
Republic provides waste disposal services to customers in 41
states, including South Carolina.
A copy of the Plaintiffs' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=7A3w58 at no extra
charge.[CC]
The Plaintiffs are represented by:
Brian C. Duffy, Esq.
Patrick C. Wooten, Esq.
DUFFY & YOUNG, LLC
96 Broad Street
Charleston, SC 29401
Telephone: (843) 720-2044
E-mail: bduffy@duffyandyoung.com
pwooten@duffyandyoung.com
- and -
Oscar M. Price, IV, Esq.
Nicholas W. Armstrong, Esq.
PRICE ARMSTRONG, LLC
1919 Cahaba Road
Birmingham, AL 35223
Telephone: (205) 208-9588
E-mail: oscar@pricearmstrong.com
nick@pricearmstrong.com
- and -
T. Ryan Langley, Esq.
HODGE & LANGLEY, PC
229 Magnolia Street
Spartanburg, SC 29304
Telephone: (850) 222-2000
E-mail: rlangley@hodgelawfirm.com
- and -
H. Ryan Lutz, Esq.
CORY WATSON PC
2131 Magnolia Avenue South
Birmingham, AL 35205
Telephone: (205) 328-2200
E-mail: rlutz@corywatson.com
ROFESSIONAL RESOURCES: Sued Over Mass Layoff Without Prior Notice
-----------------------------------------------------------------
DAWN DENSON, individually and on behalf of all others similarly
situated, Plaintiff v. ROFESSIONAL RESOURCES MANAGEMENT PSYCHIATRIC
SERVICES, LLC d/b/a BULLOCK COUNTY HOSPITAL, Defendant, Case No.
2:24-cv-00810 (M.D. Ala., Dec. 16, 2024) alleges violation of the
Worker Adjustment and Retraining Notification Act ("Warn Act"), the
Plaintiff seeks to recover from the Defendant up to 60 days wages
and benefits, pursuant to the Warn Act.
According to the complaint, the Defendant failed to provide 60
days' notice prior to terminating 500 or more employees without
cause in a mass layoff, or before terminating 50 or more employees
in a plant closing. The Plaintiff and the Class that were
terminated constituted mass layoffs and a plant closing without the
60 days' notice in direct violation of the Warn Act, says the
suit.
Rofessional Resources Management Psychiatric Services, LLC d/b/a
Bullock County Hospital operates as a hospital which provides
24-hour emergency care, inpatient medical care, physical therapy,
home health services, EKG procedures, CT, X-rays, ultrasound,
mammograms, laboratory tests, and more. [BN]
The Plaintiff is represented by:
Mitchell G. Allen, Esq.
Anthony D. Michel, Esq.
William J. Sinor, Esq.
MICHEL ALLEN & SINOR
1900 International Park Drive Suite 140
Birmingham, AL35243
Telephone: (205) 980-5700
Facsimile: (205) 994-2819
Email: Mitch@mas-firm.com
Anthony@mas-firm.com
William@mas-firm.com
RSDC OF MICHIGAN: Ridge Suit Alleges Failure to Pay Proper Wages
----------------------------------------------------------------
TRISTAN RIDGE, individually and on behalf of all others similarly
situated, Plaintiff v. RSDC OF MICHIGAN, LLC, a Michigan limited
liability company, Defendant, Case No. 1:24-cv-01276 (W.D. Mich.,
December 3, 2024) seeks to recover from the Defendant 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.
According to the complaint, the Defendant maintains an unlawful
practice and policy that pays employees for their scheduled shift
times, and not their punch-in and punch-out times. As a result,
Defendant failed to pay Plaintiff for all time worked.
In each workweek where Plaintiff worked 40 hours or more, the
Defendant's pay practices resulted in an unlawful deprivation of
overtime wages, as provided by the FLSA, says the suit.
The Plaintiff worked for the Defendant as an hourly overhead crane
operator from approximately December 11, 2023 through August 1,
2024.
RSDC of Michigan, LLC operates as a metal coil and blank processing
company.[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
SANMINA CORP: Faces Guerrero Labor Suit in California Court
-----------------------------------------------------------
Sanmina Corporation disclosed in its Form 10-K report for the
fiscal year ended September 28, 2024, filed with the Securities and
Exchange Commission on November 27, 2024, that on September 20,
2024, former employee Frank J. Leon Guerrero filed a class action
in Alameda County Superior Court alleging violations of various
California Labor Code and Wage Order requirements, including
provisions governing overtime, meal and rest periods, minimum wage
requirements, payment of wages during employment, wage statements,
payroll records, and reimbursement of business expenses.
It seeks certification of several classes comprised of all current
and former non-exempt employees who worked for the company
(directly or via a staffing agency) within the State of California
at any time between September 20, 2020 and final judgment, as well
as unspecified damages, penalties, restitution, attorneys, fees,
pre- and post-judgment interest, and costs of suit.
Sanmina Corporation is a global provider of integrated
manufacturing solutions, components, products and repair, logistics
and after-market services for industrial, medical, defense and
aerospace, automotive, communications networks and cloud
infrastructure.
SEAVIEW INSURANCE: Parties Must File Omnibus Administrative Bid
---------------------------------------------------------------
In the class action lawsuit re California Bail Bond Antitrust
Litigation, Case No. 4:19-cv-00717-JST (N.D. Cal.), the Parties ask
the Court to enter an order that:
-- On or before Sept. 11, 2025, three weeks after the conclusion
of
the Parties' class certification related briefing, a
designating
party or non-party seeking to keep any portion of the Class
Certification Material under seal, shall file an Omnibus
Administrative Motion to File Under Seal Regarding the Class
Certification Materials including evidentiary support and a
proposed order in compliance with Civil Local Rule 79-5(c).
-- On or before Sept. 25, 2025, any Party may file a response in
opposition to any Omnibus Administrative Motion to File Under
Seal.
A copy of the Parties' motion dated Dec. 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gkQNrv at no extra
charge.[CC]
The Plaintiffs are represented by:
Dean M. Harvey, Esq.
Katherine Lubin Benson, Esq.
Michelle A. Lamy, Esq.
Miriam E. Marks, Esq.
Emily N. Harwell, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
E-mail: dharvey@lchb.com
kbenson@lchb.com
mlamy@lchb.com
mmarks@lchb.com
eharwell@lchb.com
- and -
Benjamin David Elga, Esq.
JUSTICE CATALYST LAW
25 Broadway, 9th Floor
New York, NY 10004
Telephone: (518) 732-6703
E-mail: belga@justicecatalyst.org
- and -
Stephanie Carroll, Esq.
Ghirlandi Guidetti, Esq.
PUBLIC COUNSEL
610 South Ardmore Avenue
Los Angeles, CA, 90005
Telephone: (213) 385-2977
Facsimile: (213) 201-4722
E-mail: scarroll@publiccounsel.org
gguidetti@publiccounsel.org
- and -
Shennan Kavanagh, Esq.
Jennifer S. Wagner, Esq.
NATIONAL CONSUMER LAW CENTER
7 Winthrop Square, Fourth Floor
Boston, MA 02110-1245
Telephone: (617) 542-8010
Facsimile: (617) 542-8028
E-mail: skavanagh@nclc.org
jwagner@nclc.org
- and -
David Seligman, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, CO 80218
Telephone: (720) 441-2236
E-mail: david@towardsjustice.org
The Defendants are represented by:
Beatriz Mejia, Esq.
Michael A. Attanasio, Esq.
Timothy W. Cook, Esq.
Max Sladek de la Cal, Esq.
COOLEY LLP
55 Hudson Yards
New York, NY 10001
- and -
Julie A. Gryce, Esq.
Michael P. Murphy, Esq.
John Hamill, Esq.
Michael Pullos, Esq.
DLA PIPER LLP (US)
401 B Street, Suite 1700
San Diego, CA 92101-4297
Telephone: (619) 699-2700
E-mail: julie.gryce@dlapiper.com
michael.murphy@dlapiper.com
John.hamill@us.dlapiper.com
Michael.pullos@us.dlapiper.com
- and -
Darryl Anderson, Esq.
Joshua D. Lichtman, Esq.
NORTON ROSE FULBRIGHT US LLP
1301 McKinney, Suite 5100
Houston, TX 77010
Telephone: (713) 651-5562
E-mail: darryl.anderson@nortonrosefulbright.com
joshua.lichtman@nortonrosefulbright.com
- and -
John P. Marino, Esq.
Kristen Wenger, Esq.
RIVKIN RADLER LLP
1301 Riverplace Boulevard, 10th Floor
Jacksonville, FL
Telephone: (904) 792 8925
E-mail: john.marino@rivkin.com
kristen.wenger@rivkin.com
- and -
Anne K. Edwards, Esq.
SMITH, GAMBRELL & RUSSELL, LLP
444 South Flower Street, Suite 1700
Los Angeles, CA 90071
Telephone: (213) 358-7210
E-mail: aedwards@sgrlaw.com
- and -
David F. Hauge, Esq.
Todd H. Stitt, Esq.
Vincent S. Loh, Esq.
MICHELMAN & ROBINSON, LLP
10880 Wilshire Blvd 19th Floor
Los Angeles, CA 90024
- and -
W. Scott Croft, Esq.
DENTONS BINGHAM GREENEBAUM LLP
101 S. Fifth Street, 3500 PNC Tower
Louisville, KY 40202
Telephone: (502) 587-3758
E-mail: scott.croft@dentons.com
- and -
Spencer Y. Kook, Esq.
HINSHAW & CULBERTSON LLP
350 South Grand Ave., Suite 3600
Los Angeles, CA 90071-3476
Telephone: (213) 680-2800
Facsimile: (213) 614-7399
E-mail: skook@hinshawlaw.com
- and -
Gary A. Nye, Esq.
ROXBOROUGH, POMERANCE, NYE & ADREANI,
LLP
5900 Canoga Ave UNIT 450
Woodland Hills, CA 91367
- and -
Brendan Pegg, Esq.
Lindsay Cooper-Greene, Esq.
LAW OFFICES OF BRENDAN PEGG CORPORATION
201 E. Ojai Avenue #1505
Ojai, CA 93024
Telephone: (805) 302-4151
E-mail: brendan@bpegglaw.com
- and -
Paul J. Riehle, Esq.
FAEGRE DRINKER BIDDLE & REATH LLP
4 Embarcadero Center, 27th Floor
San Francisco, CA 94111
Telephone: (415) 551-7521
E-mail: paul.riehle@faegredrinker.com
- and -
John Sebastinelli, Esq.
Howard Holderness, Esq.
GREENBERG TRAURIG, LLP
101 Second Street, Suite 2200
San Francisco, CA 94105-3668
Telephone: (415) 650-1300
E-mail: sebastinellij@gtlaw.com
holdernessh@gtlaw.com
SEAVIEW INSURANCE: Plaintiffs Seek to Certify Rule 23 Class
-----------------------------------------------------------
In the class action lawsuit re California Bail Bond Antitrust
Litigation, Case No. 4:19-cv-00717-JST (N.D. Cal.), the Plaintiffs,
on a date and time to be decided, before the Honorable Jon Tigar,
will move the Court for an order certifying a class (the "Class")
pursuant to Rule 23 of the Federal Rules of Civil Procedure,
defined as follows:
All persons who, between Feb. 24, 2004, and Aug. 14, 2023 (the
"Class Period"), paid for part or all of a commercial bail bond
premium in connection with a California state court criminal
proceeding."
Specifically excluded from this Class are Defendants; the
officers, directors, or employees of any Defendant; any entity
in
which any Defendant has a controlling interest; any affiliate,
legal representative, heir, or assign of any Defendant, and any
person acting on their behalf; any person who acted as a bail
agent during the Class Period; any judicial officer presiding
over
this action and members of their immediate family and judicial
staff; and any juror assigned to this action.
The Plaintiffs also move the Court, pursuant to Rule 23(g), to
appoint them as Class representatives and to confirm as final the
Court's prior interim appointment of Lieff Cabraser Heimann &
Bernstein, LLP as Class Counsel.
The Plaintiffs Shonetta Crain and Kira Monterrey seek redress for
themselves and a proposed Class of California consumers who
overpaid for bail bonds because of an unlawful conspiracy among 20
bail bond surety companies and conspiracy ringleader Defendant
William B. Carmichael, the long-time President and CEO of Surety
Defendant ASC.
A copy of the Plaintiffs' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fb7nND at no extra
charge.[CC]
The Plaintiffs are represented by:
Dean M. Harvey, Esq.
Katherine Lubin Benson, Esq.
Michelle A. Lamy, Esq.
Miriam E. Marks, Esq.
Emily N. Harwell, Esq.
Nicole M. Rubin, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Telephone: (415) 956-1000
E-mail: dharvey@lchb.com
kbenson@lchb.com
mlamy@lchb.com
mmarks@lchb.com
eharwell@lchb.com
nrubin@lchb.com
- and -
Benjamin David Elga, Esq.
Brian James Shearer, Esq.
JUSTICE CATALYST LAW
25 Broadway, 9th Floor
New York, NY
Telephone: (518) 732-6703
E-mail: belga@justicecatalyst.org
brianshearer@justicecatalyst.org
- and -
David Seligman, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, CO 80218
Telephone: (720) 441-2236
Facsimile: (303) 957-2289
E-mail: david@towardsjustice.org
- and -
Shennan Kavanagh, Esq.
Jennifer Wagner, Esq.
NATIONAL CONSUMER LAW CENTER
7 Winthrop Square, Fourth Floor
Boston, MA 02110-1245
Telephone: (617) 542-8010
Facsimile: (617) 542-8028
E-mail: skavanagh@nclc.org
jwagner@nclc.org
- and -
Stephanie Carroll, Esq.
Ghirlandi Guidetti, Esq.
PUBLIC COUNSEL
610 South Ardmore Avenue
Los Angeles, CA, 90005
Telephone: (213) 385-2977
Facsimile: (213) 201-4722
E-mail: scarroll@publiccounsel.org
gguidetti@publiccounsel.org
SENIOR VILLAGE: Class Cert Bid Filing in Williams Due Nov. 21, 2025
-------------------------------------------------------------------
In the class action lawsuit captioned as JEREI WILLIAMS, on behalf
of herself and others similarly situated, v. SENIOR VILLAGE
MANAGEMENT, LLC, Case No. 2:22-cv-3420 (S.D. Ohio), the Hon. Judge
Chelsey Vascura entered a preliminary pretrial order as follows:
-- The parties have agreed to make initial Jan. 6, 2025
disclosures by:
-- Motions or stipulations addressing the July 25, 2025
parties or pleadings, if any, must be
filed no later than:
-- The motion for class certification must Nov. 21, 2025
be filed no later than:
-- All discovery shall be completed by: Nov. 21, 2025
-- Case dispositive motions must be filed by: Jan. 9, 2026
The Plaintiff shall make a settlement demand within 30 days after
production of all payroll and timekeeping records after the notice
period has closed.
The Defendants shall respond within 30 days after receiving
Plaintiffs' demand.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Q8rjTK at no extra
charge.[CC]
SNOWFLAKE INC: Data Breach Suit in Montana Court Consolidated
-------------------------------------------------------------
Snowflake Inc. disclosed in its Form 10-Q for the quarterly period
ended October 31, 2024, filed with the Securities and Exchange
Commission on November 27, 2024, that on June 13, 2024, a class
action was filed in the United States District Court for the
District of Montana against Snowflake alleging that Snowflake
failed to take reasonable measures to secure systems that contained
consumer data, thereby allowing threat actors to access and
exfiltrate the customers' data. On October 4, 2024, an order was
issued by the United States Judicial Panel on Multidistrict
Litigation combining the class actions filed in the United States
into a multidistrict litigation in the District of Montana.
In the weeks that followed, numerous additional class actions
making the same or similar allegations were filed against Snowflake
and/or customers whose consumer or employee data was exfiltrated.
Among other claims, the complaints assert common law claims for
negligence, breach of fiduciary duty, breach of implied contract,
and unjust enrichment, as well as statutory claims, and seek an
unspecified amount of damages, attorneys’ fees and costs, as well
as injunctive relief. The cases are at a preliminary stage.
Snowflake Inc. provides a cloud-based data platform for solving
business problems, build data applications and share data and data
products.
SNOWFLAKE INC: Faces Shareholder Suit in California Court
---------------------------------------------------------
Snowflake Inc. disclosed in its Form 10-Q for the quarterly period
ended October 31, 2024, filed with the Securities and Exchange
Commission on November 27, 2024, that on February 29, 2024, a
stockholder class action lawsuit was filed against the company, its
former Chief Executive Officer, and Chief Financial Officer in the
United States District Court in the Northern District of
California, alleging violations under Sections 10(b) and 20(a) of
the Exchange Act. On October 28, 2024, an amended complaint was
filed by the lead plaintiff.
The complaint seeks an unspecified amount of damages, attorneys’
fees, expert fees, and other costs. The case is at a very
preliminary stage.
Snowflake Inc. provides a cloud-based data platform for solving
business problems, build data applications and share data and data
products.
SODEXO INC: Amos Files FLSA Suit in D. Maryland
-----------------------------------------------
A class action lawsuit has been filed against Sodexo, Inc.. The
case is styled as Laronda Amos, individually and on behalf of all
others similarly situated v. Sodexo, Inc., Case No.
8:24-cv-03565-TDC (D. Md., Dec. 11, 2024).
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Sodexo (formerly Sodexho Alliance) -- https://www.sodexo.com/ -- is
a French food services and facilities management company
headquartered in the Paris suburb of Issy-les-Moulineaux.[BN]
The Plaintiff is represented by:
Nicholas A. Migliaccio, Esq.
MIGLIACCIO & RATHOD LLP
412 H Street N.E., Suite 302
Washington, DC 20002
Phone: (202) 470-3520
Fax: (202) 800-2730
Email: nmigliaccio@classlawdc.com
SONIC CORP: Wilkins ADA Class Suit Removed to E.D. Pa.
------------------------------------------------------
The case styled ANDREW WILKINS, on behalf of himself and all others
similarly situated, Plaintiff v. SONIC CORPORATION, Defendant, Case
No. 2024-09952-TT, was removed from the Court of Common Pleas of
Chester County, Pennsylvania to the United States District Court
for the Eastern District of Pennsylvania on December 3, 2024.
The District Court Clerk assigned Case No. 2:24-cv-06452-MRP to the
proceeding.
The Plaintiff's complaint purports to state causes of action
against Defendant for violation of Title III of the Americans with
Disabilities Act.
Sonic Corporation is an equipment manufacturing company based in
Stratford, Connecticut.[BN]
The Defendant is represented by:
Megan C. Mason, Esq.
LITTLER MENDELSON, P.C.
Three Parkway 1601
Cherry Street, Suite 1400
Philadelphia, PA 19102-1321
Telephone: (267) 402-3007
Facsimile: (267) 285-2965
E-mail: mmason@littler.com
SONY INTERACTIVE: Caccuri Seeks Initial OK of Class Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as AGUSTIN CACCURI et al., on
behalf of themselves and all others similarly situated, v. SONY
INTERACTIVE ENTERTAINMENT LLC, Case No. 3:21-cv-03361-AMO (N.D.
Cal.), the Plaintiffs, on Jan. 23, 2025, will move for entry of an
Order as follows:
(1) preliminarily approving the Class Action Settlement with the
Defendant;
(2) approving the Notice Plan and proposed Long and Short Form
Notices to the Class;
(3) approving the proposed Plan of Allocation;
(4) designating Adrian Cendejas as Class Representative for the
Settlement Class;
(5) appointing A.B. Data, Ltd. to serve as Notice and Settlement
Administrator;
(6) setting a schedule for Final Approval of the proposed
Settlement and related proceedings regarding attorneys'
fees,
costs, expenses and service awards;
(7) certifying a Settlement Class for the following proposed
Class:
"All persons in the United States who purchased through the
PlayStation Store one or more video games for which a game
specific voucher ("GSV") was available at retail prior to
April
1, 2019, for which a total of at least 200 GSV redemptions
were
made prior to April 1, 2019, and for which the post-discount
price increased by at least fifty cents from: (a) the period
between Jan. 1, 2017 and Mar. 31, 2019; as compared to (b)
the
period between April 1, 2019 and Dec. 31, 2023."
The class period shall be April 1, 2019 to Dec. 31, 2023.
Excluded from the Settlement Class are: (1) Defendant and
its
counsel, officers, directors, management, employees,
parents,
subsidiaries, and affiliates; and (2) the Court and its
employees; and
(8) granting such other and further relief as the Court may deem
just and appropriate.
The proposed Settlement provides for a Settlement Amount totaling
$7,850,000, in the form of cash-value PlayStation Network ("PSN")
account credits to be electronically distributed directly to
Settlement Class members' PSN accounts.
Sony Interactive is an American video game and digital
entertainment company.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Qld4qE at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael M. Buchman, Esq.
MOTLEY RICE LLC
800 Third Avenue, Suite 2401
New York, NY 10022
Telephone: (212) 577-0050
E-mail: mbuchman@motleyrice.com
- and -
Jeff S. Westerman, Esq.
ZIMMERMAN REED
6420 Wilshire Blvd.
Suite 1080
Los Angeles, CA 90048
Telephone: (310) 752-9385
E-mail: jeff.westerman@zimmreed.com
- and -
Joseph R. Saveri, Esq.
Ronnie S. Spiegel, Esq.
Elissa A. Buchanan, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Telephone: (415) 500-6800
E-mail: jsaveri@saverilawfirm.com
abuchanan@saverilawfirm.com
- and -
Blake Hunter Yagman, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (929) 709-1493
E-mail: byagman@leedsbrownlaw.com
- and -
Peggy J. Wedgworth, Esq.
Elizabeth McKenna, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Telephone: (212) 868-1229
E-mail: pwedgworth@milberg.com
emckenna@milberg.com
SOUTHWEST AIRLINES: George Files Suit in Cal. Super. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against SOUTHWEST AIRLINES
CO. The case is styled as Shaun George, an individual, on behalf of
himself and on behalf of all persons similarly situated v.
SOUTHWEST AIRLINES CO., Case No. 24CV102972 (Cal. Super. Ct.,
Alameda Cty., Dec. 12, 2024).
The case type is stated as "Other Employment Complaint Case."
Southwest Airlines Co. -- https://www.southwest.com/ -- is a major
airline in the United States that operates on a low-cost carrier
model.[BN]
The Plaintiff is represented by:
Norman B. Blumenthal, Esq.
BLUMENTHAL NORDREHAUG BHOWMIK DE BLOUW
2255 Calle Clara
La Jolla, CA 92037-3107
Phone: 858-551-1223
Fax: 858-551-1232
Email: norm@bamlawca.com
SQUARE PAYROLL: Lopez Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against Square Payroll, Inc.
The case is styled as Phillip Lopez, an individual; on behalf of
himself and all others similarly situate v. Square Payroll, Inc.,
Case No. 24CV102859 (Cal. Super. Ct., Alameda Cty., Dec. 12,
2024).
The case type is stated as "Other Non-Personal Injury/Property
Damage Tort."
Square Payroll -- https://squareup.com/us/en/payroll -- is a
full-service payroll solution that helps small businesses pay
employees through online payroll management and handle payroll
tax.[BN]
The Plaintiff is represented by:
Vahan Mikayelyan, Esq.
HAFFNER LAW PC
15260 Ventura Blvd., Ste. 1520
Sherman Oaks, CA 91403-5348
Phone: 213-514-5681
Email: vh@haffnerlawyers.com
STAKE CENTER: Holtsclaw Must File Class Cert Bid by Jan. 30, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Holtsclaw v. Stake Center
Locating, LLC, Case No. 1:24-cv-00490 (D. Colo.), the Hon. Judge
Regina M. Rodriguez entered an order grantinga Parties' joint
motion for extension of time:
-- The Plaintiff shall file for class certification no later than
Jan. 30, 2025.
-- The Defendant shall have 30 days from the date that the motion
is
filed to respond.
-- The Plaintiff will then have 14 days to file a reply.
The suit alleges violation of the Fair Labor Standards Act (FLSA)
involving minimum wage or overtime compensation.
Stake Center provides utility locating services for gas, power,
communications, cable, and large fiber optic networks to ensure
safe excavation.[CC]
STAKE CENTER: Parties Seek More Time to File Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as BRIAN HOLTSCLAW,
Individually and on Behalf of All Others Similarly Situated, v.
STAKE CENTER LOCATING, LLC, a Utah limited liability company, Case
No. 1:24-cv-00490-RMR-SBP (D. Colo.), the Parties ask the Court to
enter an order granting a 45 day extension for the Plaintiff to
move for class certification:
-- The Plaintiff's current deadline to file for class
certification
is Dec. 16, 2024.
-- The Plaintiff would request an extension of 45 days to move for
class certification.
-- Consistent with the timing in the current schedule, the
Defendant
would then have 30 days to respond to the motion, and Plaintiff
would have 14 days to reply to the response.
-- Due to these conflicts, the Parties still need to take the
deposition of Brian Holtsclaw, Bryan Abear, and Curtis Bentz.
Stake Center provides utility locating services for gas, power,
communications, cable, and large fiber optic networks.
A copy of the Parties' motion dated Dec. 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Xf1GTa at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Richard M. Schreiber, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
rschreiber@mybackwages.com
- and -
Brian D. Gonzales, Esq.
LAW OFFICES OF BRIAN D. GONZALES, PLLC
2580 East Harmony Road, Suite 201
Fort Collins, CO 80528
Telephone: (970) 214-0562
E-mail: bgonzales@coloradowagelaw.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
The Defendant is represented by:
Denis E. Jacobson, Esq.
Alan B. Felts, Esq.
Daniel D. Stratton, Esq.
TUGGLE DUGGINS P.A.
400 Bellemeade Street, Suite 800
Greensboro, NC 27401
Telephone: (336) 378-1431
Facsimile: (336) 274-6590
E-mail: djacobson@tuggleduggins.com
afelts@tuggleduggins.com
dstratton@tugglediggins.com
- and -
Zane A. Gilmer, Esq.
STINSON LLP
1144 Fifteenth Street, Suite 2400
Denver, CO 80202
Telephone: (303)376-8416
E-mail: zane.gilmer@stinson.com
STATE FARM MUTUAL: Dortch Suit Removed to M.D. Alabama
------------------------------------------------------
The case styled as Rochell Brent Dortch, and on behalf of all
others similarly situated v. STATE FARM MUTUAL AUTOMOBILE INSURANCE
COMPANY, Case No. 03-CV-2024-901729.00 was removed from the Circuit
Court of Montgomery County, Alabama, to the United States District
Court for the Middle District of Alabama on Dec. 11, 2024, and
assigned Case No. 2:24-cv-00799.
The Plaintiff alleges that State Farm owes her additional
"Purchasing Fees," which Plaintiff defines as sales tax, additional
state, county and city license fees, tag fees, and school fees.
Plaintiff does not specify the amount of these fees.[BN]
The Defendants are represented by:
Felicia A. Long, Esq.
HILL, HILL, CARTER, FRANCO, COLE & BLACK, P.C.
425 South Perry St.
Montgomery, Alabama 36104
Phone: 334-834-7600
Fax: 334-263-5969
Email: flong@hillhillcarter.com
- and -
Daniel F. Diffley, Esq.
Blake Simon, Esq.
Melissa G. Quintana, Esq.
ALSTON & BIRD LLP
1201 W. Peachtree Street
Atlanta, GA 30309
Phone: 404-881-7000
Fax: 404-881-7777
Email: Dan.Diffley@alston.com
Blake.Simon@alston.com
Melissa.Quintana@alston.com
STEVE PAPPAS: General Pretrial Management Order Entered in Hreish
-----------------------------------------------------------------
In the class action lawsuit captioned as GHASSAN ALBERT HREISH,
JR., et al., v. STEVE PAPPAS, et al., Case No.
1:24-cv-02284-JHR-BCM (S.D.N.Y.), the Hon. Judge Barbara Moses
entered an order for general pretrial management, including
scheduling, discovery, non-dispositive pretrial motions, and
settlement, pursuant to 28 U.S.C. section 636(b)(1)(A).
-- All pretrial motions and applications, including those related
to
scheduling and discovery (but excluding motions to dismiss or
for
judgment on the pleadings, for injunctive relief, for summary
judgment, or for class certification under Fed. R. Civ. P. 23)
must be made to Judge Moses and in compliance with this Court's
Individual Practices in Civil Cases, available on the Court's
website at https://nysd.uscourts.gov/hon-barbara-moses.
-- Now before the Court is plaintiffs' letter-motion dated Dec. 9,
2024 seeking an order compelling defendants to answer their
written discovery requests.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oyOdNZ at no extra
charge.[CC]
SUBARU OF AMERICA: Class Settlement in Cohen Suit Gets Final Nod
----------------------------------------------------------------
In the class action lawsuit captioned as GILLES COHEN, et al., on
behalf of themselves and all others similarly situated, v. SUBARU
OF AMERICA, INC. and DENSO INTERNATIONAL AMERICA, INC., Case No.
1:20-cv-08442-CPO-AMD (D.N.J.), the Hon. Judge Christine O'Hearn
entered an order granting final approval of class action
settlement:
1. The Court certifies, for the purpose of settlement, the
following settlement class consisting of:
"All individuals or legal entities who, at any time as of the
Initial Notice Date, own or owned, purchase(d) or lease(d)
Covered Vehicles1in any of the fifty States, the District
of Columbia, Puerto Rico, and all other United States
territories and/or possessions."
Excluded from the Settlement Class are: (a) Subaru, its
officers, directors and employees; its affiliates and
affiliates' officers, directors and employees; its
distributors
and distributors' officers, directors and employees; and
Subaru
Dealers and Subaru Dealers’ officers and directors; (b)
Denso,
its officers, directors and employees; its affiliates and
affiliates' officers, directors and employees; its
distributors
and distributors' officers, directors and employees; (c)
Plaintiffs' Counsel; (d) judicial officers and their
immediate
family members and associated court staff assigned to this
case;
and (e) the 106 Settlement Class Members who filed timely and
proper Requests for Exclusion from the Settlement Class
reflected in Exhibit A.
2. The Court hereby grants final approval of the Class
Settlement
as set forth in the Settlement Agreement and all of its terms
and provisions.
Subaru is the United States–based distributor of Subaru's brand
vehicles.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=DpsA17 at no extra
charge.[CC]
TASKUS INC: Lozada Seeks to File Unredacted Supplemental Memo
-------------------------------------------------------------
In the class action lawsuit captioned as Lozada v. TaskUs, Inc. et
al., Case No. 1:22-cv-01479-JPC-GS (S.D.N.Y.), the Plaintiff asks
the Court to enter an order granting permission to file the
unredacted version of Plaintiffs' supplemental memorandum of law in
further support of motion for class certification and appointment
of class representatives and class counsel and its Exhibits 5-7 and
9 under seal.
The Supplemental Memorandum and Exhibits 5-7 and 9 include
information that Defendants have designated as Confidential
Discovery Material under the Stipulated Confidentiality Agreement
and Protective Order The parties have conferred and agree that
these materials may be sealed.
The Defendants have not withdrawn any of their confidentiality
designations. The Plaintiffs do not oppose these designations for
purposes of this Motion.
The Plaintiffs are concurrently filing the Supplemental Memorandum
in redacted form, and Exhibits 5-7 and 9 under seal, pending the
Court's ruling on this motion to seal.
TaskUs is an outsourcing company that handles content moderation,
customer experience, artificial intelligence, operations and risk &
response services.
A copy of the Plaintiff's motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=t5pwOL at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph A. Fonti, Esq.
BLEICHMAR FONTI & AULD LLP
300 Park Avenue, Suite 1301
New York, NY 10022
Telephone: (212) 789-1340
Facsimile: (212) 205-3960
E-mail: jfonti@bfalaw.com
TD BANK: Bids for Summary Judgment in Dou Suit Due Dec. 18, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Dou, et al., v. TD Bank
N.A., Case No. 1:23-cv-04880 (S.D.N.Y., Filed June 11, 2023), the
Hon. Judge J. Paul Oetken entered an order granting in part and
denying in part Letter Motions:
-- Any motions for summary judgment shall Dec. 18, 2025
be filed by:
-- Any oppositions to summary judgment Jan. 10, 2025
shall be filed by:
-- Any replies in support of summary Jan. 21, 2025
judgment shall be filed by:
The nature of suit states Securities & Exchange Commission.
TD Bank is an American national bank and the United States
subsidiary of the multinational TD Bank Group. It operates
primarily across the East Coast.[CC]
TESLA INC: Class Cert Bid Filing Amended to April 30, 2025
----------------------------------------------------------
In the class action lawsuit captioned as DAVID BUI-FORD, et al., v.
TESLA, INC. d/b/a TESLA MOTORS, INC., a Delaware corporation, Case
No. 4:23-cv-02321-JST (N.D. Cal.), the Hon. Judge Jon Tigar entered
an order the following schedule for amended class certification
briefing and class expert deadlines:
Event Current Proposed
Deadline Deadline
Plaintiffs' vehicle inspection [None] March 10,
2025
and deposition deadline:
Class certification motion and Jan. 31, 2025 April 30,
2025
Plaintiffs' class certification
expert disclosures due:
Plaintiffs' expert(s) Feb. 28, 2025 May 30, 2025
deposition(s):
Class certification opposition Mar. 31, 2025 June 30, 2025
and Defendants'class
certification expert disclosures
due:
Tesla's expert(s) deposition(s) Apr. 21, 2025 July 21, 2025
Deadline:
Class certification expert Apr. 30, 2025 July 31, 2025
discovery cut-off:
Class certification reply due: Apr. 30, 2025 July 31, 2025
Tesla designs, develops, manufactures, leases, and sells electric
vehicles, and energy generation and storage systems.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4Pt22r at no extra
charge.[CC]
The Plaintiffs are represented by:
Ben M. Harrington, Esq.
Jerrod C. Patterson, Esq.
Nathan Emmons, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
E-mail: benh@hbsslaw.com
jerrodp@hbsslaw.com
nathane@hbsslaw.com
- and -
Eric J. Harrison, Esq.
ATTORNEY WEST SEATTLE
5400 California Avenue SW Suite E
Seattle, WA 98136
Telephone: (206) 745-3738
E-mail: eric@attorneywestseattle.com
The Defendant is represented by:
David L. Schrader, Esq.
Brian M. Ercole, Esq.
Melissa M. Coates, Esq.
Mark A. Feller, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue
Twenty-Second Floor
Los Angeles, CA 90071-3132
Telephone: (213) 612-2500
Facsimile: (213) 612-2501
E-mail: david.schrader@morganlewis.com
brian.ercole@morganlewis.com
melissa.coates@morganlewis.com
mark.feller@morganlewis.com
TESLA INC: Compels Morgan to Comply With Non-Party Subpoena
-----------------------------------------------------------
In the class action lawsuit VIRGINIA M. LAMBRIX, individually and
on behalf of all others similarly situated v. TESLA, Inc., Case No.
8:24-mc-00027-MSS-NHA (M.D. Fla.), Tesla seeks an order compelling
Morgan Automotive Group to comply with a non-party subpoena for
documents served in Lambrix v. Tesla, Inc., No. 3:23-cv-1145-TLT
(N.D. Cal.), a set of consolidated putative antitrust class actions
currently pending in the Northern District of California.
Tesla served this subpoena on Morgan -- one of the largest auto
dealership organizations in the country -- because Tesla competes
with Morgan in the alleged automotive sales, leasing, and repair
and service markets at issue in the Lambrix litigation.
Such non-party discovery from competitors is commonplace in
antitrust cases, which often require fact-intensive inquiries into
the industries at issue. Tesla properly served the subpoena on
September 30, 2024, and provided Morgan with thirty days to
respond.
The Court should accordingly enter an order requiring Morgan to
comply with the subpoena by beginning to produce responsive
documents within 21 days.
Tesla is an American multinational automotive and clean energy
company. Headquartered in Austin, Texas, it designs, manufactures
and sells battery.[BN]
The Defendant is represented by:
Michael L. Forte, Esq.
RUMBERGER, KIRK &
CALDWELL, P.A.
100 North Tampa St., Ste. 2000
Tampa, FL 33602
Telephone: 813-857-4950
E-mail: mforte@rumberger.com
- and -
Ari Holtzblatt, Esq.
David Gringer, Esq.
Andres C. Salinas, Esq.
WILMER CUTLER PICKERING
HALE AND DORR LLP
2100 Pennsylvania Ave NW
Washington, DC 20037
Telephone: (202) 663-6000
Ari.Holtzblatt@wilmerhale.com
David.Gringer@wilmerhale.com
Andres.Salinas@wilmerhale.com
TESLA INC: Filing for Class Certification Bid Due May 2, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as VIRGINIA M LAMBRIX, et
al., v. TESLA, INC., Case No. 3:23-cv-01145-TLT (N.D. Cal.), the
Hon. Judge Trina Thompson entered an order pursuant to Federal Rule
of Civil Procedure 16 and Civil Local Rule 16-10:
1. Trial Date: June 15, 2026
2. Final Pretrial Conference: May 21, 2026
3. Dispositive Motions: Dec. 19, 2025
4. Fact Discovery Cut-Off: Oct. 3, 2025
5. Class Certification
Expert Reports:
Opening reports by: Feb. 7, 2025
Opposing reports by: March 7, 2025
Rebuttal reports by: April 4, 2025
6. Motion For Class Certification
Last day to file class May 2, 2025
certification motion:
Last day to oppose class June 6, 2025
certification motion:
Last day to reply to class July 3, 2025
certification motion:
Tesla is an American multinational automotive and clean energy
company.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=WA2w91 at no extra
charge.[CC]
TILRAY BRANDS: Salama Appeals Summary Judgment Ruling
-----------------------------------------------------
NABIL SALAMA filed an appeal from a court ruling entered in the
lawsuit styled NABIL SALAMA, individually and on behalf of all
others similarly situated, Plaintiff v. IRWIN D. SIMON, JODI BUTTS,
DAVID CLANACHAN, JOHN M. HERHALT, DAVID HOPKINSON, THOMAS LOONEY,
RENAH PERSOFSKY, and TILRAY BRANDS, INC., Defendants, Case No.
2024-1124-JTL, in the Court of Chancery of the State of Delaware.
As reported in the Class Action Reporter, the class action was
filed against the Defendants on October 31, 2024 for declaratory
relief and breach of fiduciary duty under the Delaware General
Corporation Law.
According to the complaint, in the definitive proxy statement that
the Company filed with the Securities and Exchange Commission on
September 27, 2024 in connection with the annual meeting of Tilray
stockholders to be held on November 21, 2024, the Board incorrectly
informed stockholders that a lower, votes-cast standard applied to
a proposal to approve an increase in the number of shares of common
stock authorized under the Fourth Amended and Restated Certificate
of Incorporation of Tilray Brands purportedly from 1,198,000,000 to
1,416,000,000 (the "2024 Authorized Shares Proposal"). The Board
also made related incorrect disclosures concerning the effect that
abstentions and broker non-votes, if any, would have on the 2024
Authorized Shares Proposal, adds the complaint.
On November 27, the Honorable J. Travis Laster entered an Opinion
and Order granting Defendants' motion for summary judgment.
The appellate case is captioned as NABIL SALAMA, individually and
on behalf of all others similarly situated, Plaintiff-Appellant v.
IRWIN D. SIMON, JODI BUTTS, DAVID CLANACHAN, JOHN M. HERHALT, DAVID
HOPKINSON, THOMAS LOONEY, RENAH PERSOFSKY, and TILRAY BRANDS, INC.,
Defendants-Appellees, Case No. 502,2024, in the Supreme Court of
the State of Delaware, filed on December 4, 2024.[BN]
Plaintiff-Appellant NABIL SALAMA, individually and on behalf of all
others similarly situated, is represented by:
F. Troupe Mickler, IV, Esq.
ASHBY & GEDDES, P.A.
500 Delaware Avenue, 8th Floor
Wilmington, DE 19801
Telephone: (302) 654-1888
- and -
William J. Fields, Esq.
Christopher J. Kupka, Esq.
Samir Shukurov, Esq.
FIELDS KUPKA & SHUKUROV LLP
141 Tompkins Ave, Suite 404
Pleasantville, NY 10570
Telephone: (212) 231-1500
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Blvd., Suite 100
Newtown Square, PA 19073
Telephone: (484) 258-1585
TOPCO ASSOCIATES: Rittenhouse Consumer Suit Removed to E.D.N.Y.
---------------------------------------------------------------
The case styled GREGORY RITTENHOUSE, individually and on behalf of
all others similarly situated, Plaintiff v. TOPCO ASSOCIATES LLC,
Defendant, Case No. 623215/2024, was removed from the New York
Supreme Court, Suffolk County to the United States District Court
for the Eastern District of New York on December 4, 2024.
The District Court Clerk assigned Case No. 2:24-cv-08340 to the
proceeding.
The Plaintiff filed this class action complaint against Topco in
New York Supreme Court, Suffolk County, on September 17, 2024,
asserting that Topco violated New York's General Business Law.
According to the Plaintiff's complaint, Topco's Apple Cinnamon Rice
Cakes product's label indicates that it is "naturally flavored,"
and, as a result of that labeling statement, the Plaintiff
allegedly "expected that the Product's apple cinnamon taste (1) was
only from natural flavors, including natural apple flavor, and/or
(2) did not expect its apple cinnamon taste to be provided by
artificial flavorings and/or artificial flavoring ingredients."
Topco Associates, LLC operates as a strategic sourcing company. The
Company provides procurement, quality assurance, packaging, and
other services for its food industry member-owners and
customers.[BN]
The Defendant is represented by:
Kirsten Dooley, Esq.
BAKER & MCKENZIE LLP
452 Fifth Avenue
New York, NY 10018
Telephone: (212) 626-4100
Facsimile: (212) 310-1600
E-mail: Kirsten.Dooley@bakermckenzie.com
- and -
Mark C. Goodman, Esq.
BAKER & MCKENZIE LLP
Two Embarcadero Center, 11th Floor
San Francisco, CA 94111-3802
Telephone: (415) 576-3000
Facsimile: (415) 576-3099
E-mail: mark.goodman@bakermckenzie.com
TRANS UNION: Class Cert Bid Filing in Christian Due May 30, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as RICKY CHRISTIAN, et al.,
v. TRANS UNION, LLC, Case No. 2:22-cv-02253-MSG (E.D. Pa.), the
Hon. Judge Mitchell S. Goldberg entered an order amending
Scheduling Order such that:
1. Plaintiffs' expert reply reports are due no later than Jan.
31,
2025.
2. Defendant's expert rebuttal reports (in response to newly
disclosed Plaintiffs' experts), if any are due no later than
March 14, 2025.
3. All expert discovery shall be completed by May 9, 2025.
4. Motions for class certification and related Daubert motions
are
due no later than May 30, 2025.
5. Responses to motions for class certification and related
Daubert
motions are due no later than July 11, 2025.
6. Reply briefs on class certification and related Daubert
motions
are due no later than Aug. 15, 2025.
7. Dispositive Motions to are to be filed within 30 days of the
ruling on class certification.
8. All other deadlines will be set following the resolution of
dispositive motions.
TransUnion is an American consumer credit reporting agency.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Znh4Vk at no extra
charge.[CC]
TWITTER INC: Must Oppose Class Cert Bid by March 4, 2025
--------------------------------------------------------
In the class action lawsuit captioned as Frederick-Osborn v.
Twitter, Inc., et al., Case No. 3:24-cv-00125 (N.D. Cal., Filed
Jan. 5, 2024), the Hon. Judge Jacqueline Scott Corley entered an
order granting stipulation to revise briefing and hearing schedule
on the Plaintiff's motion for class certification.
-- 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 March 4, 2025
certification:
-- Plaintiff's reply in support of class April 1, 2025
certification:
-- The hearing on the motion is set for: May 1, 2025
The nature of suit states Employment Discrimination.
Twitter was an American social media company based in San
Francisco, California.[CC]
UNION PACIFIC: Parties Must File Class Cert Deposition Schedule
---------------------------------------------------------------
In the class action lawsuit captioned as FAYE BLACK and JEANNINE
TOLSON, individually and on behalf of all others similarly
situated, v. UNION PACIFIC RAILROAD COMPANY, Case No.
6:23-cv-01218-EFM-ADM (D. Kan.), the Hon. Judge Angel Mitchell
entered an order that the parties must file a joint notice with
their deposition schedule for class certification fact witnesses by
Jan. 3, 2025.
The parties must further meet and confer regarding the discovery
disputes at issue by December 17, 2024.
To the extent defendant decides to supplement its discovery
responses, it must do so by December 20, 2024.
Thereafter, should plaintiffs still wish to bring a motion to
compel on any remaining issues, the briefing deadlines are as
follows:
-- Plaintiffs' motion to compel is due by January 10, 2025, and is
limited to 10 pages.
-- Defendant's response is due by January 22, 2025, and is limited
to
10 pages.
-- Plaintiffs' reply is due by January 24, 2025, and is limited to
3
pages.
On Dec. 11, 2024, the court convened a discovery conference at
plaintiffs' request to discuss the parties’ disputes regarding:
(1) defendant's ESI production and searches,
(2) defendant's responses to certain interrogatories and
document
requests, and
(3) the timing of when defendant must produce a privilege log.
A copy of the Court's order dated Dec. 11, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6GPrix at no extra
charge.[CC]
UNITED STATES: Vollkova's Bid for Class Certification Reinstated
----------------------------------------------------------------
In the class action lawsuit captioned as Volkova v. United States
Citizenship and Immigration Services, et al., Case No.
1:23-cv-07565 (E.D.N.Y., Filed Oct. 17, 2023), the Hon. Judge
Frederic Block entered an order re-instating the Plaintiff's motion
for class certification.
-- By Jan.10, 2025, the Plaintiff shall serve and file any
objections to MJ Bloom's oral report and recommendation dated
March 14, 2024, recommending that Judge Block grant plaintiff
motion for class certification.
The nature of suit states Statutory Actions.
USCIS oversees immigration to the United States and approves (or r
denies) immigrant petitions.[CC]
UNIVERSALPEGASUS INTERNATIONAL: Taylor Sues Over Data Breach
------------------------------------------------------------
KATHERINE TAYLOR, on behalf of herself and all others similarly
situated, Plaintiff v. UNIVERSALPEGASUS INTERNATIONAL LLC d/b/a
UNIVERSAL PEGASUS INTERNATIONAL, Defendant, Case No. 4:24-cv-04802
(S.D. Tex., December 6, 2024) arises from Defendant's alleged
failure to protect highly sensitive data of Plaintiff and all
others similarly situated employees.
According to the complaint, the Defendant lost control over that
data when cybercriminals infiltrated its insufficiently protected
computer systems in a data breach. The cybercriminals were able to
breach Defendant's systems because Defendant failed to adequately
train its employees on cybersecurity and failed to maintain
reasonable security safeguards or protocols to protect the Class'
personal identifiable information. In short, the Defendant's
failures placed the Class' PII in a vulnerable position—rendering
them easy targets for cybercriminals, says the suit.
As a direct and traceable result of Defendant's alleged negligence
and/or negligent supervision, the Plaintiff and Class Members have
suffered or will suffer damages, including monetary damages,
increased risk of future harm, embarrassment, humiliation,
frustration, and emotional distress.
UniversalPegasus International LLC is an engineering and project
management firm.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 825
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
US BANCORP: Dionicio Suit Seeks to Certify Rule 23 Class Action
---------------------------------------------------------------
In the class action lawsuit captioned as ANA L. DIONICIO and
ALEJANDRO M. WESAW, individually, and as a representative of a
Class of Participants and Beneficiaries of the U.S. Bank 401(k)
Savings Plan, v. U.S. BANCORP, et al., Case No.
0:23-cv-00026-PJS-DLM (D. Minn.), the Plaintiffs ask the Court to
enter an order to:
(1) certify this action as a class action under Fed. R. Civ. P.
23(a) and (b)(1);
(2) appoint Plaintiffs as representatives of the certified
Class;
and
(3) appoint Walcheske & Luzi, LLC and Cummins & Bonestroo as
counsel for the certified Class.
U.S. Bancorp is an American bank holding company.
A copy of the Plaintiffs' motion dated Dec. 10, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=iXnUV7 at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul M. Secunda, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Dr., Suite 240
Brookfield, WI 53005
Telephone: (414) 828-2372
E-mail: psecunda@walcheskeluzi.com
- and -
Amy R. Mason, Esq.
CUMMINS & BONESTROO
363 5th Avenue North
200 Professional Bldg
Bayport, MN 55003
Telephone: (612) 306-3808
E-mail: amason@cblawoffices.com
VASSAR COLLEGE: Not Allowed to File Opening Bid Against Class Cert
------------------------------------------------------------------
In the class action lawsuit captioned as Wendy Graham, et al., v.
Vassar College, Case No. 7:23-cv-07692-CS-VR (S.D.N.Y.), the Hon.
Judge Victoria Reznik entered an order that the Defendants are not
permitted to file their own opening motion against class
certification.
-- Instead, the parties will follow the structure of the
Plaintiffs'
proposal. But the Court will implement Defendant’s timeline
for
class certification briefing.
-- Thus, the Plaintiffs will submit their brief by Sept. 15, 2025,
the Defendant will oppose two months after that date, and
Plaintiffs will reply two months after that.
The Defendant argues that "the evidence in this case will reveal
certain deficiencies in Plaintiffs' ability to establish that the
purported class is maintainable under the threshold requirements of
Rule 23(a)."
Defendant also argues that this conflict-of-interest issue can be
addressed without expert discovery, presumably allowing the parties
to resolve a threshold issue before expending time and resources on
expert discovery. But as the Court understands, both parties
proposed a schedule in which expert discovery runs concurrently
with their briefing on class certification. Both parties also
contemplated submitting expert reports along with their class
certification papers. In essence, adopting Defendant’s approach
would not forego expert discovery altogether but only increase the
number of briefs the Court receives on class certification
Vassar is a private liberal arts college in Poughkeepsie, New
York.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kcx9ZP at no extra
charge.[CC]
VISA INC: Monopolizes Network Fees, Griffith Class Suit Says
------------------------------------------------------------
LINDY GRIFFITH, individually and on behalf of all others similarly
situated v. VISA, INC., Case No. 1:24-cv-09374 (S.D.N.Y., Dec. 9,
2024) contends that Visa has engaged and continues to engage in
unlawful and anticompetitive conduct that has artificially raised
the price of network fees to supracompetitive prices, including
monopolizing the debit network market and leveraging its monopoly
power to suppress competition by punishing retailers for using
alternative networks, entering into contracts to pay off potential
competitors or prevent the development of substitute networks.
The suit says that Visa's anticompetitive conduct forces its debit
network, and thus fees, on merchants who do not have a realistic
alternative by (1) preventing merchants from diverting significant
portions of their debit transactions to alternative, lower-cost
networks, without paying substantially increased fees and penalties
to Visa; (2) stifling innovation and competition by paying-off
would-be competitors from developing additional or alternative
debit networks; and (3) preventing actual or would-be competitors
from gaining the scale or volume of transactions necessary to
actually compete with Visa.
As a result, merchants are forced to utilize Visa's debit network
and pay their supracompetitive network fees. Visa's anticompetitive
conduct allows it to enrich itself at the expense of the American
people who ultimately bear the brunt of Visa's debit network fees,
the suit alleges.
The Plaintiff brings this action under Section 16 of the Clayton
Act, 15 U.S.C. section 26, and various state laws to put a stop to
Visa's unlawful and anticompetitive conduct and remedy the harm
Visa has caused.
Plaintiff Griffith uses a debit card from Commerce Bank that has
Visa designated as the font-of-card network. She has consistently
made purchases with this or a previously issued Visa debit card
from Commerce Bank for personal, family, and/or household purposes
for at least the last decade.
Visa owns and operates the Visa debit network, the largest debit
network in the United States.[BN]
The Plaintiff is represented by:
Allen J. Underwood II, Esq.
Bruce D. Greenberg, Esq.
LITE DEPALMA GREENBERG & AFANADOR LLC
570 Broad Street, Suite 1201
Newark, NJ 07102
Telephone: (973) 623-3000
E-mail: aunderwood@litedepalma.com
bgreenberg@litedepalma.com
- and -
Jason S. Hartley, Esq.
Jason M. Lindner, Esq.
HARTLEY LLP
101 W. Broadway, Suite 820
San Diego, CA 92101
Telephone: (619) 400-5822
E-mail: hartley@hartleyllp.com
lindner@hartleyllp.com
WEBHELP AMERICAS: Court Dismisses Margolis Suit
-----------------------------------------------
In the class action lawsuit captioned as Sam Margolis, et al., v.
Webhelp Americas LLC, et al., Case No. 2:24-cv-01615-DJH (D.
Ariz.), the Hon. Judge Diane Humetewa entered an order approving
the Stipulation and dismissing the action in its entirety, with
prejudice, each party to bear its own attorneys' fees and costs.
-- The motion to certify class is denied as moot.
-- The Court directs the Clerk of Court to terminate the action.
Webhelp Americas is a customer service outsourcing company,
specializing in providing support solutions for various
industries.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M1Z1X9 at no extra
charge.[CC]
WRIGHT BROTHERS: Mason Suit Removed to E.D. Tennessee
-----------------------------------------------------
The case styled as Dewey Mason, individually and on behalf of all
others similarly situated v. WRIGHT BROTHERS CONSTRUCTION COMPANY,
INC., Case No. 2024cv286 was removed from the Chancery Court of
Bradley County, Tennessee, to the United States District Court for
the Eastern District of Tennessee on Dec. 11, 2024, and assigned
Case No. 1:24-cv-00384.
In the Complaint, Plaintiff alleges that in April 2024, Defendant
was the victim of a data breach wherein hackers gained access to
its information systems and exfiltrated at least 12 GB of data
containing the personal identifying information ("PII") of
Plaintiff and other similarly situated customers, including their
names and Social Security Number. The Plaintiff alleges that
Defendant lacked the appropriate logging, monitoring, and alerting
systems to enable it to identify the attack, and that Defendant
failed to take appropriate steps to protect PII and failed to
implement and maintain adequate data security measure.[BN]
The Plaintiff is represented by:
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
Miles Schiller, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: mschiller@stranchlaw.com
gstranch@stranchlaw.com
gwells@stranchlaw.com
The Defendants are represented by:
Rocklan W. King III, Esq.
Adams and Reese LLP
1600 West End Avenue, Suite 1400
Nashville, TN 37203
Phone: (615) 259-1041
Fax: (615) 259-1041
Email: rocky.king@arlaw.com
XCLUSIVE PROFESSIONAL: Cooksey Sues Over Unlawful Misclassification
-------------------------------------------------------------------
Kelly Cooksey, on behalf of herself and all others similarly
situated v. XCLUSIVE PROFESSIONAL AUTO STATEWIDE RELIEF SOUGHT
DETAIL, LLC, and MICHAEL W. WARFIELD, Case No. 3:24-cv-00720-DJH
(W.D. Ky., Dec. 11, 2024), is brought seeking to redress
Defendants' exploitative and systemic policy and practice of
misclassifying its non-management employees as "independent
contractors," resulting, inter alia, in a failure by Defendants to
pay these employees overtime wages mandated by the Fair Labor
Standards Act of 1938 ("FLSA"), and the Kentucky Wages and Hours
Act ("KWHA").
The Defendants deploy an independent misclassification scheme to
cheat its employees, its competition, and the state and federal
governments. Defendants do so willfully and knowingly by
systematically misclassifying its non-management staff. In doing
so, Defendants deny these employees, including named Plaintiff,
access to critical benefits and protections they are entitled to by
law, such as minimum wage, overtime compensation, and
indemnification for business expenses/deductions. Through willful
misclassification, Defendants also rob federal and state
governments of tax revenue, cause losses to state unemployment
insurance and workers' compensation funds, and get undue advantage
over its law-abiding competition. The Defendants' misclassification
of their employees also resulted in Defendants' unlawful deductions
and failure to pay regular wages under the KWHA, says the
complaint.
The Plaintiff is a covered employee within the meaning of the FLSA
and KWHA.
The Defendants operate an auto detailing and window tinting
establishment since 2009.[BN]
The Plaintiff is represented by:
Aleksandr "Sasha" Litvinov, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street
5th Floor #1520
Boston, MA 02116
Phone: (617) 377-7404
Fax: (617) 202-3409
Email: sasha@skclassactions.com
YARDI SYSTEMS: Frank Suit Transferred to W.D. Washington
--------------------------------------------------------
The case captioned as Daniel Frank, Lakshmi Nagireddi, Heather
Yashar, Eric Yeckley, Sherrie Miles, on behalf of themselves and
all others similarly situated v. YARDI SYSTEMS, INC., GREYSTAR REAL
ESTATE PARTNERS, LLC, LINCOLN PROPERTY COMPANY, ASSET LIVING,
CUSHMAN & WAKEFIELD PLC, FPI MANAGEMENT, RPM LIVING, APARTMENT
MANAGEMENT CONSULTANTS LLC, BH MANAGEMENT SERVICES, WINNCOMPANIES,
AVENUE5 RESIDENTIAL, 10 FEDERAL COMPANIES, BALACIANO GROUP, and RAM
PARTNERS, LLC, Case No. 8:24-cv-00617-MWC-KES was transferred from
the United States District Court for the Central District of
California, to the United States District Court for the Western
District of Washington on Dec. 11, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02053-JHC to the
proceeding.
The nature of suit is stated as Other Labor.
Yardi Systems, Inc. -- https://www.yardi.com/ -- is an investment,
asset and property management software vendor for the real estate
industry.[BN]
The Plaintiff is represented by:
Leiv Blad, Esq.
Jeffrey Blumenfeld, Esq.
Meg Slachetka, Esq.
COMPETITION LAW PARTNERS PLLC
1101 Pennsylvania Ave., NW
Washington, DC 20004
Phone: (202) 742-4300
Facsimile: (202) 810-9815
Email: leiv@competitionlawpartners.com
jeff@competitionlawpartners.com
meg@competitionlawpartners.com
- and -
Don Bivens, Esq.
Teresita Mercado, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Phone: (602) 708-1450
Email: don@donbivens.com
teresita@donbivens.com
The Defendant is represented by:
Abraham Aleem Tabaie, Esq.
DEBEVOISE AND PLIMPTON LLP
650 California Street, 31st Floor
San Francisco, CA 94108
Phone: (415) 738-5700
Email: atabaie@debevoise.com
- and -
Adam C. Saunders, Esq.
Emilia Brunello, Esq.
Kristin D Kiehn, Esq.
Maura K. Monaghan, Esq.
Michael Schaper, Esq.
DEBEVOISE AND PLIMPTON LLP
66 Hudson Boulevard
New York, NY 10001
Phone: (212) 909-6000
Fax: (212) 909-6839
Email: asaunders@debevoise.com
enbrunello@debevoise.com
kdkiehn@debevoise.com
mkmonaghan@debevoise.com
mschaper@debevoise.com
- and -
Kevin James Minnick, Esq.
SPERTUS LANDES AND JOSEPHS LLP
617 West 7th Street, Suite 200
Los Angeles, CA 90017
Phone: (213) 205-6520
Fax: (213) 205-6521
Email: kminnick@spertuslaw.com
- and -
Jason D. Russell, Esq.
SKADDEN ARPS SLATE MEAGHER & FLOM (CA)
2000 Avenue of The Stars, Ste. 200 N
Los Angeles, CA 90067
Phone: (213) 687-5328
Email: jason.russell@skadden.com
- and -
Adam Kochman, Esq.
Anna E. Drootin, Esq.
Boris Bershteyn, Esq.
Karen H. Lent, Esq.
Sam Auld, Esq.
SKADDEN ARPS SLATE MEAGHAR & FLOM LLP
One Manhattan West, 50th Floor
New York, NY 10001-8602
Phone: (212) 735-2589
Fax: (917) 777-2589
Email: adam.kochman@skadden.com
anna.drootin@skadden.com
boris.bershteyn@skadden.com
Karen.Lent@skadden.com
sam.auld@skadden.com
- and -
Evan R. Kreiner, Esq.
SKADDEN ARPS SLATE MEAGHER AND FLOM LLP
Four Times Square
New York, NY 10036
Phone: (212) 735-3000
Fax: (212) 735-2000
Email: evan.kreiner@skadden.com
ZERO BREEZE: Website Inaccessible to the Blind, Miller Says
-----------------------------------------------------------
KIMBERLY MILLER, on behalf of herself and all other persons
similarly situated, Plaintiff v. ZERO BREEZE TECH INC., Defendant,
Case No. 1:24-cv-01188 (W.D.N.Y., December 3, 2024) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://zerobreeze.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 and the New York
State Human Rights Law.
During Plaintiff's visits to the website, the last occurring on
November 23, 2024, in an attempt to purchase Zero Breeze Mark 2 AC
from the Defendant and to view the information on the website, the
Plaintiff encountered multiple access barriers that denied her a
shopping experience similar to that of a sighted person and full
and equal access to the goods and services offered to the public
and made available to the public. The Plaintiff has suffered and
continues to suffer frustration and humiliation as a result of the
discriminatory conditions present on Defendant's website. These
discriminatory conditions continue to contribute to Plaintiff's
sense of isolation and segregation, 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.
Zero Breeze Tech Inc. operates the website that sells portable air
conditioners.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
ZOOMINFO TECHNOLOGIES: Ohio Funds Appointed as Lead Plaintiff
-------------------------------------------------------------
In the class action lawsuit captioned as CITY OF PONTIAC POLICE AND
FIRE RETIREMENT SYSTEM, v. ZOOMINFO TECHNOLOGIES INC. ET AL., Case
No. 3:24-cv-05739-TMC (W.D. Wash.), the Hon. Judge Tiffany
Cartwright entered an order granting Ohio Funds' motion for
appointment as lead plaintiff and to appoint lead counsel:
-- The motions filed by Plaintiffs Hampton Roads Shipping
Association, International Longshoreman's Association, Dekalb
County Pension Fund and Teachers Retirement System of Louisiana
are denied.
-- Consistent with the Court's previous scheduling order, the
parties
are directed to confer and submit to the Court a proposed
schedule
with deadlines for the filing of an amended complaint (or
designation of an operative complaint) and for Defendants to
answer or otherwise respond. The parties shall submit their
proposed schedule within 14 days from entry of this Order.
-- The Court finds that this class action was properly noticed on
Sept. 4, 2024, and that each movant's motion to appoint lead
plaintiff was timely filed under the deadlines imposed by the
PLSRA. All movants have therefore met the statutory notice
requirements.
-- The Court finds that the Ohio Funds have satisfied the
typicality
and adequacy requirements of Rule 23.
-- On Sept. 4, 2024, the Plaintiff filed this class action
complaint
on behalf of itself and all others similarly situated against
the
Defendants.
-- The Plaintiffs allege that Defendants violated the Securities
Eaxchange Act of 1934 and related Securities and Exchange
Commission (SEC) regulations when they made materially false
and
misleading statements and omissions about ZoomInfo's financial
status.
ZoomInfo is a software and data company whose main product is a
commercial data platform specializing in contact and business
information.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=u3GFps at no extra
charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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