/raid1/www/Hosts/bankrupt/CAR_Public/241224.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, December 24, 2024, Vol. 26, No. 257
Headlines
122 INDUSTRIES LLC: McDougall Files TCPA Suit in D. Colorado
3M COMPANY: Compton Suit Removed to C.D. California
ACIMA CREDIT: Holm Suit Removed to S.D. California
ALL VALLEY: Martinez Sues Over Failure to Pay Overtime Wages
AMAZON.COM INC: Ulery Sues Over Returned Items' Refund Scheme
AMAZON.COM SERVICES: Tapia Suit Removed to C.D. California
AMERICAN CRUISE: Kirk Seeks to Certify Class
AMERICAN HONDA: Plotts Suit Transferred to N.D. Illinois
AMGEN INC: Carefirst Suit Removed to E.D. Virginia
ARMADA SKILLED: Bid to Substitute Plaintiff in Valencia Suit OK'd
AUDIBLE INC: Hollis Sues Over Unlawful Expiration of Plan Credits
BENSON INDUSTRIES: Lyons Labor Suit Removed to N.D. Cal.
BJ'S WHOLESALE CLUB: Oaks Suit Removed to D. New Jersey
BOEING COMPANY: Plaintiffs Seek to Certify Rule 23 Class
BOJANGLES RESTAURANTS: Davis Sues Over Private Data Breach
BOTH INC: Class Cert Reply Brief Filing Extended to Jan. 7, 2025
BOTTLEROCKET WINE: Liz Seeks Equal Website Access for the Blind
BRITTANY GREENE: Boyce Allowed to File Amended Complaint
BROOKDALE SENIOR: Cross-Bids for Summary Judgment Partly OK'd
CALCON MUTUAL: Faya Files TCPA Suit in S.D. Florida
CAPSTONE LOGISTICS: Montes Labor Suit Removed to E.D. Cal.
CASSAVA SCIENCES: Bids for Lead Plaintiff Deadline Set February 10
CENTERRA SERVICES: Miranda Sues Over Unpaid Overtime Wages
CENTRAL GARDEN: Must File Opposition by Jan. 15, 2025
CHARTER COMMUNICATIONS: Garcia Labor Suit Removed to W.D. Calif.
COLUMBUS REGIONAL: $1.1-Mil. Class Settlement Gets Initial Nod
CONNECTONCALL.COM LLC: Giarrizzo Files Suit in E.D. New York
CROWDSTRIKE HOLDINGS: Faces Unfair Competition Suit in TX Court`
CVS HEALTH: Brooks Sues Over Unlawful Wiretapping of Communications
CVS HEALTH: O'Neal Seeks Unpaid Wages for Pharmacy Technicians
DELTA AIR: Sandhu Suit Seeks Unpaid Wages for Ramp Agents
DOVER FEDERAL: Thomas Balks at Unfair Overdraft Fee Assessment
DUKE ENERGY: Keiser Sues Over Failure to Safeguard Information
FALFURRIAS MANAGEMENT: BPL Suit Removed to N.D. Georgia
FIRST FINANCIAL: Arrington Sues Over Failure to Safeguard PII
FISHER-PRICE INC: Gates Suit Transferred to W.D. New York
FIVE9 INC: Lucid Alternative Sues Over Securities Law Breaches
FORD MOTOR: Jones Seeks Unpaid Overtime Pay for Coaches
FORD MOTOR: Silberman Sues Over Structural Defect
FRESHLUNCHES INC: Claros Files Suit in Cal. Super. Ct.
GANNETT CO: Deddeh Sues Over Unlawful Disclosure of Private Info
GENE BY GENE: Discloses Genetic Info to Facebook, Soto Suit Claims
GENERAL MOTORS: Class Cert Bid Filing Extended to Dec. 1, 2025
GENERATIONS OF VERNON: Miscalculates Overtime Pay, Godsey Suit Says
GOLD MEDAL: Schaffer Suit Seeks Unpaid Overtime for Loaders
JO MALONE: Deol Sues Over Unlawful Private Data Sharing
KAISER FOUNDATION: Novruzova Files TCPA Suit
KEESAL YOUNG: Loftus Balks at Failure to Protect Sensitive Data
KINETA INC: M&A Probes Proposed Merger With TuHURA Biosciences
LUXURY TIME: Faces Agnone Suit Over Blind-Inaccessible Website
MARQETA INC: Bids for Lead Plaintiff Deadline Set February 7
MCDONALD'S CORP: Faces Suit Over Breakfast Combos' Deceptive Ads
MIDLAND CREDIT: Cook Files FDCPA Suit in S.D. California
MIELLE ORGANICS: Williams Files Suit in N.D. Illinois
MILLENNIUM GEM: Website Inaccessible to the Blind, Agostini Says
MISSION CEVICHE: Flores Seeks Rule 23 Class Certification
MOBIUSPAY INC: Flexsenal & Master Factor Sue Over Unlawful Charges
NATIONAL GRID: Class Cert Response Filing Extended to Jan. 6, 2025
NORTHEAST WORK: Class Cert Filing in Obermeier Due July 14, 2025
NOVA HOME: Savinova Seeks OK of Renewed Bid for Class Status
NUSCALE POWER: Tucker Suit Challenges Validity of Waiver Provision
ONPOINT INDUSTRIAL: Fails to Properly Pay Laborers, Villafan Claims
PERDUE FARMS: Jien Suit Seeks to Certify Injunctive Class
PERDUE FARMS: Plaintiffs Seek to File Class Cert Bid Under Seal
PNC INVESTMENTS: Hegazy Sues Over Breach of Fiduciary Duties
QUALTEK LLC: Torrez Bid to Certify Collective Tossed w/o Prejudice
QUOTEWIZARD.COM LLC: Mantha Seeks OK of Proposed Notice Plan
R.W. GARCIA CO: Melendez Suit Removed to S.D. New York
RANA POULTRY: Gonzalez Sues Over Unpaid Minimum, Overtime Wages
RICOH USA: Ballungay Suit Removed to C.D. California
RL AUTOMATIONS: Ludlow Files TCPA Suit in E.D. Texas
RUSSELL ROAD FOOD: Hayes Sues Over Unpaid Minimum Wages
SAG-AFTRA HEALTH: Fails to Protect Customers' Info, Wilkof Alleges
SAVILINX LLC: Calzetta Files Suit in Mass. Super. Ct.
SCALE AI: Faces McKinney Wage-and-Hour Suit in Cal. Super.
SEAVIEW INSURANCE: Modified Sealing Procedures OK'd
SEAVIEW INSURANCE: Plaintiffs Seek to Seal Portions of Class Docs
SENIOR VILLAGE: Class Cert Bid Filing in Markle Due Nov. 21, 2025
SPINSTER SISTERS: Murphy Seeks Equal Website Access for the Blind
SPORTSMAN'S WAREHOUSE: Continues to Defend Securities Class Suit
STAFFING 360: M&A Investigates Proposed Merger With Atlantic
TASMANIA: Faces Class Action Suit Over Jumping Castle Tragedy
TRANSAMERICA LIFE: Plaintiffs Allowed Leave to File Memo Under Seal
TUFTS UNIVERSITY: Summary Judgment vs Schmidhauser Partly OK'd
US BANCORP: Class Cert Bid Filing in Dionicio Due April 30, 2025
VANN VIRGINIA CENTER: McNair Files Suit in E.D. Virginia
VERIZON COMMUNICATIONS: Wappinger Suit Removed to S.D.N.Y.
WALSWORTH PUBLISHING: Fish Balks at Unprotected Personal Info
WELEDA INC: Murphy Sues Over Blind's Equal Access to Online Store
WEST SHORE: Sends Unwanted Telemarketing Messages, Merson Alleges
WINE SOCIETE: Afanador Files Suit in Cal. Super. Ct.
WIRELESS VISION: Llanos Files Suit in Cal. Super. Ct.
XEROX HOLDINGS: Bids for Lead Plaintiff Deadline Set January 21
*********
122 INDUSTRIES LLC: McDougall Files TCPA Suit in D. Colorado
------------------------------------------------------------
A class action lawsuit has been filed against 122 Industries LLC.
The case is styled as Thomas McDougall, on behalf of himself and
others similarly situated v. 122 Industries LLC, Case No.
1:24-cv-03476-CNS (D. Colo., Dec. 16, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.[BN]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (617) 485-0018
Fax: (508) 318-8100
Email: anthony@paronichlaw.com
3M COMPANY: Compton Suit Removed to C.D. California
---------------------------------------------------
The case styled as Matthew S. Compton and Elizabeth Compton, and
others similarly situated v. 3M COMPANY f/k/a MINNESOTA MINING AND
MANUFACTURING COMPANY, et al., Case No. 24STCV26028 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. 12, 2024, and assigned Case No.
2:24-cv-10735.
The Plaintiffs' Complaint sets forth Seven Causes of Action,
namely: Strict Liability - Design Defect / Manufacturing Defect /
Failure to Warn -- Maritime Law; Strict Liability -- Design Defect
/ Manufacturing Defect / Failure to Warn -- California Law;
Negligence / Negligent Failure to Warn - Maritime Law; Negligence /
Negligent Failure to Warn -- California Law; False Representation
Under Restatement of Torts Section 402-B; Intentional
Tort/Intentional Failure to Warn/Concealment; and Loss of
Consortium.[BN]
The Defendants are represented by:
Peter B. Langbord, Esq.
Phoebe Yifei Hu, Esq.
FOLEY & MANSFIELD, PLLP
181 W. Huntington Drive, Suite 210
Monrovia, CA 91016
Phone (213) 283-2100
Facsimile (213) 283-2101
Email: plangbord@foleymansfield.com
phu@foleymansfield.com
ACIMA CREDIT: Holm Suit Removed to S.D. California
--------------------------------------------------
The case styled as Gaberik Holm, individually, and on behalf of all
others similarly situated v. ACIMA CREDIT DIGITAL, LLC (f/k/a ACIMA
CREDIT, LLC d/b/a ACIMA CREDIT LEASING), Case No. 24CU019677N was
removed from the Superior Court of the State of California, County
of San Diego, to the United States District Court for the Southern
District of California on Dec. 16, 2024, and assigned Case No.
3:24-cv-02345-GPC-AHG.
In the State Court Action, Plaintiff has alleged the following
claims for relief: Violations of the Military Lending Act, (the
"MLA"), and Violations of the Truth in Lending Act (the
"TILA").[BN]
The Defendants are represented by:
Matthew Previn, Esq.
Bradley J. Bondi, Esq.
Michael Morrill, Esq.
PAUL HASTINGS LLP
200 Park Avenue
New York, NY 10166
Phone: (212) 318-6000
Facsimile: (212) 319-4090
Email: matthewprevin@paulhastings.com
bradbondi@paulhastings.com
michaelmorrill@paulhastings.com
- and -
Christopher H. McGrath, Esq.
PAUL HASTINGS LLP
4655 Executive Drive, Suite 350
San Diego, CA 92121
Phone: (858) 458-3000
Facsimile: (858) 458-3005
Email: chrismcgrath@paulhastings.com
ALL VALLEY: Martinez Sues Over Failure to Pay Overtime Wages
------------------------------------------------------------
Adrian Martinez, individually and on behalf of all others similarly
situated v. ALL VALLEY INNOVATIONS GROUP LLC, and ENRIQUE
CASTELLANO, individually, Case No. 4:24-cv-04936 (S.D. Tex., Dec.
16, 2024), is brought under this Fair Labor Standards Act ("FLSA")
as a result of the Defendant's failure to pay overtime wages.
The Defendants failed to pay Plaintiff in accordance with the FLSA
in that they failed to pay Plaintiff time and one-half Plaintiff's
regular hourly rate (overtime pay) for working weekly hours worked
in excess of 40 (overtime hours). Plaintiff brings this action as a
collective action pursuant to the FLSA.
Despite having knowledge of the FLSA and that Plaintiff worked
these overtime hours, Defendants did not pay Plaintiff at overtime
rates for all overtime hours worked. Rather, Defendants engaged in
an intentional and reckless operation to deprive Plaintiff and
their other hourly employees of the benefits of the FLSA by failing
to pay them for all hours worked, including overtime hours, and at
the rates required by the FLSA. Defendants also relied on the use
of paper time records and broadly classified individuals as
independent contractors. However, Plaintiff and other
similarly-situated hourly-paid individuals were employed as
employees, thus entitled to the benefits of the FLSA, says the
complaint.
The Plaintiff was employed by Defendants through January of 2023,
and was paid on an hourly basis.
The Defendant has been enterprise engaged in commerce or in the
production of goods for commerce.[BN]
The Plaintiff is represented by:
Colby Qualls, Esq.
FORESTER HAYNIE PLLC
400 North Saint Paul Street, Suite 700,
Dallas, TX 75201
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: cqualls@foresterhaynie.com
AMAZON.COM INC: Ulery Sues Over Returned Items' Refund Scheme
-------------------------------------------------------------
DAVID ULERY, on behalf of himself and all others similarly
situated, Plaintiff v. AMAZON.COM, INC., Defendant, Case No.
2:24-cv-02029 (W.D. Wash., December 10, 2024) is a class action
against the Defendant for conversion and unjust enrichment.
The case arises from Amazon's policy and practice of offering full
refunds on returned items, then systematically failing to return
the full purchase price of those items, attributing the shortfall
to a glitch in its computer system. However, when informed of the
shorted refund, Amazon makes no attempt to refund the remaining
balance and moreover, makes no attempt to rectify the alleged
glitch. Amazon's refund scheme constitutes conversion because
Amazon has intentionally exercised dominion and control over the
Plaintiff's and similarly situated consumers' money, suit says.
Further, Amazon has been unjustly enriched by retaining money that
it is not entitled to retain, says the suit.
Amazon.com, Inc. is an e-commerce company, headquartered in King
County and doing business throughout Washington and the United
States. [BN]
The Plaintiff is represented by:
Kira M. Rubel, Esq.
THE HARBOR LAW GROUP
8811 N. Harborview Dr. Ste. B
Gig Harbor, WA 98332
Telephone: (253) 358-2215
Email: kira@theharborlawgroup.com
- and -
Scott D. Owens, Esq.
SCOTT D. OWENS, P.A.
2750 N. 29th Ave., Ste. 209A
Hollywood, FL 33020
Telephone: (954) 589-0588
Email: Scott@ScottDOwens.com
AMAZON.COM SERVICES: Tapia Suit Removed to C.D. California
----------------------------------------------------------
The case styled as Mario Tapia, on behalf of himself and all others
similarly situated and Aggrieved Employees and the State of
California as Private Attorney General v. AMAZON.COM SERVICES, LLC,
DOES 1 through 50 inclusive, Case No. CIVVS2400395 was removed from
the Superior Court of the State of California for the County of San
Bernardino, to the United States District Court for the Central
District of California on Dec. 12, 2024, and assigned Case No.
5:24-cv-02635.
The Plaintiff alleges seven causes of action against Amazon:
Failure to Provide Plaintiff's Personnel File; Failure to Produce
Signed Records; Failure to Produce Wage Statements; Failure to
Provide Recovery Periods; Waiting Time Penalties; Business
Practices; and Civil Penalties Pursuant to the Private Attorneys
General Act ("PAGA").[BN]
The Defendants are represented by:
Michael J. Holecek, Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: mholecek@gibsondunn.com
- and -
Natalie D. Dygert, Esq.
GIBSON, DUNN & CRUTCHER LLP
3161 Michelson Drive
Irvine, CA 92612-4412
Phone: 949.451.3800
Facsimile: 949.451.4220
Email: ndygert@gibsondunn.com
AMERICAN CRUISE: Kirk Seeks to Certify Class
--------------------------------------------
In the class action lawsuit captioned as DARIU KIRK, on behalf of
himself and all others similarly situated, v. AMERICAN CRUISE
LINES, INC., Case No. 3:23-cv-01057-VAB (D. Conn.), the Plaintiff
asks the Court to enter an order:
(1) Certifying the following class:
"All natural persons residing within the United States and
its
Territories about whom, (i) beginning five (5) years prior
to
the filing of this Complaint and continuing through the
conclusion of this action, (ii) were the subject of a
consumer
report used by the Defendant for employment purposes, (iii)
were the subject of an adverse employment action by the
Defendant, and (iv) were not provided with a copy of the
report
and/or a written summary of their rights under the FCRA at
least five (5) business days prior to the adverse action;"
(2) Appointing Plaintiff Dariu Kirk as Class Representative; and
(3) Appointing Plaintiff's Counsel as Class Counsel.
American Cruise offers 50+ US River Cruises along the Mississippi,
Columbia & Snake Rivers, New England & Alaska Waterway.
A copy of the Plaintiff's motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=w7EfDc at no extra
charge.[CC]
The Plaintiff is represented by:
James A. Francis, Esq.
Lauren KW Brennan, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jfrancis@consumerlawfirm.com
lbrennan@consumerlawfirm.com
- and -
Jeffrey B. Sand, Esq.
WEINER & SAND LLC
800 Battery Avenue SE, Suite 100
Atlanta, GA 30339
Telephone: (404) 205-5029
Facsimile: (866) 800-1482
E-mail: js@wsjustice.com
- and -
Sarah Poriss, Esq.
777 Farmington Avenue
West Hartford, CT 06119
Telephone: (860) 233-0336
Facsimile: (866) 424-4880
E-mail: sarahporiss@prodigy.net
AMERICAN HONDA: Plotts Suit Transferred to N.D. Illinois
--------------------------------------------------------
The case captioned as Alec Plotts, Marc Caine, Leticia Rivera, on
behalf of themselves and all others similarly situated v. American
Honda Motor Co., Inc., Case No. 2:22-cv-04529 was transferred from
the United States District Court for the Central District of
California, to the United States District Court for the Northern
District of Illinois on Dec. 16, 2024.
The District Court Clerk assigned Case No. 1:24-cv-12883 to the
proceeding.
The nature of suit is stated as Other Contract.
The American Honda Motor Company, Inc. -- https://www.honda.com/ --
(sometimes abbreviated as AHM) is the North American subsidiary of
Japanese Honda Motor Company.[BN]
The Plaintiffs are represented by:
Joshua Markovits, Esq.
Sergei Lemberg, Esq.
Stephen F. Taylor, Esq.
LEMBERG LAW LLC
43 Danbury Road, 3rd Floor
Wilton, CT 06897
Phone: (203) 653-2250
Fax: (203) 653-3424
Email: jmarkovits@lemberglaw.com
slemberg@lemberglaw.com
staylor@lemberglaw.com
- and -
Trinette Gragirena Kent
LEMBERG LAW LLC
1100 West Town and Country Rd
Orange, CA 92868
Phone: (480) 247-9644
Fax: (480) 717-4781
Email: tkent@lemberglaw.com
The Defendants are represented by:
Livia M. Kiser, Esq.
KING & SPALDING LLP
633 W. Fifth Street, Suite 1600
Los Angeles, CA 90071
Phone: (213) 443-4355
Email: lkiser@kslaw.com
- and -
Andrew E. Nieland, Esq.
KING & SPALDING
110 N Wacker Drive, Suite 3800
Chicago, IL 60606
Phone: (312) 995-6333
Email: anieland@kslaw.com
- and -
Bryan M. Hogg, Esq.
SHOOK HARDY AND BACON LLP
1 Rockefeller Plaza, Suite 2801
New York, NY 10020
Phone: (212) 989-8844
Fax: (929) 501-5455
Email: bhogg@shb.com
- and -
John Christopher Mitchell, Esq.
KING AND SPALDING LLP
50 California Street Suite 3300
San Francisco, CA 94111
Phone: (415) 318-1237
Fax: (415) 318-1300
Email: cmitchell@kslaw.com
- and -
Michael Brian Shortnacy, Esq.
SHOOK, HARDY AND BACON L.L.P.
2121 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067
Phone: (424) 324-3494
Email: mshortnacy@shb.com
- and -
Rachael M. Trummel, Esq.
JENNER & BLOCK LLP
353 N Clark St
Chicago, IL 60654
Phone: (312) 840-7530
Email: rtrummel@jenner.com
AMGEN INC: Carefirst Suit Removed to E.D. Virginia
--------------------------------------------------
The case is styled as Carefirst of Maryland, Inc., Group
Hospitalization and Medical Services, Inc., on behalf of themselves
and all others similarly situated v. Amgen, Inc., CareFirst
BlueChoice, Inc., Case No. 2:24-mc-00134 was removed from the U.S.
District Court for the Central District of California, to the U.S.
District Court for the Eastern District of Virginia on Dec. 12,
2024.
The District Court Clerk assigned Case No. 2:24-cv-00705-JKW-LRL to
the proceeding.
The nature of suit is stated Other Statutory Actions.
Amgen Inc. -- https://www.amgen.com/ -- is an American
multinational biopharmaceutical company headquartered in Thousand
Oaks, California.[BN]
The Plaintiff is represented by:
Abbye Rose Klamann Ognibene, Esq.
Whitney E. Street, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1 Faneuil Hall Square, Suite 5th Floor
Boston, MA 02109
Phone: (617) 482-3700
Email: abbyeo@hbsslaw.com
whitneyst@hbsslaw.com
- and -
Christopher Pitoun, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 920
Pasadena, CA 91101
Phone: (213) 330-7150
Fax: (213) 330-7152
Email: christopherp@hbsslaw.com
- and -
Raymond Girnys, Esq.
LOWEY DANNENBERG P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Phone: (914) 997-0500
Email: Rgirnys@lowey.com
The Defendant is represented by:
Meredith Laughlin Allen, Esq.
MCGUIRE WOODS LLP
1075 Peachtree Street NE, Suite 3500
Atlanta, GA 30309
Phone: (404) 443-5738
Email: mlallen@mcguirewoods.com
- and -
Mark Husted, Esq.
HENDRICK PHILLIPS SALZMAN & SIEGEL, P.C.
230 Peachtree Street, N.W., Suite 2500
Atlanta, GA 30303
Phone: (256) 453-7506
Email: markhusted@strottdillon.com
ARMADA SKILLED: Bid to Substitute Plaintiff in Valencia Suit OK'd
-----------------------------------------------------------------
In the lawsuit titled GRETCHEN VALENCIA, individually and on behalf
of all others similarly situated, Plaintiff v. ARMADA SKILLED HOME
CARE OF NM LLC, ARMADA HOME HEALTHCARE OF SOCORRO, LLC, and
CHRISTOPHER TAPIA, Defendants, Case No. 1:18-cv-01071-KG-JFR
(D.N.M.), Judge Kenneth J. Gonzales of the U.S. District Court for
the District of New Mexico grants the Plaintiff's motion to
substitute.
The matter is before the Court on the Plaintiff's Opposed Motion to
Substitute Named Plaintiff and for Leave to Amend the Complaint,
filed April 19, 2024. The Defendants filed their Response on May 2,
2024, and the Plaintiff filed her Reply on May 23, 2024.
Currently, the named Plaintiff, Gretchen Valencia, is a Registered
Nurse, who was the Defendants' employee from October 2016 to
November 2018. As an employee, the Plaintiff provided in-home
healthcare services to patients. On Nov. 15, 2019, the Plaintiff
filed her First Amended Collective and Class Action Complaint. She
alleges the Defendants wrongfully denied her and other home
healthcare workers overtime pay for all hours worked in excess of
40 hours in given workweeks in violation of the Fair Labor
Standards Act of 1938 ("FLSA"), the New Mexico Minimum Wage Act
("NMMWA"), and the New Mexico Wage Payment Act ("NMWPA").
The Plaintiff's overarching allegation is that the Defendants
violated FLSA, NUMWA, and the NMWPA by knowingly failing to pay
their home health workers all overtime premium wages due for the
overtime work they performed despite classifying them as non-exempt
under the FLSA and eligible for overtime pay. The Plaintiff states
the Defendants maintained a policy and practice of paying home
health workers on a "per event" basis for time spent visiting
patients based on a set visit rate for each visit completed of a
certain type.
The Plaintiff alleges the Defendants required home healthcare
workers to use a specific software to track their time on certain
tasks, but the Defendants do not use the software to log workers'
time spent on other tasks, like travel, preparing for visits,
email, voicemail, communicating with patients and other medical
providers, and coordinating care. As a result, the Plaintiff
asserts the Defendants routinely permitted home health workers,
including the Plaintiff, to work more than 40 hours per week, but
did not pay these workers overtime wages at a rate of 1.5 times
their regular rate.
Now, the Plaintiff requests a second amendment to her complaint to
substitute Valencia for three other named plaintiffs. Beverly
Apodaca, Gretchen Schmidt, and Nena Vigil, the proposed named
Plaintiffs, have been a part of this case since August 2020, and
have participated in the discovery process since then.
The Defendants argue the rules and cases do not support allowing a
named Plaintiff to be substituted and remain a part of the lawsuit
without justification. In response, the Plaintiff asserts the
Defendants do not point to any authority suggesting otherwise and
further asserts the Defendants do not point to prejudice or
injustice that would result from allowing such an amendment.
The Court acknowledges the Defendants' argument that the Plaintiff
has not put forward case law supporting her request to move a named
plaintiff to unnamed status. However, the Court also acknowledges
the Defendants do not cite any authority supporting their
position.
The Defendants argue the Plaintiff fails to show justice requires a
second amendment to the Complaint. The Court disagrees. In a class
action, Judge Gonzales opines that the named plaintiff must be able
to protect the interests of unnamed proposed class members. The
Plaintiff states she is currently experiencing personal matters
that preclude her from fulfilling her responsibilities as the class
representative.
Although the Plaintiff did not inform the Court exactly what
personal matters she is experiencing, she has unequivocally stated
she cannot perform her duties as a named plaintiff. Thus, the Court
determines justice requires allowing this substitution to protect
the interests of the unnamed Plaintiffs.
To the extent the Defendants argue they will be prejudiced should
the amendment be allowed, the Court is not persuaded. The three
proposed named Plaintiffs have been a part of this case since 2020,
the Defendants have been aware of their claims and have been able
to conduct discovery concerning each Plaintiff. Thus, the Court
determines the necessity for named plaintiffs to be able to protect
the entire class outweighs any potential prejudice resulting from
the proposed amendment.
For these reasons, the Court grants the Plaintiff's Motion.
A full-text copy of the Court's Memorandum Opinion and Order is
available at https://tinyurl.com/3xpbmptm from PacerMonitor.com.
AUDIBLE INC: Hollis Sues Over Unlawful Expiration of Plan Credits
-----------------------------------------------------------------
JONATHON HOLLIS, individually and on behalf of all others similarly
situated, Plaintiff, v. AUDIBLE, INC., Defendant, Case No.
2:24-cv-01999 (W.D. Wash., December 4, 2024) accuses the Defendant
of violating Washington's Gift Certificate Law and the Washington
Consumer Protection Act.
According to the complaint, consumers, like Plaintiff, purchase
Audible plans expecting to receive credits that they can later use
to purchase Audible titles. However, the Audible credits expire a
year after issue. Because of this, consumers are often unable to
use the Audible credits before they expire, says the suit.
Headquartered in Newark, NJ, Audible, Inc. sells audiobooks and
other audio titles.[BN]
The Plaintiff is represented by:
Jonas Jacobson, 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
BENSON INDUSTRIES: Lyons Labor Suit Removed to N.D. Cal.
--------------------------------------------------------
The case styled TYRESE LYONS, individually, and on behalf of all
others similarly situated, Plaintiff v. BENSON INDUSTRIES, INC., a
corporation; and DOES I through 10, inclusive, Defendants, Case No.
CGC-23-610746, was removed from the Superior Court for the State of
California, in and for the County of San Francisco, to the United
States District Court for the Northern District of California on
December 5, 2024.
The District Court Clerk assigned Case No. 3:24-cv-08791 to the
proceeding.
The suit arises from the Defendants' alleged violations of the
California Labor Code and the California Business and Professions
Code.
Benson Industries, Inc. designs, engineers, supplies, and installs
curtain wall external cladding.[BN]
Defendant Benson Industries, Inc. is represented by:
Jyoti Mittal, Esq.
James Payer, Esq.
Joy Cho, Esq.
LITTLER MENDELSON P.C.
2049 Century Park East 5th Floor
Los Angeles, CA 90067-3107
Telephone: (310) 553-0308
Facsimile: (800) 715-1330
E-mail: jmittal@littler.com
jpayer@littler.com
jcho@littler.com
BJ'S WHOLESALE CLUB: Oaks Suit Removed to D. New Jersey
-------------------------------------------------------
The case styled as Mark Oaks, on behalf of himself and all others
similarly situated v. BJ'S WHOLESALE CLUB, INC., Case No.
ESX-L-007990-24 was removed from the Superior Court of New Jersey,
Essex County, to the United States District Court for the District
of New Jersey on Dec. 16, 2024, and assigned Case No.
2:24-cv-11185.
The Plaintiff filed a Complaint alleging violations of Title III of
the Americans with Disabilities Act.[BN]
The Plaintiff is represented by:
Daniel Zemel, Esq.
ZEMEL LAW LLC
400 Sylvan Ave, Suite 200
Englewood Cliffs, NJ 07632
Email: dz@zemellawllc.com
The Defendants are represented by:
Michael J. Gesualdo
ROBINSON MILLER LLC
110 Edison Place, Suite 302
Newark, NJ 07102
Phone: (973) 690-5400
Facsimile: (973) 466-2761
Email: mgesualdo@rwmlegal.com
- and -
George L. Stevens, Esq.
VORYS, SATER, SEYMOUR AND PEASE LLP
52 E. Gay Street
P.O. Box 1008
Columbus, OH 43216
Phone: (614) 464-6328
Facsimile: (614) 464-6328
Email: glstevens@vorys.com
BOEING COMPANY: Plaintiffs Seek to Certify Rule 23 Class
--------------------------------------------------------
In the class action lawsuit re The Boeing Company Securities
Litigation, Case No. 1:24-cv-00151-LMB-LRV (E.D. Va.), the
Plaintiffs ask the Court to enter an order:
-- Certifying a class under Federal Rules of Civil Procedure 23(a)
and (b)(3),
-- Appointing Plaintiffs as Class Representatives,
-- Appointing Labaton Keller Sucharow LLP and Robbins Geller
Rudman &
Dowd LLP as Class Counsel pursuant to Federal Rule of Civil
Procedure 23(g), and
-- Appointing Cohen Milstein Sellers & Toll PLLC and The Office of
Craig C. Reilly as Liaison Counsel.
Boeing is an American multinational corporation that designs,
manufactures, and sells airplanes, rotorcraft, and rockets.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DSWPEb at no extra
charge.[CC]
The Plaintiffs are represented by:
Carol C. Villegas, Esq.
Christine M. Fox, Esq.
Jake Bissell-Linsk, Esq.
LABATON KELLER SUCHAROW
LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: cvillegas@labaton.com
cfox@labaton.com
jbissel-linsk@labaton.com
- and -
Chad Johnson, Esq.
Noam Mandel, Esq.
Jonathan Zweig, Esq.
Desiree Cummings, Esq.
Brent Mitchell, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
420 Lexington Ave., Suite 1832
New York, NY 10170
Telephone: (212) 432-5100
E-mail: chadj@rgrdlaw.com
noam@rgrdlaw.com
jzweig@rgrdlaw.com
dcummings@rgrdlaw.com
bmitchell@rgrdlaw.com
- and -
Steven J. Toll, Esq.
S. Douglas Bunch, Esq.
COHEN MILSTEIN SELLERS
& TOLL PLLC
1100 New York Avenue, N.W. Suite 500
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: stoll@cohenmilstein.com
dbunch@cohenmilstein.com
- and -
Craig C. Reilly, Esq.
THE OFFICE OF CRAIG C. REILLY
209 Madison Street, Suite 501
Alexandria, VA 22314
Telephone: (703) 549-5354
Facsimile: (703) 549-5355
E-mail: craig.reilly@ccreillylaw.com
BOJANGLES RESTAURANTS: Davis Sues Over Private Data Breach
----------------------------------------------------------
JASON DAVIS, on behalf of himself and on behalf of all others
similarly situated, Plaintiff v. BOJANGLES' RESTAURANTS, INC.,
Defendant, Case No. 5:24-cv-00694 (E.D.N.C., Dec. 4, 2024) arises
from Defendant's breach of duty to properly safeguard and protect
Plaintiff's and Class members' personal information.
On March 12, 2024, Defendant Bojangles detected suspicious activity
on its computer network, indicating a data breach. Based on a
subsequent forensic investigation, Bojangles determined that
cybercriminals infiltrated its inadequately secured computer
environment and thereby gained access to its data files between
February 19, 2024 through March 12, 2024. Accordingly, the
Plaintiff seeks redress for Defendant's unlawful conduct of failing
to timely detect the data breach, failing to take adequate steps to
prevent and stop the data breach, failing to disclose the material
facts that it did not have adequate security practices in place to
safeguard the personal information, and failing to provide timely
and adequate notice of the data breach. Plaintiff also asserts
claims for negligence, breach of implied contract, unjust
enrichment, and breach of fiduciary duty.
Headquartered in Raleigh, NC, Bojangles is a Southern-inspired
fast-food chain known for fried chicken & biscuits. [BN]
The Plaintiff is represented by:
Brandon C. Pettijohn, Esq.
PETTIJOHN & GETTY, PLLC
1022 Grandiflora Dr., Ste. 160
Leland, NC 28451
Telephone: (910) 910-9010
Facsimile: (910) 679-6016
E-mail: brandon@portcityattorney.com
- and -
Leigh S. Montgomery, Esq.
EKSM, LLP
1105 Milford Street
Houston, TX 77006
Telephone: (888) 350-3931
Facsimile: (888) 276-3455
E-mail: lmontgomery@eksm.com
BOTH INC: Class Cert Reply Brief Filing Extended to Jan. 7, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as ADRIAN DAIL, et al.
BRITTANY TURNER, KATHY TURNER, FERMIN MARTINEZ, BARBARA ZEUCH,
DANIELLE DAIL, MELISSA POWERS, ASHLEY PARRISH, PATRICIA NEVILLE
POPE, BRITTNEY MICHIE, KELLIE PIERCE, SHARON PENDLETON, and SABRINA
MILLER, Individually and on behalf of all Others similarly
situated, V. BOTH, Inc., et al., Case No. 2:23-cv-00276-JKW-DEM
(E.D. Va.), the Hon. Judge Douglas Miller entered an order granting
the Plaintiffs an extension to file their Reply brief in support of
their Motion for Class Certification Pursuant to Federal Rule 23
and Fair Labor Standards Act (FLSA) Conditional Certification to
Jan. 7, 2025.
Both Inc. is a bank holding company owning or controlling one or
more banks.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6x65xf at no extra
charge.[CC]
The Plaintiffs are represented by:
Harris D. Butler, III, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
Samantha Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
The Defendants are represented by:
Paul DeCamp, Esq.
Kathleen Barrett, Esq.
EPSTEIN, BECKER & GREEN, P.C.
1227 25th Street, NW, Suite 700
Washington, DC 20037
Telephone: (202) 861-1819
Facsimile: (202) 861-3571
E-mail: pdecamp@ebglaw.com
kbarrett@ebglaw.com
- and -
Randy C. Sparks, Jr., Esq.
Catrina C. Waltz, Esq.
KAUFMAN & CANOLES, P.C.
1021 E. Cary Street, Suite 1400
Richmond, VA 23219
Telephone: (804) 771-5700
Facsimile: (888) 360-9092
E-mail: rcsparks@kaufcan.com
ccwaltz@kaufcan.com
BOTTLEROCKET WINE: Liz Seeks Equal Website Access for the Blind
---------------------------------------------------------------
PEDRO LIZ, on behalf of himself and all others similarly situated,
Plaintiff v. Bottlerocket Wine & Spirit, LLC, Defendant, Case No.
1:24-cv-09264 (S.D.N.Y., December 5, 2024) is a civil rights action
against Bottlerocket Wine & Spirit for their failure to design,
construct, maintain, and operate their website,
https://www.bottlerocket.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
On November 19, 2024, the Plaintiff was searching for a wine shop
to purchase beverages for Thanksgiving Day and gift sets for the
upcoming holidays. When he came across the Defendant's website, he
intended to buy wine and, before visiting the store, wanted to
explore the products online. While browsing the website, the
Plaintiff encountered several accessibility issues, including
non-interactive elements being incorrectly marked as focusable.
These accessibility barriers have made Bottlerocket.com
inaccessible and not independently usable by blind and visually
impaired individuals, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Bottlerocket Wine & Spirit's policies, practices, and procedures so
that its website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Bottlerocket Wine & Spirit, LLC operates the website that offers a
wide range of alcoholic beverages, including wines, vodka, whiskey,
tequila, rum, gin, brandy, and liqueurs.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
BRITTANY GREENE: Boyce Allowed to File Amended Complaint
--------------------------------------------------------
In the class action lawsuit captioned as ANTHONY BOYCE, v. BRITTANY
GREENE, et al., Case No. 3:24-cv-03188-JEH (C.D. Ill.), the Hon.
Judge Jonathan Hawley entered an order granting the Plaintiff's
motion for leave to file amended complaint and related motion to
notify and clarify.
According to the Court's Merit Review screening of Plaintiff's
Amended Complaint under 28 U.S.C. section 1915A, Plaintiff has
alleged enough facts to proceed with Eighth Amendment deliberate
indifference and conditions of confinement claims against
Defendants Haze and Swain and a claim under RLUIPA against
Defendant John Doe.
The Defendant Warden Greene will remain in her official capacity,
for the sole purpose of aiding in identifying the Doe Defendant,
after which time she may be dismissed. Defendant Hughes is
dismissed.
Additional claims shall not be included in the case, except at the
Court's discretion on motion by a party for good cause shown or
under Federal Rule of Civil Procedure 15.
For purposes of service, the Clerk of Court may take notice that
Defendant Swain, a nurse whose first name is unknown, may actually
be properly identified as Defendant Swaim.
-- The Plaintiff's Motions to Request Counsel are denied.
-- The Plaintiff's Motion to Substitute Judge is denied as moot.
-- The Plaintiff's second Motion to Substitute Judge is denied.
-- The Plaintiff's Motion for Class Certification is denied.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=hi8ibL at no extra
charge.[CC]
BROOKDALE SENIOR: Cross-Bids for Summary Judgment Partly OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as STACIA STINER, et al., v.
BROOKDALE SENIOR LIVING, INC., et al., Case No. 4:17-cv-03962-HSG
(N.D. Cal.), the Hon. Judge Haywood Gilliam, Jr. entered an order
granting in part and denying in part the cross-motions for summary
judgment:
-- The Court grants Brookdale's cross-motion for summary judgment
as
to:
(1) the ADA and Unruh Act claims brought by the San Ramon and
Scotts Valley subclasses and
(2) Plaintiffs' Unruh Act claims predicated on alleged
violations
of the CBC.
The Court defers ruling on Plaintiffs' motion for summary judgment
with respect to the new facility access barrier claims brought by
the individual Plaintiffs and the Brookhurst subclass under the ADA
and Unruh Act. The motions for summary judgment are otherwise
denied.
-- Summary judgment as a matter of law is appropriate with respect
to
Plaintiffs' Unruh Act claims that are predicated on violations
of
California law, including the CBC. Since "no showing of
intentional discrimination is required where the Unruh Act
violation is premised on an ADA violation," the Court’s
intentional discrimination analysis does not bear on those
Unruh
Act access barrier claims that rest on alleged ADA violations.
-- The Court denies summary judgment as to the individual
Plaintiffs'
access barrier claims arising under the ADA for the existing
facilities. Any Unruh Act claims predicated on these alleged
ADA
violations also survive summary judgment.
-- The Court denies Brookdale's motion for summary judgment as to
Plaintiff Algarme's injunctive relief claims. The Court notes
that
Brookdale may still challenge Plaintiff Algarme's standing at
trial.
Brookdale offers a wide range of senior living and retirement
communities and senior care options.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iuZDaX at no extra
charge.[CC]
CALCON MUTUAL: Faya Files TCPA Suit in S.D. Florida
---------------------------------------------------
A class action lawsuit has been filed against CALCON MUTUAL
MORTGAGE LLC. The case is styled as Gabby Faya, individually and on
behalf of all others similarly situated v. CALCON MUTUAL MORTGAGE
LLC doing business as: OneTrust Home Loans, Case No.
1:24-cv-24921-PCH (S.D. Fla., Dec. 16, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
CalCon Mutual Mortgage -- https://www.calconmutualmortgage.com/ --
is a lender that specializes in manufactured home and mobile home
loans.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
Zane Charles Hedaya, Esq.
Faaris Kamal Uddin, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
zane@jibraellaw.com
faaris@jibraellaw.com
CAPSTONE LOGISTICS: Montes Labor Suit Removed to E.D. Cal.
----------------------------------------------------------
ADRIANA MONTES, individually, and on behalf of other similarly
situated individuals, Plaintiff v. CAPSTONE LOGISTICS, LLC, WINCO
FOODS, LLC, and DOES 1 to 50, Defendants, Case No. 24CV-05385, was
removed from the Superior Court of the State of California, County
of Merced, to the U.S. District Court for the Eastern District of
California on December 5, 2024.
The District Court Clerk assigned Case No. 1:24-at-00999 to the
proceeding.
In the complaint, Plaintiff alleges, on behalf of herself and all
others similarly situated, 13 total causes of action, 12 of which
are for various violations of the California Labor Code and one of
which is for "Unfair Competition" under the California Business &
Professions Code.
Capstone Logistics, LLC provides logistics services.[BN]
The Defendants are represented by:
Gerald L. Maatman, Jr., Esq.
Jennifer A. Riley, Esq.
DUANE MORRIS LLP
190 South LaSalle Street, Suite 3700
Chicago, IL 60603-3433
Telephone: (312) 499-6700
Facsimile: (312) 499-6701
E-mail: gmaatman@duanemorris.com
jariley@duanemorris.com
- and -
Nick Baltaxe, Esq.
Derrick Fong-Stempel, Esq.
Meriel Kim, Esq.
DUANE MORRIS LLP
865 South Figueroa Street, Suite 3100
Los Angeles, CA 90017-5450
Telephone: (213) 689-7400
Facsimile: (213) 403-6511
E-mail: nbaltaxe@duanemorris.com
dfongstempel@duanemorris.com
mkim@duanemorris.com
CASSAVA SCIENCES: Bids for Lead Plaintiff Deadline Set February 10
------------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, announces
the filing of a class action lawsuit on behalf of purchasers of
securities of Cassava Sciences, Inc. (NASDAQ: SAVA) between
February 7, 2024 and November 24, 2024, both dates inclusive (the
"Class Period"). A class action lawsuit has already been filed. If
you wish to serve as lead plaintiff, you must move the Court no
later than February 10, 2025.
SO WHAT: If you purchased Cassava securities during the Class
Period you may be entitled to compensation without payment of any
out of pocket fees or costs through a contingency fee arrangement.
WHAT TO DO NEXT: To join the Cassava class action, go to
https://rosenlegal.com/submit-form/?case_id=22374 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action. A class action lawsuit has
already been filed. If you wish to serve as lead plaintiff, you
must move the Court no later than February 10, 2025. A lead
plaintiff is a representative party acting on behalf of other class
members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Be wise in selecting counsel. The
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
DETAILS OF THE CASE: According to the lawsuit, defendants
throughout the Class Period created the false impression that they
possessed reliable information pertaining to Cassava's drug
prospects and anticipated growth while also minimizing risk from a
potential drug failure. Yet, in truth, Cassava's repeated
statements of confidence in their drug and reliance upon spinning
the statistically insignificant data from the Phase 2 study fell
short of the reality of simufilam's potential, Cassava's leading
drug candidate; Cassava simply did not have a drug that was capable
of abating the progression of Alzheimer's Disease, even when
attempting to treat only the mild and moderate cases. When the true
details entered the market, the lawsuit claims that investors
suffered damages.
To join the Cassava class action, go to
https://rosenlegal.com/submit-form/?case_id=22374 call Phillip Kim,
Esq. toll-free at 866-767-3653 or email case@rosenlegal.com for
information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
CENTERRA SERVICES: Miranda Sues Over Unpaid Overtime Wages
----------------------------------------------------------
David Victor Miranda, individually and on behalf of all others
similarly situated v. CENTERRA SERVICES INTERNATIONAL, INC., and
DOES 1 through 50, inclusive, Case No. 3:24-cv-02340-BAS-MMP (S.D.
Cal., Dec. 16, 2024), is brought under the Fair Labor Standards Act
("FLSA") and the California Labor Code as a result of the
Defendant's failure to pay all overtime wages owed, failure to pay
for all hours worked.
The Defendant engaged in the unlawful practice of automatically
deducting meal periods, resulting in unpaid regular wages. The
Defendant also failed to maintain compliant meal and rest period
policies and practices, resulting in a failure to pay all wages and
premiums owed to the California class members at the lawful rate.
The Defendant failed to reimburse California class members for
necessary expenses incurred in furtherance of the class members'
job duties.
The Defendant failed to provide Plaintiff with his employee records
upon reasonable request The Defendant. The Defendant' employment
policies and practices and payroll administration systems enabled
and facilitated these violations on a company-wide basis with
respect to the class and collective members. The Defendant
committed the same overtime violations with respect to a nationwide
collective of employees, who Plaintiff seeks to represent under the
FLSA, says the complaint.
The Plaintiff worked as an Armed Guard.
Centerra Services International, Inc. is a Delaware corporation
that maintains operations and conducts business throughout the
State of California, including in this county.[BN]
The Plaintiff is represented by:
Nicholas J. Ferraro, Esq.
Lauren N. Vega, Esq.
Xavier L. Woodford, Esq.
FERRARO VEGA EMPLOYMENT LAWYERS, INC.
3333 Camino del Rio South, Suite 300
San Diego, CA 92108
Phone: (619) 693-7727
Fax: 619) 350-6855
Email: nick@ferrarovega.com
lauren@ferrarovega.com
xavier@ferrarovega.com
CENTRAL GARDEN: Must File Opposition 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 Hon. Judge Jon Tigar entered
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.
Central Garden manufactures and distributes branded and private
label products.
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7JcZzG 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
CHARTER COMMUNICATIONS: Garcia Labor Suit Removed to W.D. Calif.
----------------------------------------------------------------
The case styled HECTOR GARCIA, individually, and on behalf of other
members of the general public similarly situated, Plaintiff, v.
CHARTER COMMUNICATIONS, LLC, a Delaware limited liability company;
CHARTER COMMUNICATIONS OPERATING, LLC, a Delaware limited liability
company; CHARTER COMMUNICATIONS HOLDINGS, LLC, a Delaware limited
liability company; CHARTER COMMUNICATIONS HOLDING COMPANY, LLC, a
Delaware limited liability company; CHARTER COMMUNICATIONS ASC,
LLC, a Delaware limited liability company; CHARTER COMMUNICATIONS
(CCI), INC. DBA SPECTRUM, a Delaware corporation; and DOES 1
through 10, inclusive, Defendants, Case No. 24STCV28519, was
removed from the Superior Court in the State of California for the
County of Los Angeles, to the United States District Court for the
Western District of California on December 4, 2024.
The Clerk of Court for the Western District of California assigned
Case No. 2:24-cv-10436 to the proceeding.
The case seeks allegedly unpaid wages under the California Labor
Code.
Headquartered in Connecticut, Charter Communications, LLC provides
several services including cable television, Internet access, and
wireless communications. [BN]
The Defendants are represented by:
Keith J. Rasher, Esq.
Cara A. Strike, Esq.
THOMPSON COBURN LLP
10100 Santa Monica Blvd., Suite 500
Los Angeles, CA 90067
Telephone: (310) 282-2500
Facsimile: (310) 282-2501
E-mail: krasher@thompsoncoburn.com
cstrike@thompsoncoburn.com
COLUMBUS REGIONAL: $1.1-Mil. Class Settlement Gets Initial Nod
--------------------------------------------------------------
Kelly Mehorter, writing for ClassAction.org, reports that Columbus
Regional Healthcare System has agreed to pay more than $1.1 million
to settle a proposed class action lawsuit that claimed negligent
cybersecurity was to blame for a May 2023 data breach.
The $1,175,000 deal received preliminary approval from the court
earlier December and covers roughly 132,800 people whose personal
information may have been exposed in the Columbus Regional data
breach.
Court documents state that those covered by the settlement should
expect to receive notice of the deal via mail or email.
To receive Columbus Regional settlement benefits, class members
must submit a valid, timely claim form online when the official
settlement website goes live.
ClassAction.org will update this page when the official settlement
website is launched and claim forms can be filed.
Per court documents, class members can file a claim form to receive
up to $5,000 in reimbursement for out-of-pocket losses incurred as
a result of the data breach. Claim forms must be submitted with
documentation of these losses, court documents state.
Eligible individuals can also submit a claim to receive a pro-rated
cash payout from the Columbus Regional data breach settlement.
The court will decide whether to grant final approval to the terms
of the Columbus Regional settlement during a forthcoming hearing,
the date of which is not yet available in public court records.
Settlement payouts are typically issued to eligible class members
after a deal is ultimately approved and any appeals are resolved.
Also as part of the deal, Columbus Regional has agreed to make
improvements to its cybersecurity protocols, court documents
share.
One class action lawsuit initially filed against Columbus Regional
in January 2024 claimed that the North Carolina healthcare system's
failure to properly safeguard patients' data allowed hackers to
access its computer network between May 19 and May 21, 2023.
According to the case, the cyberattack compromised data such as
names, addresses, dates of birth, Social Security numbers, medical
information and health insurance details. [GN]
CONNECTONCALL.COM LLC: Giarrizzo Files Suit in E.D. New York
------------------------------------------------------------
A class action lawsuit has been filed against ConnectOnCall.com,
LLC. The case is styled as Pamela Giarrizzo, individually and on
behalf of all others similarly situated v. ConnectOnCall.com, LLC,
Case No. 2:24-cv-08648 (E.D.N.Y., Dec. 18, 2024).
The nature of suit is stated as Fraud or Truth-In-Lending.
ConnectOnCall is a telehealth platform and after-hours on-call
answering service with automated patient call tracking for
healthcare providers.[BN]
The Plaintiff is represented by:
Courtney E. Maccarone, Esq.
LEVI & KORSINSKY LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Phone: (212) 363-7500
Email: cmaccarone@zlk.com
CROWDSTRIKE HOLDINGS: Faces Unfair Competition Suit in TX Court`
----------------------------------------------------------------
Crowdstrike Holdings, 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 August 5,
2024, a putative class action lawsuit was filed against the company
in federal court in the Western District of Texas alleging, among
other things, negligence and violations of the California Unfair
Competition Law. On November 6, 2024, this lawsuit was consolidated
with an August 19, 2024 lawsuit and interim class counsel was
appointed.
The complainants seek certification of a nationwide class, as well
as sub-classes of certain California, Ohio, and Pennsylvania
citizens, who had a flight delayed or canceled during a specified
period of time and are seeking unspecified monetary damages,
certain injunctive relief, costs and attorneys' fees.
CrowdStrike Holdings, Inc. is a global cybersecurity company that
delivers cybersecurity's AI-native platform for the XDR era,
purpose-built to stop breaches using a unified platform that
provides cloud-delivered protection of endpoints, cloud workloads,
identity, and data via a software as a service subscription-based
model.
CVS HEALTH: Brooks Sues Over Unlawful Wiretapping of Communications
-------------------------------------------------------------------
Ariel Brooks and Nora Borowsky, individually and on behalf of all
others similarly situated v. CVS HEALTH CORPORATION and CVS
PHARMACY, INC., Case No. 4:24-cv-08990-DMR (N.D. Cal., Dec. 12,
2024), is brought against Defendants for aiding, agreeing with,
employing, or otherwise enabling the wiretapping of the electronic
communications of visitors to its CVS Pharmacy mobile application,
which is offered on both iOS and Android devices (the
"Application"), in violation of the California Invasion of Privacy
Act ("CIPA").
The Defendants contract with a third party, Quantum Metric, Inc.
("QM") to provide an analytical software-as-a-service ("SaaS") on
the Application. Through its SaaS, QM reads and learns the contents
of Application users' communications with Defendant, including
users' Personally Identifiable Information ("PII"), such as users'
prescription and over-the-counter medications. By doing so,
Defendants violated the CIPA.
The Plaintiffs bring this action on behalf of themselves and a
Class of all persons who used Defendants' Application in California
while signed into their CVS Pharmacy account, and whose electronic
communications were intercepted or recorded by QM, says the
complaint.
The Plaintiffs accessed the Application on their devices.
CVS Health Corporation is a Delaware corporation.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Ines Diaz Villafana, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
idiaz@bursor.com
CVS HEALTH: O'Neal Seeks Unpaid Wages for Pharmacy Technicians
--------------------------------------------------------------
CLAUDIA O'NEAL, individually, and on behalf of others similarly
situated, Plaintiff v. CVS HEALTH CORPORATION, a Delaware
Corporation, Defendant, Case No. 1:24-cv-00512 (D.R.I., December 5,
2024) is a collective and class action arising from Defendant's
willful violations of the Fair Labor Standards Act and the common
law equitable claim for quantum meruit.
According to the complaint, in workweeks where Plaintiff and other
FLSA Collective members worked 40 hours or more, the uncompensated
off-the-clock work time, and all other overtime, should have been
paid at the federally mandated rate of one and a half times each
employee's regularly hourly wage, including shift differentials and
nondiscretionary incentive pay where applicable. The Defendant
could have easily accounted for and properly compensated Plaintiff
and the FLSA Collective for all work activities, but did not, says
the suit.
This case involves remote workers referred to as Pharmacy
Technicians that provide call center based support to providers,
CVS pharmacies, and CVS members/customers.
The Plaintiff was employed by Defendant as a non-exempt hourly
position, within the last two years.
CVS Health Corporation is a health solutions company.[BN]
The Plaintiff is represented by:
Peter N. Wasylyk, Esq.
LAW OFFICES OF PETER N. WASYLYK
1307 Chalkstone Ave.
Providence, RI 02908
Telephone: (401) 831-7730
E-mail: pnwlaw@aol.com
- and -
Charles R. Ash, IV, Esq.
ASH LAW, PLLC
402 W. Liberty St.
Ann Arbor, MI 48103
Telephone: (734) 234-5583
E-mail: cash@nationalwagelaw.com
- and -
Oscar Rodriguez, Esq.
HOOPER HATHAWAY, P.C.
126 S. Main St.
Ann Arbor, MI 48104
Telephone: (734) 662-4426
E-mail: orod@hooperhathaway.com
DELTA AIR: Sandhu Suit Seeks Unpaid Wages for Ramp Agents
---------------------------------------------------------
RAJDEEP SANDHU, on behalf of himself and all others similarly
situated, Plaintiff v. DELTA AIR LINES, INC., a Delaware
Corporation; and DOES 1 to 10, inclusive, Defendants, Case No.
24STCV32558 (Cal. Super., Los Angeles Cty., December 10, 2024) is a
class action against the Defendants for violations of California
Labor Code and California's Business and Professions Code including
failure to pay overtime wages, failure to pay all wages and minimum
wages, failure to provide compliant meal periods, failure to
provide compliant rest periods, failure to pay all sick wages,
failure to pay accrued vacation wages, and failure to provide
compliant wage statements.
The Plaintiff worked for Delta Air Lines as a ramp agent at San
Francisco International Airport in Redwood City, California since
early-to-mid 2021.
Delta Air Lines, Inc. is an airline company headquartered in
Atlanta, Georgia. [BN]
The Plaintiff is represented by:
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Corey S. Smith, Esq.
Kasra B. Ramez, Esq.
BRADLEY/GROMBACHER, LLP
31365 Oak Crest Drive, Suite 240
Westlake Village, CA 91361
Telephone: (805) 270-7100
Facsimile: (805) 270-7589
Email: mbradley@bradleygrombacher.com
kgrombacher@bradleygrombacher.com
csmith@bradleygrombacher.com
kramez@bradleygrombacher.com
DOVER FEDERAL: Thomas Balks at Unfair Overdraft Fee Assessment
--------------------------------------------------------------
AMY THOMAS, on behalf of herself and all others similarly situated,
Plaintiff v. DOVER FEDERAL CREDIT UNION, Defendant, Case No.
K24C-12-009 RLG (Del. Ch., December 6, 2024) is a civil action
seeking monetary damages, restitution, and injunctive and
declaratory relief from Dover Federal Credit Union, arising from
its improper assessment and collection of multiple $30 fees on an
item.
According to the complaint, the Defendant unlawfully maximizes its
already profitable fees through its deceptive and
contractually-prohibited practice of charging multiple
non-sufficient fund fees, or an NSF fee followed by an overdraft
fee, on an item.
Unbeknownst to consumers, when Defendant reprocesses an electronic
payment item, Automated Clearing House item, or check for payment
after it was initially rejected for insufficient funds, the
Defendant chooses to treat it as a new and unique item that is
subject to yet another fee. But Defendant's contract never states
that this counterintuitive and deceptive result could be possible
and, in fact, says nothing at all about how overdraft fees or NSF
fees are assessed, says the suit.
The Plaintiff is a resident of Kent County and has had a checking
account with Defendant.
Dover Federal Credit Union is a credit union with nearly $700
million in assets and maintains 8 branches in Delaware and with its
principal place of business in Kent County.[BN]
The Plaintiff is represented by:
Derrick B. Farrell, Esq.
Lesley E. Weaver, Esq.
Matthew L. Miller, Esq.
Robert B. Lackey, Esq.
BLEICHMAR FONTI & AULD LLP
3411 Silverside Road
Baynard Building, Suite 104
Wilmington, DE 19810
Telephone: (302) 499-2158
- and -
Lynn A. Toops, Esq.
COHEN & MALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
E-mail: ltoops@cohenandmalad.com
- and -
Christopher D. Jennings, Esq.
JENNINGS PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
E-mail: chris@jenningspllc.com
- and -
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gerards@stranchlaw.com
DUKE ENERGY: Keiser Sues Over Failure to Safeguard Information
--------------------------------------------------------------
Timothy Keiser, on behalf of himself and all others similarly
situated v. DUKE ENERGY CORPORATION, Case No. 3:24-cv-01081-MOC-DCK
(W.D.N.C., Dec. 16, 2024), is brought against Defendant for its
failure to properly secure and safeguard sensitive information of
its customers.
The Plaintiff's and Class Members' sensitive personal information
--which they entrusted to Defendant on the mutual understanding
that Defendant would protect it against disclosure--was targeted,
compromised and unlawfully accessed due to the Data Breach. The
Defendant collected and maintained certain personally identifiable
information of Plaintiff and the putative Class Members, who are
(or were) customers at Defendant.
The PII compromised in the Data Breach included Plaintiff's and
Class Members' full names, account numbers, addresses, email
addresses, phone numbers, dates of birth, tax ID numbers, and
Social Security numbers ("personally identifiable information" or
"PII"). The PII compromised in the Data Breach was exfiltrated by
cyber criminals and remains in the hands of those cyber-criminals
who target PII for its value to identity thieves.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect consumers' PII from a foreseeable
and preventable cyber-attack. Defendant disregarded the rights of
Plaintiff and Class Members by, inter alia, intentionally,
willfully, recklessly, or negligently failing to take adequate and
reasonable measures to ensure its data systems were protected
against unauthorized intrusions; failing to take standard and
reasonably available steps to prevent the Data Breach; and failing
to provide Plaintiff and Class Members prompt and accurate notice
of the Data Breach, says the complaint.
The Plaintiff is a customer at the Defendant.
The Defendant "is one of America's largest energy holding
companies."[BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W Morgan Street
Raleigh, NC 27603
Phone: (919) 600-5003
Email: sharris@milberg.com
- and -
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLP
5335 Wisconsin Avenue NW, Suite 440
Washington, DC 20015
Phone: (866) 252-0878
Email: dlietz@milberg.com
FALFURRIAS MANAGEMENT: BPL Suit Removed to N.D. Georgia
-------------------------------------------------------
The case is styled as Bellyard Partners, LLC, on behalf of itself
and all others similarly situated v. Falfurrias Management Partners
LP doing business as: Falfurrias Capital Partners, Sluss + Padgett
Inc., Case No. 24CV013883 was removed from the Superior Court of
Fulton County, to the U.S. District Court for the Northern District
of Georgia on Dec. 12, 2024.
The District Court Clerk assigned Case No. 1:24-cv-05717-SDG to the
proceeding.
The nature of suit is stated Other Fraud.
Falfurrias Capital Partners -- https://falfurrias.com/ -- is a
Charlotte-based private equity investment firm that acquires or
invests in lower, middle-market businesses.[BN]
The Plaintiff is represented by:
Dennis Reich, Esq.
REICH & BINSTOCK LLP
4265 San Felipe Street, Suite 1000
Houston, TX 77027
Phone: (713) 622-7271
Fax: (713) 623-8724
- and -
Michael Mills, Esq.
THE MILLS LAW FIRM
8811 Gaylord Drive, Suite 200
Houston, TX 77024
Phone: (832) 548-4414
Fax: (832) 327-7443
- and -
Steffan Keeton, Esq.
THE KEETON FIRM LLC
100 S Commons, Ste. 102
Pittsburgh, PA 15212
Phone: (888) 412-5291
Email: stkeeton@keetonfirm.com
The Defendant is represented by:
Meredith Laughlin Allen, Esq.
MCGUIRE WOODS LLP
1075 Peachtree Street NE, Suite 3500
Atlanta, GA 30309
Phone: (404) 443-5738
Email: mlallen@mcguirewoods.com
- and -
Mark Husted, Esq.
HENDRICK PHILLIPS SALZMAN & SIEGEL, P.C.
230 Peachtree Street, N.W., Suite 2500
Atlanta, GA 30303
Phone: (256) 453-7506
Email: markhusted@strottdillon.com
FIRST FINANCIAL: Arrington Sues Over Failure to Safeguard PII
-------------------------------------------------------------
Michael Arrington, individually, and on behalf of all others
similarly situated v. FIRST FINANCIAL INVESTMENT FUND III, LLC,
Case No. 2:24-cv-06650 (E.D. Pa., Dec. 12, 2024), is brought
against Defendant for its failure to properly secure and safeguard
Plaintiff's and other similarly situated customers' ("Class
Members," as defined infra) sensitive personally identifiable
information, including their names, addresses Social Security
numbers, dates of birth, and driver's license numbers, other state
identification numbers, and information related to medical claims,
e.g., health care provider entity names, health insurers, and dates
of service ("PII").
By obtaining, collecting, using, and deriving a benefit from the
PII of Plaintiff and Class Members, Defendant assumed legal and
equitable duties to those individuals to protect and safeguard that
information from unauthorized access and intrusion. On April 26,
2024, FBCS announced that certain systems in its network had been
subject to unauthorized access between February 14 and February 26,
2024, and the unauthorized actor had the ability to view or acquire
certain information on the FBCS network during the period of access
("Data Breach"). In a filing with the Office of the Maine Attorney
General, FBCS confirms that the PII of 4,253,394 individuals was
exposed by the Data Breach.
On October 17, 2024, Defendant mailed data breach notification
notices to victims of the Data Breach, identified by FBCS,
including Plaintiff. Defendant failed to adequately protect
Plaintiff's and Class Members' PII––and failed to even encrypt
or redact this highly sensitive information. This unencrypted,
unredacted PII was compromised due to Defendant's negligent and/or
careless acts and omissions and its utter failure to protect its
customers' sensitive data. Hackers targeted and obtained
Plaintiff's and Class Members' PII because of its value in
exploiting and stealing the identities of Plaintiff and Class
Members. The present and continuing risk to victims of the Data
Breach will remain for their respective lifetimes.
The Defendant also failed to adequately protect Plaintiff's and
Class Members' PII by virtue of its failure to vet its
vendors—here, FBCS and ensure they were submitting PII to an
entity with adequate data security practices and that its vendors
were deleting or archiving inactive PII data and files, says the
complaint.
The Plaintiff provided his PII to the Defendant.
First Financial is a company that purchases consumer debts.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, PC
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Phone: 310-474-9111
Fax: 310-474-8585
Email: aferich@ahdootwolfson.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: 954-525-4100
Email: ostrow@kolawyers.com
- and -
Charles E. Schaffer, Esq.
LEVIN SEDRAN & BERMAN, LLP
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Phone: 215-592-1500
Email: cschaffer@lfsblaw.com
- and -
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street, 7th Floor
Tampa, FL 33602
Phone: 813-223-5505
Email: JYanchunis@forthepeople.com
FISHER-PRICE INC: Gates Suit Transferred to W.D. New York
---------------------------------------------------------
The case captioned as Valerie Gates, Phlecia McCrea, Dezarae
Orourke, individually and on behalf of all others similarly
situated v. Fisher-Price, Inc., Mattel, Inc., Case No.
2:24-cv-09953 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 New York on Dec. 16,
2024.
The District Court Clerk assigned Case No. 1:24-cv-01233-JLS to the
proceeding.
The nature of suit is stated as Other Fraud.
Fisher-Price, Inc. -- https://thefisherprice.com/ -- is an American
company that produces educational toys for infants, toddlers and
preschoolers, headquartered in East Aurora, New York.[BN]
The Plaintiffs are represented by:
Kyle Douglas McLean, Esq.
SIRI AND GLIMSTAD LLP
700 South Flower Street Suite 1000
Los Angeles, CA 90017
Phone: (213) 376-3739
Fax: (646) 417-5967
- and -
Leslie L. Pescia, Esq.
SIRI AND GLIMSTAD LLP
101 North Seventh Street, No 827
Louisville, KY 40202
Phone: (646) 448-6466
Fax: (646) 417-5967
- and -
Lisa R. Considine, Esq.
SIRI AND GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Phone: (772) 783-8436
Fax: (646) 417-5967
The Defendants are represented by:
Matthew Paul Kanny, Esq.
GOODWIN PROCTER, LLP
520 Broadway, Suite 500
Santa Monica, CA 90401
Phone: (424) 252-6400
Fax: (424) 252-6401
Email: mkanny@goodwinlaw.com
- and -
Rebecca L. Tarneja, Esq.
GOODWIN PROCTER LLP
601 S. Figueroa Street, Suite 4100
Los Angeles, CA 90017-1704
Phone: (213) 426-2516
FIVE9 INC: Lucid Alternative Sues Over Securities Law Breaches
--------------------------------------------------------------
LUCID ALTERNATIVE FUND, LP, individually and on behalf of all
others similarly situated, Plaintiff v. FIVE9, INC., MICHAEL
BURKLAND, and BARRY ZWARENSTEIN, Defendants, Case No. 3:24-cv-08725
(N.D. Cal., December 4, 2024 ) asserts claims under Sections 10(b)
and 20(a) of the Securities Exchange Act of 1934.
The Plaintiff brings this class action on behalf of all persons and
entities that purchased or acquired Five9 securities, including
call options, between June 4, 2024 through the close of trading on
August 8, 2024, inclusive.
Throughout the said period, Defendants made false and/or misleading
statements and/or failed to disclose that: (i) Five9's net new
business was not strong irrespective of the macro and was, in fact,
hampered by macroeconomic issues such as constrained and
scrutinized customer budgets; (ii) Five9 was in the midst of a
challenging bookings quarter due, in part, to sales execution and
efficiency issues, and the Company was not seeing very strong
bookings momentum; and (iii) Defendants did not have "enough
information in terms of their existing customers that are going
live such that the statements that Five9 would see a positive
inflection in its dollar-based retention rate lacked a reasonable
basis.
Headquartered in San Ramon, CA, Five9, Inc. provides cloud contact
center software. Its common stock trades on the NASDAQ stock
exchange under the ticker symbol "FIVN." [BN]
The Plaintiff is represented by:
Lesley E. Weaver, Esq.
BLEICHMAR FONTI & AULD LLP
1330 Broadway, Suite 630
Oakland, CA 94612
Telephone: (415) 445-4003
Facsimile: (415) 445-4020
E-mail: lweaver@bfalaw.com
- and -
Javier Bleichmar, Esq.
BLEICHMAR FONTI & AULD LLP
300 Park Avenue, Suite 1301
New York, NY 10022
Telephone: (212) 789-1340
Facsimile: (212) 205-3960
E-mail: jbleichmar@bfalaw.com
- and -
Ross Shikowitz, Esq.
BLEICHMAR FONTI & AULD LLP
75 Virginia Road
White Plains, NY 10603
Telephone: (914) 265-2991
Facsimile: (212) 205-3960
E-mail: rshikowitz@bfalaw.com
- and -
Jacob Sabo, Esq.
THE LAW OFFICE OF JACOB SABO
22a Mazzeh Street
Tel-Aviv, Israel
Telephone (++972) 39070770
FORD MOTOR: Jones Seeks Unpaid Overtime Pay for Coaches
-------------------------------------------------------
AMY JONES and JASON DAILEY, on behalf of themselves and all others
similarly situated, Plaintiffs v. FORD MOTOR COMPANY, Defendant,
Case No. 3:24-cv-02112-JZ (N.D. Ohio, December 5, 2024) seeks to
recover compensation, liquidated damages, attorneys' fees and
costs, and other equitable relief pursuant to Fair Labor Standards
Act, the Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt
Pay Act.
The complaint alleges the Defendant's failure to pay Plaintiffs and
the putative Plaintiffs overtime compensation at a rate of one and
one half times their regular rate for all hours worked over 40 in a
workweek.
Plaintiffs Jones and Dailey have been employed by as process
coaches at Defendant's Lima Engine Plant location in Ohion since
July 2021 and May 15, 2023, respectively.
Ford Motor Company is an American multinational automobile
manufacturer headquartered in Dearborn, Michigan.[BN]
The Plaintiffs are represented by:
Robert E. DeRose, Esq.
Anna R. Caplan, Esq.
BARKAN MEIZLISH DEROSE Cox, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
Facsimile: (614) 744-2300
E-mail: bderose@barkanmeizlish.com
acaplan@barkanmeizlish.com
FORD MOTOR: Silberman Sues Over Structural Defect
-------------------------------------------------
Daniel Silberman, and Matthew Barkus individually and on behalf of
all others similarly situated v. FORD MOTOR COMPANY, Case No.
2:24-cv-13310-SDK-DRG (E.D. Mich., Dec. 12, 2024), is brought for
Ford's sale and lease of Class Vehicles that suffer from a
structural defect in their valvetrains that makes the vehicles
susceptible to catastrophic engine failure, exposing occupants to
great risk of bodily harm.
Lurking inside the engines of the Class Vehicles are intake valves
manufactured out of an alloy known as "Silchrome Lite," a material
that becomes excessively hard and brittle if exposed to over
temperatures during the machining of the component.
These structurally-compromised intake valves cannot withstand the
pressures placed upon them and risk fracturing (the "Valvetrain
Defect" or "Defect"). When this occurs, the consequence can be
sudden, catastrophic engine failure and a loss of motive power. In
the aftermath of such an event, the only repair available is a full
engine replacement.
Despite Ford's longstanding knowledge as to the discrete cause of
the Defect, as evidenced by its purposeful decision to alter its
manufacturing processes and stop using "Silchrome Lite," Ford has
yet to provide an adequate remedy, such as a replacement of their
defective valves, or compensate consumers for the amount they
overpaid for these defective vehicles.
Ford's failure to remedy the Defect, where, as here, the
consequences of the Defect are potentially enormous and place
drivers and their passengers at an unacceptably high risk of bodily
injury. Each purchaser or lessee of a Class Vehicle unwittingly
paid for a vehicle with an undisclosed and significant safety
defect. Each of these purchasers and lessees were damaged in that
they paid more for their Class Vehicles than they would have paid
had they known about the Valvetrain Defect or in that they would
not have purchased or leased their Class Vehicles at all had they
been informed of the Defect, says the complaint.
The Plaintiffs purchased one of the Class Vehicles.
Ford is responsible for the manufacturing, sales, marketing,
service, distribution, import, and export of the Class
Vehicles.[BN]
The Plaintiff is represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Phone: 248-841-2200
Email: epm@millerlawpc.com
dal@millerlawpc.com
- and -
Adam J. Levitt, Esq.
John E. Tangren, Esq.
Daniel R. Ferri, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Phone: 312-214-7900
Email: alevitt@dicellolevitt.com
jtangren@dicellolevitt.com
dferri@dicellolevitt.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PLLC
867 Boylston Street,
5th Floor, Ste. 1520
Boston, MA 02116
Phone: 617-377-7404
Email: joel@skclassactions.com
- and -
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PLLC
166 Geary Street, Ste. 1500-1507
San Francisco, CA 94108
Phone: 415-839-7000
Email: yeremey@skclassactions.com
FRESHLUNCHES INC: Claros Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Freshlunches, Inc.,
et al. The case is styled as Angel Claros, on behalf of all
similarly situated individuals v. Freshlunches, Inc., Does 1-10,
inclusive, Case No. 24STCV33123 (Cal. Super. Ct., Los Angeles Cty.,
Dec. 16, 2024).
Freshlunches, Inc. -- https://www.freshlunches.com/ -- offer a
range of customizable options, including packed lunches, on-site
buffet service, cafeteria management and event catering.[BN]
The Plaintiff is represented by:
Bardia A. Akhavan, Esq.
AKHAVAN & ASSOCIATES
15760 Ventura Boulevard, Suite 1720
Encino, CA 91436
Phone: (855) 463-4733
Email: Bardia@baalaw.com
GANNETT CO: Deddeh Sues Over Unlawful Disclosure of Private Info
----------------------------------------------------------------
JOHN DEDDEH, individually and on behalf of class of similarly
situated individuals, Plaintiff v. GANNETT CO., INC., Defendants,
Case No. 3:24-cv-08742 (N.D. Cal., December 4, 2024) arises out of
Defendant's policy and practice of embedding and using various
trackers on Defendant's USA Today website, www.usatoday.com, to (1)
install and store third-party tracker cookies on website users'
browsers and (2) collect website users' personally identifying and
addressing information, such as IP addresses, that the USA Today
website surreptitiously discloses and shares with the third-party
trackers without users' knowledge, authorization, or consent.
According to the complaint, the Defendant's actions constitute
invasions of Plaintiff's and Class Members' privacy and violations
of various laws, including the California Computer Data Access and
Fraud Act, the California Invasion of Privacy Act, and the right to
privacy under Article 1, Section 1, of the California Constitution,
which includes privacy as one of six fundamental rights of all
Californians.
Headquartered in New York, NY, Gannett Co. operates eight
California daily news publications to promote local news, ads,
public notices, and USA Today content. [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
GENE BY GENE: Discloses Genetic Info to Facebook, Soto Suit Claims
------------------------------------------------------------------
RAMON SOTO, individually and on behalf of all others similarly
situated, Plaintiff v. GENE BY GENE, LTD., d/b/a FAMILY TREE DNA,
Defendant, Case No. 1:24-cv-12700 (N.D. Ill., December 10, 2024) is
a class action against the Defendant for violation of the Illinois
Genetic Information Privacy Act.
The case arises from the Defendant's alleged disclosure of
consumers' genetic testing information through the use of a hidden
tracking code created by Meta Platforms, Inc., formerly known as
Facebook, and its integration into its website, familytreedna.com,
for purchasing and analyzing genetic testing. The Plaintiff and
similarly situated consumers did not provide consent to this
disclosure in a manner that complies with the GIPA. As a result of
the Defendant's unlawful conduct, the Plaintiff and Class members'
genetic information and identity were disclosed to Facebook, says
the suit.
Gene By Gene, Ltd., doing business as Family Tree DNA, is a genetic
testing company, with its principal place of business located at
1445 N. Loop W, Houston, Texas. [BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
1330 Avenue of the Americas
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
Email: pfraietta@bursor.com
GENERAL MOTORS: Class Cert Bid Filing Extended to Dec. 1, 2025
--------------------------------------------------------------
In the class action lawsuit captioned as DANNY HARRISON, et al.,
individually and on behalf of all others similarly situated, v.
GENERAL MOTORS LLC, Case No. 2:21-cv-12927-LJM-APP (E.D. Mich.),
the Hon. Judge Laurie Michelson enters the below three-month
extension of the schedule:
Event Previous New
Deadline
Deadline
Deadline for Plaintiffs to Identify Mar. 17, 2025 June 19,
2025
Experts and Serve Expert Reports
in Support of Class Certification:
Deadline for GM to Identify Experts May 14, 2025 Aug. 19,
2025
and Serve Expert Reports in
Opposition to Class Certification:
Expert Discovery for Class July 14, 2025 Oct. 20,
2025
Certification Completed:
Deadline for Plaintiffs to File Aug. 27, 2025 Dec. 1,
2025
Motion for Class Certification:
Deadline for Plaintiffs' Reply Jan. 7, 2026 Apr. 13,
2026
Briefs in Support of Daubert
Motions re: GM's Class
Certification Experts:
The Parties seek a second extension of the original schedule for
multiple reasons that satisfy good cause.
This extension of the schedule will ensure that the Parties can
complete the briefing on those arbitrations with enough time for
the arbitrators to issue rulings so that the Plaintiffs can either
return to this litigation (or be voluntarily dismissed) in advance
of the fact discovery deadline.
On Sept. 18, 2024, the Court granted the Parties' first requested
extension of the case schedule.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=by9Ovz at no extra
charge.[CC]
The Plaintiffs are represented by:
E. Powell Miller, Esq.
Dennis A. Lienhardt, Esq.
Dana E. Fraser, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
Facsimile: (248) 652-2852
E-mail: epm@millerlawpc.com
dal@millerlawpc.com
def@millerlawpc.com
- and -
Russell D. Paul, Esq.
Abigail Gertner, Esq.
Amey J. Park, Esq.
Natalie Lesser, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4604
E-mail: rpaul@bm.net
agertner@bm.net
apark@bm.net
nlesser@bm.net
- and -
Tarek H. Zohdy, Esq.
Cody R. Padgett, Esq.
Laura E. Goolsby, Esq.
Nathan N. Kiyam, Esq.
CAPSTONE LAW APC
1875 Century Park East, Suite 1000
Los Angeles, CA 90067
Telephone: (310) 556-4811
Facsimile: (310) 943-0396
E-mail: Tarek.Zohdy@capstonelawyers.com
Cody.Padgett@capstonelawyers.com
Laura.Goolsby@capstonelaywers.com
Nate.Kiyam@capstonelawyers.com
- and -
Steven Calamusa, Esq.
Geoffrey Stahl, Esq.
Rachel Bentley, Esq.
GORDON & PARTNERS, P.A.
4114 Northlake Blvd.,
Palm Beach Gardens, FL 33410
Telephone: (561) 799-5070
Facsimile: (561) 799-4050
E-mail: scalamusa@fortheinjured.com
gstahl@fortheinjured.com
rbentley@fortheinjured.com
The Defendant is represented by:
Susan M. Clare, Esq.
Adam Reinke, Esq.
J. Franklin Sacha, Jr., Esq.
KING & SPALDING LLP
1180 Peachtree Street NE
Atlanta, GA 30309
Telephone: (404) 572-4600
Facsimile: (404) 572-5100
E-mail: sclare@kslaw.com
areinke@kslaw.com
fsacha@kslaw.com
- and -
Justin B. Weiner, Esq.
Andrew M. Mas, Esq.
BUSH SEYFERTH PLLC
100 W. Big Beaver, Suite 400
Troy, MI 48084
Telephone: (248) 822-7800
E-mail: weiner@bsplaw.com
mast@bsplaw.com
- and -
Laura C. Baucus, Esq.
Michael P. Cooney, Esq.
DYKEMA GOSSETT PLLC
39577 Woodward Avenue, Suite 300
Bloomfield Hills, MI 48304
Telephone: (248) 203-0700
E-mail: lbaucus@dykema.com
mcooney@dykema.com
GENERATIONS OF VERNON: Miscalculates Overtime Pay, Godsey Suit Says
-------------------------------------------------------------------
WHITNEY GODSEY, on behalf of herself and all others similarly
situated, Plaintiff v. GENERATIONS OF VERNON, LLC; GENERATIONS OF
RED BAY, LLC; and GENERATIONS MANAGEMENT COMPANY, LLC, Case No.
6:24-cv-01675-ACA (N.D. Ala., December 4, 2024) challenges
Defendants' violations of the Fair Labor Standards Act.
The Plaintiff worked at the nursing facility in or near Vernon as a
certified nursing assistant. Throughout the course of her
employment, Plaintiff frequently worked more than 40 hours in weeks
she earned attendance bonuses. The Plaintiff also received pick-up
incentives and other forms non-discretionary compensation. However,
the Defendants failed to include the attendance bonuses and pick-up
incentives into the calculation of Plaintiff's regular rate of pay,
in violation of the FLSA, says the suit.
Generations of Vernon, LLC operates nursing facilities in Alabama.
[BN]
The Plaintiff is represented by:
Thomas O. Cooley, Esq.
LANGSTON & LOTT, PLLC
100 South Main Street
Post Office Box 382
Booneville, MS 38829-0382
Telephone: (662) 728-9733
Facsimile: (662) 728-1992
E-mail: tcooley@langstonlott.com
- and -
William "Jack" Simpson, Esq.
SIMPSON, PLLC
100 S Main Street
Booneville, MS 38829
Telephone: (662) 913-7811
Facsimile: (662) 728-1992
E-mail: jack@simpson-pllc.com
GOLD MEDAL: Schaffer Suit Seeks Unpaid Overtime for Loaders
-----------------------------------------------------------
CHRISTOPHER SCHAFFER, individually and on behalf of all others
similarly situated, Plaintiff v. GOLD MEDAL ENVIRONMENTAL OF PA,
INC. and PARK'S GARBAGE SERVICE, INC., Defendants, Case No.
4:24-cv-02122-MWB (M.D. Pa., December 10, 2024) is a class action
against the Defendants for failure to pay overtime wages in
violation of the Fair Labor Standards Act, the Pennsylvania Minimum
Wage Act, and the Pennsylvania Wage Payment and Collection Law.
Ms. Schaffer was employed by the Defendants as a non-exempt loader
in Pennsylvania.
Gold Medal Environmental of PA, Inc. is a provider of end-to-end
waste disposal services based in Philadelphia County,
Pennsylvania.
Park's Garbage Service, Inc. is a provider of garbage disposal and
recycling services based in Huntingdon County, Pennsylvania. [BN]
The Plaintiff is represented by:
Derrek W. Cummings, Esq.
Larry A. Weisberg, Esq.
Steve T. Mahan, Esq.
Michael J. Bradley, Esq.
WEISBERG CUMMINGS, P.C.
2704 Commerce Drive, Suite B
Harrisburg, PA 17110
Telephone: (717) 238-5707
Facsimile: (717) 233-8133
Email: dcummings@weisbergcummings.com
lweisberg@weisbergcummings.com
smahan@weisbergcummings.com
mbradley@weisbergcummings.com
JO MALONE: Deol Sues Over Unlawful Private Data Sharing
-------------------------------------------------------
GURMIT DEOL, individually and on behalf of all others similarly
situated, Plaintiff v. JO MALONE, INC., a New York corporation; and
DOES 1 through 25, inclusive, Defendants, Case No. 2:24-cv-10452
(C.D. Cal., December 4, 2024) accuses the Defendants of violating
the California Trap and Trace Law.
According to the complaint, Defendant Jo Malone, Inc. installed on
its website software created by TikTok in order to identify website
visitors. However, it did not obtain Plaintiff's and Class Members'
express or implied consent to be subjected to data sharing with
TikTok for the purposes of fingerprinting and de-anonymization,
says the suit.
Jo Malone, Inc. is New York corporation that owns, operates, and/or
controls www.jomalone.com, an online platform that sells colognes,
bath oils, soaps and candles. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Narain Kumar, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
E-mail: robert@taulersmith.com
nkumar@taulersmith.com
KAISER FOUNDATION: Novruzova Files TCPA Suit
---------------------------------------------
LEYLA NOVRUZOVA, individually and on behalf of all those similarly
situated, Plaintiff v. KAISER FOUNDATION HEALTH PLAN INC,
Defendant, Case No. 3:24-cv-08759-WHO (N.D. Cal., December 5, 2024)
is a putative class action against the Defendant pursuant to the
Telephone Consumer Protection Act.
To promote its goods, services, and/or properties, the Defendant
allegedly engages in unsolicited text messaging and continues to
text message consumers, including Plaintiff, after they have opted
out of Defendant's solicitations. The Defendant also engages in
telemarketing without the required policies and procedures, and
training of its personnel engaged in telemarketing, says the suit.
Through this action, the Plaintiff seeks injunctive relief to halt
Defendant's unlawful conduct, which has resulted in the intrusion
upon seclusion, invasion of privacy, harassment, aggravation, and
disruption of the daily life of Plaintiff and the Class members.
The Plaintiff also seeks statutory damages on behalf of Plaintiff
and members of the Class, and any other available legal or
equitable remedies.
Kaiser Foundation Health Plan Inc. operates as a non-profit health
care organization.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (754) 444-7539
E-mail: gerald@jibraellaw.com
KEESAL YOUNG: Loftus Balks at Failure to Protect Sensitive Data
---------------------------------------------------------------
TERRENCE LOFTUS, on behalf of himself and all others similarly
situated, Plaintiff v. KEESAL, YOUNG & LOGAN, Defendant, Case No.
2:24-cv-10484 (C.D. Cal., December 5, 2024) is a class action
arises from Defendant's failure to protect highly sensitive data
which it lost control when cybercriminals infiltrated its protected
computer systems in a data breach.
According to the complaint, 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' PII. Because
of Defendant's Data Breach, the sensitive personal identifiable
information of Plaintiff and Class Members was placed into the
hands of cybercriminals -- inflicting numerous injuries and
significant damages upon Plaintiff and Class Members, says the
suit.
Keesal, Young & Logan is a law firm based in California that
provides business and civil litigation services to clients
throughout the Western U.S. and Pacific Rim.[BN]
The Plaintiff is represented by:
Andrew G. Gunem, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: agunem@straussborrelli.com
KINETA INC: M&A Probes Proposed Merger With TuHURA Biosciences
--------------------------------------------------------------
Monteverde & Associates PC (the "M&A Class Action Firm"),
headquartered at the Empire State Building in New York City, is
investigating:
-- Kineta, Inc. (OTC: KANT), relating to the proposed merger with
TuHURA Biosciences, Inc. Under the terms of the agreement, TuHURA
would acquire the rights to Kineta's novel KVA12123 antibody for a
combination of cash and shares of TuHURA common stock.
Click link for more
https://monteverdelaw.com/case/kineta-inc-kant/. It is free and
there is no cost or obligation to you.
-- TuHURA Biosciences, Inc. (NASDAQ: HURA), relating to the
proposed merger with Kineta, Inc. Under the terms of the agreement,
TuHURA would acquire the rights to Kineta's novel KVA12123 antibody
for a combination of cash and shares of TuHURA common stock.
Click link for more
https://monteverdelaw.com/case/tuhura-biosciences-inc-hura/. It is
free and there is no cost or obligation to you.
-- Patterson Companies, Inc. (NASDAQ: PDCO), relating to the
proposed merger with Patient Square Capital. Under the terms of the
agreement, shareholders of Patterson will receive $31.35 in cash
per share.
Click link for more
https://monteverdelaw.com/case/patterson-companies-inc-pdco/. It is
free and there is no cost or obligation to you.
-- MoneyLion Inc. (NYSE: ML), relating to the proposed merger with
Gen Digital Inc. Under the terms of the agreement, shareholders of
MoneyLion will receive $82.00 per share in cash, and, in addition,
one contingent value right per share entitling the shareholder to a
contingent payment of Gen Digital common stock.
Click link for more
https://monteverdelaw.com/case/moneylion-inc-ml/. It is free and
there is no cost or obligation to you.
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3.What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders . . .
and we do it from our offices in the Empire State Building. We are
a national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in any of the above listed companies and have concerns or
wish to obtain additional information free of charge, please visit
our website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341 [GN]
LUXURY TIME: Faces Agnone Suit Over Blind-Inaccessible Website
--------------------------------------------------------------
PASQUALE AGNONE, on behalf of himself and all others similarly
situated, Plaintiff v. Luxury Time NYC, Inc., Defendant, Case No.
2:24-cv-08332 (E.D.N.Y., December 4, 2024) arises from Defendant's
failure to design, construct, maintain, and operate their website,
Luxurytimenyc.com, to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons.
Due to Luxury Time NYC's failure and refusal to remove access
barriers to its website, blind individuals have been and are being
denied equal access to Luxury Time NYC, as well as to the numerous
goods, services and benefits offered to the public through the
website, says the suit.
Headquartered in New York, NY, Luxury Time NYC, Inc. owns and
operates the website which offers new and pre-owned luxury watches,
as well as jewelry items such as pendants, necklaces, bracelets,
rings, earrings. [BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
MARQETA INC: Bids for Lead Plaintiff Deadline Set February 7
------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, announces
the filing of a class action lawsuit on behalf of purchasers of
securities of Marqeta, Inc. (NASDAQ: MQ) between May 7, 2024 and
November 4, 2024, both dates inclusive (the "Class Period"). A
class action has already been filed. If you wish to serve as lead
plaintiff, you must move the Court no later than February 7, 2025
in the securities class action first filed by the Firm.
SO WHAT: If you purchased Marqeta securities during the Class
Period you may be entitled to compensation without payment of any
out of pocket fees or costs through a contingency fee arrangement.
WHAT TO DO NEXT: To join the Marqeta class action, go to
https://rosenlegal.com/submit-form/?case_id=32001 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action. A class action lawsuit has
already been filed. If you wish to serve as lead plaintiff, you
must move the Court no later than February 7, 2025. A lead
plaintiff is a representative party acting on behalf of other class
members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Be wise in selecting counsel. The
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
DETAILS OF THE CASE: According to the lawsuit, defendants
throughout the Class Period made materially false and/or misleading
statements and/or failed to disclose that: (1) Marqeta understated
the regulatory challenges affecting its business outlook; (2) as a
result, Marqeta would have to cut its guidance for the fourth
quarter of 2024; and (3) as a result, defendants' public statements
were materially false and/or misleading at all relevant times. When
the true details entered the market, the lawsuit claims that
investors suffered damages.
To join the Marqeta class action, go to
https://rosenlegal.com/submit-form/?case_id=32001 call Phillip Kim,
Esq. toll-free at 866-767-3653 or email case@rosenlegal.com for
information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40(th) Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
MCDONALD'S CORP: Faces Suit Over Breakfast Combos' Deceptive Ads
----------------------------------------------------------------
Lori Waite, writing to Top Class Actions, reports that class action
lawsuit claims McDonald's breakfast combos are deceptively
advertised.
A class action lawsuit alleges McDonald's misleadingly advertises
its breakfast combos with pictures of orange juice at a fixed
price, but then charges consumers extra for the juice. Plaintiffs
argue this practice violates consumer protection laws by creating a
"hidden" surcharge, leaving customers with unexpected costs.
The lawsuit seeks to hold McDonald's accountable for its pricing
practices and advertising, demanding compensation for affected
customers and changes to how the company presents its breakfast
menu.
Do you qualify?
If you purchased a McDonald's breakfast combo with orange juice and
were surprised by an additional charge, you may qualify to join
this class action lawsuit.
According to the lawsuit, McDonald's uses misleading advertising to
lure customers into believing orange juice is part of the
advertised price. One plaintiff, Amber Meyers, alleges she had been
ordering her usual breakfast combo, a Two Sausage Egg McMuffin meal
with orange juice, for about a year, and was unaware she was being
charged extra for the drink. "If I knew there was a surcharge for
the orange juice, I wouldn't have ordered it every time," Meyers
states in the complaint. Another plaintiff, John Taferner, claims
he ordered "exactly what was pictured" -- a breakfast burrito meal
with orange juice -- only to be surprised by the extra charge on
his receipt.
Other plaintiffs across the country share similar experiences.
Joshua Dini, from Nevada, and Travis Smith, from Florida, both
allege that McDonald's menu boards led them to believe orange juice
was included in the advertised combo prices.
Nationwide practice under scrutiny
The McDonald's orange juice class action lawsuit alleges that this
misleading pricing practice is a nationwide policy at McDonald's.
Plaintiffs argue the company's menu boards and drive-through
screens do not adequately inform customers that orange juice is an
additional cost. Instead, the surcharge is only identified as a
line-item on receipts after the purchase is complete.
The class action further claims McDonald's employees are not
adequately trained to disclose the orange juice surcharge,
contributing to customer confusion and frustration..
The McDonald's orange juice class action lawsuit is Meyers, et al.
v. McDonald's Corp., et al., Case No. 5:23-cv-00883, in the U.S.
District Court for the Central District of California. [GN]
MIDLAND CREDIT: Cook Files FDCPA Suit in S.D. California
--------------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc., et al. The case is styled as Lydia Cook,
individually and on behalf of all others similarly situated v.
Midland Credit Management, Inc., Midland Funding, LLC, Case No.
3:24-cv-02342-BAS-SBC (S.D. Cal., Dec. 16, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Credit Management, Inc. -- https://www.midlandcredit.com/
-- is a third-party debt collector with headquarters in San
Diego.[BN]
The Plaintiff is represented by:
Aryanna Yvette Young, Esq.
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP, APC
2221 Camino Del Rio South, Suite 101
San Diego, CA 92108
Phone: (714) 656-2453
Email: aryanna@kazlg.com
ryan@kazlg.com
MIELLE ORGANICS: Williams Files Suit in N.D. Illinois
-----------------------------------------------------
A class action lawsuit has been filed against Mielle Organics LLC,
et al. The case is styled as Stephanie Williams, Georgina Gomes,
Krista Gillette, individually and on behalf of themselves and all
other similarly situated persons, known and unknown v. Mielle
Organics LLC, The Procter & Gamble Company, Case No. 1:24-cv-12763
(N.D. Ill., Dec. 12, 2024).
The nature of suit is stated Other Fraud.
Mielle Organics -- https://mielleorganics.com/ -- is a haircare
brand known for its focus on using high-quality and certified
organic ingredients in each of its products.[BN]
The Plaintiff is represented by:
James Dore, Esq.
JUSTICIA LABORAL LLC
6232 North Pulaski Rd., Suite 300
Chicago, IL 60646
Phone: (773) 415-4898
Email: jdore@justicialaboral.com
MILLENNIUM GEM: Website Inaccessible to the Blind, Agostini Says
----------------------------------------------------------------
LUNIQUE AGOSTINI, on behalf of herself and all others similarly
situated, Plaintiff v. Millennium Gem, LLC, Defendant, Case No.
1:24-cv-09261 (S.D.N.Y., December 5, 2024) is a civil rights action
against Millennium Gem for their failure to design, construct,
maintain, and operate their website,
https://www.michaelgabriels.com, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
On November 12, 2024, the Plaintiff attempted to visit and use
Michaelgabriels.com. The Plaintiff asserts that she encountered
unlabeled images of the product she intended to purchase, which
made it difficult for her to choose the necklace that would match
her preferences. These access barriers made the website
inaccessible and difficult to use for blind and visually impaired
individuals.
The Plaintiff seeks a permanent injunction to cause a change in
Millennium Gem's policies, practices, and procedures so that its
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Millennium Gem, LLC operates the website that offers various types
of earrings, necklaces, bracelets and rings.[BN]
The Plaintiff is represented by:
Gabriel A. Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd, Suite 404
Manhasset, NY 11030
Telephone: (347) 941-4715
E-mail: Glevyfirm@gmail.com
MISSION CEVICHE: Flores Seeks Rule 23 Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as DANIELA FLORES, on behalf
of herself, FLSA Collective Plaintiffs, and the Class, v. MISSION
CEVICHE, LLC d/b/a MISSION CEVICHE, MISSION CEVICHE UES INC d/b/a
MISSION CEVICHE, MISSION CEVICHE CANAL LLC d/b/a MISSION CEVICHE,
MISSION CEVICHE NOMAD LLC d/b/a MISSION CEVICHE, JOSE LUIS CHAVEZ,
BRICE MASTROLUCA, and MIGUEL YARROW, Case No. 1:24-cv-03626-AS
(S.D.N.Y.), the Plaintiff asks the Court to enter an order granting
motion for class certification pursuant to Fed. R. Civ. P. 23.
Mission Ceviche is a ceviche restaurant in the Upper East Side, New
York City, specializing in authentic Peruvian cuisine.
A copy of the Plaintiffs' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=auLwWZ at no extra
charge.[CC]
The Plaintiffs are represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
MOBIUSPAY INC: Flexsenal & Master Factor Sue Over Unlawful Charges
------------------------------------------------------------------
FLEXSENAL INC. and MASTER FACTOR MARKETING INC., Plaintiffs v.
MOBIUSPAY INC., NAB-CW LLC d/b/a CWA MERCHANT SERVICES, MERRICK
BANK CORPORATION, and DOES 1 through 10, Defendants, Case No.
5:24-cv-02582 (C.D. Cal., December 4, 2024) is a federal class
action that asserts claims for breach of contract, breach of the
implied covenant of good faith and fair dealing, conversion, money
had and received, unfair business practices and civil theft against
Defendants, who offer payment processing services to businesses to
enable them to accept debit and credit card payments from their
customers.
The complaint arises out of Defendants' breach of the MobiusPay
Merchant Application by deceptively charging the Plaintiffs and
other Class members "Early Termination Fees" without proper
disclosure, and without any contractual or other legal right to do
so.
Based in St. Petersburg, FL, MobiusPay Inc. provides payment
processing solutions for merchants. [BN]
The Plaintiff is represented by:
Eugene Rome, Esq.
Bradley O. Cebeci, Esq.
ROME LLP
2029 Century Park East, Suite 450
Los Angeles, CA 90067
Telephone: (310) 282-0690
Facsimile: (310) 282-0691
E-mail: erome@romellp.com
bcebeci@romellp.com
NATIONAL GRID: Class Cert Response Filing Extended to Jan. 6, 2025
------------------------------------------------------------------
In the class action lawsuit captioned as Nightingale v. National
Grid USA Service Company, Inc., et al., Case No. 1:19-cv-12341 (D.
Mass., Filed Nov. 13, 2019), the Hon. Judge Nathaniel M. Gorton
entered an order allowing motion for extension of time to file
response motion to certify class by Jan. 6, 2025.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
National Grid provides utility services. The Company distributes
electricity and gas energy.[CC]
NORTHEAST WORK: Class Cert Filing in Obermeier Due July 14, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Obermeier v. Northeast
Work & Safety Boats, LLC, et al., Case No. 3:23-cv-00046 (D. Conn.,
Filed Jan. 11, 2023), the Hon. Judge Sarala V. Nagala entered an
order granting joint motion for extension of time.
The updated discovery deadlines are as follows.
-- Fact discovery shall be completed April 14,
2025
(not propounded) by:
-- The second joint status report, due: April 21, 2025
-- The deadline for Plaintiff to move for July 14, 2025
Rule 23 class certification, and for
the Defendants to move to decertify the
Fair Labor Standards Act (FLSA)
collective, is:
The suit alleges violation of the Fair Labor Standards
Act(FLSA).[CC]
NOVA HOME: Savinova Seeks OK of Renewed Bid for Class Status
------------------------------------------------------------
In the class action lawsuit captioned as YELENA SAVINOVA, et. al.,
v. NOVA HOME CARE, LLC, et. al., Case No. 3:20-cv-01612-TOF (D.
Conn.), the Plaintiffs ask the Court to enter an order granting
renewed motion for class certification:
The Plaintiffs move the Court to reapply the criteria listed in
Fed. R. Civ. P. 23(a) and 23(b)(3) to their motion for
certification of a class limited to homecare workers who worked for
both Nova Home Care, LLC and Southern Home Care Services, Inc.
during the Connecticut Minimum Wage Act ("CMWA")statutory period
and who had any workweeks split between Nova and Southern on the
same live-in assignments.
The Plaintiffs have established numerosity by a number of means,
including mathematically and by Defendants' own admissions.
However, despite the fact that a "preponderance" is, by definition,
a probability determination, Judge Nagala nevertheless found the
scientific probability calculations insufficient to "conclude, by a
preponderance of the evidence, that at least 33 of the remaining 88
Southern-Nova employees worked for both companies in the same week,
for the same client."
In the face of contrary mathematical proof, such a finding is
simply untenable.
Given the irrefutable probability evidence, if class certification
is denied, it will inevitably lead to reversal on appeal and result
in much of the weeks-long trial being a waste of time.
Nova is a privately owned company operating in the home support
services field.
A copy of the Plaintiffs' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Q2napl at no extra
charge.[CC]
The Plaintiffs are represented by:
Mariusz Kurzyna, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Avenue, Suite 400
Silver Spring, MD 20910
Telephone: (301) 587-9373
Facsimile: (240) 839-9142
E-mail: mkurzyna@zagfirm.com
- and -
Olena Savytska, Esq.
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (617) 994-5800
E-mail: osavytska@llrlaw.com
NUSCALE POWER: Tucker Suit Challenges Validity of Waiver Provision
------------------------------------------------------------------
WILLIAM H. TUCKER, individually and on behalf of all others
similarly situated, Plaintiff v. NUSCALE POWER CORPORATION, a
Delaware Corporation, JAMES T. HACKETT, JOHN L. HOPKINS, ALAN
BOECKMANN, JIM BREUER, DR. BUM-JIN CHUNG, ALVIN C. COLLINS, III,
SHINJI FUJINO, KENT KRESA, and KIMBERLY O. WARNICA, Defendants,
Case No. 2024-1272 (Del. Ch., December 10, 2024) is a class action
against the Defendants for violation of the Delaware General
Corporation Law Sections 102(b)(7) and 122(17) and Delaware common
law and public policy.
The Plaintiff brings this action on behalf of himself and all other
holders of shares of Class A common stock of NuScale Power
Corporation against the company and the members of its board,
seeking a declaratory judgment that the Waiver Provision violates
Delaware law and public policy and is invalid. The Waiver Provision
is broad, limitless in scope, and without qualification. It lacks
the specificity as required by Section 122(17). It is invalid for
this lack of specificity, as well as for the impermissible waiver
of the duty of loyalty, suit says.
NuScale Power Corporation is a nuclear power company, with its
principal office located at 1100 NE Circle Blvd., Suite 200,
Corvallis, Oregon. [BN]
The Plaintiff is represented by:
Blake A. Bennett, Esq.
COOCH AND TAYLOR, PA
The Brandywine Building
1000 N. West Street, Suite 1500
Wilmington, DE 19801
Telephone: (302) 984-3800
Email: bbennett@coochtaylor.com
- and -
Brian P. Murray, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave., Suite 358
New York, NY 10169
Telephone: (212) 682-5340
Email: bmurray@glancylaw.com
- and -
Werner R. Kranenburg, Esq.
KRANENBURG
80-83 Long Lane
London EC1A 9ET
United Kingdom
Telephone: (44) 20-3174-0365
Email: werner@kranenburgesq.com
ONPOINT INDUSTRIAL: Fails to Properly Pay Laborers, Villafan Claims
-------------------------------------------------------------------
ANGEL VILLAFAN, individually and on behalf of all others similarly
situated, Plaintiff v. ONPOINT INDUSTRIAL SERVICES, LLC, Defendant,
Case No. 3:24-cv-08895 (N.D. Cal., December 10, 2024) is a class
action against the Defendant for violations of the Fair Labor
Standards Act, California Labor Code, and California's Business and
Professions Code including failure to pay for all hours worked,
failure to pay minimum wage and liquidated damages, failure to pay
overtime wages, failure to authorize and permit and/or make
available meal and rest periods, failure to reimburse for necessary
business expenditures, failure to provide timely and accurate
itemized wage statements, waiting time penalties, and unlawful
business practices.
The Plaintiff has been employed by OnPoint for various projects as
a laborer or safety attendant and foreman since approximately 2009
to the present.
OnPoint Industrial Services, LLC is a provider of turnaround
management, materials management, workforce transportation, and
safety and logistics based in California. [BN]
The Plaintiff is represented by:
Carolyn Hunt Cottrell, Esq.
Ori Edelstein, Esq.
Michelle S. Lim, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
Facsimile: (415) 421-7105
PERDUE FARMS: Jien Suit Seeks to Certify Injunctive Class
---------------------------------------------------------
In the class action lawsuit captioned as JUDY JIEN, et al., v.
PERDUE FARMS, INC., et al., Case No. 1:19-cv-02521-SAG (D. Md.),
the Plaintiffs ask the Court to enter an order granting
certification of the following injunctive class:
"All persons employed by the Defendant Processors, their
subsidiaries, and related entities at poultry processing
complexes, plants, hatcheries, and feed mills in the
continental
United States."
Perdue Farms is a provider of quality chicken, food gifts, pork,
lamb and other great meats.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Ni0SBV at no extra
charge.[CC]
The Plaintiffs are represented by:
Shana E. Scarlett, Esq.
Rio S. Pierce, Esq.
Steven W. Berman, Esq.
Breanna Van Engelen, Esq.
Elaine T. Byszewski, Esq.
Abigail D. Pershing, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 300
Berkeley, CA 94710
Telephone: (510) 725-3000
E-mail: shanas@hbsslaw.com
riop@hbsslaw.com
steve@hbsslaw.com
breannav@hbsslaw.com
elaine@hbsslaw.com
abigailp@hbsslaw.com
- and -
Brent W. Johnson, Esq.
Benjamin D. Brown, Esq.
Daniel H. Silverman, Esq.
Alison S. Deich, Esq.
Zachary R. Glubiak, Esq.
Zachary Krowitz, Esq.
Sabrina S. Merold, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue NW, 5th Floor
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: bjohnson@cohenmilstein.com
bbrown@cohenmilstein.com
dsilverman@cohenmilstein.com
adeich@cohenmilstein.com
zglubiak@cohenmilstein.com
zkrowitz@cohenmilstein.com
smerold@cohenmilstein.com
- and -
George F. Farah, Esq.
Rebecca P. Chang, Esq.
Nicholas J. Jackson, Esq.
Matthew K. Handley, Esq.
Rachel E. Nadas, Esq.
William H. Anderson, Esq.
Simon Wiener, Esq.
HANDLEY FARAH & ANDERSON PLLC
33 Irving Place
New York, NY 10003
Telephone: (212) 477-8090
E-mail: gfarah@hfajustice.com
rchang@hfajustice.com
njackson@hfajustice.com
mhandley@hfajustice.com
rnadas@hfajustice.com
wanderson@hfajustice.com
swiener@hfajustice.com
- and -
Brian D. Clark, Esq.
Arielle S. Wagner, Esq.
Eura Chang, Esq.
Stephen J. Teti, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: bdclark@locklaw.com
aswagner@locklaw.com
echang@locklaw.com
sjteti@locklaw.com
- and -
Candice J. Enders, Esq.
Julia R. McGrath, Esq.
BERGER MONTAGUE PC
1818 Market St., Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215)-875-4604
E-mail: cenders@bm.net
jmcgrath@bm.net
PERDUE FARMS: Plaintiffs Seek to File Class Cert Bid Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as JUDY JIEN, et al., v.
PERDUE FARMS, INC., et al., Case No. 1:19-cv-02521-SAG (D. Md.),
the Plaintiffs ask the Court to enter an order granting permission
to file the motion for class certification and associated materials
under seal.
The Plaintiffs request permission to file their Motion for Class
Certification and associated materials under seal in accordance
with that Order to maintain the confidentiality requested by
Defendants. Plaintiffs further request permission to file redacted
copies of their Motion for Class Certification and associated
materials by Jan. 13, 2025.
Perdue is a provider of quality chicken, food gifts, pork, lamb and
other great meats.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fcBd9s at no extra
charge.[CC]
The Plaintiffs are represented by:
Shana E. Scarlett, Esq.
Rio S. Pierce, Esq.
Steven W. Berman, Esq.
Breanna Van Engelen, Esq.
Elaine T. Byszewski, Esq.
Abigail D. Pershing, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst Avenue, Suite 300
Berkeley, CA 94710
Telephone: (510) 725-3000
E-mail: shanas@hbsslaw.com
riop@hbsslaw.com
steve@hbsslaw.com
breannav@hbsslaw.com
elaine@hbsslaw.com
abigailp@hbsslaw.com
- and -
Brent W. Johnson, Esq.
Benjamin D. Brown, Esq.
Daniel H. Silverman, Esq.
Alison S. Deich, Esq.
Zachary R. Glubiak, Esq.
Zachary Krowitz, Esq.
Sabrina S. Merold, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Avenue NW, 5th Floor
Washington, DC 20005
Telephone: (202) 408-4600
Facsimile: (202) 408-4699
E-mail: bjohnson@cohenmilstein.com
bbrown@cohenmilstein.com
dsilverman@cohenmilstein.com
adeich@cohenmilstein.com
zglubiak@cohenmilstein.com
zkrowitz@cohenmilstein.com
smerold@cohenmilstein.com
- and -
George F. Farah, Esq.
Rebecca P. Chang, Esq.
Nicholas J. Jackson, Esq.
Matthew K. Handley, Esq.
Rachel E. Nadas, Esq.
William H. Anderson, Esq.
Simon Wiener, Esq.
HANDLEY FARAH & ANDERSON PLLC
33 Irving Place
New York, NY 10003
Telephone: (212) 477-8090
E-mail: gfarah@hfajustice.com
rchang@hfajustice.com
njackson@hfajustice.com
mhandley@hfajustice.com
rnadas@hfajustice.com
wanderson@hfajustice.com
swiener@hfajustice.com
- and -
Brian D. Clark, Esq.
Arielle S. Wagner, Esq.
Eura Chang, Esq.
Stephen J. Teti, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
E-mail: bdclark@locklaw.com
aswagner@locklaw.com
echang@locklaw.com
sjteti@locklaw.com
- and -
Candice J. Enders, Esq.
Julia R. McGrath, Esq.
BERGER MONTAGUE PC
1818 Market St., Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215)-875-4604
E-mail: cenders@bm.net
jmcgrath@bm.net
PNC INVESTMENTS: Hegazy Sues Over Breach of Fiduciary Duties
------------------------------------------------------------
AHMED M. HEGAZY, individually and on behalf of all others similarly
situated, Plaintiff v. PNC INVESTMENTS, LLC; PNC FINANCIAL SERVICES
GROUP, INC.; and NATIONAL FINANCIAL SERVICES LLC, Defendants, Case
No. 2:24-cv-01651 (W.D. Pa., December 4, 2024) arises from
Defendants' alleged exploitative and unfair implementation of their
PNC Priority Bank Deposit Sweep Program.
The program has resulted in the breach of Defendants' fiduciary
duties owed to 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. When acting as their customers' agents and
fiduciaries, defendant PNC Financial, working with National
Financial Services LLC, "sweeps" uninvested cash balances in its
customers' accounts and deposits that cash into accounts located at
its wholly owned affiliate bank, PNC Bank N.A. Because PNC Bank's
accounts pay far below market rates of interest, Plaintiff and
other Class members have lost significant amounts of interest they
would have otherwise earned had PNC Financial swept their
uninvested cash into bank accounts that pay a reasonable market
interest rate. Accordingly, 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, and
unjust enrichment, to recover damages arising out of Defendants'
violations of the law, and for such other appropriate relief.
Headquartered in Pittsburgh, PA, PNC Investments is a registered
investment adviser and broker-dealer and a member of the Financial
Industry Regulatory Authority. [BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
KOPELOWITZ OSTROW P.A.
65 Overhill Road
Bala Cynwyd, PA 19004
Telephone: (954) 525-4100
E-mail: grunfeld@kolawyers.com
- and -
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
QUALTEK LLC: Torrez Bid to Certify Collective Tossed w/o Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as FELIX TORREZ, v. QUALTEK
LLC, Case No. 2:24-cv-01740-WB (E.D. Pa.), the Hon. Judge Wendy
Beetlestone entered an order denying without prejudice the
Plaintiff's motion to certify a class collective action.
The Court further entered an order that the Plaintiff is permitted
to refile his Motion to Certify Class Collective Action based on
the allegations set forth in his Original Complaint on or before
Jan. 10, 2025.
Qualtek provides communication infrastructure construction
services.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Bt21uI at no extra
charge.[CC]
QUOTEWIZARD.COM LLC: Mantha Seeks OK of Proposed Notice Plan
------------------------------------------------------------
In the class action lawsuit captioned as JOSEPH MANTHA,
individually and on behalf of a class of all persons and entities
similarly situated, v. QUOTEWIZARD.COM, LLC, Case No.
1:19-cv-12235-LTS (D. Mass.), the Plaintiff asks the Court to enter
an order to approve his proposed notice plan, which satisfies all
requirements under the Federal Rules of Civil Procedure and due
process, and provides for a prompt schedule in order to bring this
matter to trial.
Under Rule 23(b)(3), the Court has certified the following class:
"All persons within the United States (a) whose telephone
numbers
were listed on the Do-Not-Call Registry, and (b) who received
more
than one telemarketing text within any twelve-month period at
any
time from Drips, (c) to promote the sale of QuoteWizard's goods
or
services, and (d) whose numbers are included on the Class List.
Under Plaintiff's plan here, class members have been identified
through utilizing documents produced by Defendant in this case, as
well as a reverse append process for the 162 class members for
which the Defendant's data did not include name and address
information, which yielded 152 names and addresses associated with
the telephone numbers in question during the class period.
As the Court observed in its class certification order, Ms.
Verkhovskaya is the same expert who identified class members and
provided testimony in Krakauer. S
Class Counsel solicited bids from three nationally recognized class
action administration firms and AB Data, Ltd. was the low bidder.
Plaintiff proposes the Court appoint AB Data, Ltd. as Notice
Administrator responsible for mailing notices and processing
opt-out forms.
A declaration outlining AB Data's experience in class
administration and estimating that successful notice will exceed
80% of the class is attached as Exhibit D. The expected successful
notice rate well exceeds the 70% benchmark set by the Federal
Judicial Center for a successful notice program.
QuoteWizard.com provides online insurance services.
A copy of the Plaintiff's motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CEvhLm at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
E-mail: anthony@paronichlaw.com
- and -
Matthew P. McCue, Esq.
THE LAW OFFICE OF MATTHEW P.
MCCUE
1 South Avenue, Suite 3
Natick, MA 01760
Telephone: (508) 655-1415
E-mail: mmccue@massattorneys.net
- and -
Edward A. Broderick, Esq.
BRODERICK LAW, P.C.
176 Federal Street, Fifth Floor
Boston, MA 02111
Telephone: (617) 738-7080
E-mail: ted@Broderick-law.com
R.W. GARCIA CO: Melendez Suit Removed to S.D. New York
------------------------------------------------------
The case styled as Myrna Melendez, individally and on behalf of all
others similarly situated v. R.W. Garcia Co. Inc., Case No.
158797/2024 was removed from the Supreme Court of New York, New
York County, to the U.S. District Court for the Southern District
of New York on Dec. 12, 2024.
The District Court Clerk assigned Case No. 1:24-cv-09500-JAV to the
proceeding.
The nature of suit is stated as Other Fraud.
R.W. Garcia Co. Inc. -- https://www.rwgarcia.com/ -- offers gluten
free crackers, tortilla chips, dippers, veggie chips, flaxseed and
corn tortilla chips, and seed crackers.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES PC
505 Northern Boulevard, Suite 311
Great Neck, NY 11021
Phone: (516) 303-0552
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
The Defendant is represented by:
Amelia Courtney Hritz, Esq.
BRAUNHAGEY & BORDEN LLP
118 W. 22nd Street, Ste. 12th Floor
New York, NY 10011
Phone: (646) 970-0741
Email: hritz@braunhagey.com
RANA POULTRY: Gonzalez Sues Over Unpaid Minimum, Overtime Wages
---------------------------------------------------------------
Angela Gonzalez, on behalf of herself and all other persons
similarly situated v. Rana Poultry Corp. d/b/a Saba Live Poultry,
Sala Doe and Yamal Doe, Case No. 1:24-cv-09592 (S.D.N.Y, Dec. 16,
2024), is brought pursuant to the Fair Labor Standards Act
("FLSA"), alleges that she is entitled to recover from Defendants,
jointly and severally: compensation for wages paid at less than the
statutory minimum wage; unpaid wages for overtime work for which
she did not receive overtime premium pay as required by law; and
liquidated damages pursuant to the FLSA, because the Defendants'
violations were willful lacked a good faith basis.
During her employment at Saba Live Poultry, Plaintiff was paid in
cash, at the daily rate of $125 per day and received no pay stubs
or wage statements. As a result, Plaintiff's effective hourly rates
of pay throughout her employment by Defendants were below the
statutory New York City minimum wage in effect at relevant times.
The Defendants' failure to pay Plaintiff an amount at least equal
to the New York City minimum wage in effect during relevant time
periods was willful and lacked a good faith basis. The Defendants'
failure to pay Plaintiff an amount at least equal to the New York
State minimum wage in effect during relevant time periods was
willful and lacked a good faith basis.
During Plaintiff's employment at Saba Live Poultry, Defendants
never paid Plaintiff any overtime premium for hours worked beyond
40 hours in a workweek, in violation of the FLSA, the New York
Labor Law, and the supporting New York State Department of Labor
regulations. The Defendants' failure to pay Plaintiff the overtime
bonus for additional overtime hours she worked was willful and
lacked a good faith basis, says the complaint.
The Plaintiff was employed at Saba Live Poultry from January 2021
to October 2021, and again from March 2023 to September 2024.
Rana Poultry Corp. d/b/a Saba Live Poultry, Sala Doe and Yamal Doe,
owned and operated a poultry located in Bronx, New York.[BN]
The Plaintiff is represented by:
Michael Samuel, Esq.
THE SAMUEL LAW FIRM
1441 Broadway, Suite 6085
New York, NY 10018
Phone: (212) 563-9884
Email: michael@thesamuellawfirm.com
RICOH USA: Ballungay Suit Removed to C.D. California
----------------------------------------------------
The case styled as Saranay "Sonny" Ballungay, on behalf of himself
and all others similarly situated as a representative for the State
of California v. RICOH USA, INC., and Does 1 through 50, inclusive,
Case No. 24STCV29068 was removed from the Superior Court of
California, County of Los Angeles, to the United States District
Court for the Central District of California on Dec. 13, 2024, and
assigned Case No. 2:24-cv-10785.
The Complaint alleges causes of action for Failure to Pay Wages
Pursuant to California Labor Code; Failure to Reimburse for Work
Related Expenses in Violation of Labor Code; Wage Statement
Violations: California Labor Code; and Unlawful, Unfair and
Fraudulent Business Practices Pursuant to Business & Professions
Code.[BN]
The Defendants are represented by:
Barbara J. Miller, Esq.
John D. Hayashi, Esq.
Hannah V. Schnell, Esq.
Hailey A. Phelan, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Phone: +1.714.830.0600
Fax: +1.714.830.0700
Email: barbara.miller@morganlewis.com
john.hayashi@morganlewis.com
hannah.schnell@morganlewis.com
hailey.phelan@morganlewis.com
RL AUTOMATIONS: Ludlow Files TCPA Suit in E.D. Texas
----------------------------------------------------
A class action lawsuit has been filed against RL Automations LLC.
The case is styled as Samantha Ludlow, on behalf of herself and all
others similarly situated v. RL Automations LLC doing business as:
Circle Home Buyers, Case No. 4:24-cv-01096-SDJ (E.D. Tex., Dec. 12,
2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
RL Automation -- https://rlautomation.com/ -- is in the industry of
Industrial Machinery & Equipment, Manufacturing.[BN]
The Plaintiff is represented by:
Bryan Andre Giribaldo, Esq.
PARDELL, KRUZYK & GIRIBALDO, PLLC
7500 Rialto Blvd., Suite 1-250
Austin, TX 78735
Phone: (737) 310-3211
Email: bgiribaldo@pkglegal.com
RUSSELL ROAD FOOD: Hayes Sues Over Unpaid Minimum Wages
-------------------------------------------------------
Trinity Hayes, on behalf of herself, as an individual, and those
similarly situated v. RUSSELL ROAD FOOD AND BEVERAGE, LLC d/b/a
CRAZY HORSE 3 GENTLEMEN'S CLUB, and NANDO SOUTILLIO, an individual;
DOES 1 10 and ROE ENTITIES 1-10, inclusive, Case No. 2:24-cv-02341
(D. Nev., Dec. 16, 2024), is brought pursuant to the Fair Labor
Standards Act ("FLSA") as a result of the Defendants violation of
the minimum wage and record keeping requirements of the FLSA,
seeking unpaid wages, including tips, liquidated damages and
reasonable attorneys' fees and costs.
The Defendants did not compensate Plaintiff at an hourly rate above
or equal to the minimum wage. The Defendants willfully failed to
compensate Plaintiff at an hourly rate above or equal to the
minimum wage. The Plaintiff is entitled to receive all unpaid
minimum wages from the Defendants for the hours that she worked.
The Plaintiff is entitled to recover from Defendants as part of her
wage loss, all fees, tip-outs and fines that it was required to pay
in order to work at the Club. The Defendants' violation of the FLSA
was willful. In other words, the Defendants knew or showed reckless
disregard for the fact that its wage and "pay to work" policies
violated the FLSA, says the complaint.
The Plaintiff has worked for Defendants since 2014.
The Defendants employ Entertainers throughout the Club whose
primary duties include providing adult entertainment for
Defendants' customers.[BN]
The Plaintiff is represented by:
F. Travis Buchanan, Esq.
F. TRAVIS BUCHANAN, ESQ., & ASSOC., PLLC
701 East Bridger Ave., Suite 540
Las Vegas, NV 89101
Phone: (702) 331-5478
Fax: (702) 629-6919
Email: Travis@ftblawlv.com
- and -
Carlos Leach, Esq.
T'Keara N. Watson, Esq.
THE LEACH FIRM
1560 N. Orange Ave., Ste. 600
Winter Park, FL 32789
Phone: (407) 574-2244
Fax: (321) 594-7316
Email: Cleach@theleachfirm.com
SAG-AFTRA HEALTH: Fails to Protect Customers' Info, Wilkof Alleges
------------------------------------------------------------------
LEE WILKOF, individually and on behalf of all others similarly
situated, Plaintiff v. SAG-AFTRA HEALTH PLAN, Defendant, Case No.
2:24-cv-10626 (C.D. Cal., December 10, 2024) is a class action
against the Defendant for negligence, breach of implied contract,
unjust enrichment, and violation of California's Unfair Competition
Law.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information and protected
health information of the Plaintiff and similarly situated
consumers stored within its network systems following a data breach
between September 17, 2024, and September 18, 2024. The Defendant
also failed to timely notify the Plaintiff and similarly situated
individuals about the data breach. As a result, the private
information of the Plaintiff and Class members was compromised and
damaged through access by and disclosure to unknown and
unauthorized third parties, says the suit.
SAG-AFTRA Health Plan is a provider of healthcare benefits, with
its principal place of business located in Burbank, California.
[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Drive
Beverly Hills, CA 90212
Telephone: (858) 209-6941
Email: jnelson@milberg.com
SAVILINX LLC: Calzetta Files Suit in Mass. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Savilinx, LLC. The
case is styled as Danielle Calzetta, on behalf of herself and all
others similarly situated v. Savilinx, LLC, Case No. 2477CV01307
(Mass. Super. Ct., Hampden Cty., Dec. 13, 2024).
The case type is stated as "Contract / Business."
SaviLinx -- https://savilinx.com/ -- is a private, woman-owned
contact center that has been named to the Inc. 5000 list of Fastest
Growing Companies (North America) annually since 2017.[BN]
The Plaintiff is represented by:
Benjamin K. Steffans, Esq.
STEFFANS LEGAL - THE EMPLOYMENT LAW FIRM
10 Wendell Ave. Ext., Suite 208
Pittsfield, MA 01201
Phone: (413) 418-4176
SCALE AI: Faces McKinney Wage-and-Hour Suit in Cal. Super.
----------------------------------------------------------
STEVE MCKINNEY, on behalf of himself and all others similarly
situated, Plaintiff v. SCALE AI, INC., a corporation; SMART
ECOSYSTEM, INC., a corporation; ALEXANDR WANG, DENNIS CINELLI,
MICHAEL KRATSIOS, DANIEL BERRIOS, XIAOTE ZHU; and DOES 1-50,
inclusive, Defendants, Case No. CGC-24-620481 (Cal. Super. San
Francisco Cty., December 10, 2024) is a class action against the
Defendants for violations of California Labor Code and California's
Business and Professions Code including failure to pay minimum wage
and liquidated damages, failure to provide meal periods or meal
premium wages, failure to provide rest periods or rest break
premium wages, failure to pay overtime wages, failure to timely pay
wages, failure to pay wages upon separation, failure to keep
requisite payroll records, failure to provide timely and accurate
wage statements, failure to reimburse business expenses, and unfair
competition.
Scale AI, Inc. is a software company, with principal place of
business in San Francisco, California.
Smart Ecosystem, Inc. is a software development company, with
principal place of business in San Francisco, California. [BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Glenn A. Danas, Esq.
Christina Le, Esq.
Maxim Gorbunov, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
Email: rclarkson@clarksonlawfirm.com
gdanas@clarksonlawfirm.com
cle@clarksonlawfirm.com
mgorbunov@clarksonlawfirm.com
- and -
Ashley M. Boulton, Esq.
Zarrina Ozari, Esq.
CLARKSON LAW FIRM, P.C.
95 3rd St., 2nd Floor
San Francisco, CA 94103
Telephone: (415) 651-7990
Facsimile: (213) 788-4070
Email: aboulton@clarksonlawfirm.com
zozari@clarksonlawfirm.com
SEAVIEW INSURANCE: Modified Sealing Procedures OK'd
---------------------------------------------------
In the class action lawsuit re California Bail Bond Antitrust
Litigation, Case No. 4:19-cv-00717-JST (N.D. Cal.), the Hon. Judge
Jon Tigar entered an order that the Parties may follow the modified
sealing procedures regarding the Class Certification Materials as
set forth herein.
-- The Clerk is ordered to maintain such Class Certification
Materials provisionally sealed until resolution of the omnibus
administrative motions to seal regarding the class
certification
materials to be filed on or before Sept. 11, 2025.
-- All briefs, exhibits, declarations, expert reports, and similar
materials filed in support of or in opposition to Plaintiffs'
class certification motion and related Daubert briefs (the
"Class
Certification Material") that contain information designated as
Confidential or Highly Confidential under the Stipulated
Protective Order shall be filed with either an Administrative
Motion to File Under Seal or a Motion to Consider Whether
Another
Party's Material Should be Sealed in compliance with Civil
Local
Rule 79-5(d)–(f) and as dictated under the Stipulated
Protective
Order with redacted and unredacted versions of all applicable
filings.
-- 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).
A copy of the Court's order dated Dec. 12, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=PiScVZ 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
Telephone: (518) 732-6703
E-mail: belga@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
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
- and -
Sara K. Hunkler, Esq.
Myles D. Morrison, Esq.
Joshua P. Mayer, Esq.
RUGGERI PARKS WEINBERG LLP
1875 K Street NW, Suite 600
Washington, DC 20006
Telephone: (202) 984-1400
E-mail: shunkler@ruggerilaw.com
mmorrison@ruggerilaw.com
jmayer@ruggerilaw.com
- and -
Albert K. Alikin, Esq.
Kenneth A. Remson, Esq.
FREEMAN MATHIS & GARY, LLP
550 South Hope Street, 22nd Floor
Los Angeles, CA 90071
Telephone: (213) 615-7029
E-mail: Albert.alikin@fmglaw.com
Ken.remson@fmglaw.com
SEAVIEW INSURANCE: Plaintiffs Seek to Seal Portions of Class Docs
-----------------------------------------------------------------
In the class action lawsuit re California Bail Bond Antitrust
Litigation, Case No. 4:19-cv-00717-JST (N.D. Cal.), the Plaintiffs
ask the Court to enter an order to consider whether to seal
portions of Plaintiffs' motion for class certification, certain of
the supporting exhibits, and portions of the expert report of Hal
J. Singer, Ph.D.
The Designated Materials are, describe, or quote from documents
Defendants or Third Parties have designated Confidential or Highly
Confidential.
The Designated Materials are identified in and attached to the
Declaration of Dean M. Harvey, submitted herewith.
The Plaintiffs take no position at this time on whether the
Designated Materials satisfy the requirements for sealing, and
specifically reserve the right to challenge any confidentiality
designation under the Stipulated Protective Order as well as the
sealability of these documents under Civil Local Rule 79-5.
Plaintiffs have complied with this Court's March 14, 2022 Standing
Order Governing Administrative Motions to File Materials Under Seal
and Civil Local Rule 79-5.
Pursuant to Civil Local Rule 79-5(c), the following attachments
accompany this motion:
1. The Declaration of Dean M. Harvey in Support of this Motion;
2. An unredacted version of Plaintiffs' Motion for Class
Certification, with redactions highlighted;
3. An unredacted version of the Expert Report of Hal J. Singer,
Ph.D., with redactions highlighted;
4. Sealed copies of the Exhibits to Plaintiffs' Motion for Class
Certification designated Confidential or Highly Confidential;
and
5. A Proposed Order regarding sealing of the Designated Materials.
A copy of the Plaintiffs' motion dated Dec. 11, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=58KBXn 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 94111-3339
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
E-mail: dharvey@lchb.com
kbenson@lchb.com
mlamy@lchb.com
mmarks@lchb.com
eharwell@lchb.com
nrubin@lchb.com
SENIOR VILLAGE: Class Cert Bid Filing in Markle Due Nov. 21, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as HEATHER MARKLE & THERESA
WHEELER, on behalf of themselves and others similarly situated, v.
SENIOR VILLAGE MANAGEMENT, LLC, Case No. 2:23-cv-2520 (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=nxIBTI at no extra
charge.[CC]
SPINSTER SISTERS: Murphy Seeks Equal Website Access for the Blind
-----------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all other persons similarly
situated, Plaintiff v. SPINSTER SISTERS, INC., Defendant, Case No.
1:24-cv-09287 (S.D.N.Y., December 6, 2024) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its interactive website,
https://spinstersistersco.com/, to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons in violation of the Americans with
Disabilities Act, the New York State Human Rights Law, and the New
York City Human Rights Law.
During Plaintiff's visits to the Website, the last occurring on
November 24, 2024, in an attempt to purchase a Lavender Lemon
Liquid Soap from Defendant and to view the information on the
website, the Plaintiff encountered multiple access barriers that
denied Plaintiff a shopping experience similar to that of a sighted
person and full and equal access to the goods and services offered
to the public and made available to the public. He was not able to
add the item to the cart due to broken links, pictures without
alternate attributes and other barriers on Defendant's website,
which prevented him from doing so, says the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
its website will become and remain accessible to blind and
visually-impaired consumers.
Spinster Sisters, Inc. operates the interactive website that
markets skincare, hair care, lotions, moisturizers, bath bombs,
shower steamers, and candles.[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
SPORTSMAN'S WAREHOUSE: Continues to Defend Securities Class Suit
----------------------------------------------------------------
Sportsman's Warehouse Holdings Inc. disclosed in its Form 10-Q
Report for the quarterly period ending November 2, 2024 filed with
the Securities and Exchange Commission on December 11, 2024, that
the Company continues to defend itself from a securities violations
class suit in the United States District Court for the Northern
District of California.
On August 26, 2022, a class action lawsuit alleging violations of
federal securities laws was filed by certain of its stockholders in
the U.S. District Court for the Northern District of California,
naming the Company as defendants and certain of its officers and
directors.
An amended complaint was filed on August 15, 2023. The lawsuit
alleges violations of the Securities Exchange Act of 1934, as
amended, by the Company and its officers for allegedly making
materially false and misleading statements regarding its Freestyle
offering between December 2020 and June 2022.
The plaintiffs seek unspecified monetary damages and other relief.
The Company filed a motion to dismiss on November 1, 2023.
A hearing on the Motion to Dismiss was held on April 18, 2024, and
the motion to dismiss was granted on July 16, 2024, with leave to
amend.
The plaintiffs filed a second amended complaint on September 13,
2024, and the Company filed a motion to dismiss the second amended
complaint on November 8, 2024.
Sportsman's Warehouse, Inc. is an American outdoor sporting goods
retailer which operates in 29 states across the United States.[BN]
STAFFING 360: M&A Investigates Proposed Merger With Atlantic
------------------------------------------------------------
Monteverde & Associates PC (the "M&A Class Action Firm"),
headquartered at the Empire State Building in New York City, is
investigating:
-- Staffing 360 Solutions, Inc. (Nasdaq: STAF), relating to a
proposed merger with Atlantic International Corp. Under the terms
of the agreement, Staffing 360 shareholders will receive 1.202
Atlantic shares for each Staffing 360 share. Atlantic and Staffing
360 shareholders will own approximately 90% and 10%, respectively,
of the combined company.
Click link for more information
https://monteverdelaw.com/case/staffing-360-solutions-inc-staf/. It
is free and there is no cost or obligation to you.
-- The Interpublic Group of Companies, Inc. (NYSE: IPG), relating
to the proposed merger with Omnicom Group Inc. Under the terms of
the agreement, Interpublic shareholders will own 39.4% of the
combined company.
Click link for more
https://monteverdelaw.com/case/interpublic-group-of-companies-inc-ipg/.
It is free and there is no cost or obligation to you.
-- Enterprise Bancorp, Inc. (NASDAQ: EBTC), relating to the
proposed merger with Independent Bank Corp. Under the terms of the
agreement, shareholders of Enterprise will receive 0.60 shares of
Independent, and $2.00 in cash, per share held.
Click link for more
https://monteverdelaw.com/case/enterprise-bancorp-inc-ebtc/. It is
free and there is no cost or obligation to you.
-- Cross Country Healthcare, Inc. (NASDAQ: CCRN), relating to the
proposed merger with Aya Healthcare. Under the terms of the
agreement, shares of Cross Country will be converted into the right
to receive $18.61 in cash.
Click link for more
https://monteverdelaw.com/case/cross-country-healthcare-inc-ccrn/.
It is free and there is no cost or obligation to you.
Monteverde & Associates PC Logo
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders . . .
and we do it from our offices in the Empire State Building. We are
a national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in any of the above listed companies and have concerns or
wish to obtain additional information free of charge, please visit
our website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341
Attorney Advertising. (C) 2024 Monteverde & Associates PC. The law
firm responsible for this advertisement is Monteverde & Associates
PC (www.monteverdelaw.com). Prior results do not guarantee a
similar outcome with respect to any future matter. [GN]
TASMANIA: Faces Class Action Suit Over Jumping Castle Tragedy
-------------------------------------------------------------
Ashleigh Barraclough, writing for ABC News, reports that the state
of Tasmania and jumping castle operator Taz-Zorb are facing a class
action in the Supreme Court from victims and families of a 2021
jumping castle incident.
Six school children died and three were injured during an
end-of-school event at Hillcrest Primary School in 2021 when wind
lifted a jumping castle high into the air.
What's next?
Law firm Maurice Blackburn is seeking more families to join the
class action, and separately, jumping castle operator Rosemary
Gamble is still facing a criminal hearing in the magistrates court
that will conclude next year.
The families of children killed and injured in the Hillcrest
jumping castle tragedy have launched a class action against the
state of Tasmania and the jumping castle operator.
Six children died and three were seriously injured when a jumping
castle lifted into the air at an end-of-year event at Hillcrest
Primary School in Devonport in north-west Tasmania in December
2021.
The operator, Rosemary Gamble -- trading as Taz-Zorb -- has pleaded
not guilty to a criminal charge of failing to comply with a health
and safety duty.
A criminal hearing in November heard a wind event known as a dust
devil caused the jumping castle to take flight.
The hearing also heard evidence about the competence of Ms Gamble
and the number of pegs that were used to secure the jumping
castle.
The magistrate is yet to deliver a decision.
The class action, launched by law firm Maurice Blackburn, has been
filed in the Supreme Court of Tasmania.
The case alleges the state -- as the school's operator -- and
Taz-Zorb had a duty of care and failed to take reasonable
precautions to ensure the children's safety.
The lead plaintiffs are Georgina Burt and Andrew Dodt, whose
children both died during the incident.
Maurice Blackburn said those eligible to join the class action
include children who suffered physical or psychological injuries in
the incident, witnesses, and close family members of the deceased
and injured children.
'They have a right to expect their children will be safe'
The class action has been launched on the three-year anniversary of
the tragedy.
Principal lawyer Dimi Ioannou said that through the class action,
the families hoped to see some accountability.
"What happened at Hillcrest was devastating, our clients are
absolutely heartbroken," she told ABC Mornings.
"This class action is about seeking justice for those families most
affected by the Hillcrest Primary School tragedy.
"These families feel the pain and trauma every day and nothing will
erase the suffering or bring back their lost children."
She said the class action would not get underway until the criminal
proceeding and coronial inquest had concluded.
"Once that has all been finalised, then we can pursue looking at
pain and suffering damages for these families who have lost their
loved ones," she said.
The children who died in the incident were Zane Mellor, Peter Dodt,
Jalailah Jayne-Maree Jones, Addison Stewart, Jye Sheehan, and Chace
Harrison. [GN]
TRANSAMERICA LIFE: Plaintiffs Allowed Leave to File Memo Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as BOAGF Holdco LP v.
Transamerica Life Insurance Company, Case No. 1:23-cv-00032 (N.D.
Iowa, Filed May 11, 2023), the Hon. Judge CJ Williams entered an
order granting the Plaintiffs' motion for leave to file under seal
plaintiffs' memorandum of law in support of their motion for class
certification and the accompanying exhibits.
The nature of suit states Diversity-Breach of Contract.
Transamerica is an American holding company for various life
insurance companies and investment firms operating primarily in the
United States.[CC]
TUFTS UNIVERSITY: Summary Judgment vs Schmidhauser Partly OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as SCOTT SCHMIDHAUSER, on
behalf of himself and all others similarly situated, v. TUFTS
UNIVERSITY, Case No. 1:20-cv-11940-AK (D. Mass.), the Hon. Judge
Angel Kelley entered an order that:
-- The Defendant's motion for summary judgment and supplemental
motion for summary judgment is granted and Plaintiff's Motion
to
Certify Questions of Law to the Massachusetts SJC is denied.
-- The Plaintiff's motion to certify class is denied as moot.
-- The Plaintiff's complaint is dismissed.
Amid the burdens and fears of the COVID-19 pandemic, schools turned
to remote instruction to meet students’ educational needs while
addressing public health concerns.
The parties, as well as this Court, agree that remote instruction
was necessary to keep everyone safe. It is the Court's
understanding that Plaintiff has since graduated from Tufts
University School of Dental Medicine and has obtained his Doctor of
Dental Medicine ("DMD"). For the classes impacted by the COVID-19
pandemic, the journey to DMD may have looked different from
previous years, but the destination was the same.
The Court congratulates Plaintiff, and all other graduates who
endured COVID-19, for reaching the finish line, despite the many
challenges posed by the global pandemic. The Court likewise
congratulates Tufts for getting students to the finish line.
The Plaintiff Schmidhauser brings this suit on behalf of himself
and all others similarly situated against Defendant Tufts
University for a portion of tuition and fees Tufts collected once
classes moved online as a result of the COVID-19 pandemic.
The Plaintiff was a dental student at Tufts University School of
Dental Medicine.
Tufts University is a private research university in Medford and
Somerville, Massachusetts.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=qYCusc at no extra
charge.[CC]
US BANCORP: Class Cert Bid Filing in Dionicio Due April 30, 2025
----------------------------------------------------------------
In the class action lawsuit captioned as Ana L. Dionicio, and
Alejandro M. Wesaw, individually and as representatives of a class
of participants and beneficiaries of the U.S. Bank 401(k) Savings
Plan, v. U.S. Bancorp, Board of Directors of U.S. Bancorp, U.S.
Bancorp's Benefits Administration Committee, and U.S. Bancorp's
Investment Committee, Case No. 0:23-cv-00026-PJS-DLM (D. Minn.),
the Hon. Judge Douglas Micko entered an amended pretrial scheduling
order:
-- The parties must commence fact discovery May 12, 2025
procedures in time to be completed on or
before:
-- Expert discovery, including depositions, Nov. 10, 2025
shall be completed by:
-- The Plaintiff's motion for class April 30,
2025
certification shall be filed, served and
heard no later than:
-- All dispositive motions shall be served, Jan. 20, 2026
filed and heard on or before:
U.S. Bancorp is an American bank holding company.
A copy of the Court's order dated Dec. 10, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=slRCwg at no extra
charge.[CC]
VANN VIRGINIA CENTER: McNair Files Suit in E.D. Virginia
--------------------------------------------------------
A class action lawsuit has been filed against Vann Virginia Center
for Orthopaedics, P.C. The case is styled as Henry McNair,
individually and on behalf of all others similarly situated v. Vann
Virginia Center for Orthopaedics, P.C. d/b/a Atlantic Orthopaedic
Specialists, Case No. 2:24-cv-00714-RBS-LRL (E.D. Va., Dec. 12,
2024).
The nature of suit is stated Other Fraud.
Vann Virginia Center for Orthopaedics, P.C. doing business as
Atlantic Orthopaedic Specialists -- https://www.atlanticortho.com/
-- specialize in orthopedic care ranging from concussion care, pain
management, sports medicine, and more.[BN]
The Plaintiff is represented by:
Elizabeth Kathleen Tripodi, Esq.
LEVI & KORSINSKY LLP
1101 30th Street NW, Suite 115
Washington, DC 20007
Phone: (202) 524-4290
Fax: (202) 333-2121
Email: etripodi@zlk.com
VERIZON COMMUNICATIONS: Wappinger Suit Removed to S.D.N.Y.
----------------------------------------------------------
The case styled TOWN OF WAPPINGER, NY, on behalf of itself and all
others similarly situated v. VERIZON COMMUNICATIONS INC., VERIZON
NEW YORK, INC., MCIMETRO ACCESS TRANSMISSION SERVICES LLC, MCI
COMMUNICATIONS SERVICES LLC dba VERIZON BUSINESS SERVICES,
METROPOLITAN FIBER SYSTEMS OF NEW YORK, INC., XO COMMUNICATIONS
SERVICES, LLC; AMERICAN TELEPHONE AND TELEGRAPH COMPANY, AT&T
ENTERPRISES, LLC, AT&T COMMUNICATIONS OF NEW YORK, INC., SBC LONG
DISTANCE, LLC, TC SYSTEMS, INC.; FRONTIER TELEPHONE OF ROCHESTER,
INC., FRONTIER COMMUNICATIONS OF SENECA GORHAM, INC., OGDEN
TELEPHONE COMPANY, FRONTIER COMMUNICATIONS OF SYLVAN LAKE, INC.,
FRONTIER COMMUNICATIONS OF AUSABLE VALLEY, INC., CITIZENS
TELECOMMUNICATIONS COMPANY OF NEW YORK, INC., FRONTIER
COMMUNICATIONS OF AMERICA, INC., FRONTIER COMMUNICATIONS OF NEW
YORK, INC., FRONTIER COMMUNICATIONS OF ROCHESTER, INC.; CHAUTAUQUA
& ERIE COMMUNICATIONS, INC dba CHAUTAUQUA & ERIE TELEPHONE
CORPORATION; CONSOLIDATED COMMUNICATIONS OF NEW YORK COMPANY dba
TACONIC TELEPHONE CORPORATION; WINDSTREAM NEW YORK, INC.; ONTARIO &
TRUMANSBURG TELEPHONE COMPANIES dba TRUMANSBURG TELEPHONE COMPANY,
INC.; DFT COMMUNICATIONS CORPORATION dba DUNKIRK AND FREDONIA
TELEPHONE COMPANY; and DOE DEFENDANTS 1-20, Case No. 160566/2024,
was removed from the Supreme Court of the State of New York, County
of New York, to the United States District Court for the Southern
District of New York on December 6, 2024.
The District Court Clerk assigned Case No. 1:24-cv-09330 to the
proceeding.
The Plaintiff seeks to recover on behalf of itself and also seeks
to represent a putative class that includes "all government units
in New York State with full legal authority that provide essential
services such as public health, law enforcement, and emergency care
to their residents," which allegedly "have been exposed to
significant health risks" as a result of "Defendants' actions and
inaction regarding abandoned lead-sheathed telecommunications
cables" in the State of New York.
Wappinger is a town in Dutchess County, New York.[BN]
The Defendants are represented by:
Devora W. Allon, Esq.
Christopher Fernandez, Esq.
KIRKLAND & ELLIS LLP
601 Lexington Avenue
New York, NY 10022
Telephone: (212) 446-4800
E-mail: devora.allon@kirkland.com
christopher.fernandez@kirkland.com
- and -
Hariklia Karis, Esq.
Robert B. Ellis, Esq.
Mark J. Nomellini, Esq.
KIRKLAND & ELLIS LLP
333 W. Wolf Point
Chicago, IL 60654
Telephone: (312) 862-2000
E-mail: hkaris@kirkland.com
rellis@kirkland.com
mnomellini@kirkland.com
- and -
Jon David Kelley, Esq.
KIRKLAND & ELLIS LLP
4550 Travis Street
Dallas, TX 75205
E-mail: jon.kelley@kirkland.com
- and -
Jennifer L. Del Medico, Esq.
JONES DAY
250 Vesey Street
New York, NY 10281
Telephone: (212) 326-3939
E-mail: jdelmedico@jonesday.com
- and -
Stacey H. Mitchell, Esq.
David H. Quigley, Esq.
AKIN GUMP STRAUSS HAUER & FELD LLP
2001 K Street, N.W.
Washington, DC 20006-1037
Telephone: (202) 887-4000
E-mail: shmitchell@akingump.com
dquigley@akingump.com
- and -
Richard S. Krumholz, Esq.
James V. Leito IV, Esq.
NORTON ROSE FULBRIGHT US LLP
2200 Ross Avenue, Suite 3600
Dallas, TX 75201-7932
Telephone: (214) 855-8000
E-mail: richard.krumholz@nortonrosefulbright.com
james.leito@nortonrosefulbright.com
- and -
Sean M. Topping, Esq.
NORTON ROSE FULBRIGHT US LLP
1301 Avenue of the Americas
New York, NY 10019
Telephone: (212) 318-3342
E-mail: sean.topping@nortonrosefulbright.com
WALSWORTH PUBLISHING: Fish Balks at Unprotected Personal Info
-------------------------------------------------------------
LYNN FISH, individually and on behalf of all others similarly
situated, Plaintiff v. WALSWORTH PUBLISHING COMPANY, INC,
Defendant, Case No. 2:24-cv-00100-JMB (E.D. Mo., December 6, 2024)
is a class action complaint against Defendant for its failure to
properly secure and safeguard the personally identifiable
information of Plaintiff and other similarly situated customers,
including their names, payment card number, expiration dates, and
security codes.
According to the sample notice of data breach filed Defendant with
the Vermont and California Attorneys General, Defendant discovery
on February 9, 2024, of "a potential data security incident
involving its website and purchasing page."
Though Defendant admits that payment information, including
security codes and expiration dates, were potentially affected, its
notification letter fails to illuminate when the malicious activity
took place and how long the hackers had access to Defendant's
website and purchasing page. Given that inclusion of this
information is standard practice, it is likely that Defendant
simply does not know. After the Data Breach, Defendant sent
notification letters to affected individuals in which it offered
them access to identity theft protection services, strongly
implying that Defendant understands the harm that Plaintiff and
Class Members must now face, says the suit.
The Defendant's failure to timely notify affected persons left them
blind, unknowing that they faced the significant risk of fraudulent
activity such that they could have protected themselves. In other
words, many Class Members have lost money and time from fraudulent
charges because of Defendant's failure to timely notify, the suit
further contends.
Walsworth Publishing Company, Inc. is a family-owned commercial
printer that offers end-to-end print and digital solutions.[BN]
The Plaintiff is represented by:
Colleen Garvey, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
Peabody Plaza
701 Market Street, Suite 1510
St. Louis, MO 63101
Telephone: (314) 390-6750
E-mail: gwells@stranchlaw.com
cgarvey@stranchlaw.com
- and -
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
E-mail: gstranch@stranchlaw.com
WELEDA INC: Murphy Sues Over Blind's Equal Access to Online Store
-----------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all others similarly
situated, Plaintiff v. WELEDA, INC., Defendant, Case No.
1:24-cv-09380 (S.D.N.Y., December 10, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, and the
New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.weleda.com/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: lack of alternative text, empty links that contain no
text, redundant links, and linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Weleda, Inc. is a company that sells online goods and services,
doing business in New York. [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
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
WEST SHORE: Sends Unwanted Telemarketing Messages, Merson Alleges
-----------------------------------------------------------------
REBECCA LYNN MERSON, on behalf of himself and all others similarly
situated, Plaintiff v. WEST SHORE HOME, LLC, Defendant, Case No.
6:24-cv-02242 (M.D. Fla., December 10, 2024) is a class action
against the Defendant for violations of the Telephone Consumer
Protection Act and the Florida Telephone Solicitation Act.
The case arises from the Defendant's practice of sending text
messages to the cellular telephone numbers of the Plaintiff and
similarly situated consumers in an attempt to promote its products
and services without prior express written consent. The Defendant's
telephonic sales calls caused the Plaintiff and the Class members
harm, including liquidated actual damages, inconvenience, invasion
of privacy, intrusion upon seclusion, aggravation, annoyance, and
violation of their statutory privacy rights.
West Shore Home, LLC is a home renovation & remodeling company
doing business in Florida. [BN]
The Plaintiff is represented by:
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
- and -
Michael Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Boulevard, Suite 120
Ft. Lauderdale, FL 33301
Telephone: (954) 533-4092
Email: MEisenband@Eisenbandlaw.com
WINE SOCIETE: Afanador Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Wine Societe, LLC, et
al. The case is styled as Berenice Lopez Afanador, individually and
on behalf of all others similarly situated v. Wine Societe, LLC,
Jade of Beverly Hills, Inc., Does 1-20, inclusive, Case No.
24SMCV06131 (Cal. Super. Ct., Los Angeles Cty., Dec. 16, 2024).
Wine Society offers one of the most extensive wine & spirit
selections at the best prices.[BN]
The Plaintiff is represented by:
Vache A. Thomassian, Esq.
KJT LAW GROUP LLP
230 N. Maryland Ave. Suite 306
Glendale, CA 91206
Phone: 818.507.8525
Email: vache@kjtlawgroup.com
WIRELESS VISION: Llanos Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against WIRELESS VISION
HOLDINGS, LLC. The case is styled as Amy Diana Llanos, on behalf of
herself and others similarly situated v. WIRELESS VISION HOLDINGS,
LLC, Case No. 24STCV33115 (Cal. Super. Ct., Los Angeles Cty., Dec.
16, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Wireless Vision, LLC -- https://wirelessvision.com/ -- currently
operates more than 450 T-Mobile-branded retail stores in 25
states.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
XEROX HOLDINGS: Bids for Lead Plaintiff Deadline Set January 21
---------------------------------------------------------------
WHY: Rosen Law Firm, a global investor rights law firm, reminds
purchasers of securities of Xerox Holdings Corporation (NASDAQ:
XRX) between January 25, 2024 and October 28, 2024, both dates
inclusive (the "Class Period"), of the important January 21, 2025
lead plaintiff deadline.
SO WHAT: If you purchased Xerox securities during the Class Period
you may be entitled to compensation without payment of any out of
pocket fees or costs through a contingency fee arrangement.
WHAT TO DO NEXT: To join the Xerox class action, go to
https://rosenlegal.com/submit-form/?case_id=31433 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action. A class action lawsuit has
already been filed. If you wish to serve as lead plaintiff, you
must move the Court no later than January 21, 2025. A lead
plaintiff is a representative party acting on behalf of other class
members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions, but are merely
middlemen that refer clients or partner with law firms that
actually litigate cases. Be wise in selecting counsel. The Rosen
Law Firm represents investors throughout the globe, concentrating
its practice in securities class actions and shareholder derivative
litigation. Rosen Law Firm achieved the largest ever securities
class action settlement against a Chinese Company at the time.
Rosen Law Firm was Ranked No. 1 by ISS Securities Class Action
Services for number of securities class action settlements in 2017.
The firm has been ranked in the top 4 each year since 2013 and has
recovered hundreds of millions of dollars for investors. In 2019
alone the firm secured over $438 million for investors. In 2020,
founding partner Laurence Rosen was named by law360 as a Titan of
Plaintiffs' Bar. Many of the firm's attorneys have been recognized
by Lawdragon and Super Lawyers.
DETAILS OF THE CASE: According to the lawsuit, during the Class
Period, defendants made false and/or misleading statements and/or
failed to disclose that: (1) after a large workforce reduction,
Xerox's salesforce was reorganized with new territory assignments
and account coverage; (2) as a result, Xerox's salesforce
productivity was disrupted; (3) as a result, Xerox had a lower rate
of sell-through of older products; (4) the difficulties in flushing
out older product would delay the launch of key products; (5) as a
result, Xerox was likely to experience lower sales and revenue; and
(6) as a result of the foregoing, defendants' positive statements
about Xerox's business, operations, and prospects were materially
misleading and/or lacked a reasonable basis. When the true details
entered the market, the lawsuit claims that investors suffered
damages.
To join the Xerox class action, go to
https://rosenlegal.com/submit-form/?case_id=31433 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
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