/raid1/www/Hosts/bankrupt/CAR_Public/241225.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, December 25, 2024, Vol. 26, No. 258
Headlines
ABM INDUSTRY: Linares Labor Suit Seeks to Certify Classes
ACCELLION INC: Brown suit Seeks to Certify Class & Subclasses
AG CONSULTING: Kovalev Seeks Initial OK of Settlement Deal
AMER SPORTS WINTER: Murphy Sues Over Blind-Inaccessible Website
AMERICAN HONDA: Plotts Suit Transferred to E.D. New York
APPLE INC: Turner Suit Seeks to Certify iPhone Purchaser Class
ARBY'S RESTAURANT: Nelson Suit Removed to E.D. New York
ASSET RECOVERY: Stevens Files FDCPA Suit in S.D. Florida
BAPTIST HEALTH: Ringo Suit Removed to E.D. Arkansas
BASSFORD REMELE: Dingmann Suit Transferred to D. Kansas
BEAZLEY USA: Brown Suit Removed to N.D. California
BOJANGLES' RESTAURANTS: Fails to Protect Clients' Info, Yon Claims
CERTEGY PAYMENT: Filing for Class Cert. Bid Extended in Stachewicz
CHARLES STARK: Steer Sues Over Breach of Fiduciary Duties
CHEMONICS INTERNATIONAL: Togba Sues Over Data Breach
CHUNGHWA PICTURE: Kushner Suit Transferred to N.D. California
CLIPPER REALTY: Fact Discovery Deadline Extended to Jan. 15, 2025
CONNECTICUT: Court Narrows Claims in Third Amended Complaint
CONNECTONCALL.COM LLC: Moorer Sues Over Failure to Safeguard PII
CROWDSTRIKE HOLDINGS: Faces Class Suit Over Falcon Sensor
CTAC HOLDINGS: Website Has Access Barriers to the Blind, Riley Says
DEL-ONE FEDERAL: Class Settlement in Miller Gets Initial Nod
DICK'S SPORTING GOODS: Faces Securities Suit Over SEC Disclosures
DUKE ENERGY: Khan Sues Over Failure to Secure and Safeguard PII
DUKE ENERGY: McCord Sues Over Failure to Safeguard Information
EACO CORP: Labor Class Suit Settlement for Court Approval
EMPIRE CABLE: Bawazir Files Suit in Cal. Super. Ct.
EMS LINQ LLC: Law Files Suit in W.D. Texas
GOOD EARTH: Faces Molina Suit Over Defect on Rechargeable Lights
GREAT PLAINS REGIONAL: Baldwin Files Suit in Okla. Dist. Ct.
GRID NORTH: Snow Sues Over Failure to Pay Overtime Wages
H.B. FULLER COMPANY: Rouse Suit Transferred to D. Minnesota
HAFELE AMERICA CO: Flores Files Suit in Cal. Super. Ct.
HALEON US INC: Sabath Suit Removed to E.D. New York
HEMPVANA LLC: Knowles Sues Over Blind-Inaccessible Website
HUNTINGTON CRESCENT: Underpays Golf Caddies, Robert Suit Claims
INTERNATIONAL DOULA: Fernandez-Kambick Files TCPA Suit in E.D. Cal.
J. NAZMIYAL INC: Agostini Sues Over Blind-Inaccessible Website
JP MORGAN: Abbas Sues Over RICO Statute Violation
KIRKLAND LAKE: Wins Bid for Summary Judgment in Securities Suit
LABOR SOURCE: Speight Suit Seeks to Certify Class Action
LAMB WESTON: Controls Frozen Potato Product Prices, Post Road Says
LINOBGHK LLC: Becerra Suit Transferred to S.D. New York
MARATHON PETROLEUM: Martinez Suit Removed to S.D. California
MISSION CEVICHE: Class Cert Discovery Extended to Jan. 27, 2025
MISSION GRADUATES: Rochette Files Suit in Cal. Super. Ct.
MONSANTO COMPANY: Jeckel Suit Transferred to N.D. California
MYSTIC VALLEY ELDER: Picardi Files Suit in D. Massachusetts
NATIONAL ASSOCIATION: Friedman Appeals Final OK of Gibson Suit Deal
NATIONAL ASSOCIATION: March Appeals Final OK of Gibson Suit Deal
NATIONAL ASSOCIATION: Mullis Appeals Final OK of Gibson Suit Deal
NATIONAL GENERAL: Class Cert Bid Hearing Set for March 27, 2025
NCAA: Bid to Certify Class Stricken in Robinson Suit
NCAA: Robinson Suit Seeks to Certify Student-Athletes Class
NEW YORK: Appeals Class Cert. Order in C. H. Suit to 2nd Circuit
NORTH BROWARD HOSPITAL: Johnson Sues Over Unpaid Overtime Wages
NOSTRANO LLC: Fernandez Sues Over Unpaid Compensations
OLDCASTLE INFRASTRUCTURE: Serrano Suit Removed to E.D. California
PARTS AUTHORITY: Casey Seeks Conditional Status of Delivery Drivers
PEACE OUT: Blind Users Can't Access Website, Murphy Suit Alleges
PEKIN INSURANCE: Cohen Suit Removed to D. Colorado
PERFUME WORLDWIDE: Knowles Sues Over Blind-Inaccessible Website
PHOTOBUCKET INC: Sells Customers' Photos to 3rd Party, Pierce Says
PILGRIM'S PRIDE: Green Seeks Initial Approval of Settlement
PILLOW CUBE: Adra Sues Over Unlawful and Deceptive Sale Promotion
POWER MACHINERY: Houston Files Suit in Cal. Super. Ct.
PREPPERVERSE INC: Chernyak Files TCPA Suit in D. Colorado
PRN AMBULANCE LLC: Romero Files Suit in Cal. Super. Ct.
PROTRANSPORT-1 LLC: Horsley Files Suit in Cal. Super. Ct.
ROSA MEXICANO: Sumlin Sues Over Website's Equal Access to the Blind
SELENE FINANCE: Seeks to Stay All Proceedings in Cruz Class Suit
SILVACO GROUP: Rosen Law Investigates Potential Securities Claims
SIMPSON MANUFACTURING: Kasdan Appeals Judgment and Sanctions Order
SPORTSMAN'S WAREHOUSE: Continues to Defend Kogut Class Suit in Del.
STITCH FIX: Continues to Defend Securities Class Suit in California
STRONGHOLD DIGITAL: Class Settlement in Winter Gets Initial Nod
SUMMIT PATHOLOGY: Jandegian Files Suit in D. Colorado
TORRID HOLDINGS: Continues to Defend Perez Class Suit in California
TRADE ON DEMAND: Palmer Seeks Unpaid Overtime for Security Guards
TWISTED TAIL: Website Inaccessible to the Blind, Gomberg Alleges
VANN-VIRGINIA CENTER: Walls Files FDCPA Suit in E.D. Virginia
VIA RENEWABLES: Clark Seeks to Certify Class Action
WENDY'S OF COLORADO: Cervantes Suit Removed to D. Colorado
*********
ABM INDUSTRY: Linares Labor Suit Seeks to Certify Classes
---------------------------------------------------------
In the class action lawsuit captioned as EFREN LINARES,
individually, and on behalf of all others similarly situated, and
on behalf of the State of California and aggrieved employees
pursuant to the Private Attorneys General Act, v. ABM INDUSTRY
GROUPS, LLC., FLOWERS BAKING CO. OF MODESTO, LLC., and DOES 1
through 50, inclusive; Case No. 1:22-cv-00816-TLN-CKD (E.D. Cal.),
the Plaintiff, on April 17, 2025, will move the Court for an order
granting class certification under Rule 23 of the Federal Rules of
Civil Procedure, as to the following classes:
-- Unpaid Overtime Class
"All non-exempt employees of Defendants within California at
any
time from March 2, 2018 to the date of trial who have worked
overtime and/or double-time hours during weeks in which they
were
compensated with shift differentials, for whom Defendants'
payroll
records show premium wages paid at a rate that did not factor
in
shift differential compensation."
-- Inaccurate Wage Statement Class (Labor Code § 226)
"All non-exempt employees of Defendants within California at
any
time from March 2, 2018 to the date of trial who have worked
overtime and/or double-time hours during weeks in which they
were
compensated with shift differentials, for whom Defendants'
payroll
records show premium wages paid at a rate that did not factor
in
shift differential compensation."
-- Waiting Time Penalties Class (Labor Code § 203)
"All non-exempt employees of Defendants within California at
any
time from March 2, 2018 to the date of trial who have worked
overtime and/or double-time hours during weeks in which they
were
compensated with shift differentials, for whom Defendants'
payroll
records show premium wages paid at a rate that did not factor
in
shift differential compensation."
This is a class action challenging Defendants ABM Industry Groups,
LLC and Flowers Baking Co. of Modesto, LLC's ("Defendants") blatant
failure to pay the class members herein proper overtime wages.
ABM provides facility services.
A copy of the Plaintiff's motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Lm8RGa at no extra
charge.[CC]
The Plaintiff is represented by:
Stan S. Mallison, Esq.
Hector R. Martinez, Esq.
Dan Keller, Esq.
MALLISON & MARTINEZ
1939 Harrison Street, Suite 730
Oakland, CA 94612
Telephone: (510) 832-9999
Facsimile: (510) 832-1101
E-mail: StanM@TheMMLawFirm.com
HectorM@TheMMLawFirm.com
Dkeller@TheMMLawFirm.com
ACCELLION INC: Brown suit Seeks to Certify Class & Subclasses
-------------------------------------------------------------
In the class action lawsuit captioned as Brown v. Accellion, Inc.,
Case No. 5:21-cv-01155-EJD (N.D. Cal.), the Plaintiffs will move
the Court, pursuant to Federal Rules of Civil Procedure 23(a) and
(b)(3) or, alternatively (c)(4), to certify the Class and
Subclasses specified below:
-- Negligence Class Or Negligence Subclasses
The Plaintiffs move the Court to certify their negligence claim
against the Defendant pursuant to Rule 23(a) and, 23(b)(3) or,
alternatively, 23(c)(4) on behalf of the following Class
("Negligence Class"):
"All natural persons whose PII and/or PHI was compromised as a
result of the Data Breach of the following Accellion customers
(i)
The Regents of the University of California, (ii) Centene,
(iii)
Flagstar, (iv) Washington State Auditor’s Office, and (v)
Kroger,
and who resided in California, Georgia, Illinois, Michigan,
Oklahoma, Tennessee, Texas, or Washington at the time of the
Data
Breach"
In the alternative, the Plaintiffs Rose Becker, Karlina Chavez,
Alvaro Galvis, Jamie McDole, Randy Moniz, and Robert Olson Jr.
(California), Valerie Whittaker (Michigan), Derek Dawes
(Oklahoma), and Heather Rodriguez and Kimberly Worrick
(Washington) move to certify their negligence claim against
Accellion pursuant to Rule 23(a) and 23(b)(3) (or 23(c)(4)) on
behalf of the following respective Subclasses ("Negligence
Subclasses"):
California Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of the Data Breach of the following Accellion customers
(i)
The Regents of the University of California, (ii) Centene, and
(iii) Flagstar and who resided in California at the time of the
Data Breach."
Michigan Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Michigan at the time of, the Data
Breach of Kroger's FTA."
Oklahoma Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Oklahoma at the time of, the Data
Breach of Kroger's FTA."
Washington Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Washington at the time of, the
Data
Breach of the Washington State Auditor's Office's FTA.
-- Washington Consumer Protection Act Subclass
The Plaintiffs Heather Rodriguez and Kimberly Worrick move the
Court to certify their claim against Accellion for violating
the
Washington Consumer Protection Act ("WCPA"), RCW 19.86.010 et
seq.
pursuant to Rule 23(a) and 23(b)(3) (or 23(c)(4)) on behalf of
the
following Washington Subclass ("WCPA Subclass"):
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Washington at the time of, the
Data
Breach of the Washington State Auditor's Office's FTA.
-- Exclusions From Class and Subclasses
Excluded from the Class and all Subclasses are Accellion, and
Accellion's officers, directors, and employees; any entity in
which Accellion has a controlling interest; and the affiliates,
legal representatives, attorneys, successors, heirs, and
assigns
of Accellion.
Also excluded from the Class and all Subclasses are members of
the
judiciary to whom this case is assigned, their families and
members of their staff.
The Plaintiffs also seek the:
-- Appointment of Girard Sharp LLP and Susman Godfrey L.L.P.,
current Interim Co-Lead Class Counsel, as Co-Lead Class
Counsel.
-- The Plaintiffs also seek appointment of the proposed class
representatives and Interim Co-Lead Class Counsel
Accellion is a software company that designed and developed
software called the file transfer application and began licensing
it to customers in the early 2000s.
A copy of the Plaintiffs' motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vJjeDk at no extra
charge.[CC]
The Plaintiffs are represented by:
Adam E. Polk, Esq.
Kyle P. Quackenbush, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: apolk@girardsharp.com
kquackenbush@girardsharp.com
- and -
Krysta K. Pachman, Esq.
Michael Gervais, Esq.
Steven G. Sklaver, Esq.
Madeline M. Yzurdiaga, Esq.
Kevin R. Downs, Esq.
SUSMAN GODFREY L.L.P.
1900 Avenue of the Stars, Suite 1400
Los Angeles, CA 90067-6029
Telephone: (310) 789-3100
E-mail: kpachman@susmangodfrey.com
mgervais@susmangodfrey.com
ssklaver@susmangodfrey.com
myzurdiaga@susmangodfrey.com
kdowns@susmangodfrey.com
AG CONSULTING: Kovalev Seeks Initial OK of Settlement Deal
----------------------------------------------------------
In the class action lawsuit captioned as IVAN KOVALEV and MINTIWAB
HILL, on Behalf of Themselves and All Others Similarly-Situated, v.
A.G. CONSULTING ENGINEERING, P.C., Case No. 1:22-cv-05954-MKV
(S.D.N.Y.), the Plaintiffs will move the Court to:
-- preliminarily approve the settlement agreement,
-- certify the settlement class, and
-- authorize class notice to other similarly situated
individuals,
and
-- appoint Edelson Lechtzin LLP and Capozzi Adler, P.C.as Class
Counsel.
A.G. Consulting is a provider of construction management,
consulting, and engineering services intended to assist the clients
with project designs.
A copy of the Plaintiffs' motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=efb1gm at no extra
charge.[CC]
The Plaintiffs are represented by:
Marc H. Edelson, Esq.
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: medelson@edelson-law.com
elechtzin@edelson-law.com
- and -
James A. Wells, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (717) 585-7823
E-mail: jayw@capozziadler.com
AMER SPORTS WINTER: Murphy Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
James Murphy, on behalf of himself and all other persons similarly
situated v. AMER SPORTS WINTER & OUTDOOR COMPANY, Case No.
1:24-cv-09563 (S.D.N.Y., Dec. 13, 2024), is brought against the
Defendants for its failure to design, construct, maintain, and
operate its website to be fully and equally accessible to and
independently usable by Plaintiff and other blind or visually
impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://www.salomon.com/en-us, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. The Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
AMER SPORTS WINTER & OUTDOOR COMPANY, operates the Salomon online
retail store, as well as the Salomon interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: dana@gottlieb.legal
michael@gottlieb.legal
jeffrey@gottlieb.legal
AMERICAN HONDA: Plotts Suit Transferred to E.D. New York
--------------------------------------------------------
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 Eastern
District of New York on Dec. 13, 2024.
The District Court Clerk assigned Case No. 2:24-cv-08610-PKC-AYS to
the proceeding.
The nature of suit is stated as Other Contract.
The American Honda Motor Company, Inc. -- https://www.honda.com/ --
is the North American subsidiary of the Honda Motor Company.[BN]
The Plaintiff is represented by:
Joshua Markovits, Esq.
Sergei Lemberg, Esq.
LEMBERG LAW LLC
43 Danbury Road
Wilton, CT 06887
Phone: (203) 653-2250
Fax: (203) 653-3424
Email: jmarkovits@lemberglaw.com
slemberg@lemberglaw.com
- and -
Stephen F. Taylor, Esq.
LEMBERG & ASSOCIATES LLC
1100 Summer Street
Stamford, CT 06905
Phone: (203) 653-2250
Fax: (203) 653-3424
Email: staylor@lemberglaw.com
The Defendant is represented by:
Livia M. Kiser, Esq.
Andrew E. Nieland, Esq.
KING & SPALDING
110 N Wacker Drive, Suite 3800
Chicago, IL 60606
Phone: (312) 764-6911
Email: lkiser@kslaw.com
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
APPLE INC: Turner Suit Seeks to Certify iPhone Purchaser Class
--------------------------------------------------------------
In the class action lawsuit captioned as ALASDAIR TURNER,
individually and on behalf of all others similarly situated, v.
APPLE INC., a California corporation, Case No. 5:20-cv-07495-EJD
(N.D. Cal.), the Plaintiff, on April 24, 2025, will move the Court
under Federal Rule of Civil Procedure 23(b)(2) and Rule 23(b)(3)
for an order certifying a proposed class defined as follows:
"All purchasers, owners, users, or lessees of any Apple iPhones
in
the United States who used a limited cellular data plan with
that
iPhone while any version of iOS 13 was installed."
Excluded from the class are Defendant; any affiliate, parent,
or
subsidiary of Defendant; any entity in which Defendant has a
controlling interest; any officer, director, or employee of
Defendant; any successor or assign of Defendant; anyone
employed
by counsel in this action; any judge to whom this case is
assigned, their spouse; and members of the judge's staff.
The Plaintiff further moves, under Rule 23(g), to appoint David
Berger and Amanda Karl of Gibbs Law Group LLP and Jason Dennett and
Kaleigh Boyd of Tousley Brain Stephens PLLC as Class Counsel.
Finally, Plaintiff asks the Court to direct notice to the class
under Rule 23(c)(2)(B), and order that:
(1) the parties shall meet and confer regarding the form and
manner
of that notice within 14 days of the Court’s certification
order, and
(2) Class Counsel shall submit a proposed notice plan within 30
days of the Court’s order.
Apple manufactures, sells, supports, and operates iPhones, all of
which run on Apple's proprietary operating system, iOS.
A copy of the Plaintiff's motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6GpdrN at no extra
charge.[CC]
The Plaintiff is represented by:
David M. Berger, Esq.
Amanda M. Karl, Esq.
Jane G. Farrell, Esq.
Jennifer Sun, Esq.
GIBBS LAW GROUP LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: dmb@classlawgroup.com
amk@classlawgroup.com
jgf@classlawgroup.com
jsun@classlawgroup.com
- and -
Kim D. Stephens, Esq.
Jason T. Dennett, Esq.
Kaleigh N. Boyd, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: kstephens@tousley.com
jdennett@tousley.com
kboyd@tousley.com
ARBY'S RESTAURANT: Nelson Suit Removed to E.D. New York
-------------------------------------------------------
The case captioned as Melissa Nelson, individually and on behalf of
all others similarly situated v. Arby's Restaurant Group, Inc.,
Case No. 716912/2024 was removed from the Supreme Court Queens
County, to the United States District Court for the Eastern
District of New York on Dec. 17, 2024.
The District Court Clerk assigned Case No. 1:24-cv-08616-KAM-JAM to
the proceeding.
The nature of suit is stated as Fraud or Truth-In-Lending.
Arby's -- https://www.arbys.com/ -- is an American fast food
sandwich restaurant chain with more than 3,300 restaurants.[BN]
The Plaintiffs are represented by:
Spencer I. Sheehan, Esq.
SHEEHAN & ASSOCIATES PC
60 Cuttermill Road Ste 412
Great Neck, NY 11021
Phone: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
The Defendant is represented by:
Rachel Finkel, Esq.
ALSTON & BIRD LLP
90 Park Avenue
New York, NY 10016
Phone: (212) 210-9400
Email: rachel.finkel@alston.com
ASSET RECOVERY: Stevens Files FDCPA Suit in S.D. Florida
--------------------------------------------------------
A class action lawsuit has been filed against Asset Recovery Bureau
LLC. The case is styled as Alphonse Stevens, on behalf of himself
and all others similarly situated v. Asset Recovery Bureau LLC,
Case No. 0:24-cv-62371-DSL (S.D. Fla., Dec. 17, 2024).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Asset Recovery Bureau LLC -- https://thearbllc.com/ -- has been a
provider of debt collection services in the accounts receivable
industry for 7+ years.[BN]
The Plaintiff is represented by:
Jonathan Mark Benjamin, Esq.
BENJAMIN LAW PRACTICE, PLLC
2645 Executive Park Drive, Suite 438
Weston, FL 33331
Phone: (954) 716-8362
Fax: (954) 477-8020
Email: jon@benjaminlawpractice.com
BAPTIST HEALTH: Ringo Suit Removed to E.D. Arkansas
---------------------------------------------------
The case styled as Chanta Ringo, individually and on behalf of all
others similarly situated v. BAPTIST HEALTH, Case No. 40CV-24-131
was removed from the Circuit Court of Lincoln County, Arkansas, to
the United States District Court for the Eastern District of
Arkansas on Dec. 13, 2024, and assigned Case No.
4:24-cv-01097-BSM.
The Plaintiff alleges that between April 22, 2024 and July 8, 2024,
Baptist Health was the victim of an "unauthorized third party"
attack where "personally identifiable information ('PII') and
personal health information ('PHI') (collectively, 'Private
Information')" "was "compromised" (the "Data Incident").[BN]
The Plaintiff is represented by:
Christopher D. Jennings, Esq.
JENNINGS PLLC
500 President Clinton Avenue, Suite 110
Little Rock, AR 72201
Phone: 501-255-8965
Email: chris@jenningspllc.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW, P.A.
One West Las Olas Boulevard, Suite 500
Ft. Lauderdale, FL 33301
Phone: (954) 332-4200
Email: ostrow@kolawyers.com
- and -
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: 866.252.0878
Email: gklinger@milberg.com
The Defendants are represented by:
Graham C. Talley, Esq.
Adam D. Franks, Esq.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD, PLLC
425 west capitol Avenue, suite 1900
Little Rock, AR 72201
Phone: (501) 688-8800
Fax: (501) 688-8807
Email: gtalley@mwlaw.com
afranks@mwlaw.com
- and -
Christopher A. Wiech, Esq.
BAKER & HOSTETLER LLP
1170 Peachtree St. NE
Atlanta, GA 30309
Email: cwiech@bakerlaw.com
- and -
Keeley O. Cronin, Esq.
BAKER & HOSTETLER LLP
1801 California Street, Suite 4400
Denver, CO 80202
Email: kcronin@bakerlaw.com
BASSFORD REMELE: Dingmann Suit Transferred to D. Kansas
-------------------------------------------------------
The case captioned as David G. Dingmann, and Randall D. Hebrink,
individually, and on behalf of all others similarly situated v.
Bassford Remele PA, Gustafson Gluek PLLC, Schwebel Goetz & Sieben
PA, Lockridge Grindal Nauen PLLP, Lewis A. Remele Jr., Daniel E.
Gustafson, and John Does 1-10, Case No. 0:24-cv-03675 was
transferred from the United States District Court for the District
of Minnesota, to the United States District Court for the District
of Kansas on Dec. 13, 2024.
The District Court Clerk assigned Case No. 2:24-cv-02576 to the
proceeding.
The nature of suit is stated as Other Statutes - Racketeer
Influenced and Corrupt Organizations.
Bassford Remele, P.A. -- https://www.bassford.com/ -- is a
full-service litigation firm providing trial and appellate
representation for regional, national, and international
clients.[BN]
The Defendant is represented by:
Michael M. Lafeber, Esq.
TAFT STETTINIUS & HOLLISTER LLP
2200 IDS Center
80 South Eighth Street
Minneapolis, MN 55402-2157
Phone: 612-977-8400
Email: mlafeber@taftlaw.com
- and -
Suzanne L. Jones, Esq.
David A. Schooler, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
80 S. 8th Street, Suite 3850
Minneapolis, MN 55402
Phone: (612) 216-3455
Email: sljones@grsm.com
dschooler@grsm.com
- and -
William L. Davidson, Esq.
LIND, JENSEN, SULLIVAN & PETERSON, P.A.
901 Marquette Avenue South, Suite 1900
Minneapolis, MN 55402
Phone: (612) 333-3637
Email: william.davidson@lindjensen.com
BEAZLEY USA: Brown Suit Removed to N.D. California
--------------------------------------------------
The case styled as Kiyana Brown, on behalf of herself, the other
aggrieved employees, and all others similarly situated v. BEAZLEY
USA SERVICES, INC.; ANDREW ORTIZ; JENNY HAN; and DOES 1-50,
inclusive, Case No. CGC-24-619614 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 Dec. 13, 2024, and assigned Case No.
3:24-cv-09035.
The Complaint alleges ten non-wage and hour claims brought under
California state law: Discrimination based on gender and disability
in violation of California's Fair Employment & Housing Act (the
"FEHA"); Failure to engage in a good faith interactive process in
violation of the FEHA; Failure to Accommodate a Disability in
violation of the FEHA; Retaliation in violation of Labor;
Retaliation in violation of the FEHA; Failure to Prevent
Discrimination and Retaliation in violation of the FEHA; Negligent
Hiring, Supervision, and/or Retention; Wrongful Termination; and
Intentional Infliction of Emotional Distress. In addition, the
Complaint alleges a tenth cause of action for violation of
California's Private Attorney General Act ("PAGA") and an eleventh
cause of action asserting a variety of class action claims for the
following wage and hour violations: failure to provide meal
periods; failure to provide rest periods; failure to pay employees
all wages for all hours worked; failure to provide accurate payroll
records; failure to pay all wages owed at separation; unreimbursed
business expenses; and Business and Professions Code, unfair
competition.[BN]
The Defendants are represented by:
Lee E. Sheldon, Esq.
Angela J. Rafoth, Esq.
Samlecia D. Gaye, Esq.
LITTLER MENDELSON, P.C.
101 Second Street, Suite 1000
San Francisco, CA 94105
Phone: 415.433.1940
Fax: 415.399.8490
Email: lsheldon@littler.com
arafoth@littler.com
sgaye@littler.com
BOJANGLES' RESTAURANTS: Fails to Protect Clients' Info, Yon Claims
------------------------------------------------------------------
LEONARDO YON, individually and on behalf of all others similarly
situated, Plaintiff v. BOJANGLES' RESTAURANTS, INC., Defendant,
Case No. 5:24-cv-00707-M (E.D.N.C., December 11, 2024) is a class
action against the Defendant for negligence and negligence per se,
breach of implied contract, breach of bailment, and invasion of
privacy/public disclosure of private facts.
The case arises from the Defendant's failure to properly secure and
safeguard the personally identifiable information (PII) of the
Plaintiff and similarly situated customers stored within its
information systems following a data breach between February 19,
2024, and March 12, 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.
Bojangles' Restaurants, Inc. is a fast food restaurant company
located in Raleigh, North Carolina. [BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
Telephone: (919) 600-5003
Facsimile: (919) 600-5035
Email: sharris@milberg.com
- and -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
CERTEGY PAYMENT: Filing for Class Cert. Bid Extended in Stachewicz
------------------------------------------------------------------
In the class action lawsuit captioned as Stachewicz v. Certegy
Payment Solutions, LLC, Case No. 1:23-cv-01258 (C.D. Ill., Filed
July 11, 2023), the Hon. Judge Jonathan E. Hawley entered an order
granting motion for extension of time to file:
-- The Motion for Class Certification,
-- Opposition to Motion for Class Certification,
-- Dispositive Motions,
-- Reply in Support of Motion for Class Certification,
-- Oppositions to Dispositive Motions, and
-- Replies in Support of Dispositive Motions deadlines.
The suit alleges violation of the Fair Credit Reporting Act.
Certegy collects check writing histories and provides check and ACH
verification services for retail merchants and gaming
establishments.[CC]
CHARLES STARK: Steer Sues Over Breach of Fiduciary Duties
---------------------------------------------------------
Barry Steer, PhD, on behalf of his retirement plan, himself, and
other similarly situated individuals v. THE CHARLES STARK DRAPER
LABORATORY, INC.; THE RETIREMENT PLAN OVERSIGHT GROUP; and JOHN and
JANE DOES 1-10, Case No. 1:24-cv-13105 (D. Mass., Dec. 17, 2024),
is brought under the Employee Retirement Income Security Act of
1974 ("ERISA") as a result of the Defendants' breach of fiduciary
duties.
The Defendants have breached their fiduciary duties to the Plans in
violation of the ERISA, to the detriment of the Plans, their
participants, and their beneficiaries. The Defendants have failed
to monitor the Plans' investments and fees prudently. They have
failed to ensure that the thousands of participants in the Plans
have had appropriate investment options--resulting in millions from
participants' accounts tied up in funds identified as imprudent in
past cases--and to ensure the fees they pay for plan services are
reasonable--during the class period, participants paid as much as
$98 for services materially identical to those for which
participants in similar plans paid half as much or less. Plaintiff
brings this action to remedy this unlawful conduct, recover losses
to the Plans and participants, and obtain other appropriate relief
as provided by ERISA, says the complaint.
The Plaintiff participated in the Retirement Plan, investing in the
options offered under the Plan.
Draper is a government contractor and research firm headquartered
in Middlesex County, Massachusetts.[BN]
The Plaintiff is represented by:
Stephen Churchill, Esq.
Osvaldo Vazquez, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Phone: (617) 607-3260
Fax: (617) 488-2261
Email: steve@fairworklaw.com
oz@fairworklaw.com
CHEMONICS INTERNATIONAL: Togba Sues Over Data Breach
----------------------------------------------------
Alpha Togba, individually and on behalf all others similarly
situated v. CHEMONICS INTERNATIONAL, INC., Case No. 1:24-cv-03510
(D.D.C., Dec. 17, 2024), is brought arising out of Chemonics'
failures to properly secure, safeguard, encrypt, and/or timely and
adequately destroy Plaintiff(s)' and Class Members' sensitive
personal identifiable information that it had acquired and stored
for its business purposes, resulting in a 2023 data breach ("Data
Breach") of documents and information stored on the computer
network of Chemonics, a company that specializes in international
development, including Plaintiff(s) and Class Members.
The Defendant's data security failures allowed a targeted
cyberattack in May 2023 to compromise Defendant's network (the
"Data Breach") that contained personally identifiable information
("PII" or "the Private Information") of Plaintiffs and other
individuals ("the Class").
Despite learning of the Data Breach on or about December 15, 2023
and determining that Private Information was involved in the breach
on May 30, 2023, Defendant did not begin sending notices of the
Data Breach (the "Notice of Data Breach Letter") until December 3,
2024, almost one year later.
On its computer network, Chemonics holds and stores certain highly
sensitive personally identifiable information ("PII" or "Private
Information") of the Plaintiff(s) and the putative Class Members,
who are applicants who sought employment from Chemonics or are
current or former employees of Chemonics, i.e., individuals who
provided their highly sensitive and private information in exchange
for employment.
As a result of Chemonics's Data Breach, Plaintiff(s) and thousands
of Class Members suffered ascertainable losses in the form of
financial losses resulting from identity theft, out-of-pocket
expenses, the loss of the benefit of their bargain, and the value
of their time reasonably incurred to remedy or mitigate the effects
of the attack, says the complaint.
The Plaintiff Togba is a former employee of Chemonics.
Chemonics is a global development firm that operates in over 100
countries.[BN]
The Plaintiff is represented by:
Danielle L. Perry, Esq.
Gary E. Mason, Esq.
Salena J. Chowdhury, Esq.
MASON LLP
5335 Wisconsin Avenue, NW, Suite 640
Washington, DC 20015
Phone: (202) 429-2290
Email: gmason@masonllp.com
dperry@masonllp.com
schowdhury@masonllp.com
CHUNGHWA PICTURE: Kushner Suit Transferred to N.D. California
-------------------------------------------------------------
The case captioned as Barry Kushner, Alan Rotman, on behalf of
themselves and all others similarly situated v. Chunghwa Picture
Tubes, Ltd., Tatung Company of America Inc., L.G. Electronics,
Inc., LG Philips Display USA Inc., Matsushita Electric Industrial
Co Ltd., Panasonic Corporation of North America, Koninklijke
Philips Electronics NV, Philips Electronics North America
Corporation, Samsung Electronics Co., Samsung Electronics America
Inc., Samsung SDI Co Ltd formerly known as: Samsung Display Device
Co., Toshiba Corporation, Toshia America Electronics Components,
Inc., Toshia America Information Systems, Inc., MT Picture Display
Company, MT Picture Display Corporation of America (New York), MT
Picture Display Corporation of America (Ohio), LP Displays, Case
No. 0:08-cv-00160 was transferred from the U.S. District Court for
the District of Minnesota, to the U.S. District Court for the
Northern District of California on Dec. 17, 2024.
The District Court Clerk assigned Case No. 3:24-cv-09118-VC to the
proceeding.
The nature of suit is stated as Anti-Trust.
Chungwha Picture Tubes, Ltd. (CPT) is one of Taiwan's, and the
world's, leading manufacturers of thin-film transistor liquid
crystal displays, or TFT-LCDs.[BN]
The Plaintiffs are represented by:
Jeffrey D. Bores, Esq.
CHESTNUT & CAMBRONNE
17 Washington Avenue North, Suite 300
Minneapolis, MN 55401
Phone: (612) 339-7300
Fax: (612) 336-2940
Email: jbores@chestnutcambronne.com
- and -
Karl L. Cambronne, Esq.
CHESTNUT & CAMBRONNE
3700 Piper Jaffray Tower
222 South Ninth Street
Minneapolis, MN 55402
Phone: (612) 339-7300
CLIPPER REALTY: Fact Discovery Deadline Extended to Jan. 15, 2025
-----------------------------------------------------------------
In the class action lawsuit captioned as Sanchez, v. Clipper
Realty, Inc. et al., Case No. 1:21-cv-08502-KPF (S.D.N.Y.), the
Hon. Judge Katherine Polk Failla entered an order granting motion
for extension of the fact discovery deadline to on or before Jan.
15, 2025.
-- The Court does not look favorably on the continued delays in
the
discovery schedule, and will not grant a further extension
absent
exigent circumstances.
-- The Court grants the Plaintiff's request for a second 30(b)(6)
deposition for the limited purpose of asking additional
questions
regarding the newly discovered corporate entities, to be
completed
by the new and final fact discovery deadline.
-- The Court orders the Defendants to provide a list that
identifies
the corporate entity associated with each of the buildings
subject
to class discovery, and to the extent that one exists, to
provide
a corporate chart to Plaintiff.
-- The Court will not order Defendants to create a corporate chart
solely for the purpose of discovery.
Clipper is a self-administered and self-managed real estate
company.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Pk9j1t at no extra
charge.[CC]
The Plaintiff is represented by:
C.K Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 WEst 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
CONNECTICUT: Court Narrows Claims in Third Amended Complaint
------------------------------------------------------------
In the class action lawsuit captioned as ISAIAH LINDSAY, LING XIN
WU, on behalf of themselves and all others similarly situated, v.
NANCY NAVARRETTA, in her official capacity as the Commissioner of
the Connecticut Department of Mental Health Services, et al., Case
No. 3:22-cv-01518-SVN (D. Conn.), the Hon. Judge Sarala Nagala
entered an order denying in part and granting in part Defendants'
motion to dismiss Plaintiffs' third amended complaint:
-- The motion is denied in part, with respect to Defendants'
subject
matter jurisdiction arguments and their challenges to
Plaintiffs'
integration mandate claim against all Defendants, reasonable
modifications claim against Defendants Navarretta and Crego,
and
methods of administration claim against Defendant Navarretta.
-- The Defendants' motion to dismiss is granted in part to the
extent
Plaintiffs bring a methods of administration claim against the
Defendant Crego and the PSRB Defendants.
-- The Plaintiffs' Second Motion for Class Certification is
granted.
-- The Court appoints as joint class counsel Connecticut Legal
Rights
Project and Disability Rights Connecticut.
-- The Defendants must file unredacted versions of their filings
by
Jan. 6, 2025.
The Plaintiffs Isaiah Lindsay and Ling Xin Wu, on behalf of
themselves and a putative class of similarly situated acquittees,
bring this putative class action for declaratory and injunctive
relief to enforce the civil rights of acquittees committed to the
jurisdiction of the PSRB and in the custody of WFH.
The Plaintiffs define the proposed class as consisting of:
"All acquittees who
(1) are, or will be in the future, committed to the jurisdiction
of
the PSRB,
(2) are assigned Full Level 4 privileges, and
(3) have been determined by their WFH treatment team to be ready
for temporary leave."
A copy of the Court's order dated Dec. 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=kDjNmV at no extra
charge.[CC]
CONNECTONCALL.COM LLC: Moorer Sues Over Failure to Safeguard PII
----------------------------------------------------------------
Selena Moorer, individually and on behalf of all others similarly
situated v. CONNECTONCALL.COM LLC, Case No. 2:24-cv-08574
(E.D.N.Y., Dec. 16, 2024), is brought against Defendant for its
failure to properly secure and safeguard Plaintiff's and at least
914,138 Class Members' personally identifiable information ("PII")
protected health information ("PHI"), including names and phone
numbers, and including health condition, treatments, and
prescription information (collectively, "Private Information").
Between February 16, 2024 and May 12, 2024, hackers targeted and
accessed Defendant's network systems and stole Plaintiff's and
Class Members' sensitive, confidential Private Information stored
therein, causing widespread injuries to Plaintiff and Class Members
(the "Data Breach").
The Plaintiff and Class Members are current and former patients of
Defendant's clients who, in order to obtain services from
Defendant's clients, were and are required to entrust Defendant
with their sensitive, non-public Private Information. Defendant
could not perform its operations or provide its services without
collecting Plaintiff's and Class Members' Private Information and
retains it for many years, at least, even after the customer
relationship has ended.
The Defendant breached these duties owed to Plaintiff and Class
Members by failing to safeguard their Private Information it
collected and maintained, including by failing to implement
industry standards for data security to protect against, detect,
and stop cyberattacks, which failures allowed criminal hackers to
access and steal approximately 914,138 consumers' Private
Information from Defendants care.
The Defendant failed to adequately protect Plaintiff's and Class
Members' Private Information––and failed to even encrypt or
redact this highly sensitive data. This unencrypted, unredacted
Private Information was compromised due to Defendant's negligent
and/or careless acts and omissions and its utter failure to protect
its customers' sensitive data, says the complaint.
The Plaintiff was a patient of Defendant's clients.
The Defendant is a digital on-call answering service for healthcare
providers.[BN]
The Plaintiff is represented by:
Steven P. Sukert, Esq.
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW, P.A.
1 West Las Olas Blvd., Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 332-4200
Email: sukert@kolawyers.com
ostrow@kolawyers.com
CROWDSTRIKE HOLDINGS: Faces Class Suit Over Falcon Sensor
---------------------------------------------------------
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 19,
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 in the design and testing of their
"Falcon" sensor and tortious interference between certain airline
customers and their airline. On November 6, 2024, this lawsuit was
consolidated with a previously filed lawsuit and interim class
counsel was appointed.
The complainants seek certification of a nationwide class (or
alternatively a class of Iowa citizens) who had a flight delayed or
canceled on a specified airline during a specific period of time
and are seeking unspecified monetary damages, 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.
CTAC HOLDINGS: Website Has Access Barriers to the Blind, Riley Says
-------------------------------------------------------------------
AMANIE RILEY, on behalf of himself and all others similarly
situated, Plaintiff v. CTAC HOLDINGS, LLC, Defendant, Case No.
1:24-cv-09431 (S.D.N.Y., December 11, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, and the New York City Human Rights Law
and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.li-lacchocolates.com, contains access barriers which
hinder the Plaintiff and Class members to enjoy the benefits of its
online goods, content, and services offered to the public through
the website. The accessibility issues on the website include, but
not limited to: inaccurate landmark structure, incorrectly
formatted lists, ambiguous link texts, changing of content without
advance warning, unclear labels for interactive elements,
inaccessible drop-down menus, the denial of keyboard access for
some interactive elements, and the requirement that transactions be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
CTAC Holdings, LLC is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
Email: acohen@ashercohenlaw.com
DEL-ONE FEDERAL: Class Settlement in Miller Gets Initial Nod
------------------------------------------------------------
In the class action lawsuit captioned as JOANNE MILLER,
individually and on behalf of all others similarly situated, v.
DEL-ONE FEDERAL CREDIT UNION, and DOES 1-10, Case No.
1:21-cv-01433-SB (D. Del.), the Hon. Judge Stephanos Bibas entered
an order granting preliminary approval of class action settlement:
-- The Court finds, on a preliminary basis, that the classes as
defined in the Settlement Agreement, meet all the requirements
for
certification of a settlement under Rule 23 of the Federal
Rules
of Civil Procedure, and applicable case law.
Accordingly, the Court provisionally certifies the following two
settlement subclasses, composed of the following class members:
Regulation E Fee Subclass
Those customers who have or had accounts with Defendant who
incurred Reg E Fees during the period beginning Oct. 7, 2020,
and ending on May 19, 2024.
DCFA Fee Subclass
Those customers who have or had accounts with Defendant who
incurred Reg E Fees during the period beginning Oct. 7, 2018,
and ending on May 19, 2024.
For purposes of both subclasses, the Settlement Agreement
defines a "Reg E Fee" as a "fee charged by Defendant on
signature Point of Sale Debit Card transactions, 'every day'
debit card transactions, and/or any ATM transactions when the
account had a positive balance at the time of the posting of
the
transaction."
The Court provisionally appoints Joanne Miller as Class
epresentative.
The Court appoints Simpluris as the Settlement Administrator as it
presented the lowest bid under the terms of the Settlement
Agreement.
The Court also provisionally finds that Michael J. Farnan of Farnan
LLP, and Richard D. McCune and Emily J. Kirk of the McCune Law
Group, APC, are qualified, experienced, and skilled attorneys
capable of adequately representing the Settlement Class, and they
are provisionally approved as Class Counsel.
Del-One is a member-owned, financial cooperative in Delaware.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RG4obd at no extra
charge.[CC]
DICK'S SPORTING GOODS: Faces Securities Suit Over SEC Disclosures
-----------------------------------------------------------------
Dick's Sporting Goods, Inc. disclosed in its Form 10-Q report for
the quarterly period ended November 2, 2024, filed with the
Securities and Exchange Commission on November 27, 2024, that on
February 16, 2024, Plumbers and Pipefitters Local Union No. 719
Pension Trust Fund filed a purported class action complaint against
the company and certain of its executive officers and directors in
the United States District Court for the Western District of
Pennsylvania (Case No. 2:24-cv-00196-NR-KT), purportedly on behalf
of all purchasers of its common shares between May 25, 2022 and
August 21, 2023.
The complaint alleges that the defendants violated Section 10(b)
and Section 20(a) of the Securities Exchange Act of 1934, and Rule
10b-5 promulgated thereunder, by making material misrepresentations
and omissions about its business and financial condition, including
the company's inventory, margins, and business prospects. The
complaint seeks relief including unspecified damages and an award
of costs and expenses, including attorneys' fees.
On March 14, 2024, the court entered an order providing that
defendants' time to answer or otherwise respond to the complaint
was deferred until the court ruled on any motion by a purported
class member to serve as lead plaintiff, and that the parties then
submit a proposed schedule for filing an amended and/or
consolidated complaint or designating the operative complaint and
the timing of defendants’ response to the same.
On April 22, 2024, three purported members of the putative class
moved the court for appointment as lead plaintiff pursuant to the
Private Securities Litigation Reform Act of 1995. One of these
motions was withdrawn on April 23, 2024.
On June 11, 2024, the two remaining lead plaintiff movants filed a
stipulation requesting that they both be appointed as lead
plaintiff and on July 30, 2024, the court entered an order granting
the stipulation and appointing the State of Rhode Island Office of
the General Treasurer, on behalf of the Employees’ Retirement
System of the State of Rhode Island, and Western Pennsylvania
Teamsters and Employers Pension Fund as lead plaintiffs.
On August 12, 2024, the court entered an order granting the
parties’ proposed scheduling stipulation, which provides that
lead plaintiffs shall file a consolidated complaint by October 15,
2024, and defendants shall move to dismiss, answer, or otherwise
respond to the consolidated complaint by December 16, 2024.
On October 15, 2024, the lead plaintiffs filed a consolidated
complaint against the same defendants alleging that the defendants
violated Section 10(b) and Section 20(a) of the Securities Exchange
Act of 1934, and Rule 10b-5 promulgated thereunder, by making
material misrepresentations and omissions about the company’s
business and financial condition, including regarding its
inventory, margins, and business prospects, as well as inventory
shrinkage related to retail theft. The consolidated complaint is
brought on behalf of a putative class of those who purchased or
otherwise acquired our common stock between August 23, 2022 and
August 21, 2023, and seeks relief including damages and costs,
including attorneys' fees.
DICK'S Sporting Goods, Inc. (together with its subsidiaries) is an
omni-channel sporting goods retailer of sports equipment, apparel,
footwear and accessories under the brands "Golf Galaxy," "Public
Lands," "Going Going Gone!," "DICK'S House of Sport, and
"GameChanger."
DUKE ENERGY: Khan Sues Over Failure to Secure and Safeguard PII
---------------------------------------------------------------
Arieana Khan, on behalf of himself and all others similarly
situated v. DUKE ENERGY CORPORATION, Case No. 3:24-cv-01083-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 customers 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 -
John Heenan, Esq.
HEENAN & COOK
1631 Zimmerman Trail
Billings, MT 59102
Phone: (406) 839-9091
Email: john@lawmontana.com
- and -
Raphael Graybill, Esq.
GRAYBILL LAW FIRM, PC
300 4th Street North
Great Falls, MT 59401
Phone: 406.452.8566
Email: raph@graybilllawfirm.com
DUKE ENERGY: McCord Sues Over Failure to Safeguard Information
--------------------------------------------------------------
John McCord, on behalf of himself and all others similarly situated
v. DUKE ENERGY CORPORATION, Case No. 3:24-cv-01084-KDB-SCR
(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. The 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 -
J. Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
gwells@stranchlaw.com
EACO CORP: Labor Class Suit Settlement for Court Approval
---------------------------------------------------------
EACO Corp. disclosed in its Form 10-K Report for the annual period
ending August 31, 2024 filed with the Securities and Exchange
Commission on November 29, 2024, that a labor class suit settlement
is subject to the approval of the Los Angeles County Superior
Court.
In January 2023, a class action lawsuit was filed with the Los
Angeles County Superior Court against Bisco, alleging wage and hour
violations and related claims. The class action covers a class of
former and current employees of Bisco who were employed between
January 13, 2019 and the present time.
In March 2023, Plaintiff filed a First Amended Complaint that added
claims under the California Private Attorneys General Act ("PAGA").
Both parties requested to stay the litigation pending mediation,
which mediation commenced in April 2024.
As a result of the mediation, the parties agreed in principle to
settle this matter for approximately $7.5 million.
The settlement agreement is subject to court approval. The Company
accrued $7.6 million in fiscal 2024 in anticipation of this
settlement and the related legal fees.
EACO Corporation is a holding company based in California.
EMPIRE CABLE: Bawazir Files Suit in Cal. Super. Ct.
---------------------------------------------------
A class action lawsuit has been filed against EMPIRE CABLE
COMMUNICATIONS, LLC, et al. The case is styled as Mashaal Bawazir,
an individual, on behalf of himself and all others similarly
situated v. EMPIRE CABLE COMMUNICATIONS, LLC, DOES 1 TO 50, Case
No. CGC24620718 (Cal. Super. Ct., San Francisco Cty., Dec. 17,
2024).
The case type is stated as "Other Non-Exempt Complaints."
EmpireCable -- https://empirecable.net/ -- provides quad
play-installation solutions throughout the US.[BN]
The Plaintiff is represented by:
Jonathan Melmed, Esq.
MELMED LAW GROUP P.C.
1801 Century Park E, Ste. 850
Los Angeles, CA 90067-2346
Phone: 310-824-3828
Fax: 310-862-6851
Email: jm@melmedlaw.com
EMS LINQ LLC: Law Files Suit in W.D. Texas
------------------------------------------
A class action lawsuit has been filed against EMS LINQ, LLC. The
case is styled as Connor Law, individually and on behalf of all
others similarly situated v. EMS LINQ, LLC, Case No.
1:24-cv-01533-RP (W.D. Tex., Dec. 13, 2024).
The nature of suit is state as Other P.I. for Breach of Contract.
Linq -- https://www.linq.com/ -- is an administrative software
service provider for K-12 schools.[BN]
The Plaintiff is represented by:
Jarrett L. Ellzey, Esq.
Leigh Skye Montgomery, Esq.
ELLZEY & ASSOCIATES PLLC
1105 Milford Street
Houston, TX 77006
Phone: (713) 554-2325
Email: jarrett@ellzeylaw.com
leigh@ellzeylaw.com
GOOD EARTH: Faces Molina Suit Over Defect on Rechargeable Lights
----------------------------------------------------------------
MARY MOLINA, individually and on behalf of all others similarly
situated, Plaintiff v. GOOD EARTH LIGHTING, INC., Defendant, Case
No. 1:24-cv-12746 (N.D. Ill., December 11, 2024) is a class action
against the Defendant for violations of California's Unfair
Competition Law, California's Consumer Legal Remedies Act,
California's False Advertising Law, Song-Beverly Consumer Warranty
Act, Illinois Consumer Fraud Act, and Magnuson-Moss Warranty Act,
breach of implied warranty, unjust enrichment, and fraud by
omission/intentional misrepresentation.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of rechargeable
lights. The products' batteries can catch on fire, which may lead
to injury or death, posing a burn or smoke inhalation hazard to
consumers. The Defendant issued a recall of the affected products
but refused to refund consumers, suit says. As a result of the
Defendant's deceptive practices, the Plaintiff and the Class
suffered economic losses, the suit says.
Good Earth Lighting, Inc. is a manufacturer of lighting products,
headquartered in Mount Prospect, Illinois. [BN]
The Plaintiff is represented by:
Joel D. Smith, Esq.
Aleksandr "Sasha" Litvinov, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Telephone: (617) 377-7404
Email: joel@skclassactions.com
sasha@skclassactions.com
- and -
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Street, Ste. 1500-1507
San Francisco, CA 94108
Telephone: (415) 839-7000
Email: yeremey@skclassactions.com
GREAT PLAINS REGIONAL: Baldwin Files Suit in Okla. Dist. Ct.
------------------------------------------------------------
A class action lawsuit has been filed against Great Plains Regional
Medical Center, et al. The case is styled as Madison Baldwin,
individually and on behalf of all others similarly situated v.
Farmers Union Hospital Association d/b/a Great Plains Regional
Medical Center, Case No. CJ-2024-00134 (Okla. Dist. Ct., Beckham
Cty., Dec. 13, 2024).
The case type is stated as "Civil Relief More Than $10,000:
Negligence General."
Great Plains Regional Medical Center -- https://gprmc-ok.com/ -- is
a medical center in Elk City, Oklahoma.[BN]
GRID NORTH: Snow Sues Over Failure to Pay Overtime Wages
--------------------------------------------------------
Ryan Snow, individually and behalf of all others similarly situated
v. GRID NORTH LOGISTICS LLC, Case No. 1:24-cv-01321 (W.D. Mich.,
Dec. 17, 2024), is brought under the Fair Labor Standards Act
("FLSA") as a result of the Defendant's failure to pay overtime
wages.
The Defendant failed to pay Plaintiff in accordance with the Fair
Labor Standards Act 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). The Defendant
misclassified Plaintiff as exempt from FLSA requirements and
treated Plaintiff as an independent contractor basis with no regard
to the number of hours Plaintiff actually worked. The Plaintiff
brings this action as a collective action pursuant to the FLSA,
says the complaint.
The Plaintiff was employed by Defendant during the three years
prior to the filing of this suit through May of 2023 and was
misclassified as an independent contractor.
Grid North Logistics LLC may be served with process through its
Registered Agent of Service.[BN]
The Plaintiff is represented by:
Matthew R. McCarley, Esq.
FORESTER HAYNIE PLLC
400 North Saint Paul Street, Suite 700,
Dallas, TX 75201
Phone: (214) 210-2100
Fax: (469) 399-1070
Email: mccarley@foresterhaynie.com
H.B. FULLER COMPANY: Rouse Suit Transferred to D. Minnesota
-----------------------------------------------------------
The case captioned as Lisa Rouse, Juston Rouse, Jenna Drouin,
Nicholas Drouin, Kendra Graybeal, Nichole Edwards, Lucas Edwards,
Robert Calamita, Gina Calamita, Nicole Robb, Dave Robb, Clay
Whitenack, Andrea Lee Hill Whitenack, Brian Andree, Alexandra
Andree, Kyle Witczak, Brittany Witczak, Kristina De Broux, Mary
Jane Gougar, Chris Lorbecki, individually and on behalf of all
others similarly situated v. H.B. Fuller Company, H.B. Fuller
Construction Products Inc., Case No. 1:24-mc-00060 was transferred
from the U.S. District Court for the Northern District of Ohio, to
the U.S. District Court for the District of Minnesota on Dec. 17,
2024.
The District Court Clerk assigned Case No. 0:24-mc-00061-TNL to the
proceeding.
HB Fuller -- https://www.hbfuller.com/en -- is a leading global
adhesives provider focusing on perfecting adhesives, sealants and
other specialty chemical produ.[BN]
HAFELE AMERICA CO: Flores Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Hafele America, Co.
The case is styled as Armando Flores, individually, and on behalf
of all others similarly situated v. Hafele America, Co., Case No.
24STCV33139 (Cal. Super. Ct., Los Angeles Cty., Dec. 16, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Hafele -- https://hafele.com/ -- is an international company
providing hardware and fitting systems and electronic access
control systems.[BN]
The Plaintiff is represented by:
Seung Lyun Yang, Esq.
THE SENTINEL FIRM, APC
355 S Grand Ave., Ste. 1450
Los Angeles, CA 90071-3152
Phone: 213-985-1150
Email: seung.yang@thesentinelfirm.com
HALEON US INC: Sabath Suit Removed to E.D. New York
---------------------------------------------------
The case styled as William Sabath, individually and on behalf of
others similarly situated v. HALEON US INC., Case No. 520891/2024
was removed from the Supreme Court of the State of New York for the
County of Kings, to the United States District Court for the
Eastern District of New York on Dec. 17, 2024, and assigned Case
No. 1:24-cv-08608.
Haleon manufactures and distributes the "Flavored Fizzy Drink Mix"
dietary supplement known as Emergen-C Daily Immune Support,
including the raspberry flavor Plaintiff William Sabath claims to
have purchased (the "Product"). Plaintiff agrees that the Product
contains natural fruit flavors, yet claims the Product is
mislabeled because it allegedly also contains artificial malic
acid. Plaintiff purports to represent a putative class consisting
of "all persons in New York who purchased the Product in New York
during the statutes of limitations for each cause of action
alleged." The Complaint asserts claims for violation of New York
General Business Law.[BN]
The Defendants are represented by:
Grant R. MacQueen, Esq.
MORGAN, LEWIS & BOCKIUS LLP
101 Park Avenue
New York, NY 10178
Phone: +1.212.309.6000
Fax: +1.212.309.6001
Email: grant.macqueen@morganlewis.com
HEMPVANA LLC: Knowles Sues Over Blind-Inaccessible Website
----------------------------------------------------------
Carlton Knowles, on behalf of herself and all other persons
similarly situated v. HEMPVANA, LLC, Case No. 1:24-cv-09671
(S.D.N.Y., Dec. 16, 2024), is brought against the Defendant for its
failure to design, construct, maintain, and operate its interactive
website to be fully accessible to and independently usable by
Plaintiff and other blind or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://hempvana.com, including all portions thereof or accessed
thereon (collectively, the "Website" or "Defendant's Website"), is
not equally accessible to blind and visually-impaired consumers, it
violates the ADA. Plaintiff seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that Defendant's Website will become and remain accessible to
blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
HEMPVANA, LLC, operates the Hempvana online retail store, as well
as the Hempvana interactive Website and advertises, markets, and
operates in the State of New York and throughout the United
States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
dana@gottlieb.legal
jeffrey@gottlieb.legal
HUNTINGTON CRESCENT: Underpays Golf Caddies, Robert Suit Claims
---------------------------------------------------------------
ALAIN ROBERT, individually and on behalf of all others similarly
situated, Plaintiff v. HUNTINGTON CRESCENT CLUB, Defendant, Case
No. 2:24-cv-08486 (E.D.N.Y., December 11, 2024) is a class action
against the Defendant for violations of the New York Labor Law, the
Fair Labor Standards Act, and New York's Whistleblower Law
including failure to pay minimum wages, failure to pay overtime
wages, failure to pay spread-of-hours wages, and retaliation.
Mr. Robert worked for Huntington Crescent Club as a golf caddy.
Huntington Crescent Club is a private golf club in Huntington, New
York. [BN]
The Plaintiff is represented by:
Douglas B. Lipsky, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170
Telephone: (212) 392-4772
Email: Doug@lipskylowe.com
INTERNATIONAL DOULA: Fernandez-Kambick Files TCPA Suit in E.D. Cal.
-------------------------------------------------------------------
A class action lawsuit has been filed against International Doula
Institute. The case is styled as Hope Fernandez-Kambick,
individually and on behalf of all others similarly situated v.
International Doula Institute, Case No. 1:24-cv-01523-KES-HBK (E.D.
Cal., Dec. 12, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
International Doula Institute --
https://internationaldoulainstitute.com/ -- trains professional
doulas providing emotional and physical support.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
J. NAZMIYAL INC: Agostini Sues Over Blind-Inaccessible Website
--------------------------------------------------------------
Lunique Agostini, on behalf of himself and all others similarly
situated v. J. Nazmiyal, Inc., Case No. 1:24-cv-09502 (E.D.N.Y.,
Dec. 12, 2024), is brought against the Defendant for their failure
to design, construct, maintain, and operate their website to be
fully accessible to and independently usable by Plaintiff and other
blind or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services Stadium
Enterprises provides to their non-disabled customers through
https://www.nazmiyalantiquerugs.com (hereinafter
"Nazmiyalantiquerugs.com" or "the website"). Defendant's denial of
full and equal access to its website, and therefore denial of its
services offered, and in conjunction with its physical locations,
is a violation of Plaintiff's rights under the Americans with
Disabilities Act (the "ADA").
Because Defendant's website, Nazmiyalantiquerugs.com, is not
equally accessible to blind and visually-impaired consumers, it
violates the ADA. Plaintiff seeks a permanent injunction to cause a
change in J. Nazmiyal's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
J. Nazmiyal provides to the public a website known as
Nazmiyalantiquerugs.com which provides consumers with access to an
array of goods and services, including, the ability to view a
variety of high-quality rugs, including antique, modern, and
vintage rugs, as well as professional cleaning, restoration,
appraisal, and customization services.[BN]
The Plaintiff is represented by:
Gabriel Levy, Esq.
GABRIEL A. LEVY, P.C.
1129 Northern Blvd., Suite 404
Manhasset, NY 11030
Phone: +1 347-941-4715
Email: glevy@glpcfirm.com
JP MORGAN: Abbas Sues Over RICO Statute Violation
-------------------------------------------------
Hasan Abbas, individually and on behalf of all others similarly
situated v. JPMORGAN CHASE & CO. and J.P. MORGAN SECURITIES LLC,
Case No. 7:24-cv-09516 (S.D.N.Y., Dec. 12, 2024), is brought to
recover damages arising out of Defendants' unlawful conduct related
to the JPMorgan Chase Deposit Account program ("Sweep Program"),
which transfers idle customer cash into interest-bearing "cash
sweep" accounts in violation several state and federal laws
including the Racketeer Influenced and Corrupt Organizations Act
("RICO Statute") and the Investment Advisers Act of 1940 ("Advisers
Act").
Under the Sweep Program, JPMS sweeps customers' idle cash deposits
into separate accounts that are highly lucrative for Defendants and
their affiliate banks but pay unreasonably low, below-market
interest rates to customers. As such, Defendants use the Sweep
Program to generate massive revenue for themselves at the expense
of their customers. The Defendants' use of the Sweep Program to
enrich themselves by paying unreasonably low interest rates
breaches their fiduciary duties and contractual obligations to
customers and violates several state and federal laws including the
RICO Statute and the Advisers Act, says the complaint.
The Plaintiff was a JPMS IRA account holder and a JPMS brokerage
account holder.
JPMorgan is a financial services company that conducts business
throughout the United States.[BN]
The Plaintiff is represented by:
Stephen R. Astley, Esq.
Andrew T. Rees, Esq.
Rene A. Gonzalez, Esq.
Scott I. Dion, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Phone: 561/750-3000
Email: sastley@rgrdlaw.com
arees@rgrdlaw.com
rgonzalez@rgrdlaw.com
sdion@rgrdlaw.com
KIRKLAND LAKE: Wins Bid for Summary Judgment in Securities Suit
---------------------------------------------------------------
In the class action lawsuit RE: KIRKLAND LAKE GOLD LTD. SECURITIES
LITIGATION, Case No. 1:20-cv-04953-JPO (S.D.N.Y.), the Hon. Judge
J. Paul Oetken entered an order that:
-- The Plaintiff's motion to exclude the testimony and report of
defense expert George Ireland is denied as moot.
-- The Defendants' motion for summary judgment is granted.
-- The Clerk of Court is directed to close the motion at Docket
Numbers 153 and 173, enter judgment of dismissal, and close
this
case.
The Court has determined that no rational trier of fact could find
a violation of Section 10(b) or Rule 10-b5. Because there is no
"primary violation" of the Exchange Act by Kirkland, Brahms's claim
fails the first element of a Section 20(a) analysis. Defendants'
motion is thus granted for Brahms's remaining Section 20(a) claim.
Brahms alleges that he lost $139 during the period between Jan. 8,
2019, and Nov. 25, 2019.
Kirkland was a gold mining and exploration company that, prior to
February 2022, owned and operated gold mines in Canada and
Australia.
A copy of the Court's order dated Dec. 13, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=JmU5aj at no extra
charge.[CC]
LABOR SOURCE: Speight Suit Seeks to Certify Class Action
--------------------------------------------------------
In the class action lawsuit captioned as BILLY SPEIGHT, JASON
HAGENS, SCOTTIE WILLIAMS, TANGELA FLANAGAN, Individually and on
behalf of all others similarly situated, v. LABOR SOURCE, LLC, Case
No. 4:21-cv-00112-FL (E.D.N.C.), the Plaintiffs ask the Court to
enter an order certifying their action as a class action.
The Plaintiffs move this court to determine that class treatment is
appropriate under Federal Rule of Civil Procedure 23 on the grounds
that:
(1) the class is so numerous that joinder of all members is
impracticable,
(2) there are questions of law and fact common to the class,
(3) the class representatives' claims are typical of the claims
of
the class, and
(4) the class representatives will fairly and adequately
protect
the interests of the class.
Furthermore, the Plaintiffs request that the Court Certify the
following Class:
"All current and former hourly, non-exempt employees, all
current
and former hourly, non-exempt employees, including but not
limited
to, Laborers, non-exempt Crew Leads, non-commercial drivers,
technicians, carpenters, apprentices, cleaning crew, plumbers,
welders, and other Laborers with similar job duties who were
transported by Defendant within the State of North Carolina any
time from Aug. 12, 2019 through the present."
In addition, the Plaintiffs request that the Court Certifies the
following Subclass:
"Any Class Member who was dispatched from North Carolina to
project sites outside of North Carolina."
In addition, the Plaintiffs request that the Court Certifies the
following Subclass:
"Any Class Member who performed work for Defendant on projects
located in the State of North Carolina during the Class
Period."
In addition, the Plaintiffs request that the Court Certifies the
following Subclass:
"Any Class Member who performed work for Defendant on projects
located in the State of North Carolina during the Class
Period."
Labor Source is a full service human resource company specializing
in temporary and career staffing with an emphasis.
A copy of the Plaintiff's motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Xdksc8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Carolyn H. Cottrell, Esq.
Ori Edelstein, Esq.
Ryan A Quadrel, Esq.
John J. Nestico, Esq.
SCHNEIDER WALLACE COTTRELL KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
E-mail: ccottrell@schneiderwallace.com
oedelstein@schneiderwallace.com
rquadrel@schneiderwallace.com
jnestico@schneiderwallace.com
The Defendant is represented by:
Justin M. Dean, Esq.
OGLETREE DEAKINS
4520 Main Street, Suite 400
Kansas City, MO 64111
Telephone: (816) 410-2244
Facsimile: (816) 471-1303
E-mail: justin.dean@ogletree.com
Damon Gray II, Esq.
JACKSON LEWIS PC
3737 Glenwood Avenue, Suite 450
Raleigh, NC 27612
Telephone: (919) 760-6460
Facsimile: (919) 760-6461
E-mail: damon.gray@jacksonlewis.com
LAMB WESTON: Controls Frozen Potato Product Prices, Post Road Says
------------------------------------------------------------------
POST ROAD MARKET INC.; GIGI'S PIZZA, INC.; TOURISTS WELCOME, LLC;
CHESTNUT LANE, LLC D/B/A CHESTNUT FINE FOODS; CORBO'S DELI
SOUTHSIDE LLC; CORBO'S CORNER DELI WEST, LLC; and ARK RESTAURANTS
CORP., on behalf of themselves and all others similarly situated,
Plaintiffs v. LAMB WESTON HOLDINGS, INC.; LAMB WESTON, INC.; LAMB
WESTON BSW, LLC; LAMB WESTON/MIDWEST, INC.; LAMB WESTON SALES,
INC.; MCCAIN FOODS LIMITED; MCCAIN FOODS USA, INC.; J.R. SIMPLOT
CO.; CAVENDISH FARMS LTD; and CAVENDISH FARMS, INC., Defendants,
Case No. 1:24-cv-12749 (N.D. Ill., December 11, 2024) is a class
action against the Defendants for violations of Section 1 of the
Sherman Act, state antitrust laws, state consumer protection laws,
and common law.
The case arises from the Defendants' alleged conspiracy to raise,
fix, stabilize or maintain prices on frozen potato products above
competitive levels. The Defendants synchronized their price
increases multiple times per year since at least early-2021. As a
result of the Defendants' combination and conspiracy, frozen potato
product prices in the United Stats have been artificially inflated
through the Class Period, from January 1, 2021, to the present,
causing the Plaintiff and other commercial, industrial, and
institutional indirect purchasers to suffer damages, the suit
asserts.
Post Road Market Inc. is a restaurant, delicatessen and grocery
store with its primary place of business in Rye, New York.
Gigi's Pizza, Inc. is a restaurant company with its principal place
of business in Portsmouth, New Hampshire.
Tourists Welcome, LLC is a hotel company with restaurant and lounge
facilities located in North Adams, Massachusetts.
Chestnut Lane, LLC, doing business as Chestnut Fine Foods, is a
restaurant company with its primary place of business in Phoenix,
Arizona.
Corbo's Deli Southside LLC is a delicatessen/restaurant company
with its primary place of business in Connecticut.
Corbo's Corner Deli West, LLC is a delicatessen/restaurant company
with its primary place of business in Connecticut.
Ark Restaurants Corp. is a restaurant owner and operator doing
business in New York.
Lamb Weston Holdings, Inc. is a producer, distributor, and marketer
of frozen potato products, headquartered in Eagle, Idaho.
Lamb Weston, Inc. is a subsidiary of Lamb Weston Holdings, Inc.
Lamb Weston BSW, LLC is a subsidiary of Lamb Weston Holdings, Inc.
Lamb Weston/Midwest, Inc. is a subsidiary of Lamb Weston Holdings,
Inc.
Lamb Weston Sales, Inc. is a subsidiary of Lamb Weston Holdings,
Inc.
McCain Foods Limited is a producer of frozen potato products, with
its corporate headquarters in Toronto, Canada.
McCain Foods USA, Inc. is a subsidiary of McCain Foods Limited
based in Oakbrook Terrace, Illinois.
J.R. Simplot Co. is a producer of frozen potato products, with its
headquarters in Boise, Idaho.
Cavendish Farms Ltd. is a producer of frozen potato products, with
its headquarters in Dieppe, New Brunswick, Canada.
Cavendish Farms, Inc. is a subsidiary of Cavendish Farms Ltd., with
its principal place of business in North Dakota. [BN]
The Plaintiffs are represented by:
Carl V. Malmstrom, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLC
111 W. Jackson Blvd., Suite 1700
Chicago, IL 60604
Telephone: (312) 984-0000
Email: malmstrom@whafh.com
- and -
Thomas H. Burt, Esq.
Kate McGuire, Esq.
WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP
270 Madison Avenue
New York, NY 10016
Telephone: (212) 545-4600
Email: burt@whafh.com
mcguire@whafh.com
- and -
Michelle S. Carino, Esq.
GREENWICH LEGAL ASSOCIATES, LLC
881 Lake Avenue
Greenwich, CT 06831
Telephone: (203) 622.6001
Email: mcarino@grwlegal.com
LINOBGHK LLC: Becerra Suit Transferred to S.D. New York
-------------------------------------------------------
The case captioned as Roberto Becerra, Miguel Vivar, and others
similarly situated v. Linobghk, LLC doing business as: The Healthy
Kitchen, Mark Smith, Case No. 1:24-cv-02752 was transferred from
the United States District Court for the Eastern District of New
York, to the United States District Court for the Southern District
of New York on Dec. 17, 2024.
The District Court Clerk assigned Case No. 1:24-cv-09724-VSB to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act for Denial of Overtime Compensation.
Linobghk, LLC doing business as The Healthy Kitchen --
https://thishealthykitchen.com/ -- offers plant based recipes with
gluten free and oil free options.[BN]
The Plaintiffs are represented by:
Michael Samuel, Esq.
MICHAEL SAMUEL
1441 Broadway, Suite 6085
New York, NY 10018
Phone: (212) 563-9884
Fax: (212) 563-9870
Email: michael@thesamuellawfirm.com
The Defendants are represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Phone: (212) 792-0048
Fax: (646) 786-3170
Email: mkanny@goodwinlaw.com
Joshua@levinepstein.com
MARATHON PETROLEUM: Martinez Suit Removed to S.D. California
------------------------------------------------------------
The case styled as Charlie Martinez, individually and on behalf of
all similarly situated current and former employees v. MARATHON
PETROLEUM COMPANY LP MARATHON PETROLEUM LOGISTICS SERVICES LLC, and
DOES 1 through 50, inclusive, Case No. 24CU022415C 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. 13, 2024, and assigned Case No.
3:24-cv-02329-JES-DDL.
In his complaint, Plaintiff alleges nine causes of action against
Marathon: failure to pay the minimum wage; failure to pay all
overtime wages; meal period violations; rest period violations;
failure to pay all paid sick leave wages; untimely payment of
wages; failure to furnish accurate itemized wage statements;
failure to reimburse business expenses; and violations of the
California Unfair Competition Law.[BN]
The Defendants are represented by:
Jesse A. Cripps, Esq.
Bradley J. Hamburger, Esq.
Tiffany Phanm Esq.
GIBSON, DUNN & CRUTCHER LLP
333 South Grand Avenue
Los Angeles, CA 90071
Phone: 213.229.7000
Facsimile: 213.229.7520
Email: JCripps@gibsondunn.com
BHamburzer@gibsondunn.com
TPhan@gibsondunn.com
MISSION CEVICHE: Class Cert Discovery Extended to Jan. 27, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Flores v. Mission Ceviche,
LLC et al., Case No. 1:24-cv-03626-AS (S.D.N.Y.), the Defendants
ask the Court to enter an order granting an extension of time to
Jan. 27, 2025 for the parties to complete discovery, including
depositions.
This is Defendants' second request for an extension of time for the
parties to complete discovery. That prior request was denied by the
Court, in its Order of Nov. 12, 2024.
The purpose of the requested extension is not mediation or
settlement but rather so that the parties can complete their
outstanding discovery, including depositions.
In addition, given Plaintiff's very recent filing (on December 11,
2024) of her motion to certify a class in this case, Defendants
also respectfully request an extension of time to respond to that
motion.
That filing was made before even the deadline to complete discovery
had passed (even if all discovery had been completed, which it has
not) and while Plaintiff's counsel and our office were discussing
supplementing certain employee contact information pursuant to
Plaintiff's motion for conditional certification of a class (which
supplementing is, again, forthcoming).
Thus, under these circumstances and given that the time for
Defendants’ response to Plaintiff's pending motion would fall
squarely within the upcoming holidays, specifically Christmas Day,
Defendants respectfully request an extension of time of just two
weeks to January 8, 2025, to respond to Plaintiff's motion.
Mission Ceviche is a Peruvian restaurant.
A copy of the Defendants' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CKsris at no extra
charge.[CC]
The Defendants are represented by:
David J. Grech, Esq.
GORDON REES SCULLY MANSUKHANI, LLP
1 Battery Park Plaza, 28th Floor
New York, NY 10004
E-mail: dgrech@grsm.com
MISSION GRADUATES: Rochette Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Mission Graduates, et
al. The case is styled as Kailey Rochette, an individual and on
behalf of all others similarly situated v. Cardinal Logistics
Management Corporation, Ryan Odell, an individual, Case No.
STK-CV-UOE-2024-0016890 (Cal. Super. Ct., San Joaquin Cty., Dec.
12, 2024).
The case type is stated as "Other Employment Complaint Case."
Mission Graduates -- https://www.missiongraduates.org/ -- is a
nonprofit organization that increases the number of K-12 students
in San Francisco's Mission District who are prepared for and
complete a college education.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Email: david@tomorrowlaw.com
MONSANTO COMPANY: Jeckel Suit Transferred to N.D. California
------------------------------------------------------------
The case captioned as Robert Jeckel, individually, and others
similarly situated v. Monsanto Company, Case No. 3:24-cv-03284 was
transferred from the U.S. District Court for the Central District
of Illinois, to the U.S. District Court for the Northern District
of California on Dec. 17, 2024.
The District Court Clerk assigned Case No. 3:24-cv-09117-VC to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability for
Product Liability.
The Monsanto Company -- https://www.monsanto.com/ -- was an
American agrochemical and agricultural biotechnology corporation
founded in 1901 and headquartered in Creve Coeur, Missouri.[BN]
The Plaintiff is represented by:
Peter John Flowers, Esq.
MEYERS & FLOWERS LLC
3 North Second Street, Suite 300
St. Charles, IL 60174
Phone: (630) 232-6333
Fax: (630) 845-8982
Email: pjf@meyers-flowers.com
- and -
John H. Gomez, Esq.
GOMEZ TRIAL ATTORNEYS
755 Front Street
San Diego, CA 92101
Phone: (619) 237-3490
Fax: (619) 237-3496
Phone: john@getgomez.com
- and -
Joshua R. Harris, Esq.
GOMEZ TRIAL ATTORNEYS
755 Front Street
Diego, CA 92101
Phone: (619) 237-3490
MYSTIC VALLEY ELDER: Picardi Files Suit in D. Massachusetts
-----------------------------------------------------------
A class action lawsuit has been filed against Mystic Valley Elder
Services, Inc. The case is styled as Karen Picardi, individually
and on behalf of all others similarly situated v. Mystic Valley
Elder Services, Inc., Case No. 1:24-cv-13062-BEM (D. Mass., Dec.
11, 2024).
The nature of suit is stated as Other Fraud.
Mystic Valley Elder Services -- https://www.mves.org/ -- is a
non-profit agency which partners with elders, adults living with
disabilities, and caregivers.[BN]
The Plaintiff is represented by:
Gary Suzutaro Ishimoto, Esq.
LEVI & KORSINSKY LLP
33 Whitehall Street, 17th Floor
New York, NY 10004
Phone: (212) 363-7500
Fax: (212) 363-7171
Email: gishimoto@zlk.com
NATIONAL ASSOCIATION: Friedman Appeals Final OK of Gibson Suit Deal
-------------------------------------------------------------------
ROBERT FRIEDMAN, objector, is taking an appeal from a court order
granting the Plaintiffs' motion for final approval of settlements
in the lawsuit entitled Don Gibson, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. National
Association of Realtors, et al., Defendants, Case No.
4:23-cv-00788-SRB, in the U.S. District Court for the Western
District of Missouri.
As previously reported in the Class Action Reporter, the Plaintiffs
brought this class action against the Defendants for their alleged
engagement in a continuing contract, combination, or conspiracy to
unreasonably restrain interstate trade and commerce in violation of
Section 1 of the Sherman Act.
On Oct. 24, 2024, the Plaintiffs filed a motion and suggestions in
support of final approval of settlements with the Defendants, which
Judge Stephen R. Bough granted on Nov. 4, 2024. Furthermore, Class
Counsel's application for an award of attorneys' fees and
reimbursement of costs as set forth in the motion for attorneys'
fees, costs, expenses, and service awards is hereby granted and
shall be paid in accordance with the settlement agreements.
The appellate case is captioned Don Gibson, et al. v. Robert
Friedman, et al., Case No. 24-3481, in the United States Court of
Appeals for the Eighth Circuit, filed on December 6, 2024.
The briefing schedule in the Appellate Case states that:
-- Transcript is due on or before January 15, 2025;
-- Appendix is due on January 27, 2025;
-- Appellant's brief is due on January 27, 2025; and
-- Appellee's brief is due 30 days from the date the court
issues the Notice of Docket Activity filing the brief of appellant.
[BN]
Plaintiffs-Appellees DON GIBSON, et al., individually and on behalf
of all others similarly situated, are represented by:
Alexander Aiken, Esq.
SUSMAN & GODFREY
401 Union Street, Suite 3000
Seattle, WA 98101
Telephone: (206) 516-3880
- and -
Steve Berman, Esq.
HAGENS & BERMAN
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
- and -
Brandon J.B. Boulware, Esq.
Jeremy Suhr, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 956A
Kansas City, MO 64102
Telephone: (816) 492-2826
- and -
Robert Abraham Braun, Esq.
COHEN & MILSTEIN
West Tower, Suite 800
1100 New York Avenue, N.W.
Washington, DC 20005
Telephone: (202) 408-4600
- and -
Eric L. Dirks, Esq.
Michael Anthony Williams, Esq.
WILLIANS & DIRKS
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 876-2600
(816) 945-7135
- and -
Beatrice C. Franklin, Esq.
SUSMAN & GODFREY
One Manhattan, W., Floor 50
New York, NY 10001
Telephone: (212) 336-8330
- and -
Michael S. Ketchmark, Esq.
Scott A. McCreight, Esq.
KETCHMARK & MCCREIGHT
11161 Overbrook Road, Suite 210
Leawood, KS 66211
Telephone: (913) 266-4500
Defendants-Appellees NATIONAL ASSOCIATION OF REALTORS, et al. are
represented by:
Eric Fanchiang, Esq.
Daniel Sasse, Esq.
Chahira Solh, Esq.
CROWELL & MORING
3 Park Plaza, 20th Floor
Irvine, CA 92614
Telephone: (949) 798-1338
(949) 263-8400
- and -
MaryAnn T. Almeida, Esq.
Robert J. Maguire, Esq.
Emily Parsons, Esq.
DAVIS & WRIGHT
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: (206) 757-8187
(206) 757-8094
(206) 622-3150
- and -
Bryon Patrick Becker, Esq.
Karen L. Dunn, Esq.
Martha Goodman, Esq.
William A. Isaacson, Esq.
PAUL & WEISS
2001 K. Street, N.W.
Washington, DC 20006
Telephone: (202) 223-7300
- and -
Brian J. Madden, Esq.
WAGSTAFF & CARTMELL
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1132
- and -
Eyitayo St. Matthew-Daniel, Esq.
PAUL & WEISS
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
- and -
Gerald A. Stein, Esq.
DAVIS & WRIGHT
1251 Avenue of the Americas, 21st Floor
New York, NY 10020
Telephone: (212) 402-4095
Objector-Appellant ROBERT FRIEDMAN is represented by:
Steven J. Buttacavoli, Esq.
BERMAN & TABACCO
One Liberty Square, Eighth Floor
Boston, MA 01209
Telephone: (617) 542-8300
- and -
Daniel Z. Goldman, Esq.
BIENERT & KATZMAN
903 Calle Amanecer, Suite 350
San Clemente, CA 92673
Telephone: (973) 476-5485
- and -
Todd A. Seaver, Esq.
BERMAN & TABACCO
425 California Street, Suite 2300
San Francisco, CA 94104
Telephone: (415) 433-3200
NATIONAL ASSOCIATION: March Appeals Final OK of Gibson Suit Deal
----------------------------------------------------------------
MONTY MARCH, objector, is taking an appeal from a court order
granting the Plaintiffs' motion for final approval of settlements
in the lawsuit entitled Don Gibson, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. National
Association of Realtors, et al., Defendants, Case No.
4:23-cv-00788-SRB, in the U.S. District Court for the Western
District of Missouri.
As previously reported in the Class Action Reporter, the Plaintiffs
brought this class action against the Defendants for their alleged
engagement in a continuing contract, combination, or conspiracy to
unreasonably restrain interstate trade and commerce in violation of
Section 1 of the Sherman Act.
On Oct. 24, 2024, the Plaintiffs filed a motion and suggestions in
support of final approval of settlements with the Defendants, which
Judge Stephen R. Bough granted on Nov. 4, 2024. Furthermore, Class
Counsel's application for an award of attorneys' fees and
reimbursement of costs as set forth in the motion for attorneys'
fees, costs, expenses, and service awards is hereby granted and
shall be paid in accordance with the settlement agreements.
The appellate case is captioned Don Gibson, et al. v. Monty March,
Case No. 24-3478, in the United States Court of Appeals for the
Eighth Circuit, filed on December 6, 2024.
The briefing schedule in the Appellate Case states that:
-- Transcript is due on or before January 15, 2025;
-- Appendix is due on January 27, 2025;
-- Appellant's brief is due on January 27, 2025; and
-- Appellee's brief is due 30 days from the date the court
issues the Notice of Docket Activity filing the brief of appellant.
[BN]
Plaintiffs-Appellees DON GIBSON, et al., individually and on behalf
of all others similarly situated, are represented by:
Alexander Aiken, Esq.
SUSMAN & GODFREY
401 Union Street, Suite 3000
Seattle, WA 98101
Telephone: (206) 516-3880
- and -
Steve Berman, Esq.
HAGENS & BERMAN
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
- and -
Brandon J.B. Boulware, Esq.
Jeremy Suhr, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 956A
Kansas City, MO 64102
Telephone: (816) 492-2826
- and -
Robert Abraham Braun, Esq.
COHEN & MILSTEIN
West Tower, Suite 800
1100 New York Avenue, N.W.
Washington, DC 20005
Telephone: (202) 408-4600
- and -
Eric L. Dirks, Esq.
Michael Anthony Williams, Esq.
WILLIANS & DIRKS
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 876-2600
(816) 945-7135
- and -
Beatrice C. Franklin, Esq.
SUSMAN & GODFREY
One Manhattan, W., Floor 50
New York, NY 10001
Telephone: (212) 336-8330
- and -
Michael S. Ketchmark, Esq.
Scott A. McCreight, Esq.
KETCHMARK & MCCREIGHT
11161 Overbrook Road, Suite 210
Leawood, KS 66211
Telephone: (913) 266-4500
Defendants-Appellees NATIONAL ASSOCIATION OF REALTORS, et al. are
represented by:
Eric Fanchiang, Esq.
Daniel Sasse, Esq.
Chahira Solh, Esq.
CROWELL & MORING
3 Park Plaza, 20th Floor
Irvine, CA 92614
Telephone: (949) 798-1338
(949) 263-8400
- and -
MaryAnn T. Almeida, Esq.
Robert J. Maguire, Esq.
Emily Parsons, Esq.
DAVIS & WRIGHT
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: (206) 757-8187
(206) 757-8094
(206) 622-3150
- and -
Bryon Patrick Becker, Esq.
Karen L. Dunn, Esq.
Martha Goodman, Esq.
William A. Isaacson, Esq.
PAUL & WEISS
2001 K. Street, N.W.
Washington, DC 20006
Telephone: (202) 223-7300
- and -
Brian J. Madden, Esq.
WAGSTAFF & CARTMELL
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1132
- and -
Eyitayo St. Matthew-Daniel, Esq.
PAUL & WEISS
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
- and -
Gerald A. Stein, Esq.
DAVIS & WRIGHT
1251 Avenue of the Americas, 21st Floor
New York, NY 10020
Telephone: (212) 402-4095
Objector-Appellant MONTY MARCH is represented by:
Bert Stephen Braud, Esq.
POPHAM LAW FIRM
712 Broadway, Suite 100
Kansas City, MO 64105
Telephone: (816) 221-2288
- and -
Michael Morris Buchman, Esq.
MOTLEY & RICE
800 Third Avenue, Suite 2401
New York, NY 10022
Telephone: (212) 577-0050
- and -
Matthew Van Tine, Esq.
MILLER LAW LLC
53 W. Jackson Boulevard, Suite 1320
Chicago, IL 60604
Telephone: (312) 332-3400
NATIONAL ASSOCIATION: Mullis Appeals Final OK of Gibson Suit Deal
-----------------------------------------------------------------
JAMES MULLIS, objector, is taking an appeal from a court order
granting the Plaintiffs' motion for final approval of settlements
in the lawsuit entitled Don Gibson, et al., individually and on
behalf of all others similarly situated, Plaintiffs, v. National
Association of Realtors, et al., Defendants, Case No.
4:23-cv-00788-SRB, in the U.S. District Court for the Western
District of Missouri.
As previously reported in the Class Action Reporter, the Plaintiffs
brought this class action against the Defendants for their alleged
engagement in a continuing contract, combination, or conspiracy to
unreasonably restrain interstate trade and commerce in violation of
Section 1 of the Sherman Act.
On Oct. 24, 2024, the Plaintiffs filed a motion and suggestions in
support of final approval of settlements with the Defendants, which
Judge Stephen R. Bough granted on Nov. 4, 2024. Furthermore, Class
Counsel's application for an award of attorneys' fees and
reimbursement of costs as set forth in the motion for attorneys'
fees, costs, expenses, and service awards was granted and will be
paid in accordance with the settlement agreements.
The appellate case is captioned Don Gibson, et al. v. James Mullis,
Case No. 24-3473, in the United States Court of Appeals for the
Eighth Circuit, filed on December 6, 2024.
The briefing schedule in the Appellate Case states that:
-- Transcript is due on or before January 15, 2025;
-- Appendix is due on January 27, 2025;
-- Appellant's brief is due on January 27, 2025; and
-- Appellee's brief is due 30 days from the date the court
issues the Notice of Docket Activity filing the brief of appellant.
[BN]
Plaintiffs-Appellees DON GIBSON, et al., individually and on behalf
of all others similarly situated, are represented by:
Alexander Aiken, Esq.
SUSMAN & GODFREY
401 Union Street, Suite 3000
Seattle, WA 98101
Telephone: (206) 516-3880
- and -
Steve Berman, Esq.
HAGENS & BERMAN
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
- and -
Brandon J.B. Boulware, Esq.
Jeremy Suhr, Esq.
BOULWARE LAW LLC
1600 Genessee Street, Suite 956A
Kansas City, MO 64102
Telephone: (816) 492-2826
- and -
Robert Abraham Braun, Esq.
COHEN & MILSTEIN
West Tower, Suite 800
1100 New York Avenue, N.W.
Washington, DC 20005
Telephone: (202) 408-4600
- and -
Eric L. Dirks, Esq.
Michael Anthony Williams, Esq.
WILLIANS & DIRKS
1100 Main Street, Suite 2600
Kansas City, MO 64105
Telephone: (816) 876-2600
(816) 945-7135
- and -
Beatrice C. Franklin, Esq.
SUSMAN & GODFREY
One Manhattan, W., Floor 50
New York, NY 10001
Telephone: (212) 336-8330
- and -
Michael S. Ketchmark, Esq.
Scott A. McCreight, Esq.
KETCHMARK & MCCREIGHT
11161 Overbrook Road, Suite 210
Leawood, KS 66211
Telephone: (913) 266-4500
Defendants-Appellees NATIONAL ASSOCIATION OF REALTORS, et al. are
represented by:
Eric Fanchiang, Esq.
Daniel Sasse, Esq.
Chahira Solh, Esq.
CROWELL & MORING
3 Park Plaza, 20th Floor
Irvine, CA 92614
Telephone: (949) 798-1338
(949) 263-8400
- and -
MaryAnn T. Almeida, Esq.
Robert J. Maguire, Esq.
Emily Parsons, Esq.
DAVIS & WRIGHT
920 Fifth Avenue, Suite 3300
Seattle, WA 98104
Telephone: (206) 757-8187
(206) 757-8094
(206) 622-3150
- and -
Bryon Patrick Becker, Esq.
Karen L. Dunn, Esq.
Martha Goodman, Esq.
William A. Isaacson, Esq.
PAUL & WEISS
2001 K. Street, N.W.
Washington, DC 20006
Telephone: (202) 223-7300
- and -
Brian J. Madden, Esq.
WAGSTAFF & CARTMELL
4740 Grand Avenue, Suite 300
Kansas City, MO 64112
Telephone: (816) 701-1132
- and -
Eyitayo St. Matthew-Daniel, Esq.
PAUL & WEISS
1285 Avenue of the Americas
New York, NY 10019
Telephone: (212) 373-3000
- and -
Gerald A. Stein, Esq.
DAVIS & WRIGHT
1251 Avenue of the Americas, 21st Floor
New York, NY 10020
Telephone: (212) 402-4095
Objector-Appellant JAMES MULLIS is represented by:
Steven M. Berezney, Esq.
Randall Paul Ewing, Jr., Esq.
KOREIN & TILLERY
3600 U.S. Bank Plaza
505 N. Seventh Street
Saint Louis, MO 63101
Telephone: (314) 241-4844
NATIONAL GENERAL: Class Cert Bid Hearing Set for March 27, 2025
---------------------------------------------------------------
In the class action lawsuit captioned as Edd King, et al., v.
National General Insurance Company, et al., Case No. 4:15-cv-00313
(N.D. Cal., Filed Jan. 22, 2015), the Hon. Judge Donna M. Ryu
entered an order setting hearing on motion to certify class for
March 27, 2025.
-- The briefing schedule shall remain as is.
The nature of suit states Contract -- Recovery of Overpayment &
Enforcement of Judgment.
National General, an Allstate company, offers coverage to help
protect home and vehicle.[CC]
NCAA: Bid to Certify Class Stricken in Robinson Suit
----------------------------------------------------
In the class action lawsuit captioned as Robinson, et al., v.
National Collegiate Athletic Association (NCAA), et al., Case No.
2:24-cv-12355 (E.D. Mich., Filed Sept. 10, 2024), the Court entered
an order striking motion to Certify Class.
The motion was filed by Shawn Crable, Denard Robinson, Braylon J
Edwards, Michael Martin for Violation of the Local Rule
7.1(d)(3)(A).
The nature of suit states litigation.[CC]
NCAA: Robinson Suit Seeks to Certify Student-Athletes Class
-----------------------------------------------------------
In the class action lawsuit captioned as DENARD ROBINSON; BRAYLON
EDWARDS; MICHAEL MARTIN; SHAWN CRABLE, Individually and on behalf
of themselves and former University of Michigan football players
similarly situated, v. NATIONAL COLLEGIATE ATHLETIC ASSOCIATION aka
"NCAA"; BIG TEN CONFERENCE aka "Big Ten"; BIG TEN NETWORK aka
"BTN," Case No. 2:24-cv-12355-TGB-KGA (E.D. Mich.), the Plaintiffs
ask the Court to enter an order:
1. Certifying a plaintiff class pursuant to Fed. R. Civ. P 23(a)
and 23(b)(3) defined as follows:
"All persons who were NCAA student-athletes prior to June 15,
2016, whose images or likeness has been used in any video
posted
by or licensed by the NCAA, Big Ten Network, or their agents,
distributors, contractors, licensees, subsidiaries,
affiliates,
partners, or anyone acting in concert with any of the
foregoing
entities or persons;"
2. Appointing James R. Acho, Ethan Vinson, and Kevin J. Campbell
of
the law firm Cummings, McClorey, Davis & Acho, PLC pursuant
to
Fed. R. Civ. P. 23(g); and
3. Appointing Denard Robinson, Braylon Edwards, Michael Martin,
and
Shawn Crable as class representatives.
The Plaintiffs estimate here that each Class contains thousands of
members, and therefore, is so numerous that joinder of all members
would be impracticable. In fact, as of the date of the filing of
the instant Motion, Plaintiffs’ counsel has over 270 former
student athletes who have joined this action.
National Collegiate is a nonprofit organization that regulates
student athletics among about 1,100 schools in the United States,
and one in Canada.
A copy of the Plaintiffs' motion dated Dec. 13, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=oxNXl6 at no extra
charge.[CC]
The Plaintiffs are represented by:
James R. Acho, Esq.
Ethan Vinson, Esq.
Kevin J. Campbell, Esq.
17463 College Parkway, 3rd Floor
Livonia, MI 48152
Telephone: (734) 261-2400 / (734) 261-4510
NEW YORK: Appeals Class Cert. Order in C. H. Suit to 2nd Circuit
----------------------------------------------------------------
KATHLEEN C. HOCHUL, et al. are taking an appeal from a court order
granting the Plaintiffs' motion to certify class in the lawsuit
entitled C. H., by her guardians J.G. and C.K., and J.G. and C.K.,
individually, et al., on behalf of themselves and all others
similarly situated, Plaintiffs, v. Kathleen C. Hochul, in her
official capacity as Governor of the State of New York, et al.,
Defendants, Case No. 1:16-cv-735, in the U.S. District Court for
the Western District of New York.
On September 8, 2020, a group of Plaintiffs with developmental
disabilities and their caregivers filed an amended complaint under
Title II of the Americans with Disabilities Act (ADA), 42 U.S.C.
Sec. 12131-34, and Section 504 of the Rehabilitation Act of 1973
(Section 504), 29 U.S.C. Sec. 794. They alleged that the Defendants
Andrew Cuomo, then Governor of the State of New York; and Dr.
Theodore Kastner, then Commissioner of the New York State Office
for People with Developmental Disabilities (OPWDD) unlawfully
denied them access to OPWDD-funded programs that provide supported
and community-based residential placements (CROs).
On February 7, 2022, the Court denied the Defendants' motion to
dismiss the amended complaint.
On May 9, 2022, the Court referred the case to United States
Magistrate Judge Jeremiah J. McCarthy for pre-trial matters under
28 U.S.C. Sec. 636(b)(1)(A).
On April 3, 2023, the referral order was amended to include
dispositive motions under 28 U.S.C. Sec. 636(b)(1)(B).
On May 3, 2023, the Plaintiffs moved for class certification.
Judge McCarthy then heard oral argument and on February 28, 2024,
he issued a Report and Recommendation (R&R) finding that the motion
for class certification should be denied.
On April 15, 2024, the Plaintiffs objected to the R&R, arguing that
Judge McCarthy incorrectly found that they did not satisfy Federal
Rule of Civil Procedure 23(b).
On Nov. 20, 2024, Judge Lawrence J. Vilardo granted the Plaintiffs'
motion to certify class. Judge Vilardo held that class
certification is appropriate because the Plaintiffs have satisfied
Federal Rule of Civil Procedure Rule 23(a) and 23(b). The two
subclasses shall include those who meet the criteria set forth in
the Plaintiffs' proposed class definition. The Court appointed
Bruce A. Goldstein and Alexander J. Douglas as class counsel under
Federal Rule of Civil Procedure 23(c)(1)(B) and 23(g). The case was
referred back to Judge McCarthy for further proceedings consistent
with the referral order of April 3, 2023.
The appellate case is captioned C.H. by her guardians J.G. and C.K.
v. Hochul, Case No. 24-3161, in the United States Court of Appeals
for the Second Circuit, filed on December 6, 2024. [BN]
Plaintiffs-Respondents C. H., by her guardians J.G. and C.K., and
J.G. and C.K., individually, et al., on behalf of themselves and
all others similarly situated, are represented by:
Alexander Jerome Douglas, Esq.
KENNEY SHELTON LIPTAK NOWAK LLP
16 West Main Street, Suite 236
Rochester, NY 14614
Telephone: (585) 232-1911
Defendants-Petitioners KATHLEEN C. HOCHUL, in her official capacity
as Governor of the State of New York, et al., are represented by:
Anagha Sundararajan, Esq.
NEW YORK STATE OFFICE OF THE ATTORNEY GENERAL
28 Liberty Street
New York, NY 10005
Telephone: (212) 416-8073
NORTH BROWARD HOSPITAL: Johnson Sues Over Unpaid Overtime Wages
---------------------------------------------------------------
Lakaye Johnson, individually and for others similarly situated v.
NORTH BROWARD HOSPITAL DISTRICT d/b/a BROWARD HEALTH, Case No.
0:24-cv-62361-XXXX (S.D. Fla., Dec. 16, 2024), is brought to
recover unpaid overtime wages and other damages from the
Defendant.
The Plaintiff and the other Straight Time Workers regularly work
more than 40 hours a workweek. But the Plaintiff and the other
Straight Time Workers are not paid required overtime wages when
they work in excess of 40 hours a workweek for the Defendant.
Instead, the Defendant misclassifies the Plaintiff and the other
Straight Time Workers as independent contractors to avoid paying
them overtime.
While working for the Defendant, the Plaintiff and the other
Straight Time Workers are paid the same hourly rate, "straight
time," for all hours worked each workday and never paid 1.5 times
their regular rates of pay for hours worked in excess of 40 a
workweek (straight time for overtime), says the complaint.
The Plaintiff was employed by the Defendant as one of its Straight
Time Workers.
Broward Health, formally the North Broward Hospital District, is
one of the 10 largest public health systems in the U.S. Located in
Broward County, Florida.[BN]
The Plaintiff is represented by:
C. Ryan Morgan
MORGAN & MORGAN, P.A.
20 N. Orange Avenue, #1600
Orlando, FL 32801
Phone: (407) 418-2069
Email: rmorgan@forthepeople.com
NOSTRANO LLC: Fernandez Sues Over Unpaid Compensations
------------------------------------------------------
Orietta Fernandez, individually and on behalf of all other
similarly situated individuals v. NOSTRANO LLC d/b/a 123 PRONTO
GOURMET PREPARED MEALS TO GO & CATERING and CLAUDIO LIA, and
CLAUDIA TECLA, Case No. 3:24-cv-01984 (D. Conn., Dec. 16, 2024), is
brought for compensatory damages, liquidated damages, penalty
damages and attorneys' fees brought pursuant to the Fair Labor
Standards Act ("FLSA") and the Connecticut Minimum Wage Act
(collectively "CMWA").
The Plaintiff was not provided with a lunch break. The Plaintiff
worked between 47 and 57 hours per week. On those occasions, the
Plaintiff did not work overtime. The Plaintiff was told during her
interview that she would be paid $15.69 per hour. However, when the
Plaintiff was hired by Defendants, they did not provide her
anything in writing as to what her hourly salary would be or her
work schedule.
On information and belief, Fernandez and all other Kitchen Workers
employed by Nostrano were not paid any overtime compensation at a
rate of one-and-one-half times their regular rate of pay for all
hours over 40 per week, as required by the CMWA and FLSA. The
Kitchen Workers also were not paid any overtime compensation at a
rate of one-and-one-half times their regular rate of pay for all
hours over 40 per week, as required by the CMWA and FLSA, says the
complaint.
The Plaintiff was employed by Nostrano as a dishwasher, food
preparer and prep cook.
Nostrano LLC is a Connecticut corporation with a principal place of
business located in Trumbull, Connecticut.[BN]
The Plaintiff is represented by:
Jacob Aronauer, Esq.
THE LAW OFFICES OF JACOB ARONAUER
250 Broadway, Suite 600
New York, NY 10007
Phone: (212) 323-6980
Email: jaronauer@aronauerlaw.com
OLDCASTLE INFRASTRUCTURE: Serrano Suit Removed to E.D. California
-----------------------------------------------------------------
The case styled as Rene Serrano, an individual, and on behalf of
all others similarly situated v. OLDCASTLE INFRASTRUCTURE, INC.;
and DOES 1 through 100, inclusive, Case No. STK-CV-UOE-2024-15058
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 Eastern District of California on Dec. 12, 2024, and
assigned Case No. 3:24-cv-09013.
The Plaintiff filed a Class Action Complaint asserting the
following thirteen Causes of Action: Failure to Pay Minium Wages;
Failure to Pay Overtime Wages; Failure to Provide Required Meal
Periods; Failure to Provide Required Rest Periods; Failure to
Properly Pay Accrued Sick Days; Failure to Properly Pay Unused
Vacation Pay; Failure to Pay Timely Wages During Employment;
Failure to Pay All Wages Due to Discharged and Quitting Employees;
Failure to Maintain Required Records; Failure to Furnish Accurate,
Itemized Wage Statements; Failure to Reimburse Necessary
Expenditures; Unfair and Unlawful Business Practices; and Civil
Penalties Pursuant to The Private Attorneys General Act.[BN]
The Defendants are represented by:
Karin M. Cogbill, Esq.
Sean M. Bothamley, Esq.
JACKSON LEWIS P.C.
160 W. Santa Clara St., Suite 400
San Jose, CA 95113
Phone: (408) 579-0404
Fax: (408) 454-0290
Email: Karin.Cogbill@jacksonlewis.com
Sean.Bothamley@jacksonlewis.com
PARTS AUTHORITY: Casey Seeks Conditional Status of Delivery Drivers
-------------------------------------------------------------------
In the class action lawsuit captioned as CECILE CASEY and RODNEY
FOUST, on behalf of themselves and all others similarly situated,
v. PARTS AUTHORITY, LLC, PARTS AUTHORITY, INC., NORTHEAST
LOGISTICS, INC. d/b/a "Diligent Delivery Systems," and DAO
LOGISTICS, INC. d/b/a "Diligent Delivery Systems," Case No.
1:24-cv-02659-DLF (D.D.C.), the Plaintiffs ask the Court to enter
an order:
-- conditionally certifying a collective action encompassing
"all delivery drivers working at Parts Authority stores in
Washington, D.C., Maryland and Virginia in the last three years
who were placed through Defendants DAO Logistics, Inc. and
Northeast Logistics, Inc.,"
-- approving the Plaintiffs' proposed notice of collective action,
and
-- directing the Defendants to produce the names and contact
information for those delivery drivers.
Parts Authority is a national distributor of automotive and truck
parts to the aftermarket auto parts industry in the United States.
A copy of the Plaintiffs' motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0q9G5j at no extra
charge.[CC]
The Plaintiffs are represented by:
Gregory K. McGillivary, Esq.
Sarah M. Block, Esq.
MCGILLIVARY STEELE ELKIN LLP
1101 Vermont Ave NW, Suite 1000
Washington, DC 20005
Telephone: (202) 833-8855
E-mail: gkm@mselaborlaw.com
smb@mselaborlaw.com 39
- and -
Todd Garber, Esq.
FINKELSTEIN, BLANKINSHIP, FREIPEARSON & GARBER, LLP
One North Broadway, Suite 900
White Plains, NY 10601
Telephone: (914) 298-3281
Facsimile: (914) 824-1561
E-mail: jfrei-pearson@fbfglaw.com
tgarber@fbfglaw.com
Mark Potashnick, Esq.
WEINHAUS & POTASHNICK
11500 Olive Blvd., Suite 133
St. Louis, MO 63141
Telephone: (314) 997-9150 ext. 2
E-mail: markp@wp-attorneys.com
PEACE OUT: Blind Users Can't Access Website, Murphy Suit Alleges
----------------------------------------------------------------
JAMES MURPHY, on behalf of himself and all others similarly
situated, Plaintiff v. PEACE OUT, LLC, Defendant, Case No.
1:24-cv-09463 (S.D.N.Y., December 11, 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://peaceoutskincare.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, says
the suit.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Peace Out, LLC 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
PEKIN INSURANCE: Cohen Suit Removed to D. Colorado
--------------------------------------------------
The case styled as Kyle P. Cohen, individually and on behalf of all
others similarly situated v. PEKIN INSURANCE COMPANY, Case No.
CV-24-106807 was removed from the Court of Common Pleas, Cuyahoga
County, to the United States District Court for the Northern
District of Ohio on Dec. 13, 2024, and assigned Case No.
1:24-cv-02172-SO.
The Plaintiff's Complaint alleges that Pekin, which insured
Plaintiff under a personal automobile insurance policy, underpaid
Plaintiff's claim for the total loss of his motor vehicle by
"arbitrarily reducing the value of the comparable vehicles used in
the calculation" of the actual cash value payment by a "Condition
Adjustment," which Plaintiff claims is "contrary to appraisal
standards and methodologies and is not based in fact, as it is
based on faulty assumptions rather than an inspection of the comp
vehicle, and is not itemized."[BN]
The Plaintiff is represented by:
Patrick J. Perotti, Esq.
Frank A. Bartela, Esq.
DWORKEN & BERNSTEIN CO., LPA 60 South Park Place
Painesville, OH 44077
Phone: (440) 352-3391
Fax: (440) 352-3469
Email: pperotti@dworkenlaw.com
fbartela@dworkenlaw.com
- and -
James A. DeRoche, Esq.
GARSON JOHNSON LLC
2900 Detroit Avenue
Van Roy Building 2nd Floor
Cleveland, OH 44113
Phone: (216) 696-9330
Fax: (216) 696-8558
Email: jderoche@garson.com
The Defendants are represented by:
John G. Farnan, Esq.
Patrick M. Cannell, Esq.
WESTON HURD LLP
1300 East 9th Street, Suite 1400
Cleveland, OH 44114
Phone: 216.241.6602
Fax: 216.621.8369
Email: JFarnan@westonhurd.com
PCannell@westonhurd.com
PERFUME WORLDWIDE: Knowles Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Carlton Knowles, on behalf of herself and all other persons
similarly situated v. PERFUME WORLDWIDE INC., Case No.
1:24-cv-09674 (S.D.N.Y., Dec. 16, 2024), is brought against the
Defendant for its failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://us.betteryou.com, including all portions thereof or
accessed thereon (collectively, the "Website" or "Defendant's
Website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's Website will become
and remain accessible to blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
PERFUME WORLDWIDE INC., operates the Better You online retail
store, as well as the Better You interactive Website and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
dana@gottlieb.legal
jeffrey@gottlieb.legal
PHOTOBUCKET INC: Sells Customers' Photos to 3rd Party, Pierce Says
------------------------------------------------------------------
MAC PIERCE, NIKI HUGHES, SEAN HUGHES, and VALERIE CUMMING, on
behalf of themselves and all others similarly situated, Plaintiffs
v. PHOTOBUCKET, INC. AND UNKNOWN, Defendants, Case No.
1:24-cv-03432-NRN (D. Colo., December 11, 2024) is a class action
against the Defendants for violations of state privacy laws, state
deceptive practices laws, breach of contract, conversion, unjust
enrichment, and civil conspiracy.
The case arises from Photobucket's intention to sell consumers'
images to third parties who can use them to create biometric facial
recognition databases. When it encouraged customers to upload their
photos, Photobucket never gave them notice that it might one day
appropriate them for biometric data or machine learning. Rather,
Photobucket told users that it was a cloud storage service for
customers who wished to view their photos online, and it repeatedly
promised users to respect their rights to their data and
intellectual property and to be a responsible steward of the
photographs entrusted to it. However, Photobucket has attempted to
amend its user agreement to impose consent to artificial
intelligence and biometrics on its millions of customers. The
Plaintiffs seek an injunction to prohibit Photobucket from
licensing the photos to third parties for such uses, to claw back
photos that Photobucket has already licensed for these purposes and
to recover penalties and damages for each violation.
Photobucket, Inc. is a privately-held company with its principal
place of business in Denver, Colorado. [BN]
The Plaintiff is represented by:
Daniel Twetten, Esq.
LOEVY & LOEVY
2060 Broadway Street, Suite 460
Boulder, CO 80302
Telephone: (720) 583-6514
Facsimile: (312)-243-5902
Email: dan@loevy.com
- and -
Mike Kanovitz, Esq.
Jon Loevy, Esq.
Tom Hanson, Esq.
Aaron Tucek, Esq.
Isaac Green, Esq.
LOEVY & LOEVY
311 N. Aberdeen St.
Chicago, IL 60607
Telephone: (312) 243-5900
Facsimile: (312)-243-5902
PILGRIM'S PRIDE: Green Seeks Initial Approval of Settlement
-----------------------------------------------------------
In the class action lawsuit captioned as BENNETTA GREEN, and CODY
MANTIA, individually and on behalf of all others similarly
situated, v. PILGRIM'S PRIDE CORPORATION, Case No.
1:23-cv-00661-RMR-KAS (D. Colo.), the Plaintiffs ask the Court to
enter an order granting unopposed motion for conditional
certification and preliminary approval of Fair Labor Standards Act
(FLSA) collective action settlement:
-- The Plaintiff Bennetta Green filed her original lawsuit on
March
14, 2023, an Amended Complaint on April 24, 2023, and a Second
Amended Complaint on Dec. 16, 2024.
-- Green's original complaint brought claims for owed overtime for
herself and other salaried Superintendents at Pilgrims' poultry
production facilities.
-- The proposed settlement obligates Pilgrims to pay up to a
maximum
settlement amount of $692,746.67.
The Settlement Agreement covers two types of workers – Production
Superintendents who worked at the Elberton, GA facility since March
14, 2020 ("the Elberton Collective") and current and former
production and maintenance employees working at any of Pilgrim's
locations in the United States who participated in Pilgrim's
Superintendent Development Program since March 14, 2020 ("SDP
Collective").
Together, members of the Elberton Collective and SDP Collective are
"Settlement Collective Members."
Before final approval, Plaintiffs' Counsel will apply to the Court
for an attorneys' fees award of 40% of the GSA ($277,098.67),
out-of-pocket costs not to exceed $15,000.00, Claim Administrator
costs estimated to be $21,500.00, and service payments of
$10,000.00 each to Green and Mantia.
Pilgrim's Pride produces prepared and fresh chicken products in the
United States and Mexico.
A copy of the Plaintiffs' motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ryUiQ2 at no extra
charge.[CC]
The Plaintiffs are represented by:
Joseph A. Fitapelli, Esq.
Armando A. Ortiz, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
Facsimile: (212) 481-1333
- and -
Melinda Arbuckle, Esq.
Ricardo J. Prieto, Esq.
WAGE AND HOUR FIRM
400 North Saint Paul Street, Suite 700
Dallas, Texas 75201
Telephone: (214) 210-2100
Facsimile: (469) 299-1070
PILLOW CUBE: Adra Sues Over Unlawful and Deceptive Sale Promotion
-----------------------------------------------------------------
Sara Adra and Wayne Mitchell, individually and on behalf of all
others similarly situated v. PILLOW CUBE, INC. and JAY DAVIS, Case
No. 3:24-cv-02313-JO-BJC (S.D. Cal., Dec. 12, 2024), is brought
seeking to remedy Defendants' unlawful and deceptive business
practices with respect to misleading sale promotions advertised on
Pillow Cube's website as limited time discounted offers that, in
reality, never end.
False reference pricing occurs when a seller fabricates a false
"original" price for a product and then offers that product at a
substantially lower price under the guise of a sale. The resulting
artificial price disparity misleads consumers into believing the
product they are buying has a higher market value, and it induces
them into purchasing the product.
The Defendants sell Pillow Cube pillows (the "Products") on the
Pillow Cube website and at other online retailers at a supposed
discount, when in fact no discount exists at all. This is a false
reference pricing scheme that violates California and federal law.
Through their false and misleading pricing scheme, marketing, and
advertising, Defendants violated, and continue to violate,
California's Unfair Competition Law ("UCL"), and California
Consumers Legal Remedies Act ("CLRA"),
The Plaintiffs bring this action individually and on behalf of
other similarly situated consumers who have purchased one or more
products online that were deceptively represented as discounted
from a false reference price. Plaintiffs seek to halt the
dissemination of this deceptive pricing scheme and to obtain
redress for those who have purchased products as a result of its
sales offered at a false discount, says the complaint.
The Plaintiffs purchased the Defendants' Product.
Pillow Cube, Inc. manufactures, markets, advertises, and
distributes the Products throughout the United States, including in
California.[BN]
The Plaintiff is represented by:
Michael T. Houchin, Esq.
Craig W. Straub, Esq.
Zachary M. Crosner, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Phone: (866) 276-7637
Fax: (310) 510-6429
Email: mike@crosnerlegal.com
craig@crosnerlegal.com
zach@crosnerlegal.com
POWER MACHINERY: Houston Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against POWER MACHINERY
CENTER. The case is styled as Robert Houston, Jr., on behalf of all
others similarly situated, and on behalf of the general public v.
POWER MACHINERY CENTER, Case No. BCV-24-104326 (Cal. Super. Ct.,
Kern Cty., Dec. 17, 2024).
The case type is stated as "Other Employment - Civil Unlimited."
Power Machinery Center -- https://www.powermachinery.com/ -- offers
reliable forklift rentals.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
Nidah Farishta, Esq
OTKUPMAN LAW FIRM, ALC
28632 Roadside Dr, Ste 203
Agoura Hills, CA 91301-6015
Phone: (818) 293-5623
Fax: (888) 850-1310
Email: roman@OLFLA.com
nidah@olfla.com
PREPPERVERSE INC: Chernyak Files TCPA Suit in D. Colorado
---------------------------------------------------------
A class action lawsuit has been filed against Prepperverse, Inc.
The case is styled as Dmitry Chernyak, on behalf of himself and all
others similarly situated v. Prepperverse, Inc. doing business as:
PrepperBar, Case No. 1:24-cv-03456-STV (D. Colo., Dec. 13, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Prepperverse, Inc. doing business as The Prepper Bar --
https://prepperbar.com/ -- is the only precious metals bar on the
market divisible into 3 different sized pieces for maximum
utility,.[BN]
The Plaintiff is represented by:
Alexander Kruzyk, Esq.
PARDELL KRUZYK & GIRIBALDO PLLC
7500 Rialto Blvd., Ste. 1-250
Austin, TX 78735
Phone: (737) 310-3210
Email: akruzyk@pkglegal.com
PRN AMBULANCE LLC: Romero Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against PRN AMBULANCE, LLC.
The case is styled as Oscar Romero, an individual and on behalf of
all others similarly situated, v. PRN AMBULANCE, LLC, Case No.
24STCV32940 (Cal. Super. Ct., Los Angeles Cty., Dec. 13, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
PRN Ambulance -- https://www.prnambulance.com/ -- is the leading
provider of patient logistics services to hospital systems in
Southern California.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Farzan Bijan Amir Mohseni, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Email: david@tomorrowlaw.com
PROTRANSPORT-1 LLC: Horsley Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against PROTRANSPORT-1, LLC,
et al. The case is styled as John Horsley, John Gilson,
individually, and on behalf of other similarly situated employees
v. PROTRANSPORT-1, LLC, DOES 1 through 25, inclusive, Case No.
24CV103611 (Cal. Super. Ct., Alameda Cty., Dec. 17, 2024).
The case type is stated as "Other Employment Complaint Case."
ProTransport-1 -- https://protransport-1.com/ -- is a leading
provider of patient logistics services to hospital systems, serving
a diverse range of customers from coast to coast.[BN]
The Plaintiffs are represented by:
Barbara Duvan-Clarke, Esq.
BLACKSTONE PC
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 310-361-0599
Email: BDC@blackstonepc.com
ROSA MEXICANO: Sumlin Sues Over Website's Equal Access to the Blind
-------------------------------------------------------------------
DENNIS SUMLIN, on behalf of himself and all others similarly
situated, Plaintiff v. ROSA MEXICANO BRANDS, INC., Defendant, Case
No. 1:24-cv-09433 (S.D.N.Y., December 11, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act, the New York State Human Rights Law, the New
York State Civil Rights Law, and the New York City Human Rights Law
and declaratory relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://www.rosamexicano.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: the lack of navigation links, inaccurate heading
hierarchy, inaccessible drop-down menus, the lack of adequate
labeling of form fields, ambiguous link texts, unclear labels for
interactive elements, changing of content without advance warning,
and the requirement that transactions be performed solely with a
mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
Rosa Mexicano Brands, Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
Asher Cohen, Esq.
ASHER COHEN PLLC
2377 56th Dr.
Brooklyn, NY 11234
Telephone: (718) 914-9694
Email: acohen@ashercohenlaw.com
SELENE FINANCE: Seeks to Stay All Proceedings in Cruz Class Suit
----------------------------------------------------------------
In the class action lawsuit captioned as CLARISSA CRUZ, ROBERT
ALLAN MARTIN and KATRINA MARTIN, individually and on behalf of all
others similarly situated, v. SELENE FINANCE, LP, a Delaware
Limited Partnership, Case No. 2:23-cv-14297-AMC (S.D. Fla.), the
Defendant asks the Court to enter an order
-- staying all proceedings in this case pending the Eleventh
Circuit's resolution of Selene's pending Petition for
Permission
to Appeal Class Certification Under Federal Rule of Civil
Procedure 23(f) and any subsequent appeal; and
-- awarding Selene such other and further relief as the Court
deems
proper.
The Plaintiffs allege that after they failed to pay their
respective Mortgages, Selene violated state and federal law by
sending them letters to notify them of the default.
The Plaintiffs moved to certify a class defined as:
"All Florida residential mortgagors to whom Selene sent a letter
substantially similar or materially identical to the [default
notice] warning of acceleration of the home loan and/or
commencement of foreclosure proceedings upon less than full
payment
of the "amount due" or "default amount," within the applicable
statute of limitations period.
The Plaintiffs also sought to certify an FDCPA sub-class for such
mortgagors "whose mortgage servicing was transferred to Selene
while in a state of default."
Selene is a full-service residential mortgage loan servicer.
A copy of the Defendant's motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=BbFkei at no extra
charge.[CC]
The Defendant is represented by:
Brendan I. Herbert, Esq.
Henry H. Bolz, IV, Esq.
POLSINELLI PC
315 S. Biscayne Blvd, Suite 400
Miami, FL 33131
Telephone: (305) 921-1820
Facsimile: (305) 921-1801
E-mail: hbolz@polsinelli.com
bherbert@polsinelli.com
cmoreno@polsinelli.com
- and -
Sara D. Accardi, Esq.
BRADLEY ARANT BOULT CUMMINGS, LLP
1001 Water Street, Suite 1000
Tampa, FL 33602
Telephone: (813) 559-5500
Facsimile: (813) 229–5946
E-mail: saccardi@bradley.com
SILVACO GROUP: Rosen Law Investigates Potential Securities Claims
-----------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, announces
an investigation of potential securities claims on behalf of
shareholders of Silvaco Group, Inc. (NASDAQ: SVCO) resulting from
allegations that Silvaco may have issued materially misleading
business information to the investing public.
So What: If you purchased Silvaco securities you may be entitled to
compensation without payment of any out of pocket fees or costs
through a contingency fee arrangement. The Rosen Law Firm is
preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=32199 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On October 15, 2024, Silvaco issued a press
release entitled "Silvaco Announces Preliminary Unaudited Revenue
for Q3 and Updates Full Year 2024." In this press release, Silvaco
provided updated full year guidance of $60 to $63 million in
revenue, down from the previous guidance of $63 to $66 million in
revenue. Silvaco also provided updated guidance of 10% to 16%
year-over-year growth, which was down from 16% to 22% projected
year-over-year growth.
On this news, Silvaco common stock fell 32.6% on October 16, 2024.
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. 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.
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]
SIMPSON MANUFACTURING: Kasdan Appeals Judgment and Sanctions Order
-------------------------------------------------------------------
KASDAN TURNER THOMSON BOOTH LLP, interested party, is taking an
appeal from a court order in the lawsuit entitled Ravi Salhotra, et
al., individually and on behalf of all others similarly situated,
Plaintiffs, v. Simpson Manufacturing Company, Inc., et al.,
Defendants, Case No. 3:19-cv-07901-TLT, in the U.S. District Court
for the Northern District of California.
The class action complaint is brought against the Defendants for
false, deceptive, and misleading advertising, labeling, and
marketing of galvanized hurricane straps. The Plaintiffs bring
claims for breach of express warranty, breach of implied warranty
of fitness, breach of implied warranty of merchantability,
negligence, fraud/non-disclosure/concealment, and violations of
California Consumers Legal Remedies Act, California Unfair
Competition Law, and Florida's Deceptive and Unfair Trade Practices
Act.
On May 1, 2020, the Defendants filed a motion for sanctions, which
Judge Thomas S. Hixson granted on Sept. 2, 2020. The Court ordered
that monetary sanctions in the amount of $85,203 are awarded in
favor of the Defendants and against the Plaintiffs' counsel. The
firms of the Plaintiffs' counsel are jointly and severally liable
for this amount.
On Sept. 3, 2024, the Defendants filed a motion for judgment on the
pleadings as to the Plaintiffs' third amended complaint, which
Judge Trina L. Thompson granted on Nov. 4, 2024. Judge Thompson
entered judgment on same day.
The appellate case is captioned Salhotra, et al. v. Simpson
Manufacturing Company, Inc., et al., Case No. 24-7349, in the
United States Court of Appeals for the Ninth Circuit, filed on
December 6, 2024.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on December 11,
2024;
-- Appellant's Appeal Transcript Order is due on December 18,
2024;
-- Appellant's Appeal Transcript is due on January 17, 2025;
-- Appellant's Appeal Opening Brief is due on February 26, 2025;
and
-- Appellee's Appeal Answering Brief is due on March 28, 2025.
[BN]
Plaintiff-Appellees RAVI SALHOTRA, et al., on behalf of himself and
all others similarly situated, are represented by:
Marie Noel Appel, Esq.
Michael Ram, Esq.
MORGAN & MORGAN
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
- and -
Graham B. LippSmith, Esq.
LIPPSMITH, LLP
555 S. Flower Street
Los Angeles, CA 90071
Defendants-Appellees SIMPSON MANUFACTURING COMPANY, INC., et al.
are represented by:
Erick Charles Howard, Esq.
SHARTSIS FRIESE, LLP
425 Market Street, 11th Floor
San Francisco, CA 94105
- and -
Thomas F. Olsen, Esq.
LORBER, GREENFIELD & POLITO, LLP
12975 Brookprinter Place, Suite 280
Poway, CA 92064
Interested Party-Appellant KASDAN TURNER THOMSON BOOTH LLP is
represented by:
Kenneth S. Kasden, Esq.
KASDAN TURNER THOMSON BOOTH, LLP
1990 N. California Blvd., Suite 1060
Walnut Creek, CA 94596
Telephone: (925) 906-9220
SPORTSMAN'S WAREHOUSE: Continues to Defend Kogut Class Suit in Del.
-------------------------------------------------------------------
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 the Kogut class suit in
the Delaware Court of Chancery.
On January 22, 2024, Jon Kogut filed a putative class action
lawsuit against the Company and the members of its Board of
Directors in the Delaware Court of Chancery (the "2024 Delaware
Litigation"). The lawsuit asserts claims on behalf of a putative
class comprised of all stockholders other than defendants and any
current directors or officers of the Company and is captioned Kogut
v. Bejar, et al., C.A. No. 2024-0055-MTZ (Del. Ch.).
In his complaint, Mr. Kogut contends that certain provisions in the
Company's advance notice bylaws (the "Challenged Provisions") are
invalid and void and that the members of the Board have breached
their fiduciary duty of loyalty by adopting and maintaining the
Challenged Provisions. In addition to seeking declaratory,
equitable, and injunctive relief, Mr. Kogut seeks an award of
attorneys' fees and other costs and expenses on behalf of the
putative class.
Sportsman's Warehouse, Inc. is an American outdoor sporting goods
retailer which operates in 29 states across the United States.[BN]
STITCH FIX: Continues to Defend Securities Class Suit in California
-------------------------------------------------------------------
Stitch Fix 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.
Stitch Fix is an online personal styling service in the United
States and United Kingdom that uses recommendation algorithms and
data science to personalize clothing items based on size, budget
and style.
STRONGHOLD DIGITAL: Class Settlement in Winter Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as MARK WINTER, Individually
and on Behalf of All Others Similarly Situated, v. STRONGHOLD
DIGITAL MINING, INC., GREGORY A. BEARD, RICARDO R. A. LARROUDÉ,
WILLIAM B. SPENCE, B. RILEY SECURITIES, INC., COWEN AND COMPANY,
LLC, TUDOR, PICKERING, HOLT & CO. SECURITIES, LLC, D.A. DAVIDSON &
CO., COMPASS POINT RESEARCH & TRADING, LLC, and NORTHLAND
SECURITIES, INC., Case No. 1:22-cv-03088-RA-GS (S.D.N.Y.), the Hon.
Judge Ronnie Abrams entered an order granting preliminary approval
of class action settlement, approving form and manner of notice,
and setting date for hearing on final approval of settlement:
1. Pursuant to Rules 23(a) and (b)(3) of the Federal Rules of
Civil
Procedure, the Court preliminarily certifies, for purposes of
the Settlement only, the Settlement Class of:
"All persons and entities who or which purchased or otherwise
acquired Stronghold Class A common stock on or before Dec.
20,
2021, pursuant and/or traceable to the Offering Documents
issued
in connection with the Class A common stock initial public
offering in October 2021, and 16th December were damaged
thereby."
Excluded from the Settlement Class are: (i) Defendants; (ii)
Immediate Families of the Individual Defendants; (iii) any
person who was an officer, director, or control person of
Stronghold, and the Underwriter Defendants, (at all relevant
times, and members of their Immediate Families); (iv)
Stronghold's employee retirement and/or benefit plan(s) and
their participants and/or beneficiaries to the extent they
purchased or acquired Stronghold Class A common stock through
any such plan(s); (v) any entity in which any Defendant has
or
had a controlling interest; and (vi) the legal
representatives,
heirs, successors, or assigns of any such excluded person or
entity. Also excluded from the Settlement Class are those
members of the Settlement Class who or which exclude
themselves
from the Settlement Class in accordance with the requirements
set forth below and in the Notice. However, any Investment
Vehicle (as defined in the Stipulation) will not be excluded
from the Settlement Class.
2. Pursuant to Rule 23 of the Federal Rules of Civil Procedure,
and
for purposes of the Settlement only, Plaintiff is
preliminarily
certified as Class Representative for the Settlement Class.
The
Rosen Law Firm, P.A. ("Rosen Law") is preliminarily appointed
Class Counsel for the Settlement Class.
3. A hearing (the "Settlement Hearing") pursuant to Rule 23(e)
of
the Federal Rules of Civil Procedure is hereby scheduled to
be
held before the Court on April 11, 2025, at 3:00 p.m.
Stronghold operates as a crypto asset mining company.
A copy of the Court's order dated Dec. 16, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=P9XZHF at no extra
charge.[CC]
SUMMIT PATHOLOGY: Jandegian Files Suit in D. Colorado
-----------------------------------------------------
A class action lawsuit has been filed against Summit Pathology
Laboratories, Inc. The case is styled as Rickey Jandegian,
individually and on behalf of all others similarly situated v.
Summit Pathology Laboratories, Inc., Case No. 1:24-cv-03482-SKC (D.
Colo., Dec. 16, 2024).
The nature of suit is state as Other P.I. for Personal Injury.
Summit Pathology -- https://www.summitpathology.com/ -- is an
independent pathology laboratory, owned by a practice of twenty-two
board certified pathologists.[BN]
The Plaintiff is represented by:
Philip Joseph Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Phone: (612) 767-3613
Fax: (612) 336-2940
Email: pkrzeski@chestnutcambronne.com
TORRID HOLDINGS: Continues to Defend Perez Class Suit in California
-------------------------------------------------------------------
Torrid 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 the Perez class suit in
California.
In April 2024, a class action complaint was filed in the Court
captioned Crystal Jillson and Carmen Perez v. Torrid LLC.
The complaint alleges misleading and unlawful pricing, sales, and
discounting practices on its website under multiple legal theories
including violation of California's Unfair Competition Law,
California False Advertising Law and California Consumer Legal
Remedies Act.
The Company intends to defend ourselves against the complaint
vigorously.
Torrid Holdings Inc. owns a direct-to-consumer brand of apparel,
intimates and accessories in North America aimed at fashionable
women who are curvy and wear sizes 10 to 30. It generates revenues
primarily through its e-Commerce platform www.torrid.com and stores
in the United States of America, Puerto Rico and Canada.
TRADE ON DEMAND: Palmer Seeks Unpaid Overtime for Security Guards
-----------------------------------------------------------------
MICHAEL PALMER, on behalf of himself and all others similarly
situated, Plaintiff v. TRADE ON DEMAND, INC., d/b/a SKILLED
WORKFORCE and ABE MBOW, Defendants, Case No. 3:24-cv-01451 (M.D.
Tenn., December 11, 2024) is a class action against the Defendants
for failure to pay overtime wages in violation of the Fair Labor
Standards Act.
Mr. Palmer has been employed by the Defendants as an hourly paid
security guard.
Trade on Demand Inc., doing business as Skilled Workforce, is a
provider of end-to-end staffing solutions, headquartered in
Franklin, Tennessee. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood IV, Esq.
Joshua Autry, Esq.
JACKSON, SHIELDS, YEISER, HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
jbryant@jsyc.com
jleatherwood@jsyc.com
jautry@jsyc.com
TWISTED TAIL: Website Inaccessible to the Blind, Gomberg Alleges
----------------------------------------------------------------
MATTHEW GOMBERG, on behalf of himself and all others similarly
situated, Plaintiff v. THE TWISTED TAIL, INC., Defendant, Case No.
2:24-cv-06609-JS (E.D. Pa., December 11, 2024) is a class action
against the Defendant for violations of Title III of the Americans
with Disabilities Act and declaratory relief and injunctive
relief.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://thetwistedtail.com, contains access barriers which hinder
the Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include, but not
limited to: inaccurate landmark structure, ambiguous link texts,
inaccessible drop-down menus, redundant links where adjacent links
go to the same URL address, and the requirement that some events be
performed solely with a mouse.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
The Twisted Tail, Inc. is a company that sells online goods and
services, doing business in New York. [BN]
The Plaintiff is represented by:
David Glanzberg, Esq.
Robert Tobia, Esq.
GLANZBERG TOBIA LAW, P.C.
123 South Broad Street Suite 1640,
Philadelphia, PA 19109
Telephone: (215) 981-5400
Email: DGlanzberg@aol.com
robert.tobia@gtlawpc.com
VANN-VIRGINIA CENTER: Walls Files FDCPA 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 Jill Walls,
individually and on behalf of all others similarly situated v.
Vann-Virginia Center For Orthopaedics, P.C. doing business as:
Atlantic Orthopaedics Specialists, Case No. 2:24-cv-00719-AWA-DEM
(S.D. Fla., Dec. 17, 2024).
The nature of suit is stated as Other Statutory Actions for Other
Contract.
Vann-Virginia Center for Orthopaedics, P.C. provides healthcare
services. The Company offers joint replacement, pain management,
physical therapy, and other orthopedic services.[BN]
The Plaintiff is represented by:
Seth R. Carroll, Esq.
COMMONWEALTH LAW GROUP
3311 West Broad Street
Richmond, VA 23230
Phone: (804) 999-9999
Email: scarroll@hurtinva.com
VIA RENEWABLES: Clark Seeks to Certify Class Action
---------------------------------------------------
In the class action lawsuit captioned as BRIAN CLARK, individually
and on Behalf of All Others Similarly Situated, v. VIA RENEWABLES,
INC, F/K/A SPARK ENERGY, INC., Case No. 3:24-cv-00568-JSC (N.D.
Cal.), the Plaintiff, on March 6, 2025, will move the Court
pursuant to Rule 23 of the Federal Rules of civil Procedure for an
order certifying class action.
The Plaintiff's motion seeks certification of the class since all
requirements of subsections (a) and (b)(3) are met in this case.
The class numbers in the hundreds of thousands, the claims are
common, the named plaintiff is typical, and the representation by
the named plaintiff and counsel are more than adequate.
Via Renewables is an independent retail energy services company.
A copy of the Plaintiff's motion dated Dec. 16, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=UuePDv at no extra
charge.[CC]
The Plaintiff is represented by:
Christopher J. Reichman, Esq.
Justin Prato, Esq.
PRATO & REICHMAN, APC
3675 Ruffin Road, Suite 220
San Diego, CA 92123
Telephone: (619) 683-7971
E-mail: ChrisR@Prato-Reichman.com
WENDY'S OF COLORADO: Cervantes Suit Removed to D. Colorado
----------------------------------------------------------
The case styled as Salvador Cervantes and Shawn Rentie,
individually and on behalf of all similarly situated persons v.
WENDY'S OF COLORADO SPRINGS, INC., Case No. 2020CV31723 was removed
from the District Court for El Paso County, Colorado, to the United
States District Court for the District of Colorado on Dec. 13,
2024, and assigned Case No. 1:24-cv-03462.
In the State Court Amended Complaint, Plaintiffs, on behalf of
themselves and class members, asserts two claims for relief:
violation of the Colorado Wage Claim Act ("CWCA"), for alleged
failure to pay wages due; and violation of the Colorado Minimum
Wage Act ("Minimum Wage Act"), for alleged failure to pay minimum
wages due.[BN]
The Plaintiff is represented by:
Brian D. Gonzales, Esq.
THE LAW OFFICES OF BRIAN D. GONZALES, PLLC
2580 East Harmony Road, Suite 201
Fort Collins, CO 80528
Phone: 970.214.0562
Email: bgonzales@coloradowagelaw.com
- and -
Alexander Hood, Esq.
HOOD LAW OFFICE, PLLC
PO Box 24753
Silverthorne, CO 80497
Phone: (720) 381-4142
Email: Alex@HoodLawPLLC.com
The Defendants are represented by:
Todd A. Fredrickson, Esq.
Micah D. Dawson, Esq.
Hillary R. Ross, Esq.
FISHER & PHILLIPS LLP
1125 17th Street, Suite 2400
Denver, CO 80202
Phone: (303) 218-3650
Facsimile: (303) 218-3651
Email: tfredrickson@fisherphillips.com
mdawson@fisherphillips.com
hross@fisherphillips.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2024. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***