/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/241230.mbx C L A S S A C T I O N R E P O R T E R Monday, December 30, 2024, Vol. 26, No. 1 Headlines 36 S OXFORD: Cox Brings Appeal to N.Y. Appellate Division 3M COMPANY: Wins Summary Judgment v. Johnson 919 109TH: Class Cert Bid Filing Due Sept. 8, 2025 A-TOTAL PLUMBING: Rodak Sues Over Unpaid Overtime Compensation ABBOTT LABORATORIES: Medina Suit Removed to N.D. Illinois ABC LEGAL SERVICES: Bushek Sues Over Failure to Protect PII ABM INDUSTRY: Williams Suit Removed to E.D. California ALLSTATE INSURANCE: Canchola Can Take More Than 10 Depositions ALTON STEEL INC: Bick FLSA Suit Transferred to S.D. Illinois AMAZON.COM INC: Parties Seek More Time to File TAC Response AMERICAN AIRLINES: Class Cert Bid Filing Stayed ARDIAN CORP: Avila Seeks to Certify Class of Non-exempt Employees ARS NATIONAL: Smith Files FDCPA Suit in S.D. Texas ARTICHOKE PIZZA: Ayala Sues Over Unpaid Overtime Wages ASPIRUS INC: Plaintiffs Must Serve Response to 2nd Interrogatories ATKORE INC: Baumeister Sues Over Conspiracy to Fix Prices AVATAR PROPERTIES: Appeals Ruling in Gundel Civil Rights Suit BALLY'S CORPORATION: Day Sues Over Unpaid Minimum, Overtime Wages BANK OF AMERICA: Class Action Settlement in Aseltine Gets Final Nod BANK OF AMERICA: Settlement Class Wins Certification BARRETT FINANCIAL: Bid to Stay Briefing on Conditional Status OK'd BBB QUAIL ROOST: Pardo Sues Over Discriminative Property BEIERSDORF INC: Bid to Vacate Class Cert Filing Deadline Tossed BRIGHT VOLUNTEER: King Sues Over Unpaid Overtime Wages CALIFORNIA PHYSICIANS: Wasserman Sues Over Failure to Secure PII CAPITAL ONE SERVICES: Fierbaugh Sues Over Failure to Pay Overtime CARLOTZ INC: Jan. 24, 2025 Filing of Settlement Initial OK Sought CARMAX AUTO: Maya Suit Removed to D. Nevada CENTER FOR VEIN: Cameron Sues Over Failure to Safeguard Info CENTER FOR VEIN: Conrad Sues Over Failure to Secure PII & PHI CENTER FOR VEIN: Kelley Sues Over Unauthorized Access of Info CENTERSPACE LP: Settlement Deal in Hall Gets Final Nod CHEESECAKE FACTORY: Kirkpatrick Sues Over Failure to Pay Wages CHRYSLER PACIFICA: Class Cert Bid Filing Extended to Feb. 7, 2025 CLAVEL CORP: Blind Users Can't Access Website, Knowles Says CONNECTONCALL.COM LLC: Faces Lawson Suit Over Compromised Info COTY DTC: Faces Jackson Suit Over Blind's Equal Access to Website COURIAL INC: Becerra Files Suit in Cal. Super. Ct. CRST EXPEDITED: Scheduling Order Entered in Kelchner Class Suit DAKOTA COUNTY, MN: Nelson Files Suit in D. Minnesota DONG BANG: Lee Bid for Class Certification Terminated DOTDASH MEDIA: Discloses Medical Info to 3rd Party, Maghoney Claims FARMERS UNION HOSPITAL: Andrade Suit Removed to W.D. Oklahoma FARMERS UNION HOSPITAL: Baldwin Suit Removed to W.D. Oklahoma FARMERS UNION HOSPITAL: Evans Suit Removed to W.D. Oklahoma FIELDWORKS LLC: Class Settlement in Swans Suit Gets Final Nod GLAXOSMITHKLINE: Class Settlement in Moore Suit Gets Final Nod HACKENSACK MERIDIAN: Must Serve Opposition by Feb. 10, 2025 HERTZ CORPORATION: Class Cert Bid Filing Extended to April 8, 2025 HOBBY LOBBY: Faces Johnson Suit Over Stores' False Reference Prices HP INC: Class Action Settlement in MEHC Suit Gets Initial Nod INVESTMENTS MANAGEMENT: Salcedo Files Discrimination Class Action JACK HENRY: Class Cert Filing in Lacrosse Amended to Oct. 3, 2025 KATAPULT HOLDINGS: Class Settlement in McIntosh Gets Final Nod KEESAL YOUNG: Fails to Secure Personal Info, Orlando Says KEESAL YOUNG: Rosenberg Slams Failure to Protect Personal Info KERN COUNTY, CA: Rice Sues Over Failure to Pay Overtime Wages L COZY NAILS: Fernandez Seeks Unpaid Wages for Nail Salon Staff LIPPERT COMPONENTS: Settlement in Gates Gets Initial Nod LOANDEPOT.COM LLC: Bid to Bifurcate Discovery in Colonna OK'd LOS ANGELES, CA: Jones Suit Seeks Social Workers' Unpaid Overtime LOVESAC CO: Settlement Class in Gutknecht Gets Final Certification LTN GLOBAL: Reed Suit Seeks Unpaid Wages for Audio Specialists MARIANA LOTERSTEIN: Jones Seeks to Certify Class of Inmates MDL 2989: Defendants Seek Arbitration of Remaining Actions MDL 2992: Bid to File Exhibits Under Seal in Unemployment Suit OK'd MDL 3032: Fact Discovery in Antitrust Suit Extended to April 2025 MDL 3128: Kristy Kelly Appointed as Class Counsel in Lending Suit MERIDIAN SENIOR: Court Junks Bid to Approve Settlement MGP INGREDIENTS: Faces Pension Fund Suit Over Drop of Stock Price MISSION CEVICHE: Bid to Extend Discovery Deadline Nixed MONTEREY MECHANICAL: Carrillo Labor Suit Removed to N.D. Calif. MORTGAGE RESEARCH: Bid to Stay Discovery Tossed as Moot MOSQUITO SQUAD: Bid for Initial OK of Settlement Tossed NASHVILLE COUNTY, TN: Class Cert. Bid Filing Extended NATROL LLC: Yamasaki Seeks to Certify Class of California Consumers NATURE'S PATH: Frye EPOA Suit Removed to W.D. Wash. NORTHWELL HEALTH: Class Cert Bid Filing Held in Abeyance NUSCALE POWER: Must File Class Cert Response by Jan. 6, 2025 PACIFIC MARITIME: Class Cert Bid Filing in Fowler Due May 23, 2025 PANERA LLC: Initial Disclosures in Cissokho Due Jan. 3, 2025 PARTS AUTHORITY: Seeks More Time to File Class Cert Response PF CALI: Proposed Class Certification Briefing Schedule Nixed PHREESIA INC: Fails to Protect Personal Info, Gerber Suit Says PIH HEALTH: Camberos Sues Over Unauthorized Access of Info PINAR DEL RIO: Property Not Disabled-Friendly, Brito Says PLACE FOR MOM: Falsely Advertises Senior Communities, Cedar Claims PREMIER LAW: Class Cert Hearing in Goldovsky Set for Feb. 4, 2025 RICKY DIXON: Class Cert Response Extended to Jan. 17, 2025 SAFEWAY CONSTRUCTION: Class Settlement in Amigon Gets Initial Nod SAFEWAY CONSTRUCTION: Class Settlement in Egan Gets Initial Nod SECRETLAB US: Class Certification Bid in Nugent Due May 29, 2025 SKY CLIMBER: Court Conditionally Certifies Olmedo Class Action SOUTH CAROLINA: Has Until Jan. 13, 2025 to Serve Responses STONECO LTD: Parties Must File Joint Status Letter by Jan. 31, 2025 STREETTEAM SOFTWARE: Court Certifies Class & Subclasses in Ulmer TRUMBULL INSURANCE: Fails to Pay Full ACV to Insureds, Suit Claims TTEC SERVICES: Parties Seeks More Time to File Class Cert. Response UNITED BEHAVIORAL: Seeks to Decertify Health Plan Class in Jones UNIVERSITY OF SAN FRANCISCO: Giarratano Seeks to Seal Exhibits VAXART INC: Bids to Seal Class Cert. Docs Tossed WALSWORTH PUBLISHING: Pearce Sues Over Unprotected Personal Info WEBMD LLC: Bid to Strike Expert Report Partly OK'd WHATABURGER RESTAURANTS: Esquivel Appeals ERISA Suit Dismissal WHOLE FOODS: Seeks to Modify Class Certification Briefing Schedule WIPRO LIMITED: McLean Bid for Leave to File SAC Partly OK'd ********* 36 S OXFORD: Cox Brings Appeal to N.Y. Appellate Division --------------------------------------------------------- JANAH COX, et al. have filed an appeal in the lawsuit entitled Janah Cox, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. 36 S. Oxford St., LLC, et al., Defendants, Case No. 158487/2023, in the lower court of New York. The appellate case is captioned Janah Cox, et al. vs. 36 S. Oxford St., LLC et al., Case No. 24-07470, in the First Judicial Department, New York Appellate Division, filed on December 10, 2024. The case type is stated as Civil Action - General.[BN] Plaintiffs-Petitioners JANAH COX, et al., on behalf of themselves and all others similarly situated, are represented by: Roger Alan Sachar, Esq. NEWMAN FERRARA LLP 1250 Broadway, 27th Floor New York, NY 10001 Telephone: (212) 619-5400 Email: rsachar@nfllp.com 3M COMPANY: Wins Summary Judgment v. Johnson --------------------------------------------- In the class action lawsuit captioned as JARROD JOHNSON, on behalf of himself and others similarly situated, v. 3M COMPANY, et al., Case No. 4:20-cv-00008-AT (N.D. Ga.), the Hon. Judge Amy Totenberg entered an order granting summary judgment in Defendants' favor. As the Court's ruling is based on the justiciability principles of standing and mootness, the Plaintiff's request for injunctive relief is dismissed without prejudice. Although the Court has ruled on this issue of injunctive relief, issues related to damages associated with past PFAS-related rate surcharges and attorneys' fees and costs remain outstanding. Lead counsel for the parties are directed to confer with the Special Master to discuss how they would like to proceed with the litigation of the remaining monetary issues in this case, including Plaintiff's (and the putative class members') request for damages associated with water surcharges, as well as attorneys' fees. The parties should discuss what motions remain that require Court resolution, if any. 22 After speaking with the parties, the Special Master shall provide a status report to the Court within 21 days of this Order. The Court concludes that Plaintiff himself has not suffered a concrete, particularized injury that would be redressable by comprehensive remediation of the Dalton LAS. The suit is a complex environmental case involving the discharge of PFAS, also known as "forever chemicals," into the Conasauga River, upstream from the city of Rome's drinking water supply. Plaintiff Jarrod Johnson, a resident of Rome, brings claims against Defendants for their actions in contributing to the alleged unlawful discharges of PFAS. In filing this lawsuit, Plaintiff seeks both money damages and significant injunctive relief -- specifically injunctive relief in the form of $850 million for remediation of the Dalton Land Application System ("LAS") which is upstream of Rome, Georgia and adjacent to the Conasauga River. 3M manufactures and distributes products, including building materials, adhesives, and medical and home cleaning supplies. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=b0B8DN at no extra charge.[CC] 919 109TH: Class Cert Bid Filing Due Sept. 8, 2025 -------------------------------------------------- In the class action lawsuit captioned as ANDREWS REVOCABLE TRUST, et al., v. 919 109TH AVENUE OWNER, Case No. 2:24-cv-01672-RSM (W.D. Wash.), the Hon. Judge Ricardo Martinez entered an Rule 16(B) and Rule 23(D)(2) scheduling order regarding class certification motion: Class certification discovery cut-off: July 7, 2025 Deadline for Plaintiffs to file motion for Sept. 8, 2025 class certification: Opposition to Motion to Certify Class: Sept. 22, 2025 Reply in Support of Motion to Certify Class: Sept. 29, 2025 Hearing on Motion to Certify Class: To be set by the Court after briefing completed A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FcnKLK at no extra charge.[CC] A-TOTAL PLUMBING: Rodak Sues Over Unpaid Overtime Compensation -------------------------------------------------------------- Patience Rodak, on behalf of herself and others similarly situated v. A-TOTAL PLUMBING LLC, a Georgia Domestic Limited Liability Company, and ACE HARDWARE CORPORATION, a Foreign Profit Corporation, Case No. 4:24-cv-00300-WMR (N.D. Ga., Dec. 19, 2024), is brought against the Defendants for unpaid overtime compensation, retaliation and other relief under the Fair Labor Standards Act (the "FLSA"). The Plaintiffs were non-exempt employees entitled to overtime pay if they worked more than 40 hours per week. The Plaintiffs were eligible to earn overtime if they worked more than 40 hours within a work week. The Plaintiffs were required to work on-call shifts and sign a contract for these shifts. The Plaintiffs didn't receive proper payment for the on-call shifts worked. The Defendants informed the Plaintiffs that the wage calculation methods were established by Defendant Ace's former owner and operator, and that Defendants had no plans to change these methods. The Defendants' failure and/or refusal to properly compensate Plaintiffs at the rates and amounts required by the FLSA was willful. The Defendants allegedly investigated Plaintiffs' claims but failed to provide Plaintiffs with their unpaid wages, says the complaint. The Plaintiffs are former dispatchers who worked for the Defendants. A-TOTAL PLUMBING LLC is a Georgia Domestic Limited Liability Company.[BN] The Plaintiff is represented by: Joseph R. Rose, Esq. GIBSON, DUNN & CRUTCHER LLP One Embarcadero Center, Suite 2600 San Francisco, CA 94111-3715 Phone: 415.393.8277 Facsimile: 415.374.8422 Email: jrose@gibsondunn.com ABBOTT LABORATORIES: Medina Suit Removed to N.D. Illinois --------------------------------------------------------- The case is styled as Sharita Medina, John Williams, individually and on behalf of all others similarly situated v. ABBOTT LABORATORIES EMPLOYEES CREDIT UNION, Case No. 2024LA00000830 was removed from the Circuit Court of Lake County, Illinois, to the U.S. District Court for the Northern District of Illinois on Dec. 19, 2024. The District Court Clerk assigned Case No. 1:24-cv-13081 to the proceeding. The nature of suit is stated Other P.I. Abbott Laboratories -- https://www.alecu.org/ -- is an Employee's Credit Union, helping thousands of people make sensible decisions for their long term success.[BN] The Plaintiffs appear pro se. The Defendant is represented by: Dmitry Shifrin, Esq. POLSINELLI PC 150 N. Riverside Plaza, Suite 3000 Chicago, IL 60606 Phone: (312) 463-6325 Email: dshifrin@polsinelli.com ABC LEGAL SERVICES: Bushek Sues Over Failure to Protect PII ----------------------------------------------------------- Teresa Bushek, individually and on behalf of all others similarly situated v. ABC LEGAL SERVICES, LLC, Case No. 2:24-cv-02117 (W.D. Wash., Dec. 20, 2024), is brought against ABC for its negligent failure to protect and safeguard Plaintiff's and the Class's highly sensitive personally identifiable information ("PII") culminating in a massive and preventable data breach (the "Data Breach" or "Breach"). As a result of ABC's insufficient data security, cybercriminals easily infiltrated ABC's inadequately protected computer systems and stole the PII of Plaintiff and the Class (approximately 39,965 individuals). On August 7, 2024, ABC detected unusual activity on its network environment. After learning of the issue ABC initiated an investigation. The investigation revealed that certain files were likely taken from its network, including the PII of Plaintiff and the Class. The Plaintiff and the Class Members (as further defined below) have had their personally identifiable information stolen as a result of ABC's inadequately secured computer network. ABC betrayed its obligations to Plaintiff and the other Class Members by failing to properly safeguard and protect their PII, thereby enabling cybercriminals to steal their valuable and sensitive information. For the rest of their lives, Plaintiff and the Class Members will have to deal with the danger of identity thieves possessing and misusing their PII. Plaintiff and Class Members will have to spend time responding to the Breach and are at an immediate and heightened risk of all manners of identity theft as a direct and proximate result of the Data Breach. Plaintiff and Class Members have incurred and will continue to incur damages in the form of, among other things, identity theft, attempted identity theft, lost time and expenses mitigating harms, increased risk of harm, damaged credit, deprivation of the value of their PII, and/or additional damages, says the complaint. The Plaintiff received a Notice of Data Breach letter. ABC provides legal solutions in the United States, including service of process, e-filing, skip tracing, appearance counsel, and venue selection.[BN] The Plaintiff is represented by: Raina C. Borrelli, Esq. STRAUSS BORRELLI PLLC 980 N Michigan Avenue, Suite 1610 Chicago IL, 60611 Phone: (872) 263-1100 Facsimile: (872) 263-1109 Email: raina@straussborrelli.com - and - William B. Federman, Esq. Kennedy M. Brian, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Phone: (405) 235-1560 Facsimile: (405) 239-2112 Email: wbf@federmanlaw.com kpb@federmanlaw.com ABM INDUSTRY: Williams Suit Removed to E.D. California ------------------------------------------------------ The case styled as Curtis Williams, individually and on behalf of all others similarly situated v. ABM INDUSTRY GROUPS, LLC, a Delaware Limited Liability Company; ABM INDUSTRIES, INC., a Delaware Corporation; and DOES 1 through 20, inclusive, Case No. 24CV023944 was removed from the Superior Court of the State of California for the County of Sacramento, to the United States District Court for the Eastern District of California on Dec. 20, 2024, and assigned Case No. 2:24-cv-03665-SCR. The Plaintiff alleges the following causes of action against Defendants on behalf of himself and the putative class: Failure to Pay Minimum Wages; Failure to Pay Overtime Wages; Failure to Provide Meal Periods; Failure to Permit Rest Breaks; Failure to Reimburse Business Expenses; Failure to Provide Accurate Itemized Wage Statements; Failure to Pay All Wages Timely During Employment; Failure to Pay All Wages Due Upon Separation of Employment; and Violation of Business and Professions Code.[BN] The Defendants are represented by: Laura Fleming, Esq. Amy R. Patton, Esq. Kathryn M. Querner, Esq. PAYNE & FEARS LLP Attorneys at Law 4 Park Plaza, Suite 1100 Irvine, CA 92614 Phone: (949) 851-1100 Facsimile: (949) 851-1212 Email: lf@paynefears.com arp@paynefears.com kmq@paynefears.com ALLSTATE INSURANCE: Canchola Can Take More Than 10 Depositions -------------------------------------------------------------- In the class action lawsuit captioned as JASIBEL CANCHOLA, et al., v. ALLSTATE INSURANCE COMPANY, Case No. 8:23-cv-00734-FWS-ADS (C.D. Cal.), the Hon. Judge Jasibel Canchola entered an order granting the Plaintiffs' motion for leave to take more than 10 depositions. The Court finds the motion appropriate for decision without a hearing. In this case, the Plaintiffs and putative class members assert a single cause of action against the Defendant under California Labor Code. Allstate offers home, auto, commercial, farm, life, health, recreational vehicle, and other personal insurance services. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=qd3Yek at no extra charge.[CC] ALTON STEEL INC: Bick FLSA Suit Transferred to S.D. Illinois ------------------------------------------------------------ The case is styled as Michael Bick, and all others similarly situated, Petitioner v. Alton Steel, Inc., Respondent, Case No. 1:24-cv-11187 was removed from the U.S. District Court for the Northern District of Illinois, to the U.S. District Court for the Southern District of Illinois on Dec. 20, 2024. The District Court Clerk assigned Case No. 3:24-cv-02660-GCS to the proceeding. The lawsuit is brought over alleged violation of the Fair Labor Standards Act. Alton Steel -- https://www.altonsteel.com/ -- is a steel manufacturer, based in Alton, Illinois.[BN] The Plaintiff is represented by: Jesse Lee Young, Esq. SOMMERS SCHWARTZ, P.C. 141 East Michigan Avenue, Suite 600 Kalamazoo, MI 49007 Phone: (269) 250-7500 The Defendant is represented by: Thomas E. Berry, Jr., Esq. JACKSON LEWIS P.C. 1 N. Brentwood Blvd., Ste. 1150 Clayton, MO 63105 Phone: (314) 746-4807 Fax: (314) 827-3940 Email: tom.berry@jacksonlewis.com - and - Alexander Scott Dahle, Esq. JACKSON LEWIS, P.C. 150 North Michigan Avenue, Suite 2500 Chicago, IL 60601 Phone: (518) 512-8715 AMAZON.COM INC: Parties Seek More Time to File TAC Response ----------------------------------------------------------- In the class action lawsuit captioned as JENNIFER MILLER, EMAD AL-KAHLOUT, HAMADY BOCOUM, CHRISTOPHER CAIN, GARY GLEESE, JOSE GRINAN, KIMBERLY HALO, CLARENCE HARDEN, KELLY KIMMEY, JUMA LAWSON, STEVEN MORIHARA, SHARON PASCHAL, and PHILIP SULLIVAN, on behalf of themselves and all others similarly situated, v. AMAZON.COM, INC., and AMAZON LOGISTICS, INC., Case No. 2:21-cv-00204-BJR (W.D. Wash.), the Parties ask the Court to enter an order extending: (1) Defendants' deadline to respond to Plaintiffs' Third Amended Class Action Complaint (TAC) from Dec. 26, 2024, to Jan. 31, 2025, and (2) the Class Certification Discovery Cutoff from Feb. 14, 2025, to March 14, 2025. On Dec. 11, 2024, the Defendants consented to leave to file, and Plaintiffs filed the TAC. The Defendants' response to the TAC is currently due Dec. 26, 2024. The Parties have conferred and agree that additional time is warranted for Defendants to respond to the TAC. The Parties have agreed to extend the Defendants' deadline to respond to the TAC to Jan. 31, 2025. Amazon.com is an online retailer that offers a wide range of products. A copy of the Parties' motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=OqX4Gz at no extra charge.[CC] The Plaintiffs are represented by: Beth E. Terrell, Esq. Toby J. Marshall, Esq. Jennifer Rust Murray, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103 Telephone: (206) 816-6603 Facsimile: (206) 319-5450 E-mail: bterrell@terrellmarshall.com tmarshall@terrellmarshall.com jmurrary@terrellmarshall.com - and - Hillary Schwab, Esq. Brant Casavant, Esq. FAIR WORK, P.C. 192 South Street, Suite 450 Boston, MA 02111 Telephone: (617) 607-3260 Facsimile: (617) 488-2261 E-mail: hillary@fairworklaw.com brant@fairworklaw.com - and - Andrew R. Frisch, Esq. Paul M. Botros, Esq. MORGAN & MORGAN, P.C. 8151 Peters Road, Suite 4000 Plantation, FL 33324 Telephone: (954) WORKERS E-mail: AFrisch@forthepeople.com pbotros@forthepeople.com The Defendant is represented by: Andrew DeCarlow, Esq. MORGAN, LEWIS & BOCKIUS LLP 1301 Second Avenue, Suite 3000 Seattle, WA 98101 Telephone: (206) 274-6400 E-mail: andrew.decarlow@morganlewis.com - and - Walter F. Brown, Esq. Shawn M. Estrada, Esq. Marco A. Torres, Esq. Amy L. Barton, Esq. Matthew P. Merlo, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 535 Mission Street, 24th Floor San Francisco, CA 94105 Telephone: (628) 432-5100 Facsimile: (628) 232-3101 E-mail: wbrown@paulweiss.com sestrada@paulweiss.com mtorres@paulweiss.com abarton@paulweiss.com mmerlo@paulweiss.com AMERICAN AIRLINES: Class Cert Bid Filing Stayed ----------------------------------------------- In the class action lawsuit captioned as Skylar Hartwig, v. American Airlines Incorporated, Case No. 2:23-cv-00696-SMB (D. Ariz.), the Hon. Judge Susan Brnovich entered an order staying the deadline to file a Rule 23 Motion for Class Certification. American Airlines is a major airline in the United States headquartered in Fort Worth, Texas. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=3HXfqT at no extra charge.[CC] ARDIAN CORP: Avila Seeks to Certify Class of Non-exempt Employees ----------------------------------------------------------------- In the class action lawsuit captioned as Avila v. Ardian Corp. d/b/a Taverna Kyclades, et al., Case No. 1:18-cv-04795-FB-TAM (E.D.N.Y.), the Plaintiff asks the Court to enter an order certifying a class on behalf of: "All current and former non-exempt employees, including cooks, food preparers, dishwashers, cashiers, hosts/hostesses, porters, bartenders, barbacks, servers, runners, bussers and delivery persons employed by Defendants at the three Restaurants on their New York Labor Law ("NYLL") claims." The Court previously denied Plaintiff's Motion for Class Certification on Aug. 16, 2022. Since then, Defendants have produced voluminous class-wide discovery and are continuing to supplement this production. These records are more than sufficient to satisfy class certification of Plaintiff's New York Labor Law ("NYLL") claims. Ardian operates as a private equity firm. The Company invests in transport, health care, life science, and technology sectors. A copy of the Plaintiff's motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=5tW8bC at no extra charge.[CC] The Plaintiff is represented by: C.K. Lee, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Telephone: (212) 465-1180 Facsimile: (212) 465-1181 E-mail: info@leelitigation.com ARS NATIONAL: Smith Files FDCPA Suit in S.D. Texas -------------------------------------------------- A class action lawsuit has been filed against ARS NATIONAL SERVICES, INC. The case is styled as Crystal Smith, individually and on behalf of all others similarly situated v. ARS NATIONAL SERVICES, INC., Case No. 4:24-cv-05030 (S.D. Tex., Dec. 20, 2024). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. ARS National Services, Inc. -- https://www.arsnational.com/ -- is a proven leader in the accounts receivable management industry.[BN] The Plaintiff is represented by: Yitzchak Zelman, Esq. MARCUS ZELMAN, LLC 701 Cookman Avenue, Suite 300 Asbury Park, NJ 07712 Phone: (845) 367-7146 Email: yzelman@marcuszelman.com ARTICHOKE PIZZA: Ayala Sues Over Unpaid Overtime Wages ------------------------------------------------------ Yesis Neftali Ayala, on behalf of himself, individually, and on behalf of all others similarly-situated v. ARTICHOKE PIZZA MANAGEMENT LLC, d/b/a ARTICHOKE BASILLE'S PIZZA, and ARTICHOKE 39, LLC, d/b/a ARTICHOKE BASILLE'S PIZZA, and ARTICHOKE BUSHWICK, LLC, d/b/a ARTICHOKE BASILLE'S PIZZA, and ARTICHOKE BAY RIDGE, LLC, d/b/a ARTICHOKE BASILLE'S PIZZA, and ARTICHOKE PARK SLOPE LLC, d/b/a ARTICHOKE BASILLE'S PIZZA, and FRANCIS, Case No. 1:24-cv-09814 (S.D.N.Y., Dec. 19, 2024), is brought for damages and other redress based upon willful violations that Defendants committed of Plaintiff's rights guaranteed to him by: the overtime provisions of the Fair Labor Standards Act ("FLSA"), the overtime provisions of the New York Labor Law ("NYLL"), N.Y. Comp. Codes R. & Regs. ("NYCRR"). The Defendants willfully failed to pay Plaintiff the overtime wages lawfully due to him under the FLSA and the NYLL. Specifically, throughout his employment, Defendants required Plaintiff to work, and Plaintiff did work, in excess of forty hours each workweek, or virtually each week, yet in exchange, Defendants paid Plaintiff on an hourly basis at his regular rate of pay for all of the hours that Plaintiff worked in a week, and thus Defendants did not pay Plaintiff at the rate of one and one-half times his regular rates of pay for those hours that Plaintiff worked in a week in excess of forty, says the complaint. The Plaintiff worked for Defendants as a non-managerial kitchen staff worker from October 2018 until October 25, 2023. The Defendant are five legally distinct limited liability companies that together operate as a single integrated enterprise to run at least four pizzerias in Manhattan and Brooklyn, and the enterprise's owners and day-to-day overseers.[BN] The Plaintiff is represented by: Andrew C. Weiss, Esq. Alexander T. Coleman Esq. Michael J. Borrelli, Esq. BORRELLI & ASSOCIATES, P.L.L.C. 910 Franklin Avenue, Suite 205 Garden City, NY 11530 Phone: (516) 248-5550 Fax: (516) 248-6027 Email: raina@straussborrelli.com ASPIRUS INC: Plaintiffs Must Serve Response to 2nd Interrogatories ------------------------------------------------------------------ In the class action lawsuit captioned as TEAM SCHIERL COMPANIES and HEATLAND FARMS, INC., v. ASPIRUS, INC. and ASPIRUS NETWORK, INC., Case No. 3:22-cv-00580-jdp (W.D. Wis.), the Hon. Judge Anita Marie Boor entered an order that: 1. Defendants' motion to compel production, is granted in part and denied in part. 2. Plaintiffs must serve responses to Defendants' second set of interrogatories, nos. 1–4, 6, 7, and 11–22, within thirty days of this order. Because the requested information is irrelevant to the claims, defenses, and class certification in this case, the court denies the portion of defendants' motion related to plaintiffs' law firm's funding arrangements. Given the nature of this case and the sufficient time remaining for plaintiffs to respond to defendants' requests, the court GRANTS the portion of the defendants' motion seeking responses to their second sets of interrogatories. Plaintiffs must answer the second sets within thirty days of the court's order. Both sides have had access to the same factual information and so are equally positioned to begin conducting expert analysis and drawing conclusions. For these reasons, defendants' motion seeking responses to their additional requests for admissions is DENIED The Plaintiffs allege that defendants have obtained a large share of the healthcare market in north-central Wisconsin through multiple kinds of anticompetitive conduct in violation of Sections 1 and 2 of the Sherman Act. The Plaintiffs Team Schierl Companies and Heartland Farms, Inc. are self-insured employers that purchase healthcare services from defendants Aspirus, Inc. and Aspirus Network, Inc. Aspirus is a non-profit, community-directed health system based in Wausau, Wisconsin. A copy of the Court's order dated Dec. 11, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=I9cjE5 at no extra charge.[CC] ATKORE INC: Baumeister Sues Over Conspiracy to Fix Prices --------------------------------------------------------- Dillon Baumeister, Scott Fluegge, Nelson Aviles, individually and on behalf of all others similarly situated v. ATKORE, INC.; CANTEX INC.; DIAMOND PLASTICS CORPORATION; IPEX USA LLC; PIPELIFE JETSTREAM, INC.; J-M MANUFACTURING COMPANY, INC. D/B/A JM EAGLE; NATIONAL PIPE & PLASTICS, INC.; NORTHERN PIPE PRODUCTS, INC.; OTTER TAIL CORPORATION; PRIME CONDUIT, INC.; SANDERSON PIPE CORPORATION; SOUTHERN PIPE, INC.; WESTLAKE CORPORATION; WESTLAKE PIPE & FITTINGS CORPORATION; VINYLTECH CORPORATION and OIL PRICE INFORMATION SERVICE, LLC, Case No. 1:24-cv-13127 (N.D. Ill., Dec. 20, 2024), is brought arising from Defendants' conspiracy to fix prices and overcharge Plaintiffs and the Classes for PVC Pipe of all applications ("PVC Pipes"). The Plaintiffs bring this civil antitrust action on behalf of themselves and the proposed Classes consisting of all persons or entities who purchased, for end use, PVC Pipe manufactured by a Defendant and sold through a reseller or distributor in the United States between January 1, 2021 and the present (the "Class Period"). During the Class Period, Plaintiffs allege that Defendants and their Co-conspirators, conspired and combined to fix, raise, maintain, and stabilize the price of PVC Pipe in the United States. Defendants did so by communicating through an information-exchange firm called Oil Price Information Service, LLC ("OPIS"), which enabled the Defendants to discuss and signal their pricing activities, gain access to standardized pricing data from their competitors, and collectively extract artificially inflated profits from their customers. OPIS went far beyond just facilitating the private and non-public sharing of information: OPIS served again and again as a conduit between the Converter Defendants, allowing them to communicate their intentions on pricing in furtherance of their antitrust conspiracy. The Defendants' anticompetitive actions widened the spread between the price that the Converter Defendants pay to manufacture PVC Pipe and the price at which they sold PVC Pipes, damaging Plaintiffs and the Classes. While the purchases made by Plaintiffs and members of the proposed Classes were for end use, their claims may be considered indirect claims or direct claims depending on the Court's eventual finding, after discovery, regarding the distributors' involvement in the conspiracy. Therefore, Plaintiffs bring this action on behalf of a nationwide class of end users who purchased from co-conspirator non converter resellers and thus have direct purchaser claims against Defendants for damages and injunctive relief under Section 1 of the Sherman Act, says the complaint. The Plaintiffs purchased PVC Pipe manufactured by one or more Defendants. Atkore, Inc. is a publicly traded Delaware corporation headquartered in Harvey, Illinois.[BN] The Plaintiff is represented by: Elizabeth A. Fegan, Esq. Kyle Jacobsen, Esq. FEGAN SCOTT LLP 150 South Wacker Drive, 24th Floor Chicago, IL 60606 Phone: (312) 741-1019 Fax: (312) 264-0100 Email: beth@feganscott.com kyle@feganscott.com - and - Frederick S. Longer, Esq. Keith J. Verrier, Esq. Austin B. Cohen, Esq. LEVIN, SEDRAN & BERMAN LLP 510 Walnut St # 500 Philadelphia, PA 19106 Phone: (877) 882-1011 Email: flonger@lfsblaw.com kverrier@lfsblaw.com acohen@lfsblaw.com - and - Michael A. London, Esq. Tate J. Kunkle, Esq. DOUGLAS AND LONDON, P.C. 59 Maiden Lane, 6th Floor New York, NY 10038 Phone: 212-566-7500 Facsimile: 212-566-7501 Email: mlondon@douglasandlondon.com tkunkle@douglasandlondon.com - and - J. Barton Goplerud, Esq. SHINDLER, ANDERSON, GOPLERUD & WEESE P.C. 5015 Grand Ridge Dr., Suite 100 West Des Moines, IA 50265 Email: goplerud@sagwlaw.com - and - Christopher T. Micheletti, Esq. Qianwei Fu, Esq. ZELLE LLP 555 12th Street, Suite 1230 Oakland, CA 94607 Phone: (415) 693-0700 Email: cmicheletti@zellelaw.com qfu@zellelaw.com - and - Mark K. Wasvary, Esq. MARK K. WASVARY, P.C. 2401 W. Big Beaver Rd., Ste. 100 Troy, MI 48084 Phone: (248) 649-5667 Facsimile: (248) 731-7313 - and - Michael J. Flannery, Esq. CUNEO GILBERT & LaDUCA, LLP Two CityPlace Drive St. Louis, MO 63141 Phone: (314) 226-1015 Facsimile: (202) 789-1813 Email: mflannery@cuneolaw.com - and - Brendan S. Thompson, Esq. Evelyn Riley, Esq. CUNEO GILBERT & LaDUCA, LLP 2445 M Street, N.W., Suite 740 Washington, D.C. 20037 Phone: (202) 789-3960 Facsimile: (202) 789-1813 Email: brendant@cuneolaw.com evelyn@cuneolaw.com AVATAR PROPERTIES: Appeals Ruling in Gundel Civil Rights Suit ------------------------------------------------------------- AVATAR PROPERTIES, INC. has filed an appeal in the lawsuit entitled Norman Gundel, et al., individually and on behalf of all others similarly situated, Plaintiffs, v. Avatar Properties, Inc., Defendant, Case No. 2017-CA-001446, in the Circuit Court for the Tenth Judicial Circuit, Polk County. The appellate case is captioned Avatar Properties, Inc. vs. Norman Gundel, William Mann, and Brenda N. Taylor, individually and on behalf of all similarly situated persons, Case No. 24-2593, in the Florida Sixth District Court of Appeal, filed on December 10, 2024. The case type is stated as Notice of Appeal (NOA) Final - Circuit Civil - Other.[BN] Plaintiffs-Appellees NORMAN GUNDEL, et al., individually and on behalf of all others similarly situated, are represented by: J. Daniel Clark, Esq. CLARK-MARTINO 3407 W. Kennedy Blvd. Tampa, FL 33609 Telephone: (813) 879-0700 Email: info@clarkmartino.com - and - Jay Carter Anderson, Esq. Harold Douglas Holder, III, Esq. BUSH ROSS PA 1801 North Highland Ave. Tampa, FL 33602 Telephone: (813) 204-6405 Facsimile: (813) 223-9620 - and - Kristin Ann Norse, Esq. Stuart Craig Markman, Esq. KYNES MARKMAN & FELMAN 100 S. Ashley Drive, Suite 1450 Tampa, Fl 33602 Telephone: (813) 229-1118 Facsimile: (813) 221-6750 - and - Matthew Alan Crist, Esq. MCINTYRE THANASIDES 1228 E. 7th Ave., Ste. 100 Tampa, FL 33605 Telephone: (813) 530-1000 - and - Kenneth George Turkel, Esq. TURKEL CUVA BARRIOS 100 N. Tampa St., Suite 1900 Tampa, FL 33602 Telephone: (813) 868-6163 Facsimile: (813) 834-9191 Email: kturkel@tcb-law.com - and - Samuel Joseph Salario, Jr., Esq. 4221 West Boy Scout Boulevard, Suite 1000 Tampa, FL 33607 - and - Jessica Leighann Slatten, Esq. Lawson Huck Gonzalez, PLLC 215 S. Monroe St., Ste. 320 Tallahassee, FL 32301 Telephone: (850) 825-4334 Email: jessica@lawsonhuckgonzalez.com - and - John Marc Tamayo, Esq. CAMPBELL, TROHN, TAMAYO, & ARANDA, P.A. 1701 South Florida Ave. Lakeland, FL 33803 Telephone: (863) 686-0043 Facsimile: (863) 616-1445 Defendant-Appellant AVATAR PROPERTIES, INC. is represented by: Steven Charles Dupr, Esq. D. Matthew Allen, Esq. Kevin Patrick McCoy, Esq. Alicia Raina Whiting Bozich, Esq. CARLTON FIELDS, P.A. 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, FL 33607 Telephone: (813) 223-7000 BALLY'S CORPORATION: Day Sues Over Unpaid Minimum, Overtime Wages ----------------------------------------------------------------- Laura Day, Tyler Kairys, and all others similarly situated v. BALLY'S CORPORATION, and DOVER DOWNS, INC. d/b/a BALLY'S DOVER CASINO RESORT, Case No. 1:24-cv-01393-UNA (D. Del., Dec. 19, 2024), is brought under the Fair Labor Standards Act (FLSA) against the Defendants because of Defendants' knowing, willful, and unlawful deprivation of Table Games Dealers' rights to minimum wages and overtime pay. The Defendants relied on a tip credit to pay Plaintiffs. For example, Defendants pay Plaintiff Day a rate of $6.40 per hour. Therefore, they relied on the tip credit to make up the $6.80 difference between that hourly rate and the $13.25 per hour Delaware state minimum wage rate. In other words, Defendants took a $6.80 per hour "tip credit" against their minimum wage obligations for Plaintiff Day. The Defendants take a similar tip credit against their minimum wage obligations for all Table Games Dealers who are similarly situated. The Plaintiffs and all others similarly situated regularly work over 40 hours in a workweek. When they do so, Defendants fail to compensate them "at a rate not less than one and one-half times the regular rate at which they are employed." By failing to properly calculate the regular rate of pay, and therefore the overtime rate, of Plaintiff Day and all others similarly situated, Defendants improperly and systematically deny them direct overtime compensation to which they are entitled, says the complaint. The Plaintiffs has been employed by Defendants in the position of Table Games Dealers. Dover Downs, Inc. d/b/a/ Bally's Dover Casino Resort is a casino located in Dover, Delaware.[BN] The Plaintiff is represented by: Claiborne S. Newlin, Esq. MARKOWITZ & RICHMAN Legal Arts Building 1225 King Street, Suite 804 Wilmington, DE 10801 Phone: 302-656-2308 Fax: 215-790-0668 Email: cnewlin@markowitzandrichman.com - and - Molly A. Elkin, Esq. Sarah M. Block, Esq. Rachel Lerner, Esq. McGILLIVARY STEELE ELKIN LLP 1101 Vermont Ave., NW, Suite 1000 Washington, DC 20005 Phone: (202) 833-8855 Fax: (202) 452-1090 Email: mae@mselaborlaw.com smb@mselaborlaw.com rbl@mselaborlaw.com BANK OF AMERICA: Class Action Settlement in Aseltine Gets Final Nod ------------------------------------------------------------------- In the class action lawsuit captioned as AARON ASELTINE, on behalf of himself and all others similarly situated, v. BANK OF AMERICA, N.A., Case No. 3:23-cv-00235-MOC-WCM (W.D.N.C.), the Hon. Judge Max Cogburn, Jr. entered an order granting final approval of class action settlement and awarding attorneys' fees and costs and service award. 1. This Court has jurisdiction over the subject matter of the Action and over all parties to the action, including all Settlement Class Members. 2. This Order incorporates the definitions in the Settlement Agreement and Release, and all capitalized terms used in this Order have the same meanings as set forth in that Agreement, unless otherwise defined herein. 3. The Notice provided to the Settlement Class in accordance with the Preliminary Approval Order was the best notice practicable under the circumstances, and constituted due and sufficient notice of the proceedings and matters set forth therein, to all persons entitled to notice. 4. The notice to government entities, as given, complied with 28 U.S.C. section 1715. 5. The Settlement (i) is in all respects fair, reasonable, and adequate to the Settlement Class, (ii) was the product of informed, arm’s-length negotiations among competent, able counsel, and (iii) was made based upon a record that is sufficiently developed and complete to have enabled the Parties to adequately evaluate and consider their positions. In finding the Settlement fair, reasonable, and adequate, the Court has also considered (1) that there were no objections to the Settlement, (2) the small number of opt-outs, indicating an overwhelming positive reaction from the Settlement Class, and (3) the opinion of competent counsel concerning such matters. 6. The Class Representative and Class Counsel have fairly and adequately represented and will continue to adequately represent and protect the interests of Settlement Class Members in connection with the Settlement. 7. The appointment of the Plaintiff Aaron Aseltine as Class Representative is affirmed. 8. The appointment of Jeff Ostrow and Jonathan Streisfeld of Kopelowitz Ostrow P.A.; Sophia Gold of KalielGold PLLC; and David Wilkerson of The Van Winkle Law Firm as Class Counsel is affirmed. 9. The Court affirms the finding that the Settlement Class meets the relevant requirements of Fed. R. Civ. P. 23(a) and (b)(3) for purposes of the Settlement. 10. Class Counsel is awarded attorneys' fees in the amount of $7,000,000.00 and costs in the amount of $27,035.81, such amounts to be paid from the Settlement Fund in accordance with the terms of the Settlement Agreement. 11. The Class Representative is awarded a Service Award of $5,000.00, such amount to be paid from the Settlement Fund in accordance with the terms of the Settlement Agreement. Bank of America offers saving and current account, housing and auto loans, and online banking. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=fKVV8Z at no extra charge.[CC] BANK OF AMERICA: Settlement Class Wins Certification ---------------------------------------------------- In the class action lawsuit RE: EUROPEAN GOVERNMENT BONDS ANTITRUST LITIGATION, Case No. 1:19-cv-02601-VM-SN (S.D.N.Y.), the Hon. Judge Victor Marrero entered an order granting class Certification for settlement purposes: -- Pursuant to Rule 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, and based on the record before the Court, the Court certifies, for the purposes of settlement only the following Settlement Class: "All persons or entities who or which purchased or sold one or more European Government Bond(s) in the United States directly from a Defendant, Deutsche Bank, or Rabobank, or a direct or indirect parent, subsidiary, affiliate, or division of a Defendant, Deutsche Bank, or Rabobank, or any of their alleged co- conspirators, from Jan. 1, 2005 through Dec. 31, 2016." Excluded from the Settlement Class are: Defendants, Deutsche Bank, and Rabobank, and any of their alleged co-conspirators; past and present direct or indirect parents (including holding companies), subsidiaries, affiliates, associates, or divisions of Defendants, Deutsche Bank, and Rabobank, and any of their alleged co- conspirators; the United States government; and any judicial officer presiding over this Action and the members of his or her immediate family and judicial staff and any juror assigned to this Action; provided, however, that Investment Vehicles shall not be excluded from the definition of "Settlement Class" or "Class." Also excluded from the Settlement Class is any person or entity who or which properly excludes himself, herself, or itself by filing a valid and timely request for exclusion in accordance with the requirements set forth in the Notice and whose request is accepted by the Court. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=XtFlQR at no extra charge.[CC] BARRETT FINANCIAL: Bid to Stay Briefing on Conditional Status OK'd ------------------------------------------------------------------ In the class action lawsuit captioned as Jennifer Blair, v. Barrett Financial Group LLC, Case No. 2:24-cv-03157-DJH (D. Ariz.), the Hon. Judge Diane Humetewa entered an order granting Barrett's unopposed motion to stay briefing on the Plaintiff's motion for conditional certification and motion to equitably toll the statute of limitations for opt-in plaintiffs. The Court further entered an order that if the Court denies defendant's motion to compel arbitration and/or motion to dismiss, Defendant shall file a response to the Motion to Certify Class no later than 14 days following the Court's Order. Barrett offers top local mortgage services. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=qvaV20 at no extra charge.[CC] BBB QUAIL ROOST: Pardo Sues Over Discriminative Property -------------------------------------------------------- Nigel Frank De La Torre Pardo, individually and on behalf of all other similarly situated v. BBB QUAIL ROOST PLAZA ASSOCIATES, INC.; and SAK PASE RESTAURANT "L.L.C" d/b/a SAK PASE RESTAURANT #2, Case No. 1:24-cv-25041-XXXX (S.D. Fla., Dec. 20, 2024), is brought for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act ("ADA") as a result of the Defendant's discrimination against the individual Plaintiff by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the commercial property and restaurant and bar business within the commercial property. Although over 30 years have passed since the effective date of Title III of the ADA, Defendants have yet to make their facilities accessible to individuals with disabilities. The Plaintiff found the commercial property and commercial restaurant business located within the commercial property to be rife with ADA violations. The Plaintiff encountered architectural barriers at the commercial property and commercial restaurant business located within the commercial property and wishes to continue his patronage and use of the premises. The Plaintiff has encountered architectural barriers that are in violation of the ADA at the subject Commercial Property and businesses located within the Commercial Property. The barriers to access at the Commercial Property, and businesses within, have each denied or diminished Plaintiff's ability to visit the Commercial Property and have endangered his safety in violation of the ADA. The barriers to access have likewise posed a risk of injury(ies), embarrassment, and discomfort to Plaintiff and others similarly situated. The Defendants have discriminated against the individual Plaintiff by denying him access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations of the Commercial Property and business located therein, says the complaint. The Plaintiff uses a wheelchair to ambulate. BBB QUAIL ROOST PLAZA ASSOCIATES, INC., owned and operated a commercial property.[BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, Fl 33134 Phone: (305) 553-3464 Primary Email: bvirues@lawgmp.com Secondary Emails: amejias@lawgmp.com jacosta@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL, 33155 Phone: (305) 350-3103 Email: ramon@rjdiegolaw.com BEIERSDORF INC: Bid to Vacate Class Cert Filing Deadline Tossed --------------------------------------------------------------- In the class action lawsuit captioned as JESSICA SAHAGUN and EGYPT WISHUM, on behalf of themselves, all others similarly situated, and the general public, v. BEIERSDORF, INC., a Delaware Corporation, Case No. 2:24-cv-09861-RGK-SSC (C.D. Cal.), the Hon. Judge R. Gary Klausner entered an order denying stipulation to vacate deadline to file motion for class certification. Beiersdorf, Inc. manufactures skin and beauty care products. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=4UvMi1 at no extra charge.[CC] BRIGHT VOLUNTEER: King Sues Over Unpaid Overtime Wages ------------------------------------------------------ Jacob Michael King, on behalf of himself and all other similarly situated employees, known and unknown v. BRIGHT VOLUNTEER FIRE COMPANY INC., an Indiana domestic non-profit corporation, Case No. 1:24-cv-02248-JRS-MKK (S.D. Ind., Dec. 20, 2024), is brought under the Fair Labor Standards Act ("FLSA"), as a result of the defendant's failure to pay the plaintiff and other similarly situated employees of the Defendant (the "Collective Class") time and one-half compensation for the overtime hours (in excess of 40 in any given week) they were mandated to work. The Plaintiff and the Collective Class were required to work overtime hours as dictated by the operational needs of the Defendant, without receiving the legally mandated overtime compensation, despite their status as employees with a clear expectation of such pay. The Defendant has engaged in a pattern or practice of failing to pay overtime compensation to the Plaintiff and the members of the Collective Class, in violation of the FLSA. Despite the clear applicability of the FLSA, the Defendant has willfully failed to compensate the Plaintiff and the Collective Class at the overtime rate of one and one-half times the regular rate of pay for hours worked in excess of forty per week, says the complaint. The Plaintiff was employed by the Defendant from July 2020 until his termination on August 5, 2024. The Defendant has been engaged in the business of providing emergency medical and firefighting services.[BN] The Plaintiff is represented by: Shaun R. Bushing, Esq. Roy P. Amatore, Esq. AMATORE & BUSHING 1157 W Newport Avenue, Suite K Chicago, IL 60657 Phone: 888-598-8861 Email: shaun@amatorebushing.com roy@amatorebushing.com CALIFORNIA PHYSICIANS: Wasserman Sues Over Failure to Secure PII ---------------------------------------------------------------- Ann Wasserman, individually and on behalf of all others similarly situated v. CALIFORNIA PHYSICIANS' SERVICE d/b/a BLUE SHIELD OF CALIFORNIA, Case No. 3:24-cv-09320 (N.D. Cal., Dec. 20, 2024), is brought against Defendant for its failure to secure and safeguard Plaintiff's and Class members' personally identifiable information ("PII") and personal health information ("PHI"), including names, Social Security numbers, dates of birth, and insurance policy and claims information. Between April 10, 2024 and April 13, 2024, an unauthorized individual or individuals accessed Young Consulting's network systems and downloaded files containing the PII/PHI of BSC's customers, including Plaintiff and Class members (the "Data Breach"). BSC promised Plaintiff and Class members that it, or the third parties it contracts and shares PII/PHI with, would implement and maintain reasonable and adequate security measures to secure, protect, and safeguard Plaintiff's and Class members' PII/PHI against unauthorized access and disclosure. BSC breached those promises by, inter alia, failing to, or sharing its customers' PII/PHI with third parties who failed to, implement and maintain reasonable security procedures and practices to protect Plaintiff's and Class members' PII/PHI from unauthorized access and disclosure. As a result of BSC's inadequate security and breach of their duties and obligations, the Data Breach occurred, and Plaintiff's and Class members' PII/PHI was accessed and disclosed. This action seeks to remedy these failings and their consequences. Plaintiff brings this action on behalf of herself and all persons whose PII/PHI was exposed as a result of the Data Breach, says the complaint. The Plaintiff received health insurance services from BSC. BSC is a nonprofit health plan and health insurance provider.[BN] The Plaintiff is represented by: April M. Strauss, Esq. APRIL M. STRAUSS, A PC 100 S Murphy Ave., Ste 200, PMB4006 Sunnyvale, CA 94086-6118 Phone: (408) 212-0023 Email: astrauss@sfaclp.co - and - Ben Barnow, Esq. BARNOW AND ASSOCIATES, P.C. 205 W. Randolph Street, Suite 1630 Chicago, IL 60606 Phone: (312) 621-2000 Email: b.barnow@barnowlaw.com CAPITAL ONE SERVICES: Fierbaugh Sues Over Failure to Pay Overtime ----------------------------------------------------------------- Anne Fierbaugh, on behalf of herself and all others similarly situated v. Capital One Services, LLC, Case No. 3:24-cv-00901 (E.D. Va., Dec. 20, 2024), is brought for unpaid overtime in violation of the Fair Labor Standards Act of 1938 ("FLSA") and the Virginia Overtime Wage Act ("VOWA") for Capital One's failure to pay overtime premiums to individuals it employs as non-managerial Learning Associates or Senior Learning Associates ("Learning Associates"). Capital One engages in a scheme which results in so-called "white collar misclassification" whereby it gives its employees a job title that makes their position sound more important than it is (such as Analyst, Consultant, Process Manager, Project Manager, or Senior Learning Associate), and which suggests that they pass one of the white collar "exemptions" to overtime laws. Capital One's Learning Associates are uniformly (mis)classified as "exempt" from overtime laws pursuant to Capital One's policies and pay plan. Capital One's work culture and job expectations are such that its white-collar employees are required or expected to work more than 40 hours every week (unless out on leave), meaning that Learning Associates are deprived of the overtime premiums that they are entitled to receive under federal and state laws. The Plaintiff seek unpaid overtime, liquidated damages, and attorneys' fees and costs arising out of the Defendant's FLSA violations (the "putative FLSA Collective"). Plaintiff also brings claims under VOWA for failure to pay overtime on behalf of a putative class of similarly situated current or former non-managerial Learning Associates who are or have been employed in Virginia, says the complaint. The Plaintiff was hired by Capital One in 2012 and worked continuously until her termination on June 1, 2024. Capital One Services, LLC is a limited liability company.[BN] The Plaintiff is represented by: Craig Juraj Curwood, Esq. Harris D. Butler, III, Esq. Zev Antell, Esq. Samantha R. Galina, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Ste. 302 Richmond, VA 23219 Phone: (804) 648-4848 Fax: (804) 237-0413 Email: craig@butlercurwood.com harris@butlercurwood.com zev@butlercurwood.com samantha@butlercurwood.com CARLOTZ INC: Jan. 24, 2025 Filing of Settlement Initial OK Sought ----------------------------------------------------------------- In the class action lawsuit RE CARLOTZ, INC. SECURITIES LITIGATION, Case No. 1:21-cv-05906-AS (S.D.N.Y.), the Hon. Judge Arun Subramanian entered an order granting parties' request as follows: -- The parties propose that Lead Plaintiff file a motion for preliminary approval of the settlement, which will include as an exhibit the parties' stipulation of settlement, by Jan. 24, 2025. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=BkD6pg at no extra charge.[CC] The Plaintiff is represented by: Kim E. Miller, Esq. KAHN SWICK & FOTI LLC 250 Park Avenue, 7th Floor New York, NY 10177 Telephone: (504) 455-1400 Facsimile: (504) 455-1498 E-mail: kim.miller@ksfcounsel.com CARMAX AUTO: Maya Suit Removed to D. Nevada ------------------------------------------- The case styled as Ruben Maya, on behalf of himself and all others similarly situated v. CARMAX AUTO SUPERSTORES, INC. and DOES 1 through 50, inclusive, Case No. A-24-906019-C was removed from the Eighth Judicial District Court of the State of Nevada, to the United States District Court for the District of Nevada on Dec. 20, 2024, and assigned Case No. 2:24-cv-02388. This lawsuit involves a dispute arising from Plaintiff employment with and separation from Defendant. The Plaintiff's Complaint asserts a distinct federal cause of action: Failure to Pay Overtime in Violation of the Fair Labor Standards Act ("FLSA"). Here, the First, Second, and Third Causes of Action – Failure to Pay Overtime in Violation of NRS 608.018; Breach of Contract – Failure to Pay Accrued Unused Vacation Time; and Failure to Timely Pay All Wages Due at Termination in Violation of NRS 608.020 et seq. relate to Plaintiff's employment with Defendant.[BN] The Defendants are represented by: Anthony L. Martin, Esq. Noel M. Hernandez, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10801 W. Charleston Blvd., Suite 500 Las Vegas, NV 89135 Phone: 702.369.6800 Fax: 702.369.6888 Email: anthony.martin@ogletreedeakins.com noel.hernandez@ogletreedeakins.com CENTER FOR VEIN: Cameron Sues Over Failure to Safeguard Info ------------------------------------------------------------ EDWARD CAMERON, individually and on behalf of all others similarly situated, Plaintiff v. CENTER FOR VEIN RESTORATION (MD), LLC, Defendant, Case No. 1:24-cv-03654-ABA (D. Md., December 18, 2024) is a class action against the Defendant for negligence, unjust enrichment, breach of implied contract, breach of fiduciary duty, and declaratory/injunctive relief. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and the protected health information of the Plaintiff and similarly situated clients stored within its network systems following a data breach detected on October 6, 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. Center For Vein Restoration (MD), LLC is a medical services provider, headquartered in Glenn Dale, Maryland. [BN] The Plaintiff is represented by: Thomas A. Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (212) 946-9305 Email: tpacheco@milberg.com - and - A. Brooke Murphy, Esq. MURPHY LAW FIRM 4116 Wills Rogers Pkwy., Suite 700 Oklahoma City, OK 73108 Telephone: (405) 389-4989 Email: abm@murphylegalfirm.com CENTER FOR VEIN: Conrad Sues Over Failure to Secure PII & PHI ------------------------------------------------------------- Lee Conrad, individually and on behalf of all others similarly situated v. CENTER FOR VEIN RESTORATION (MD), LLC, Case No. 8:24-cv-03702-DLB (D. Md., Dec. 20, 2024), is brought against Defendant for its failure to properly secure and safeguard personally identifiable information ("PII") and protected health information ("PHI") including, but not limited to, address, date of birth, Social Security number, driver's license number, medical record number, diagnosis, lab results, medications, treatment information, health insurance information, provider names, dates of treatment, and/or financial information (collectively, "Private Information"). Despite first becoming aware of the Data Breach on October 6, 2024, and the breach apparently began on September 30, 2024 (according to Defendant's notice on the Maine AG website), Defendant did not begin notifying Plaintiff and other Class Members until on December 6, 2024 ("Notice of Data Breach") As a result of the Data Breach, Plaintiff and almost 450,000 Class Members suffered injury and ascertainable losses in the form of the present and imminent substantial threat of fraud and identity theft, loss of the benefit of their bargain, out-of-pocket expenses, loss of value of their time reasonably incurred to remedy or mitigate the effects of the attack, and the loss of, and diminution in, value of their personal information. The Plaintiff and Class Members' sensitive confidential Private Information was compromised and unlawfully accessed due to the Data Breach. This information, while compromised and taken by unauthorized third parties, also remains in the possession of Defendant, and without additional safeguards and independent review and oversight, remains vulnerable to additional hackers and theft, says the complaint. The Plaintiff is a patient of the Defendant. The Defendant is (or claims to be) the largest physician-led vein center, which since 2007, has built a medical practice that now includes over 110 locations in 22 states across the United States.[BN] The Plaintiff is represented by: Gary E. Mason, Esq. MASON LLP 5335 Wisconsin Avenue, NW, Suite 640 Washington, DC 20015 Phone: (202) 429-2290 Email: gmason@masonllp.com CENTER FOR VEIN: Kelley Sues Over Unauthorized Access of Info ------------------------------------------------------------- KATRINA KELLEY, individually and on behalf of all others similarly situated, Plaintiff v. CENTER FOR VEIN RESTORATION (MD), LLC, Defendant, Case No. 1:24-cv-03676 (D. Md., December 19, 2024) is a class action against the Defendant for negligence and negligence, negligence per se, breach of fiduciary duty, and breach of implied contract. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and the protected health information of the Plaintiff and similarly situated clients stored within its information systems following a data breach on or around October 6, 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. Center For Vein Restoration (MD), LLC is a medical provider specializing in treating vein diseases, with its principal place of business in Maryland. [BN] The Plaintiff is represented by: Thomas A. Pacheco, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 900 W. Morgan Street Raleigh, NC 27603 Telephone: (212) 946-9305 Email: tpacheco@milberg.com - and - Andrew J. Shamis, Esq. SHAMIS & GENTILE, P.A. 14 NE 1st Avenue, Suite 400 Miami, FL 33132 Telephone: (305) 479-2299 Email: ashamis@shamisgentile.com CENTERSPACE LP: Settlement Deal in Hall Gets Final Nod ------------------------------------------------------ In the class action lawsuit captioned as GARY HALL, on behalf of himself and all others similarly situated, v. CENTERSPACE LP, Case No. 0:22-cv-02028-KMM-DJF (D. Minn.), the Hon. Judge Katherine Menendez entered an order granting final approval and judgment as follows: 1. The Court has jurisdiction over the subject matter of this action and over all claims raised therein and all Parties thereto, including the Settlement Class. 2. The Settlement resolves allegations in Plaintiff's Class Action Complaint against Defendant for failure to implement or maintain adequate data security measures and safeguards to protect the personally identifiable information it maintained about Plaintiff and Settlement Class Members, which Plaintiff alleges directly and proximately caused injuries to Plaintiff and Settlement Class Members. 3. The Court grants final approval of the Settlement Agreement and, for purposes of the Settlement Agreement and this Final Order and Judgment only, the Court hereby finally certifies the following Settlement Class: "All individuals residing in the United States to whom Defendant sent a notice concerning the Security Incident." Specifically excluded from the Settlement Class are: (i) Defendant, its officers and directors; (ii) all Settlement Class Members who timely and validly request exclusion from the Settlement Class; (iii) any judges assigned to this case and their staff and family; and (iv) any other person found by a court of competent jurisdiction to be guilty under criminal law of initiating, causing, aiding or abetting the criminal activity occurrence of the Security Incident or who pleads nolo contendere to any such charge. Centerspace provides real estate services. A copy of the Court's order dated Dec. 11, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=OTeSVZ at no extra charge.[CC] CHEESECAKE FACTORY: Kirkpatrick Sues Over Failure to Pay Wages -------------------------------------------------------------- Jason Kirkpatrick and Alexiya Esparza, on behalf of themselves and all others similarly situated v. THE CHEESECAKE FACTORY RESTAURANTS, INC., Case No. 1:24-cv-03681-RDB (D. Md., Dec. 19, 2024), is brought for violations of the Fair Labor Standards Act's ("FLSA") tip credit requirements and subsequent failure to pay its employees at the federally mandated minimum wage rate for all hours worked, as well as Defendant's violations of the Maryland Wage and Hour Law ("MWHL"). The Defendant pays its servers and bartenders below the federal minimum wage rate by taking advantage of the tip-credit provision of the FLSA and, in Maryland, the MWHL. Under the tip-credit provision, an employer of tipped employees may, under certain circumstances, pay its employees less than the minimum wage rate by taking a "tip credit" against the minimum wage requirement based upon the amount of tips the employees received from customers, says the complaint. The Plaintiffs worked at The Cheesecake Factory. The Defendant owns and operates a chain of restaurants throughout the United States known as The Cheesecake Factory.[BN] The Plaintiff is represented by: Don J. Foty, Esq. Fazila Issa, Esq. HODGES & FOTY, LLP 2 Greenway Plaza, Suite 250 Houston, TX 770046 Phone: (713) 523-0001 Facsimile: (713) 523-1116 Email: dfoty@hftrialfirm.com fissa@hftrialfirm.com CHRYSLER PACIFICA: Class Cert Bid Filing Extended to Feb. 7, 2025 ----------------------------------------------------------------- In the class action lawsuit re Chrysler Pacifica Fire Recall Products Liability Litigation, Case No. 2:22-cv-03040-DML-EAS (E.D. Mich.), the Hon. Judge David Lawson entered an order extending briefing schedule for class certification motion: -- The plaintiffs' motion for class Feb. 7, 2025 certification must be filed on or before: -- The defendant's opposition must be Mar. 3, 2025 filed on or before: -- The plaintiffs' reply must be filed Mar. 17, 2025 on or before: All other provisions of the pretrial orders establishing the case management benchmarks, as previously amended, remain in full force and effect. On Dec. 18, 2024, the parties filed a stipulation in which they seek a 30-day extension of the deadlines for filing and briefing the plaintiffs' motion for class certification. Chrysler Pacifica is a nameplate used by Chrysler for a variety of vehicles. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=AIfpBA at no extra charge.[CC] CLAVEL CORP: Blind Users Can't Access Website, Knowles Says ----------------------------------------------------------- CARLTON KNOWLES, on behalf of himself and all others similarly situated, Plaintiff v. CLAVEL CORPORATION, Defendant, Case No. 1:24-cv-09820 (S.D.N.Y., December 19, 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://bluestopmax.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: lack of alternative text, empty links that contain no text, redundant links, and linked images missing alt-text. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Clavel Corporation 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 CONNECTONCALL.COM LLC: Faces Lawson Suit Over Compromised Info -------------------------------------------------------------- MICHAEL LAWSON, individually and on behalf of all others similarly situated, Plaintiff v. CONNECTONCALL.COM, LLC, Defendant, Case No. 1:24-cv-08615 (E.D.N.Y., December 17, 2024) is a class action against the Defendant for negligence and negligence per se, third party beneficiary, unjust enrichment, breach of bailment, and invasion of privacy. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and the protected health information of the Plaintiff and similarly situated clients stored within its information systems following a data breach since about February 16, 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. ConnectOnCall.com, LLC is a provider of after-hours services to medical providers, headquartered in Hauppauge, New York. [BN] The Plaintiff is represented by: Vicki J. Maniatis, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 405 East 50th Street New York, NY 11530 Telephone: (516) 491-4665 Email: vmaniatis@milberg.com - and - J. Gerard Stranch, IV, Esq. Grayson Wells, Esq. STRANCH, JENNINGS & GARVEY, PLLC The Freedom Center 223 Rosa L. Parks Avenue, Suite 200 Nashville, TN 37203 Telephone: (615) 254-8801 Email: gstranch@stranchlaw.com gwells@stranchlaw.com COTY DTC: Faces Jackson Suit Over Blind's Equal Access to Website ----------------------------------------------------------------- SYLINIA JACKSON, on behalf of herself and all others similarly situated, Plaintiff v. COTY DTC HOLDINGS, LLC, Defendant, Case No. 1:24-cv-09772 (S.D.N.Y., December 19, 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://kyliecosmetics.com, contains access barriers which hinder the Plaintiff and Class members to enjoy the benefits of its online goods, content, and services offered to the public through the website. The accessibility issues on the website include, but not limited to: lack of alternative text, empty links that contain no text, redundant links, and linked images missing alt-text. The Plaintiff and Class members seek permanent injunction to cause a change in the Defendant's corporate policies, practices, and procedures so that the Defendant's website will become and remain accessible to blind and visually impaired individuals. Coty DTC Holdings, 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 COURIAL INC: Becerra Files Suit in Cal. Super. Ct. -------------------------------------------------- A class action lawsuit has been filed against COURIAL, INC. The case is styled as Hilario Garcia Becerra, individually and on behalf of all others similarly situated v. COURIAL, INC., Case No. 24STCV33652 (Cal. Super. Ct., Los Angeles Cty., Dec. 19, 2024). The case type is stated as "Other Employment Complaint Case (General Jurisdiction)." Courial -- https://www.courial.com/ -- offers fast and reliable on-demand courier services.[BN] The Plaintiff is represented by: Christopher J. Hamner, Esq. HAMNER LAW OFFICES, APLC 26565 Agoura Rd., Ste. 200 Calabasas, CA 91302-1990 Phone: 888-416-6654 Email: chamner@hamnerlaw.com CRST EXPEDITED: Scheduling Order Entered in Kelchner Class Suit --------------------------------------------------------------- In the class action lawsuit captioned as HARLEY KELCHNER, individually and on behalf of all others similarly situated, v. CRST EXPEDITED, INC.; CRST SPECIALIZED TRANSPORTATION, INC.; CRST LINCOLN SALES, INC.; and JOHN SMITH, Case No. 1:24-cv-00082-CJW-KEM (N.D. Iowa), the Hon. Judge Kelly Mahoney entered a scheduling order and discovery plan as follows: -- Initial disclosures: Dec. 23, 2024 -- Motions to add parties: Dec. 30, 2024 -- Motions to amend pleadings: Dec. 30, 2024 -- Completion of fact discovery: Aug. 22, 2025 -- Expert witness disclosures: Plaintiff expert(s): Sept. 12, 2025 Defendant expert(s): Sept. 12, 2025 -- Plaintiff rebuttal expert(s): Sept. 19, 2025 -- Completion expert discovery: Jan. 16, 2026 -- Class certification briefing: Plaintiff's motion: Feb. 6, 2026 Defendant's response: Mar. 20, 2026 Plaintiff's reply: Apr. 17, 2026 Dispositive motions: July 15, 2026 CRST primarily offers expedited, long-distance freight transportation services. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=isbvZs at no extra charge.[CC] DAKOTA COUNTY, MN: Nelson Files Suit in D. Minnesota ---------------------------------------------------- A class action lawsuit has been filed against Dakota County, et al. The case is styled as Damien Lashaun Nelson, and all others similarly situated v. Dakota County, Dakota County Sheriff Office, Dakota County Employees John and Jane Does 1-3, Dakota County Correctional Officers John Doe 1-3 and Jane Doe 1-3, Case No. 0:24-cv-04559-LMP-ECW (D. Minn., Dec. 20, 2024). The nature of suit is stated as Assault Libel & Slander. Dakota County -- https://www.co.dakota.mn.us/ -- is the third-most populous county in the U.S. state of Minnesota, located in the east central portion of the state.[BN] The Plaintiffs appear pro se. DONG BANG: Lee Bid for Class Certification Terminated ------------------------------------------------------ In the class action lawsuit captioned as YU JUNG LEE, individually, and on behalf of others similarly situated, v. DONG BANG CORPORATION, et al., Case No. 2:22-cv-01336-MEF-SDA (D.N.J.), the Hon. Judge Michael Farbiarz entered an order administratively terminating motion for class certification. -- The parties shall proceed with class discovery on a schedule to be set by the United States Magistrate Judge. -- Such discovery will presumably be tightly targeted and not time consuming. -- The Plaintiff may refile her motion for class certification or a revised motion, after discovery concludes. Dong Bang was founded in 1977. The company's line of business includes manufacturing fluid power cylinders and actuators. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=PZLiD9 at no extra charge.[CC] DOTDASH MEDIA: Discloses Medical Info to 3rd Party, Maghoney Claims ------------------------------------------------------------------- TYLER MAGHONEY, individually and on behalf of all others similarly situated, Plaintiff v. DOTDASH MEDIA, INC., Defendant, Case No. 3:24-cv-02394-AJB-AHG (S.D. Cal., December 19, 2024) is a class action against the Defendant for Violation of the Electronic Communications Privacy Act, the California Invasion of Privacy Act, the California Confidentiality of Medical Information Act, Invasion of Privacy Under California's Constitution, the California Computer Data Access and Fraud Act, the Computer Fraud and Abuse Act, the Stored Communications Act, and the Federal Wiretap Act. According to the complaint, the Defendant aided, employed, agreed, and conspired with various third parties to intercept sensitive and confidential communications sent and received by the Plaintiff and similarly situated California residents who accessed its website, https://www.VerywellHealth.com/. When engaging with the Defendant's online resources, users anticipate that their data will remain confidential and not be disclosed to third parties without explicit consent. The Plaintiff and the Class seek legal and equitable remedies resulting from these illegal actions, says the suit. Dotdash Media, Inc. is a digital media company, with a principal place of business in New York, New York. [BN] The Plaintiff is represented by: Joshua B. Swigart, Esq. Swigart Law Group, APC 2221 Camino del Rio S., Ste. 308 San Diego, CA 92108 Telephone: (866) 219-3343 Facsimile: (866) 219-8344 Email: Josh@SwigartLawGroup.com FARMERS UNION HOSPITAL: Andrade Suit Removed to W.D. Oklahoma ------------------------------------------------------------- The case styled as Christopher Andrade, individually on behalf of all others similarly situated v. Farmers Union Hospital Association doing business as: Great Plains Regional Medical Center, Case No. CJ-24-00133 was removed from the Beckham County District Court, to the U.S. District Court for the Western District of Oklahoma on Dec. 20, 2024. The District Court Clerk assigned Case No. 5:24-cv-01337-J to the proceeding. The nature of suit is stated Other P.I. for Personal Injury. Farmers Union Hospital Association doing business as Great Plains Regional Medical Center (GPRMC) -- https://gprmc-ok.com/ -- provides a comprehensive, multidisciplinary Inpatient Rehab program designed with your safety as our top priority.[BN] The Plaintiffs is represented by: Amanda B. Murphy, Esq. MURPHY LAW FIRM 4116 Will Rogers Pkwy, Suite 700 Oklahoma City, OK 73108 Phone: (405) 389-4989 Email: abm@murphylegalfirm.com The Defendant is represented by: James Burl Hulin, Esq. Larry D. Ottaway, Esq. FOLIART HUFF OTTAWAY & BOTTOM 201 Robert S Kerr Ave., 12th Fl. Oklahoma City, OK 73102 Phone: (254) 760-0021 Email: jakehulin@oklahomacounsel.com larryottaway@oklahomacounsel.com FARMERS UNION HOSPITAL: Baldwin Suit Removed to W.D. Oklahoma ------------------------------------------------------------- The case styled as Madison Baldwin, individually on behalf of all others similarly situated v. Farmers Union Hospital Association doing business as: Great Plains Regional Medical Center, Case No. CJ-24-00118 was removed from the Beckham County District Court, to the U.S. District Court for the Western District of Oklahoma on Dec. 20, 2024. The District Court Clerk assigned Case No. 5:24-cv-01338-G to the proceeding. The nature of suit is stated Other P.I. for Personal Injury. Farmers Union Hospital Association doing business as Great Plains Regional Medical Center (GPRMC) -- https://gprmc-ok.com/ -- provides a comprehensive, multidisciplinary Inpatient Rehab program designed with your safety as our top priority.[BN] The Plaintiffs is represented by: Michael D. Denton, Jr., Esq. DENTON LAW FIRM PC 925 West State Highway 152 Mustang, OK 73064 Phone: (405) 376-2212 Fax: (405) 376-2262 Email: michael@dentonlawfirm.com The Defendant is represented by: James Burl Hulin, Esq. Larry D. Ottaway, Esq. FOLIART HUFF OTTAWAY & BOTTOM 201 Robert S Kerr Ave., 12th Fl. Oklahoma City, OK 73102 Phone: (254) 760-0021 Email: jakehulin@oklahomacounsel.com larryottaway@oklahomacounsel.com FARMERS UNION HOSPITAL: Evans Suit Removed to W.D. Oklahoma ----------------------------------------------------------- The case styled as Christopher Evans, individually on behalf of all others similarly situated v. Farmers Union Hospital Association doing business as: Great Plains Regional Medical Center, Case No. CJ-24-00123 was removed from the Beckham County District Court, to the U.S. District Court for the Western District of Oklahoma on Dec. 20, 2024. The District Court Clerk assigned Case No. 5:24-cv-01339-G to the proceeding. The nature of suit is stated Other P.I. for Personal Injury. Farmers Union Hospital Association doing business as Great Plains Regional Medical Center (GPRMC) -- https://gprmc-ok.com/ -- provides a comprehensive, multidisciplinary Inpatient Rehab program designed with your safety as our top priority.[BN] The Plaintiffs is represented by: Kennedy Marie Brian, Esq. William B. Federman, Esq. FEDERMAN & SHERWOOD 10205 N. Pennsylvania Ave. Oklahoma City, OK 73120 Phone: (405) 235-1560 Email: kpb@federmanlaw.com wbf@federmanlaw.com The Defendant is represented by: James Burl Hulin, Esq. Larry D. Ottaway, Esq. FOLIART HUFF OTTAWAY & BOTTOM 201 Robert S Kerr Ave., 12th Fl. Oklahoma City, OK 73102 Phone: (254) 760-0021 Email: jakehulin@oklahomacounsel.com larryottaway@oklahomacounsel.com FIELDWORKS LLC: Class Settlement in Swans Suit Gets Final Nod ------------------------------------------------------------- In the class action lawsuit captioned as TRAVIS SWANS, an individual, on behalf of himself and all others similarly situated, v. FIELDWORKS, LLC, a District of Columbia limited liability company; and DOES 1 through 100, inclusive, Case No. 2:22-cv-07250-SPG-MRW (C.D. Cal.), the Hon. Judge Sherilyn Peace Garnett entered an order granting the Plaintiffs' motion for final approval of class action settlement and award for attorneys' fees and costs: -- Given the Settlement's outcome and the litigation risks, the Court finds the requested fee amount of $45,000 to be within a reasonable and fair range for approximately two years of work on this complex case. -- The Court therefore, considering all factors, finds that the award of attorneys' fees in the amount of $45,000 is reasonable. -- Lastly, Class Counsel request reimbursement of $7,554.62 for litigation costs, as well as an allocation of $11,341.51 for settlement administrative costs. Upon review of Counsel's itemized chart displaying all litigation costs, and the Settlement Administrator's declaration, the Court finds these costs are reasonable and therefore awards a total of $18,896.13 in costs to be paid out of the Settlement fund. Fieldworks provides campaigning and event planning services. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FeGiBQ at no extra charge.[CC] GLAXOSMITHKLINE: Class Settlement in Moore Suit Gets Final Nod -------------------------------------------------------------- In the class action lawsuit captioned as LISA M. MOORE, individually and on behalf of all others similarly situated, v. GLAXOSMITHKLINE CONSUMER HEALTHCARE HOLDINGS (US) LLC and PFIZER, INC., Case No. 4:20-cv-09077-JSW (N.D. Cal.), the Hon. Judge Jeffrey White entered an order granting the Plaintiff's motion for final approval of Rule 23(b)(2) class action settlement, service award, and attorneys’ fees and costs, and final judgment: The Court has jurisdiction over the subject matter of this Action and over the Parties, including all members of the following Class certified pursuant to Fed. R. Civ. P. 23(b)(2): "All persons or entities who, between December 16, 2016 and January 30, 2024, purchased one or more of the Products in California for purposes other than resale, with the following exceptions: (i) each Defendant, its assigns, successors, and legal representatives; (ii) any entities in which any Defendant has controlling interests; (iii) federal, state, and/or local governments, including, but not limited to, their departments, agencies, divisions, bureaus, boards, sections, groups, counsels, and/or subdivisions; and (iv) any judicial officer presiding over this matter and person within the third degree of consanguinity to such judicial officer." The Court affirms its previous certification of the Class as defined above and adopted in its order dated January 30, 2024, finding that the Class meets all requirements under Fed. R. Civ. P. 23(a) and (b)(2) for injunctive relief. The Court approves Plaintiff's request for an Attorneys' Fees and Costs Award of $495,000, which represents $253,841.52 for attorneys' fees and $241,158.48 for costs. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=LM3zKh at no extra charge.[CC] HACKENSACK MERIDIAN: Must Serve Opposition by Feb. 10, 2025 ----------------------------------------------------------- In the class action lawsuit captioned as SCHELHAS v. HACKENSACK MERIDIAN HEALTH, INC. (HMH), Case No. 2:23-cv-02466 (D.N.J., Filed May 4, 2023), the Hon. Judge Claire C. Cecchi entered an order granting the Plaintiff leave to re-file his motion for conditional class certification: -- In the interest of efficient case management and to avoid piecemeal extensions of briefing, Plaintiff shall serve (but not file) his motion on Defendant by Jan. 10, 2025. -- The Defendant shall serve (but not file) its opposition on Plaintiff by February 10, 2025. -- The Plaintiff shall serve (but not file) his reply by Feb. 28, 2025. -- The parties shall only file the proof of service of the motion papers on CM/ECF by the stipulated service dates. -- Once all motion papers have been exchanged between counsel pursuant to this briefing schedule, Plaintiff shall, by March 5, 2025, simultaneously electronically file all motion papers as three separate docket entries, at which time the Clerk shall docket the Motion. The suit alleges violation of the Fair Labor Standards Act (FLSA) involving collection of unpaid wages. HMH is a network of healthcare providers in New Jersey, based out of Edison.[CC] HERTZ CORPORATION: Class Cert Bid Filing Extended to April 8, 2025 ------------------------------------------------------------------ In the class action lawsuit captioned as Maharaj v. The Hertz Corporation, Case No. 3:23-cv-04726 (N.D. Cal., Filed Sept. 14, 2023), the Hon. Judge Jacqueline Scott Corley entered an order granting stipulation to extend class certification deadline and set briefing schedule: 1. The Plaintiffs shall file their Motion April 8, 2025 for Class certification on or before: 2. The Defendant shall file any Opposition May 6, 2025 to Plaintiffs' Motion for Class Certification on or before: 3. The Plaintiffs shall file any Reply in May 20, 2025 support of Plaintiffs' Motion for Class Certification on or before: 4. Hearing on Plaintiffs' Motion for Class June 5, 2025 Certification shall be set on: The nature of suit states Labor Litigation.[CC] HOBBY LOBBY: Faces Johnson Suit Over Stores' False Reference Prices ------------------------------------------------------------------- KYMOREA JOHNSON, LILIANA BARBA-CRUZ, and LYNETTE HERRERA-BADILLA, individually and on behalf of all others similarly situated, Plaintiffs v. HOBBY LOBBY STORES, INC., Defendant, Case No. 3:24-cv-09192 (N.D. Cal., December 18, 2024) is a class action against the Defendant for fraud, negligent misrepresentation, and violations of the California Unfair Competition Law, the California False Advertising Law, and the California Consumer Legal Remedies Act. The case arises from the Defendant's practice of advertising false reference prices for merchandise sold on its stores. According to the complaint, the Defendant tricks consumers into thinking they are getting a great deal at the "sale" price, when in fact, they are paying the same amount or even more than the usual price of the item. The Plaintiffs seek monetary damages, restitution, and declaratory and injunctive relief from the Defendant arising from its false reference and discount pricing. Hobby Lobby Stores, Inc. is a retail company headquartered in Atlanta, Georgia. [BN] The Plaintiffs are represented by: Jonathan Shub, Esq. Samantha E. Holbrook, Esq. Andrea L. Bonner, Esq. SHUB & JOHNS LLC Four Tower Bridge 200 Barr Harbor Drive, Suite 400 Conshohocken, PA 19428 Telephone: (610) 477-8380 Email: jshub@shublawyers.com sholbrook@shublawyers.com abonner@shublawyers.com HP INC: Class Action Settlement in MEHC Suit Gets Initial Nod ------------------------------------------------------------- In the class action lawsuit captioned as MOBILE EMERGENCY HOUSING CORP., TRACK RAT ENTERPRISES, INC. d/b/a PERFORMANCE AUTOMOTIVE & TIRE CENTER, and DAVID JUSTIN LYNCH, individually, and on behalf of all others similarly situated, v. HP INC. d/b/a/ HP COMPUTING AND PRINTING INC., a Delaware Corporation, Case No. 5:20-cv-09157-SVK (N.D. Cal.), the Hon. Judge Susan Van Keulen entered an order preliminarily approving class action settlement and providing for notice: -- The Court preliminarily approves the Settlement, as memorialized in the Settlement Agreement, as fair, reasonable, and adequate, and in the best interest of Plaintiffs and the other Class Members. -- The Court approves, as to form and content, the Notice, annexed to the Settlement Agreement at Exhibit 1, and finds that the publication of the Notice, substantially in the manner and form set forth in Exhibit 1, meets the requirements of Federal Rule of Civil Procedure 23 and due process. -- The Court will hold a Final Approval Hearing on March 18, 2025 at 10:00 a.m. -- Pending further order of the Court, all litigation activity and events, except those contemplated by this Order or in the Settlement Agreement, are hereby stayed. On Dec. 8, 2023, the Court granted in part and denied in part Plaintiffs' motion for class certification and certified four classes under Fed. R. Civ. P. 23(b)(2) for purposes of injunctive relief: (1) Nationwide TPC-Bricking Class: "All persons and entities who, during the period Nov. 1, 2020 through Oct. 1, 2021: (1) resided in the United States; (2) owned a Class Printer; (3) used a third-party cartridge in the printer; (4) viewed a "Supply Problem" error message on the printer at a time when the printer was using a third-party cartridge; and (5) did not view any disclosures from HP regarding the potential for printers using third-party cartridges to cease functioning before they viewed the "Supply Problem" error message." (2) California TPC Bricking Class: "All persons and entities who, during the period Nov. 1, 2020 through Oct. 1, 2021: (1) resided in California; (2) owned a Class Printer; (3) used a third-party cartridge in the printer; (4) viewed a "Supply Problem" error message on the printer at a time when the printer was using a third-party cartridge; and (5) did not view any disclosures from HP regarding the potential." (3) Nationwide Data-Collection Class: "All persons and entities who, during the period Jan. 1, 2017 through Oct. 1, 2021: (1) resided in the United States; (2) owned a Class Printer; (3) had HP collect their printer's data; and (4) did not view any disclosures about HP's data-collection practices before HP collected their printer's data." (4) California Data Collection Class: "All persons and entities who, during the period Jan. 1, 2017 through Oct. 1, 2021: (1) resided in California; (2) owned a Class Printer; (3) had HP collect their printer's data; and (4) did not view any disclosures about HP’s data-collection practices before HP collected their printer' data." HP Inc. is an American multinational information technology company. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=5YSyom at no extra charge.[CC] INVESTMENTS MANAGEMENT: Salcedo Files Discrimination Class Action ----------------------------------------------------------------- MONICA SALCEDO, on behalf of herself and other similarly situated individuals, Plaintiff v. INVESTMENTS MANAGEMENT I, LLC. d/b/a Investments Limited and JAMES BATMASIAN, Defendants, Case No. 9:24-cv-81533 (S.D. Fla., December 10, 2024) arises from the Defendants' unlawful practices in violation of the Plaintiff's rights under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Florida Civil Rights Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. The complaint alleges the Defendants' engagement in sex discrimination and national origin discrimination, failure to pay overtime wages, failure to notify Plaintiff's eligibility status and rights under the FMLA, wrongful termination and retaliatory conduct, disability discrimination, and handicap discrimination. The Plaintiff is a Hispanic woman from Colombia. She was employed by the Defendants as a property manager from approximately March 17, 2017, until her wrongful termination on or about January 4, 2024. Investments Management I, LLC is a company duly authorized and existing under the laws of the State of Florida.[BN] The Plaintiff is represented by: R. Martin Saenz, Esq. THE SAENZ LAW FIRM, P.A. 20900 NE 30th Avenue, Ste. 800 Aventura, FL 33180 Telephone: (305) 482-1475 E-mail: martin@legalopinionusa.com JACK HENRY: Class Cert Filing in Lacrosse Amended to Oct. 3, 2025 ----------------------------------------------------------------- In the class action lawsuit captioned as LACROSSE v. Jack Henry & Associates, Inc., et al., Case No. 3:23-cv-05088 (W.D. Mo., Filed Oct. 09, 2023), the Hon. Judge Stephen R. Bough entered an order granting the parties' joint motion to amend scheduling order: (1) The deadline for Plaintiffs to designate May 16, 2025 experts and serve opening expert reports is extended to: (2) The deadline for Defendants to designate July 2, 2025 experts and serve opening and rebuttal expert reports is extended to: (3) The deadline for Plaintiffs to serve Aug. 6, 2025 rebuttal expert reports is extended to: (4) All pretrial discovery is to be Oct. 2, 2025 completed by: (5) All dispositive motions, and Plaintiffs' Oct. 3, 2025 motion for class certification, shall be filed on or before: The Pretrial Conference set for Sept. 4, 2025, and the bench trial set for Oct. 6, 2025, are vacated. The Courts Courtroom Deputy will contact the parties for a new pretrial conference and trial setting. All other deadlines and instructions remain unaltered. The nature of suit states Employee Retirement Income Security Act (ERISA). Jack Henry is a provider of financial technology solutions and payment processing services, mostly to community banks and credit unions.[CC] KATAPULT HOLDINGS: Class Settlement in McIntosh Gets Final Nod -------------------------------------------------------------- In the class action lawsuit captioned as GINA MCINTOSH, individually and on behalf of all others similarly situated, v. KATAPULT HOLDINGS, INC., LEE EINBINDER, HOWARD KURZ, ORLANDO ZAYAS, KARISSA CUPITO, AND DEREK MEDLIN, Case No. 1:21-cv-07251-KHP (S.D.N.Y.), the Hon. Judge Katharine Parker entered an order granting the motion for final approval of the settlement, plan of allocation, and certification of class. -- The motion for an award of attorneys' fees, reimbursement of litigation expenses, and incentive awards to Plaintiffs Nayman and de Castro Luna is also granted. -- The Court has reviewed the documents in support of their request for attorney's fees and costs, including attorney declarations, billing records, and receipts/invoices for the claimed costs. For the reasons discussed below, the Court finds that an award of 33 1/3% of the Settlement Amount, $44,131.99 litigation expenses and costs, and an award of $10,000 total for the Lead Plaintiff and additional named Plaintiff is reasonable. -- The Court grants the requests for incentive awards in the amount of $8,000 for Nayman and $2,000 for Luna. The proposed Settlement Agreement defines the "Settlement Class" as: "all persons and entities that (a) purchased or otherwise acquired Katapult securities (common stock and warrants) between June 15, 2021 and Aug. 9, 2021, both dates inclusive (the "Settlement Class Period"), and/or (b) beneficially owned and/or held common stock of FinServ as of May 11, 2021 and were eligible to vote at FinServ's June 7, 2021 special meeting." Excluded from the Settlement Class are: (i) Katapult, Orlando Zayas, Karissa Cupito, Derek Medlin, Lee Einbinder, Howard Kurz, Robert Matza, Diane B. Glossman, Aris Kekedjian, and FinServ Holdings LLC ("FinServ Holdings"); (ii) any person who was an officer or director of FinServ or FinServ Holdings between Nov. 5, 2019 and June 9, 2021; (iii) any person who was an officer or director of Katapult between May 18, 2021 and Aug. 10, 2021; (iv) the immediate family members, meaning the parents, spouse, siblings, or children, of any of the foregoing persons; (v) any trusts, estates, entities, or accounts that held FinServ or Katapult shares for the benefit of the foregoing persons or entities; (vi) the legal representatives, heirs, successors-in- interest, successors, transferees, and assigns of the foregoing persons or entities. Also excluded from the Settlement Class will be any Person who timely and validly seeks exclusion from the Settlement Class. Members of the Settlement Class will be entitled to a share of the Settlement Amount, that is $2.5 million cash payment by Defendants. The settlement consideration is comprised of: (i) a cash component of $1,775,000; and (ii) an additional component worth $725,000 comprised of Katapult common stock and/or cash. Lead Plaintiff brought this class action on behalf of all persons or entities, other than Defendants, that: (1) purchased or otherwise acquired Katapult securities between June 15, 2021, and August 9, 2021, both dates inclusive, and/or (2) beneficially owned and/or held FinServ common stock as of FinServ's stockholders of record at the close of business on May 11, 2021 and were eligible to vote at FinServ's June 7, 2021 special meeting, against Katapult, as well as Defendants Lee Einbinder, Howard Kurz, Orlando Zayas, Karissa Cupito, and Derek Medlin for alleged violations of the Exchange Act. Katapult is a platform for digital and mobile-first commerce. A copy of the Court's opinion dated Dec. 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=lv82Rx at no extra charge.[CC] KEESAL YOUNG: Fails to Secure Personal Info, Orlando Says --------------------------------------------------------- DONNA ORLANDO, individually, and on behalf of all others similarly situated, Plaintiff v. KEESAL, YOUNG & LOGAN, Defendant, Case No. 2:24-cv-10637 (C.D. Cal., December 10, 2024) arises from a recent data breach on KYL's network that resulted in unauthorized access to the highly sensitive data of roughly 316,350 customers, including Plaintiff. According to the complaint, it is unknown for how long the cybercriminals had access to Defendant's network before the breach was discovered. The Defendant obtained the personal identifying information of Plaintiff and Class Members and stored that PII, unencrypted, in an Internet-accessible environment on Defendant KYL's network, from which unauthorized actors retrieved sensitive PII belonging to Plaintiff and Class Members. As a direct and proximate result of Defendant's inadequate data security, and breach of its duty to handle PII with reasonable care, Plaintiff's and the Class' PII has been accessed by hackers, potentially posted on the dark web, and exposed to an untold number of unauthorized individuals. Keesal, Young & Logan is a law firm based in California that provides business and civil litigation services to clients throughout the Western U.S. and Pacific Rim.[BN] The Plaintiff is represented: Daniel Srourian, Esq. SROURIAN LAW FIRM, P.C. 468 N. Camden Dr. Suite 200 Beverly Hills, CA 90210 Telephone: (213) 474-3800 Facsimile: (213) 471-4160 E-mail: daniel@slfla.com KEESAL YOUNG: Rosenberg Slams Failure to Protect Personal Info -------------------------------------------------------------- MORTON ROSENBERG, individually, and on behalf of all others similarly situated, Plaintiff v. KEESAL, YOUNG & LOGAN, Defendant, Case No. 2:24-cv-10616 (C.D. Cal., December 10, 2024) arises from the Defendant's failure to secure the personally identifiable information of Plaintiff and the members of the proposed Class where Plaintiff provided his PII indirectly to Defendant for insurance claims or litigation. On or around June 13, 2024, KYL discovered suspicious activity on its network. KYL determined that between June 7 and June 13, 2024, an unauthorized actor downloaded files off its system, which contained the PII of individuals that was being stored on KYL's systems. As a result of the data breach, which Defendant failed to prevent, the Private Information of individuals including Plaintiff (and Class Members) was stolen. Through this lawsuit, the Plaintiff seek to hold Defendant responsible for the injuries they inflicted on Plaintiff and Class Members due to their impermissibly inadequate data security measures, and to seek injunctive relief to ensure the implementation of security measures to protect the Private Information that remains in Defendant's possession, says the suit. Keesal, Young & Logan is a law firm with about 30 lawyers based in Long Beach, California and with other offices in San Francisco, Seattle, Anchorage, and Hong Kong.[BN] The Plaintiff is represented by: John J. Nelson, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC 280 S. Beverly Drive Beverly Hills, CA 90212 Telephone: (858) 209-6941 E-mail: jnelson@milberg.com KERN COUNTY, CA: Rice Sues Over Failure to Pay Overtime Wages ------------------------------------------------------------- Cheryl Rice, individually and on behalf of others similarly situated v. COUNTY OF KERN, Case No. 1:24-cv-01572-CDB (E.D. Cal., Dec. 20, 2024), is brought under the Fair Labor Standard Act ("FLSA"), as a result of the Defendant's failure to pay all overtime wages owed. This is a collective action regarding the County's wage and hour violations. The County underpaid overtime by failing to include non-discretionary bonuses, incentives, shift differentials, and all other forms of non-excludable remuneration into the regular rate of pay calculations. The County's employment policies, practices, and payroll administration systems enabled and facilitated these violations on a company-wide basis with respect to the collective members. The County committed the same overtime violations with respect to a nationwide collective of employees, who Plaintiff seeks to represent under the FLSA. This action seeks to recover the underpaid overtime wages, liquidated damages, interest, attorneys' fees, and costs of the suit, says the complaint. The Plaintiff worked for the County in California as a non-exempt employee from about November 2019 to present and works as a Therapist. The County of Kern is a subdivision of the State of California.[BN] The Plaintiff is represented by: Nicholas J. Ferraro, Esq. Elyssa Martinez, Esq. FERRARO VEGA EMPLOYMENT LAWYERS, INC. 3333 Camino del Rio South, Suite 300 San Diego, CA 92108 Phone: (619) 693-7727 Fax: (619) 350-6855 Email: nick@ferrarovega.com elyssa@ferrarovega.com L COZY NAILS: Fernandez Seeks Unpaid Wages for Nail Salon Staff --------------------------------------------------------------- MARCIA CARMITA MONTERO FERNANDEZ, on behalf of herself and all others similarly situated, Plaintiff v. L COZY NAILS BEAUTY, INC. d/b/a Cozy Nail & Spa, QIAN LU a/k/a Lucy Lu, and JUN ZHAO a/k/a Vanessa Zhao, Defendants, Case No. 3:24-cv-01988 (D. Conn., December 16, 2024) is a class action against the Defendants for failure to pay overtime wages and minimum wages in violation of the Fair Labor Standards Act and the Connecticut Minimum Wage Act. The Plaintiff was employed as a manicurist and pedicurist at the Defendants' nail salon, Cozy Nail & Spa, located at 103 Greenwich Avenue, Rear, Greenwich, Connecticut from on or about January 30, 2021, through on or about February 15, 2024. L Cozy Nails Beauty, Inc., doing business as Cozy Nail & Spa, is a nail salon operator located in Greenwich, Connecticut. [BN] The Plaintiff is represented by: John Troy, Esq. Aaron B. Schweitzer, Esq. Tiffany Troy, Esq. 41-25 Kissena Boulevard, Suite 110 Flushing, NY 11355 Telephone: (718) 762-1324 Email: troylaw@troypllc.com LIPPERT COMPONENTS: Settlement in Gates Gets Initial Nod -------------------------------------------------------- In the class action lawsuit captioned as DASHON J. GATES and YVETTE BRAMLEY, on behalf of themselves and all others similarly situated, v. LIPPERT COMPONENTS, INC., Case No. 3:24-cv-00006-DRL-AZ (N.D. Ind.), the Hon. Judge Damon Leichty entered an order granting the motion to certify the proposed class and for preliminary approval of a class action settlement. The court sets a Fairness Hearing for April 24, 2025 at 10:00 a.m. (EST) in the Robert Lowell Miller, Jr. Courtroom in South Bend, Indiana. Pursuant to Rules 23(a) and (b)(1) of the Federal Rules of Civil Procedure, the Court hereby certifies for settlement purposes only the following Settlement Class: "All participants and beneficiaries of the Plan who incurred nicotine tobacco surcharges (as shown by Defendants’ records and any other available records from Plaintiffs) in relation to the Plan from January 4, 2018, through December 31, 2023." The Court finds that each element required for certification of the Class pursuant to Rule 23(a) of the Federal Rules of Civil Procedure has been met: Lippert provides recreational vehicle and housing components. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=fApIoa at no extra charge.[CC] The Plaintiffs are represented by: Robert P. Kondras, Jr., Esq. HASSLER KONDRAS MILLER LLP 100 Cherry St. Terra Haute, IN 47807 Telephone: (812) 232-9691 Facsimile: (812) 234-2881 E-mail: kondras@hkmlawfirm.com - and - Paul M. Secunda, Esq. WALCHESKE & LUZI, LLC 235 N. Executive Dr., Suite 240 Brookfield, WI 53005 Telephone: (414) 828-2372 Facsimile: (262) 565-6469 E-mail: psecunda@walcheskeluzi.com The Defendant is represented by: Kathleen M. Anderson, Esq. BARNES & THORNBURG LP 888 S. Harrison St., Suite 600 Fort Wayne, IN 46802 Telephone: (260) 423-9440 Facsimile: (260) 424-8316 E-mail: Kathleen.anderson@btlaw.com LOANDEPOT.COM LLC: Bid to Bifurcate Discovery in Colonna OK'd -------------------------------------------------------------- In the class action lawsuit captioned as ANGELA COLONNA, STEPHEN COLONNA, and AVINASH DAGA, v. LOANDEPOT.COM LLC, Case No. 3:24-cv-00376-X (N.D. Tex.), the Hon. Judge Brantley Starr entered an order granting Loan Depot's motion to bifurcate discovery. -- A scheduling order will follow the Court's resolution of the motion for summary judgment, if necessary. This is a discovery fight about which should come first: individual discovery or class discovery. The underlying case is a class action regarding an alleged failure to disclose on the part of Loan Depot. The plaintiffs worked with Loan Depot to refinance their mortgages and allege that Loan Depot’s loan officers told them they would be able to "skip a payment" if they refinanced their mortgage but did not inform them that this would cause them to pay more interest over the life of the loan. LoanDepot is a nonbank holding company which sells mortgage and non-mortgage lending products. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=0EKK1f at no extra charge.[CC] LOS ANGELES, CA: Jones Suit Seeks Social Workers' Unpaid Overtime ----------------------------------------------------------------- REGINA JONES and LETICIA GARCIA, individually and on behalf of all others similarly situated, Plaintiffs v. COUNTY OF LOS ANGELES, a legal subdivision of the State of California, and DOES 1–10, inclusive, Defendants, Case No. 2:24-cv-10831 (C.D. Cal., December 16, 2024) is a class action against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act. The Plaintiffs were employed as social workers in the In-Home Social Services Division of the Defendant's Department of Public Social Services. County of Los Angeles is a legal subdivision of the State of California. [BN] The Plaintiffs are represented by: Megan A. Richmond, Esq. MEGAN A. RICHMOND, APC 7911 Herschel Ave., Suite 300 La Jolla, CA 92037 Telephone: (714) 349-0555 Facsimile: (619) 577-4250 Email: Megan@therichmondfirm.com LOVESAC CO: Settlement Class in Gutknecht Gets Final Certification ------------------------------------------------------------------ In the class action lawsuit captioned as ALBERT GUTKNECHT, individually and on behalf of all others similarly situated, v. THE LOVESAC COMPANY, et al., Case No. 3:23-cv-01640-KAD (D. Conn.), the Hon. Judge Kari Dooley entered an order granting final class certification: The Court grants certification of the Settlement Class solely for purposes of the Settlement pursuant to Fed. R. Civ. P. 23(b)(3). The Settlement Class is defined to consist of: "All persons and entities who purchased or otherwise acquired Lovesac common stock during the period from June 8, 2022, through Aug. 16, 2023, inclusive." Excluded from the Settlement Class are a. such persons or entities who submitted valid and timely requests for exclusion from the Settlement Class; b. such persons or entities who, while represented by counsel, settled an actual or threatened lawsuit or other proceeding against one or more of the Releasees arising out of or related to the Released Class Claims; and c. Lovesac and (i) all officers and directors of Lovesac during the Class Period (including Shawn Nelson and Donna Dellomo), (ii) Lovesac's Affiliates, subsidiaries, successors, and predecessors, (iii) any entity in which Lovesac or any other Defendant has or had during the Class Period a Controlling Interest, and (iv) for the individuals identified in subparts (i), (ii), and/or (iii), their Family Members, legal representatives, heirs, successors, and assigns. Final Certification of Lead Plaintiff and Appointment of Lead Counsel for Settlement Purposes. Solely for purposes of the proposed Settlement, the Court confirms its (i) certification of Lead Plaintiff as representative of the Settlement Class and (ii) appointment of The Rosen Law Firm, P.A., as Lead Counsel for the Settlement Class pursuant to Fed. R. Civ. P. 23(g). Lovesac is a modern furniture company, offering high-quality bean bag chairs, modular sectionals, and accessories in many colors, patterns, and fabrics. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FUCBle at no extra charge.[CC] LTN GLOBAL: Reed Suit Seeks Unpaid Wages for Audio Specialists -------------------------------------------------------------- DAVID REED, individually and on behalf of all others similarly situated, Plaintiff v. LTN GLOBAL COMMUNICATIONS, INC., Defendant, Case No. 1:24-cv-03649-JRR (D. Md., December 18, 2024) is a class action against the Defendant for failure to pay minimum wages and overtime wages in violation of the Fair Labor Standards Act and the Missouri Minimum Wage Maximum Hours Laws. The Plaintiff was employed by the Defendant as an audio specialist in Liberty, Missouri. LTN Global Communications, Inc. is a media technology company based in Maryland. [BN] The Plaintiffs are represented by: Tiffany Joseph Goodson, Esq. HKM EMPLOYMENT ATTORNEYS LLP 200 E. Pratt Street, Suite 418 Baltimore, MD 21202 Telephone: (202) 919-5952 Email: tjosephgoodson@hkm.com - and - John J. Ziegelmeyer III, Esq. HKM EMPLOYMENT ATTORNEYS LLP 1501 Westport Road Kansas City, MO 64111 Telephone: (816) 875-3332 Email: jziegelmeyer@hkm.com - and - Michael Hodgson, Esq. THE HODGSON LAW FIRM, LLC 3609 SW Pryor Rd. Lee's Summit, MO 64082 Telephone: (816) 600-0117 Email: mike@thehodgsonlawfirm.com - and - Katherine E. Myers, Esq. EDELMAN, LIESEN & MYERS, LLP 208 W. Linwood Blvd. Kansas City MO, 64111 Telephone: (816) 533-4976 Facsimile: (816) 463-8449 Email: kmyers@elmlawkc.com MARIANA LOTERSTEIN: Jones Seeks to Certify Class of Inmates ----------------------------------------------------------- In the class action lawsuit captioned as (PC) Jones v. Loterstein, et al., Case No. 2:22-cv-00639-DJC-DMC (Court), the Plaintiff asks the Court to enter an order certifying a class of inmates. The suit involves allegations of medical errors. A copy of the Plaintiff's motion dated Dec. 13, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=pTmJi9 at no extra charge. The Plaintiff appears pro se.[CC] MDL 2989: Defendants Seek Arbitration of Remaining Actions ---------------------------------------------------------- In the class action lawsuit RE: January 2021 Short Squeeze Trading Litigation, Case No. 1:21-md-02989-CMA (S.D. Fla.), the Defendants ask the Court to enter an order (1) compelling arbitration of the remaining actions, and (2) staying the remaining actions pending arbitration. Each plaintiff a remaining individual claim is a Robinhood customer who, before opening their respective brokerage account, entered into a customer agreement that contained a mandatory arbitration clause providing for pre-dispute arbitration before Financial Industry Regulatory Authority Dispute Resolution ("FINRA DR"). Accordingly, all the remaining claims against Robinhood in this MDL must proceed in arbitration before FINRA DR. In sum, the Customer Agreement meets all the elements of a valid contract under California law. Thus, the Customer Agreement’s arbitration clause constitutes a valid, written agreement for the plaintiffs in the Remaining Actions to arbitrate their individual claims. The plaintiffs in the Remaining Actions broadly agreed to arbitrate any claims arising from the Customer Agreement, their accounts with Robinhood, and any transaction in those accounts. Because each of the plaintiffs’ individual causes of action falls within that scope, each plaintiff’s claims present arbitrable issues. Accordingly, Robinhood's participation in class-certification litigation in the Federal Securities Tranche was not inconsistent with Robinhood's right to arbitrate—if anything, it was consistent with Robinhood's right to arbitrate, as Robinhood needed to resolve class certification as a precondition to seeking arbitration. Once class treatment was denied, Robinhood promptly shifted to compelling arbitration of the Remaining Actions. In sum, Robinhood has not waived its right to arbitrate the Remaining Actions. The claims in the Remaining Actions are subject to arbitration under the Customer Agreement. As such, this Court should stay the Remaining Actions until arbitration is complete. Robinhood is an American financial services company headquartered in Menlo Park, California. A copy of the Defendants' motion dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=yxqFJo at no extra charge.[CC] The Defendants are represented by: Samuel A. Danon, Esq. María Castellanos Alvarado, Esq. Tom K. Schulte, Esq. HUNTON ANDREWS KURTH LLP 333 S.E. 2nd Avenue, Suite 2400 Miami, FL 33131 Telephone: (305) 810-2500 Facsimile: (305) 810-2460 E-mail: sdanon@huntonak.com mcastellanos@huntonak.com tschulte@huntonak.com - and - Antony L. Ryan, Esq. Kevin J. Orsini, Esq. Brittany L. Sukiennik, Esq. CRAVATH, SWAINE & MOORE LLP Two Manhattan West 375 Ninth Avenue New York, NY 10001 Telephone: (212) 474-1000 Facsimile: (212) 474-3700 E-mail: aryan@cravath.com korsini@cravath.com bsukiennik@cravath.com MDL 2992: Bid to File Exhibits Under Seal in Unemployment Suit OK'd ------------------------------------------------------------------- In the class action lawsuit re Bank of America California Unemployment Benefits Litigation, Case No. 3:21-md-02992-GPC-MSB (S.D. Cal.), the Hon. Judge Gonzalo Curiel entered an order granting motion to file documents under seal regarding Exhibits 1, 2, 14, 16, 18, 19, 20 to corrected declaration of Connie Chan in support of motion for class certification. The Plaintiffs have shown compelling reasons to file these documents under seal, the Court says. The Court will maintain the following materials under seal: Portions of Exhibits 1, 2, 14, 16, 18, 19 and 20 attached to the Corrected Declaration of Connie K. Chan in support of motion for class certification. These putative class actions present common factual questions arising from the allegation that the Defendant BANA, the entity contracted by California to distribute unemployment benefits to eligible recipients, failed to safeguard and properly manage benefits during the pandemic and unlawfully froze or denied access to funds in recipients' debit card accounts. Common factual questions include: (1) the nature of BANA's relationship with the California Employment Development Department ("EDD") with respect to administering unemployment benefits and responding to claims of fraud; (2) BANA's policy and practices for responding to fraud reports from recipients of EDD benefits -- in particular, the process for conducting investigations in response to error claims; and (3) BANA's alleged decision to freeze EDD debit card accounts on a mass basis in late 2020. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=gVWULa at no extra charge.[CC] MDL 3032: Fact Discovery in Antitrust Suit Extended to April 2025 ----------------------------------------------------------------- In the class action lawsuit Re: Cattle and Beef Antitrust Litigation, Case No. 0:22-md-03031-JRT-JFD (D. Minn.), the Hon. Judge John Docherty entered an order that: 1. The deadline for fact discovery in this case is extended from Jan. 7, 2025, to Apr. 4, 2025, but only for discovery taken from, or provided by, DAPs that joined this case in 2024 or who have not yet reached the milestone of substantial completion of document discovery (or both); 2. The deadline for third-party depositions is extended to April 4, 2025, for both Defendants and Plaintiffs; 3. The parties' deadline to meet and confer about setting merits expert discovery deadlines and to present a proposal to the Court is extended to April 18, 2025; and 4. To address Plaintiffs' concerns about the one-sided use of material disclosed during the extended fact discovery period, no document produced after the original fact discovery deadline of Jan. 7, 2025, and no deposition testimony from a deposition conducted after Jan. 7, 2025, may be used in class certification litigation. The actions in this MDL share factual questions arising from the Plaintiffs' allegations that, since at least January 1, 2015, until the present, defendants exploited their market power in this highly concentrated market3 by conspiring to limit the supply and fix the prices of beef sold in the U.S. wholesale market. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=gZ8Vk2 at no extra charge.[CC] MDL 3128: Kristy Kelly Appointed as Class Counsel in Lending Suit ----------------------------------------------------------------- In the class action lawsuit Re: Dividend Solar Finance, LLC, and Fifth Third Bank Sales and Lending Practices Litigation, Case No. 0:24-md-03128-KMM-DTS (D. Minn.), the Hon. Judge Katherine Menendez entered an order regarding Appointment of Lead Counsel, Liaison Counsel, and Plaintiffs' Steering Committee: A. Interim Co-Lead and Class Counsel The Court appoints Kristi Kelly of Kelly Guzzo, PLC, Ian Sloss of Silver Golub & Teitell LLP, and Amy Judkins of Newsome Melton, P.A. as Interim Co-Lead Counsel and Class Counsel for the putative classes in this litigation. Interim Co-Lead Counsel shall be generally responsible for protecting the interests of the classes during precertification activities, such as making and responding to motions, conducting any necessary discovery, moving for class certification, and negotiating settlement. B. Liaison Counsel The Court appoints E. Michelle Drake of Berger Montague as Liaison Counsel and Class Counsel in this litigation. C. Plaintiffs' Steering Committee The Court appoints the following members to the Plaintiffs' Steering Committee ("PSC"): Leonard A. Bennett of Consumer Litigation Associates, P.C. (chair); Bryant Dunivan of The Consumer Protection Attorney, P.A.; Jarrett Faber of Kneupper & Covey P.C.; Jeffrey Gentes of the Connecticut Fair Housing Center; and Kas Gallucci of the Law Offices of Ron Marron. The actions in this MDL all involve alleged loan agreements between consumers and Fifth Third, for the purchase and installation of residential solar power systems that were secured through deceptive business practices. These solar power finance agreements were sold throughout the United States. It is likely that additional similar actions will be filed in additional jurisdictions across the country. Transfer for consolidation and coordination is proper because each of the Actions and tag along cases arise out of the same or similar nucleus of operative facts, arise out of the same or similar alleged wrongful conduct, will involve the resolution of the same or similar questions of fact and law, and discovery will be substantially similar and will involve the same documents and witnesses. All of these actions are in their infancy and none of the actions have commenced discovery. A copy of the Court's order dated Oct. 1, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=9Tkr4y at no extra charge.[CC] MERIDIAN SENIOR: Court Junks Bid to Approve Settlement ------------------------------------------------------ In the class action lawsuit captioned as DELISSALYNN SMOCK, individually and for others similarly situated, v. MERIDIAN SENIOR LIVING, LLC, Case No. 8:23-cv-01154-DKC (D. Md.), the Hon. Judge Deborah Chasanow entered an order denying the joint motion for approval of settlement and the bid to dismiss with prejudice Meridian Senior provides a vibrant senior living environment. A copy of the Court's order dated Dec. 11, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=yp90us at no extra charge.[CC] MGP INGREDIENTS: Faces Pension Fund Suit Over Drop of Stock Price ----------------------------------------------------------------- OPERATING ENGINEERS CONSTRUCTION INDUSTRY MISCELLANEOUS PENSION FUND, on behalf of itself and all others similarly situated, Plaintiff v. MGP INGREDIENTS, INC., DAVID COLO, DAVID S. BRATCHER, and BRANDON M. GALL, Defendants, Case No. 1:24-cv-09685 (S.D.N.Y., December 16, 2024) is a class action against the Defendants for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. According to the complaint, the Defendants made materially false and misleading statements regarding MGP Ingredients' business, operations, and prospects in order to trade MGP Ingredients common stock at artificially inflated prices between May 4, 2023, through October 30, 2024. Specifically, the Defendants repeatedly touted a strong demand and normal inventory levels in brown goods (i.e., American whiskies and tequila), when in fact there had been a slowdown in consumption and oversupply in their products. Worse, the Defendants had assured investors that they were positioned differently than their competitors, and that this was a non-issue, because the company had already taken steps to mitigate the risk, when in fact it did not. When the truth emerged, the price of MGP Ingredients stock declined $8.27 per share, or nearly 15 percent, from a closing price of $56.31 per share on October 30, 2024, to a closing price of $49.04 per share on October 31, 2024. As a result of the Defendants' wrongful acts and omissions, and the sharp decline in the market value of the company's common stock, the Plaintiff and other Class members have suffered significant losses and damages. Operating Engineers Construction Industry Miscellaneous Pension Fund is a multi-employer pension fund. MGP Ingredients Inc. is a manufacturer of alcoholic beverages and food ingredients headquartered in Atchison, Kansas. [BN] The Plaintiff is represented by: Daniel L. Berger, Esq. Caitlin M. Moyna, Esq. Timothy Clark B. Dauz, Esq. GRANT & EISENHOFER, PA 485 Lexington Avenue New York, NY 10017 Telephone: (646) 722-8500 Facsimile: (610) 722-8501 Email: dberger@gelaw.com cmoyna@gelaw.com tdauz@gelaw.com MISSION CEVICHE: Bid to Extend Discovery Deadline Nixed ------------------------------------------------------- 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 Hon. Judge Arun Subramanian entered an order denying the Defendants' request for an extension of the discovery deadline as untimely under the Court's Individual Rules. -- The request for an extension of time to respond to the class certification motion is granted. -- The Defendants have until Jan. 8, 2025, to file their opposition. Mission Ceviche is a Peruvian restaurant. A copy of the Court's order dated Dec. 18, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=nZFg9e 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 MONTEREY MECHANICAL: Carrillo Labor Suit Removed to N.D. Calif. --------------------------------------------------------------- The case styled VINCENT CARRILLO, individually and on behalf of all others similarly situated v. MONTEREY MECHANICAL CO., a California corporation; and DOES 1 thorough 10, inclusive, Case No. 24CV093407, was removed from the Superior Court of the State of California, County of Alameda, to the U.S. District Court for the Northern District of California on December 18, 2024. The Clerk of Court for the Northern District of California assigned Case No. 3:24-cv-09202 to the proceeding. The Plaintiff brings complaint against the Defendant for alleged violation of the California Labor Code and the California's Business and Professions Code. Monterey Mechanical Co. is an air conditioning store owner in Oakland, California. [BN] The Defendant is represented by: Lara P. Besser, Esq. JACKSON LEWIS PC 225 Broadway, Suite 1800 San Diego, CA 92101 Telephone: (619) 573-4900 Facsimile: (619) 573-4901 Email: Lara.Besser@jacksonlewis.com MORTGAGE RESEARCH: Bid to Stay Discovery Tossed as Moot ------------------------------------------------------- In the class action lawsuit captioned as ERIN ROBERTSON, Individually and on behalf of a class of all persons and entities similarly situated, v. MORTGAGE RESEARCH CENTER, LLC d/b/a Veterans United, Case No. 2:24-cv-04106-MDH (W.D. Mo.), the Hon. Judge Douglas Harpool entered an order denying the motion to stay discovery pending the resolution of its pending motions to dismiss and strike. -- The Court denies this motion as moot. There is no basis to stay discovery. -- The Court has denied the motions to dismiss and strike and discovery should proceed pursuant to the Court's Scheduling Order. -- The Court does not find bifurcation is necessary. The Plaintiff's claims and any potential class members' claims overlap. -- The class certification will be tied to the issues surrounding standing and the merits of the claims. The motion to bifurcate discovery is denied. -- Reviewing the First Amended Complaint in a light most favorable to Plaintiff, she has alleged violations of the Telephone Consumer Protection Act (TCPA). Whether Plaintiff may ultimately prevail can be established through discovery in this case. The Defendant's motion to dismiss is denied. -- The Defendant does not deny that the messages were sent, the issue is whether the messages violated the TCPA and whether Plaintiff can meet the requirements of Rule 23 for class certification of her claims based on those messages. The Defendant's motion to strike is denied. The Plaintiff's first amended complaint brings a claim under the Telephone Consumer Protection Act alleging that the Defendant sent telemarketing calls or messages to her when her number was listed on the National Do Not Call Registry. The Plaintiff brings her claims on behalf of herself and a proposed nationwide class of individuals who were sent the same alleged illegal telemarketing calls. The Plaintiff further alleges she has never been a customer of Defendant and never consented to receive calls from Defendant. Mortgage Research is a mortgage lender that specializes in VA home loans. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=iec3js at no extra charge.[CC] MOSQUITO SQUAD: Bid for Initial OK of Settlement Tossed ------------------------------------------------------- In the class action lawsuit captioned as SAMUEL LENOROWITZ, Individually and on behalf of all others similarly situated, v. MOSQUITO SQUAD FRANCHISING, LLC; MOSQUITO SQUAD OF FAIRFIELD AND WESTCHESTER COUNTY; and JOHN DOES 1-25. Case No. 3:20-cv-01922-OAW (D. Conn.), the Hon. Judge Omar Williams entered an order denying without prejudice the motion for preliminary approval of the class settlement. The Plaintiff commenced this class action and filed a Complaint alleging that Defendants violated the Telephone Consumer Protection Act (TCPA) by spamming consumers with unsolicited messages advertising the defendants' pest control services. Mosquito Squad franchises offer outdoor pest elimination and control services and equipment, including the sales, installation, and servicing of outdoor. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=vycbWO at no extra charge.[CC] NASHVILLE COUNTY, TN: Class Cert. Bid Filing Extended ----------------------------------------------------- In the class action lawsuit captioned as INFINIUM BUILDERS LLC and KE HOLDINGS LLC d/b/a ASCENT CONSTRUCTION, On Behalf of Themselves and All Others Similarly Situated, v. METROPOLITAN GOVERNMENT OF NASHVILLE & DAVIDSON COUNTY, Case No. 3:23-cv-00924 (M.D. Tenn.), the Court entered an order extending discovery schedule and extending deadline for filing of class certification motion. Since the Sept. 9, 2024, initial case management conference in this matter, the Parties have been diligently working on discovery. The Plaintiffs have taken written discovery from Defendant Metropolitan Government of Nashville & Davidson County ("Metro"), as well as four depositions of Metro witnesses. Likewise, the Defendants have taken discovery from the Named Plaintiffs. The Plaintiffs have some significant discovery left to take that may take additional time. The Plaintiffs are scheduled to conduct Rule 34 inspections of Metro's relevant databases which contain permitting information relevant to Plaintiffs' claims on December 10 and 18, 2024. The Plaintiffs have also identified additional witnesses whose depositions they intend to take. They have also identified certain topics for depositions of Metro that they may take pursuant to Rule 30(b)(6). A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=8Y0uXQ at no extra charge.[CC] NATROL LLC: Yamasaki Seeks to Certify Class of California Consumers ------------------------------------------------------------------- In the class action lawsuit captioned as VENUS YAMASAKI, on behalf of herself and all others similarly situated, v. NATROL, LLC, Case No. 3:23-cv-00182-JD (N.D. Cal.), the Plaintiff, on Feb. 27, 2025, will move the Court for an Order granting class certification as follows: 1. Certifying, pursuant to Federal Rule of Civil Procedure 23, and the California Consumers Legal Remedies Act, Section 1781, the following Class: "All current and former California consumers people who purchased Cognium Memory or Cognium Memory Extra Strength for personal, family, or household purposes from Jan. 13, 2019 through the date of class certification." The following individuals are excluded from the Class: Natrol, Natrol's officers, directors, and employees, and those who purchased Cognium Memory or Cognium Memory Extra Strength for the purpose of resale. 2. Appointing Plaintiff Venus Yamasaki as Class Representative and Annick M. Persinger, Allison W. Parr, and Hassan A. Zavareei of Tycko & Zavareei LLP and Stuart Scott and Kevin Hulick of Spangenberg Shibley & Liber LLP Class Counsel. The Plaintiff Venus Yamasaki is one of Natrol's many California victims. She purchased Cognium because she believed Natrol's false claims that it was capable of improving memory and recall. Natrol sells Cognium Memory and Cognium Memory Extra Strength to California consumers. A copy of the Plaintiff's motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=cwZ4Gc at no extra charge.[CC] The Plaintiff is represented by: Annick M. Persinger, Esq. Hassan A. Zavareei, Esq. Allison W. Parr, Esq. TYCKO & ZAVAREEI LLP 1970 Broadway, Suite 1070 Oakland, CA 94612 Telephone: (510) 254-6808 E-mail: apersinger@tzlegal.com hzavareei@tzlegal.com aparr@tzlegal.com - and - Stuart E. Scott, Esq. Kevin Hulick, Esq. SPANGENBERG SHIBLEY & LIBER LLP 1001 Lakeside Avenue East, Suite 1700 Cleveland, OH 44114 Telephone: (216) 696-3232 E-mail: sscott@spanglaw.com khulick@spanglaw.com NATURE'S PATH: Frye EPOA Suit Removed to W.D. Wash. --------------------------------------------------- The case styled TAMI FRYE, individually and on behalf of all others similarly situated v. NATURE'S PATH FOODS USA INC. and DOES 1-20, as yet unknown Washington entities, Case No. 24-2-27157-1 SEA, was removed from the Superior Court of the State of Washington for King County to the U.S. District Court for the Western District of Washington on December 16, 2024. The Clerk of Court for the Western District of Washington assigned Case No. 2:24-cv-02079 to the proceeding. The Plaintiff brings complaint against the Defendant for alleged violation of the Equal Pay and Opportunities Act (EPOA). Nature's Path Foods USA Inc. is a food manufacturer headquartered in Richmond, British Columbia. [BN] The Defendant is represented by: Julie S. Lucht, Esq. Kyle D. Nelson, Esq. PERKINS COIE LLP 1201 Third Avenue, Suite 4900 Seattle, WA 98101 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Email: JLucht@perkinscoie.com KyleNelson@perkinscoie.com NORTHWELL HEALTH: Class Cert Bid Filing Held in Abeyance -------------------------------------------------------- In the class action lawsuit captioned as Lorusso, et al., v. Northwell Health Pension Plan, et al., Case No. 2:24-cv-02785 (E.D.N.Y., Filed April 15, 2024), the Hon. Judge Joanna Seybert entered an order that the Plaintiffs' Motion for Class Certification is being held in abeyance until the Court first addresses the forthcoming Dismissal Motion. Thus, the Certification Motion is administratively terminated without prejudice to renew pending the Court's decision of the forthcoming Dismissal Motion, the Court says. The nature of suit states Employee Retirement Income Security Act (ERISA) Northwell Health offers a comprehensive benefits package that includes medical plans, and retirement savings plans.[CC] NUSCALE POWER: Must File Class Cert Response by Jan. 6, 2025 ------------------------------------------------------------ In the class action lawsuit captioned as Surina, et al., v. NuScale Power, LLC, et al., Case No. 3:22-cv-01410 (D. Or., Filed Sept. 19, 2022), the Hon. Judge Youlee Yim You entered an order granting motion for extension of time to file response / reply. -- Deadline for Defendant to respond to Jan. 6, 2025 Plaintiffs' motion for class certification is extended to: -- Deadline for Plaintiffs to reply to Defendant's Jan. 21, 2025 Response to Plaintiffs' Motion for Class Certification is extended to: The nature of suit states Contract – Stockholders' Suits. NuScale designs and markets small modular reactors.[CC] PACIFIC MARITIME: Class Cert Bid Filing in Fowler Due May 23, 2025 ------------------------------------------------------------------ In the class action lawsuit captioned as JEREMY FOWLER, v. PACIFIC MARITIME ASSOCIATION et al., Case No. 2:24-cv-00974-TL (W.D. Wash.), the Hon. Judge Tana Lin entered an order setting class certification briefing schedule and other pretrial deadlines: Event Date Deadline for joining additional parties: Jan. 24, 2025 Deadline for filing amended pleadings: Feb. 21, 2025 Motion for Class Certification due by: May 23, 2025 Opposition to Motion for Class June 27, 2025 Certification due by: Reply in support of Motion for Class July 14, 2025 Certification due by: Pacific Maritime is a non-profit mutual benefit corporation that serves as a multi-employer collective bargaining agent. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=vd4mjV at no extra charge.[CC] PANERA LLC: Initial Disclosures in Cissokho Due Jan. 3, 2025 ------------------------------------------------------------ In the class action lawsuit captioned as OUSSEYNOU CISSOKHO, individually and on behalf of others similarly situated, v. PANERA, LLC, Case No. 1:24-cv-02559-LLA (D.D.C.), the Hon. Judge Loren Alikhan entered a scheduling order as follows: Start of Fact Discovery: Dec. 19, 2024 Rule 26 Initial Disclosures: Jan. 3, 2025 Joinder of Additional Parties & May 30, 2025 Amendment of Pleadings: Close of Fact Discovery: July 25, 2025 Plaintiff's Expert Witness Aug. 8, 2025 Designations & Disclosures: Defendant's Rebuttal Expert Aug. 22, 2025 Witness Designations & Disclosures: Close of Expert Discovery: Sept. 15, 2025 The parties shall appear for a post-discovery status conference on Sept. 22, 2025 at 3:00 p.m. in Courtroom 21 to address any outstanding case management matters, potential settlement discussions, and a briefing schedule for class decertification, if any. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=v9FezJ at no extra charge.[CC] PARTS AUTHORITY: Seeks More Time to File Class Cert Response ------------------------------------------------------------ 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 and DAO LOGISTICS, INC. d/b/a "Diligent Delivery Systems" Case No. 1:24-cv-02659-DLF (D.D.C.), the Defendants ask the Court to enter an order under Rule 6(b)(1)(A) granting an extension of the deadline to respond to the Plaintiffs' motion for the Fair Labor Standards Act ("FLSA"), and the District of Columbia Minimum Wage Act ("DCMWA") conditional certification from Dec. 30, 2024 to Jan. 29, 2025. The Parties have conferred, and Plaintiffs consent to the extension in exchange for Defendants agreeing to toll the statute of limitations that are applicable to the assertion of a potential claim by Plaintiffs or any potential Plaintiff against Parts Authority and Diligent. The Plaintiff's Conditional Certification Motion presents a number of complex and important issues, and Parts Authority and Diligent require an extended briefing schedule to ensure that they have enough time to devote the necessary attention to addressing those issues. Parts Authority is a national distributor of automotive and truck parts to the aftermarket auto parts industry. A copy of the Defendants' motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FH3exE at no extra charge.[CC] The Defendants are represented by: Lindsay C. Stone, Esq. Lisa M. Lewis, Esq. Margaret D. Kiley, Esq. Ryan Munitz, Esq. SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 30 Rockefeller Plaza New York, NY 10112 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 E-mail: lstone@sheppardmullin.com lmlewis@sheppardmullin.com myanulis@sheppardmullin.com rmunitz@sheppardmullin.com PF CALI: Proposed Class Certification Briefing Schedule Nixed ------------------------------------------------------------- In the class action lawsuit captioned as NOEL STRANDHOLT and FRANK LAWSON, on behalf of themselves and others similarly situated, v. PF CALI PAYROLL, LLC; PF SUPREME, LLC d.b.a. PLANET FITNESS; and DOES 1 to 100, inclusive, Case No. 8:24-cv-01256-DOC-ADS (C.D. Cal.), the Hon. Judge David Carter entered an order denying the class certification briefing schedule proposed by the parties and retains the current deadlines. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=ChUOhZ at no extra charge.[CC] PHREESIA INC: Fails to Protect Personal Info, Gerber Suit Says -------------------------------------------------------------- MARTIN GERBER, ADMINISTRATOR OF THE ESTATE OF PHYLLIS GERBER, on behalf of the decedent and all others similarly situated, Plaintiff v. PHREESIA, INC., Defendant, Case No. 2:24-cv-08585-ST (E.D.N.Y., December 16, 2024) is a class action against the Defendant for negligence and negligence per se, breach of implied contract, violation of New York General Business Law Section 349, and unjust enrichment. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information of the Plaintiff and similarly situated customers stored within its information systems following a data breach between February 16, 2024, and May 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. Phreesia, Inc. is a publicly traded software as a service (SAAS) company with its principal place of business located in Wilmington, Delaware. [BN] The Plaintiff is represented by: Jason P. Sultzer, Esq. Scott E. Silberfein, Esq. SULTZER & LIPARI, PLLC 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12061 Telephone: (845) 483-7100 Email: sultzerj@thesultzerlawgroup.com silberfeins@thesultzerlawgroup.com - and - Jeffrey K. Brown, Esq. Blake Hunter Yagman, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 Email: jbrown@leedsbrownlaw.com byagman@leedsbrownlaw.com PIH HEALTH: Camberos Sues Over Unauthorized Access of Info ---------------------------------------------------------- VALERIA CAMBEROS, individually and on behalf of all others similarly situated, Plaintiff v. PIH HEALTH, INC., Defendant, Case No. 24STCV33457 (Cal. Super., Los Angeles Cty., December 18, 2024) is a class action against the Defendant for negligence and negligence per se, violations of the California Confidentiality of Medical Information Act and the California Unfair Competition Law, and invasion of privacy. The case arises from the Defendant's failure to properly secure and safeguard the personally identifiable information and the protected health information of the Plaintiff and similarly situated patients stored within its information systems following a data breach on December 1, 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. PIH Health, Inc. is a health care provider based in Whittier, California. [BN] The Plaintiff is represented by: Kristen Lake Cardoso, Esq. Jeff Ostrow, Esq. KOPELOWITZ OSTROW P.A. One West Las Olas Blvd., Suite 500 Fort Lauderdale, FL 33301 Telephone: (954) 525-4100 Email: cardoso@kolawyers.com ostrow@kolawyers.com PINAR DEL RIO: Property Not Disabled-Friendly, Brito Says --------------------------------------------------------- CARLOS BRITO, individually and on behalf of all other similarly situated, Plaintiff v. PINAR DEL RIO SHOPPING CENTER, INC.; and LA CASITA CAFETERIA INC d/b/a LA CASITA CAFETERIA, Defendants, Case No. 1:24-cv-24828 (S.D. Fla., December 10, 2024) is an action for injunctive relief, attorneys' fees, litigation expenses, and costs pursuant to the Americans with Disabilities Act. The Plaintiff is an individual with disabilities as defined by and pursuant to the ADA. He is, among other things, a paraplegic (paralyzed from his T-6 vertebrae down) and is therefore substantially limited in major life activities due to his impairment. Defendant, Pinar Del Rio Shopping Center, owns, operates, and oversees a commercial property, its general parking lot and parking spots specific to the businesses therein, located in Miami Dade County, Florida, that is the subject of this action. The complaint asserts that the individual Plaintiff visits the commercial property and businesses located within the commercial property and encountered architectural barriers that are in violation of the ADA. The barriers to access at the commercial property, and businesses within, have each denied or diminished Plaintiff's ability to visit the commercial property and have endangered his safety in violation of the ADA, says the suit.[BN] The Plaintiff is represented by: Beverly Virues, Esq. Armando Mejias, Esq. GARCIA-MENOCAL, P.L. 350 Sevilla Avenue, Suite 200 Coral Gables, FL 33134 Telephone: (305) 553-3464 E-mail: bvirues@lawgmp.com amejias@lawgmp.com - and - Ramon J. Diego, Esq. THE LAW OFFICE OF RAMON J. DIEGO, P.A. 5001 SW 74th Court, Suite 103 Miami, FL, 33155 Telephone: (305) 350-3103 E-mail: rdiego@lawgmp.com PLACE FOR MOM: Falsely Advertises Senior Communities, Cedar Claims ------------------------------------------------------------------ CEDAR COMMUNITIES AT STAUNTON I, LLC, D/B/A BIRCH GARDENS, individually and on behalf of all others similarly situated, Plaintiff v. A PLACE FOR MOM, INC., Defendant, Case No. 1:24-cv-09737 (S.D.N.Y., December 18, 2024) is a class action against the Defendant for false advertising and deceptive conduct in violation of the Lanham Act and New York's Deceptive Trade Practices Act. The case arises from the Defendant's practice of exclusively referring potential customers to senior living communities that pay it a commission, increasing care and rent costs while excluding senior communities that decline to participate in its pay-to-play model, including the Plaintiff. Moreover, the Defendant leverages the names of the Plaintiff and other senior living communities in online search results to drive traffic to its own website, creating the illusion that these communities are part of its placement and referral network when they are not. The Plaintiff and similarly situated senior living communities suffer both financially and reputationally from the Defendant's false advertising and deceptive practices, which undermine fair competition and consumer trust. Cedar Communities at Staunton I, LLC, doing business as Birch Gardens, is a senior living community in New York. A Place For Mom, Inc., is a web-based senior living placement and referral service provider, doing business in New York. [BN] The Plaintiff is represented by: David E. Kovel, Esq. Lauren Wands, Esq. KIRBY McINERNEY LLP 250 Park Avenue, Suite 820 New York, NY 10177 Telephone: (212) 371-6600 Email: dkovel@kmllp.com lwands@kmllp.com - and - J. Matthew Stephens, Esq. Brooke B. Rebarchak, Esq. METHVIN, TERRELL, YANCEY, STEPHENS & MILLER, P.C. 2201 Arlington Avenue South Birmingham, AL 35205 Telephone: (205) 939-0199 Email: mstephens@mtattorneys.com brebarchak@mtattorneys.com - and - R. Brent Irby, Esq. IRBY LAW LLC The Highland Building 2201 Arlington Avenue South Birmingham, AL 35205 Telephone: (205) 936-8281 Email: brent@irbylaw.net PREMIER LAW: Class Cert Hearing in Goldovsky Set for Feb. 4, 2025 ----------------------------------------------------------------- In the class action lawsuit captioned as ALEX GOLDOVSKY, GLYNN FRECHETTE, JOHN KRUPEY, KRISTIN SCHARF, v. MAURICIO J. RAULD, PREMIER LAW GROUP, TIMOTHY B. GERTZ, PV ADVISORS, PLC, CITIZENS & NORTHERN BANK, WELLS FARGO BANK, N.A., Case No. 6:24-cv-00159-ADA-DTG (W.D. Tex.), the Hon. Judge Derek Gilliland entered an order setting class certification hearing held in person on Feb. 4, 2025. Premier law group is a full-service legal practice. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=5U3b0p at no extra charge.[CC] RICKY DIXON: Class Cert Response Extended to Jan. 17, 2025 ------------------------------------------------------------ In the class action lawsuit captioned as Wilson, et al., v. Dixon, et al., Case No. 1:24-cv-24253 (S.D. Fla., Filed Oct. 31, 202), the Hon. Judge Kathleen M. Williams entered an order granting the Plaintiffs' unopposed motion for extension of time to respond to motion to dismiss and reply to response to motion for class certification: -- The Plaintiffs shall file their response and reply on or before Jan. 17, 2025. The nature of suit states Prisoner Civil Rights.[CC] SAFEWAY CONSTRUCTION: Class Settlement in Amigon Gets Initial Nod ----------------------------------------------------------------- In the class action lawsuit captioned as ANTONIO AMIGON, Individually and On Behalf of All Others Similarly Situated, v. SAFEWAY CONSTRUCTION ENTERPRISES, LLC and STEVEN CESTARO, Jointly and Severally Case No. 1:20-cv-05222-PK (E.D.N.Y.), the Hon. Judge Peggy Kuo entered an order preliminary approving the class action settlement: (1) Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of settlement only, the Court preliminarily certifies a Settlement Class in this action, consisting of: "All current and former individuals who worked for Safeway in New York as backhoe operators at any time during the period of March 15, 2014 through March 26, 2024." Excluded from the Settlement Class are any Settlement Class members that validly and timely request exclusion in accordance with the requirements set forth in the Notice and this Order. (2) The Court preliminarily finds, for purposes of settlement only, that the prerequisites for a class action under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied. (3) Pursuant to Rule 23 of the Federal Rules of Civil Procedure, for the purposes of settlement only, (a) Lead Plaintiff Antonio Amigon is preliminarily certified as the class representative on behalf of the Settlement Class; and (b) Pelton Graham LLC is preliminarily certified as Lead Counsel for the Settlement Class, and is authorized to act on behalf of the class representatives and other Settlement Class members, with respect to all acts or consents required by or that may be given pursuant to the Settlement Agreement, including all acts that are reasonably necessary to consummate the Settlement Agreement. (5) The Court approves the appointment of CPT Group as the Claims Administrator to supervise and administer the notice procedure in connection with the proposed settlement, as well as the processing of claims as more fully set forth below. (6) The Court will hold a fairness hearing on April 29, 2025, at 10:30 a.m. at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York. (7) The Defendants will transfer an initial payment of One Hundred Thousand Dollars ($100,000.00) to the Claims Administrator no later than ten (10) days after issuance of this Order. If the settlement is approved, Defendants will transfer the remaining amount of Two Million Nine Hundred Thousand Dollars ($2,900,000.00) to the Claims Administrator no later than thirty (30) days after such approval. The Plaintiff brought this action on October 29, 2020 against the Defendants alleging violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"). Safeway provides a variety of natural gas distribution and mainline infrastructure services. A copy of the Court's order dated Dec. 9 , 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=q40U40 at no extra charge.[CC] SAFEWAY CONSTRUCTION: Class Settlement in Egan Gets Initial Nod --------------------------------------------------------------- In the class action lawsuit captioned as GREG EGAN and PAUL TAVOLILLA, individually and on behalf of others similarly situated, v. SAFEWAY CONSTRUCTION ENTERPRISES, INC., STEVE CESTARO, RAYMOND CESTARO, SCSC ENTERPRISES INC, SAFEWAY CONSTRUCTION ENTERPRISES, LLC, and SEPHIR HAMILTON, Case No. 1:19-cv-02052-PK (E.D.N.Y.), the Hon. Judge Peggy Kuo entered an order preliminary approving the class action settlement: (1) Pursuant to Rule 23(a) and (b)(3) of the Federal Rules of Civil Procedure and for the purposes of settlement only, the Court preliminarily certifies a Settlement Class in this action, consisting of: "All current and former individuals who worked for Safeway in New York as backhoe operators at any time during the period of March 15, 2014 through March 26, 2024." Excluded from the Settlement Class are any Settlement Class members that validly and timely request exclusion in accordance with the requirements set forth in the Notice and this Order. (2) The Court preliminarily finds, for purposes of settlement only, that the prerequisites for a class action under Rules 23(a) and (b)(3) of the Federal Rules of Civil Procedure have been satisfied. (3) Pursuant to Rule 23 of the Federal Rules of Civil Procedure, for the purposes of settlement only, (a) Lead Plaintiff Antonio Amigon is preliminarily certified as the class representative on behalf of the Settlement Class; and (b) Pelton Graham LLC is preliminarily certified as Lead Counsel for the Settlement Class, and is authorized to act on behalf of the class representatives and other Settlement Class members, with respect to all acts or consents required by or that may be given pursuant to the Settlement Agreement, including all acts that are reasonably necessary to consummate the Settlement Agreement. (5) The Court approves the appointment of CPT Group as the Claims Administrator to supervise and administer the notice procedure in connection with the proposed settlement, as well as the processing of claims as more fully set forth below. (6) The Court will hold a fairness hearing on April 29, 2025, at 10:30 a.m. at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York. (7) The Defendants will transfer an initial payment of One Hundred Thousand Dollars ($100,000.00) to the Claims Administrator no later than ten (10) days after issuance of this Order. If the settlement is approved, Defendants will transfer the remaining amount of Two Million Nine Hundred Thousand Dollars ($2,900,000.00) to the Claims Administrator no later than thirty (30) days after such approval. The Plaintiff brought this action on October 29, 2020 against the Defendants alleging violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"). Safeway provides a variety of natural gas distribution and mainline infrastructure services. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=65GA9T at no extra charge.[CC] SECRETLAB US: Class Certification Bid in Nugent Due May 29, 2025 ---------------------------------------------------------------- In the class action lawsuit captioned as SEAN NUGENT, on behalf of himself and all others similarly situated, v. SECRETLAB US, INC., a Delaware corporation, Case No. 3:22-cv-08944-RFL (N.D. Cal.), the Hon. Judge Rita Lin entered an order adopting the following case schedule through class certification: Event/Deadline Date Deadline for substantial compliance Jan. 20, 2025 with discovery/document production (as ordered by Judge Kang): Initial Expert Disclosures: Apr. 14, 2025 Rebuttal Expert Disclosures: May 12, 2025 Motion for Class Certification: May 29, 2025 Opposition to Class Certification: June 20, 2025 Reply in Support of Motion for Class July 3, 2025 Certification: Motion Hearing for Class Certification: July 22, 2025, at 10:00 a.m., in San Francisco, Courtroom 15, 18th Floor, before Judge Rita F. Lin Secretlab markets and sells furniture, including in particular desk chairs marketed for persons playing computer or video games. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=9RVNlI at no extra charge.[CC] The Plaintiff is represented by: Robert Abiri, Esq. CUSTODIO & DUBEY, LLP 445 S. Figueroa Street, Suite 2520 Los Angeles, CA 90071 Telephone: (213) 593-9095 Facsimile: (213) 785-2899 E-mail: abiri@cd-lawyers.com - and - Joshua Nassir, Esq. Benjamin Heikali, Esq. Ruhandy Glezakos, Esq. TREEHOUSE LAW, LLP 2121 Avenue of the Stars, Suite 2580 Los Angeles, CA 90067 Telephone: (310) 751-5948 E-mail: jnassir@treehouselaw.com bheikali@treehouselaw.com rglezakos@treehouselaw.com The Defendant is represented by: Kevin J. Cole, Esq. Christopher R. Ramos, Esq. KJC LAW GROUP, A.P.C. 9701 Wilshire Blvd., Suite 1000 Beverly Hills, CA 90212 Telephone: (310) 861-779 E-mail: kevin@kjclawgroup.com ramosc@kjclawgroup.com SKY CLIMBER: Court Conditionally Certifies Olmedo Class Action -------------------------------------------------------------- In the class action lawsuit captioned as ROEL OLMEDO, v. SKY CLIMBER WIND SOLUTIONS LLC, Case No. 3:24-cv-05303-DGE (W.D. Wash.), the Hon. Judge David Estudillo entered an order granting the Plaintiff's motion to Conditionally Certify a Collective Action. -- The Parties are directed to meet and confer and to submit final terms of notice consistent with this opinion, not more than 14 days from issuance of this order. The Clerk is instructed to calendar this event. The Plaintiff asks the Court to certify a collective defined as: "All hourly Sky Climber employees who were subject to Sky Climber's meal break policy and/or bonus pay scheme at any time in the past 3 years." The Defendant has not proposed any specific revisions that definition, such as specifying that the collective can only include technicians. But because the proposed collective would include only those subject to the meal plan and bonus scheme polices—for which Plaintiff has submitted evidence -- the Court finds that the collective is sufficiently defined (though it will need to be limited to Washington plaintiffs), and the same problems identified in Harp are not present here. Mr. Olmedo alleges that Sky Climber failed to pay him wages to which he was entitled, in violation of the Fair Labor Standards Act (FLSA). Sky Climber provides wind turbine maintenance, repair, and inspection services to the wind energy industry. A copy of the Court's order dated Dec. 9, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=8afZmA at no extra charge.[CC] SOUTH CAROLINA: Has Until Jan. 13, 2025 to Serve Responses ---------------------------------------------------------- In the class action lawsuit captioned as JOHN DOE, et al., v. STATE OF SOUTH CAROLINA; et al., Case No. 2:24-cv-06420-RMG (D.S.C.), the Hon. Judge Richard Mark Gergel entered an order regarding discovery related to plaintiffs' motions for a preliminary injunction and class certification: -- The parties' joint motion for discovery regarding Plaintiffs' motions for class certification and a preliminary injunction is granted, and the parties' proposed schedule is approved. -- The parties have met and conferred regarding discovery related to Plaintiffs' motion for preliminary injunction and Plaintiffs' motion for class certification. -- Pursuant to Federal Rule of Civil Procedure 26(d)(1), the parties propose the following schedule: By Dec. 15, 2024, the Defendants may serve written discovery requests (including interrogatories, requests for production, and requests for admission) that are relevant to claims raised in Plaintiffs' pending motions for preliminary injunction and class certification. Plaintiffs will have until Dec. 27, 2024, to serve their responses and objections. By Dec. 20, 2024, Defendants will identify and disclose any expert witness they intend to use to support their opposition to Plaintiffs' pending motions. By Dec. 23, 2024, Plaintiffs may serve written discovery requests (including interrogatories, requests for production, and requests for admission) that are relevant to claims raised in Plaintiffs' pending motions for preliminary injunction and class certification. The Defendants will have until Jan. 13, 2025, to serve their responses and objections. On or before Dec. 23, 2024, Defendants will have the opportunity to depose the Plaintiffs' expert, whose declaration is cited in support of Plaintiffs' pending motions for preliminary injunction and class certification. The Defendants will make their expert witness available to be deposed between Jan. 15, 2025, and Jan. 17, 2025. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Mh9TZD at no extra charge.[CC] STONECO LTD: Parties Must File Joint Status Letter by Jan. 31, 2025 ------------------------------------------------------------------- In the class action lawsuit captioned as Ray v. StoneCo Ltd. et al. (STONECO LTD. SECURITIES LITIGATION), Case No. 1:21-cv-09620-GHW-OTW (S.D.N.Y.), the Hon. Judge Ona Wang entered an order directing the parties to file a joint status letter on the last business Friday of the month, starting on Jan. 31, 2025, apprising the Court on the progress of discovery. The Parties spoke on November 25, 2024, December 5, 2024, and December 10, 2024, and exchanged email communications thereafter. The Parties submit the following joint report of their meeting for the Court’s consideration, which includes a table reflecting the dates and deadlines that the Parties have agreed upon. The Parties request that the Court issue an order entering these dates and deadlines, based on the anticipated needs of this case. This action is a putative class action federal securities case, brought on behalf of all purchasers of StoneCo common stock from March 2, 2020 through Nov. 16, 2021, inclusive, and alleging violations of Section 10(b) of the Securities Exchange Act of 1934, and Rule 10b-5 promulgated thereunder by the Securities and Exchange Commission, against StoneCo. StoneCo is a financial technology company founded in Brazil, providing solutions to empower merchants and integrated partners to conduct electronic commerce seamlessly across in-store, online, and mobile channels. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Z89sNc at no extra charge.[CC] The Plaintiff is represented by: Michael H. Rogers, Esq. Michael P. Canty, Esq. Jacqueline R. Meyers, Esq. LABATON KELLER SUCHAROW LLP 140 Broadway New York, NY 10005 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 E-mail: mcanty@labaton.com mrogers@labaton.com jmeyers@labaton.com The Defendant is represented by: Michael B. Carlinsky, Esq. Jesse Bernstein, Esq. Leigha Empson, Esq. Mario O. Gazzola, Esq. QUINN EMANUEL URQUHART & SULLIVAN, LLP 295 Fifth Avenue New York, NY 10016 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 E-mail: michaelcarlinsky@quinnemanuel.com jessebernstein@quinnemanuel.com leighaempson@quinnemanuel.com mariogazzola@quinnemanuel.com STREETTEAM SOFTWARE: Court Certifies Class & Subclasses in Ulmer ---------------------------------------------------------------- In the class action lawsuit captioned as TAYLER ULMER; SERGIO GIANCASPRO; CORI ERSHOWSKY; ALEXIS GERACI; JAMERE BOWERS; and ADAKU IBEKWE, individually and on behalf of all others similarly situated, v. STREETTEAM SOFTWARE, LLC d/b/a POLLEN; NETWORK TRAVEL EXPERIENCES, INC; JUSEXPERIENCES UK LIMITED; CALLUM NEGUSFANCEY; LIAM NEGUS-FANCEY; and JAMES ELLIS, Case No. 2:23-cv-02226-HDV-AGR (C.D. Cal.), the Hon. Judge Hernan Vera entered an order granting Plaintiffs' motion for class certification. The Court certifies the following classes and subclasses: a. Wage Class: "All U.S.-based employees of Defendants StreetTeam Software, LLC d/b/a Pollen and Network Travel Experiences, Inc. in the United States from July 1, 2022 through Aug. 10, 2022 and who did not receive wages, benefits, or expense reimbursements for said period." 1. New York Wage Subclass: "All members of the Wage Class who were protected under the New York Labor Law during July 1, 2022 through Aug. 10, 2022." 2. California Wage Subclass: "All members of the Wage Class who were protected under the California Labor Code during July 1, 2022 through Aug. 10, 2022." 3. Nevada Wage Subclass: "All members of the Wage Class who were protected under Nevada wage laws, including Nevada Revised Statutes, Chapter 608, during July 1, 2022 through Aug. 10, 2022." b. Layoff Class: "All U.S.-based employees of Defendants who were laid off from May 2022 through August 2022." 1. Severance Subclass: "All members of the Layoff Class who had in place an agreement for payment of severance." The classes and subclasses exclude the Defendants' current owners, shareholders, members, managers, officers, directors, agents, and attorneys, and members of their immediate families; this Court and its staff; and any persons, other than members of the Severance Subclass, who settled their claims against Defendants or litigated or arbitrated such claims to a final judgment or award. The Court appoints Plaintiffs as representatives of the classes and subclasses set forth above. The Court appoints Valdi Licul, Meredith Firetog, William Baker, and Damion Robinson as co-lead class counsel pursuant to Federal Rule of Civil Procedure 23(g). The Court directs all parties to confer on notice and other procedural matters and to submit a proposal for class notice within 30 days of the date hereof. Plaintiffs' associated Request for Judicial Notice is hereby granted. The Court takes judicial notice of Exhibits 2 through 12 to the Declaration of Damion Robinson pursuant to Federal Rule of Evidence 201. The Plaintiffs, who are former Pollen employees, filed a putative class action complaint in the Eastern District of New York on Sept. 22, 2022. Pollen is a London-based international startup founded by Callum Negus-Fancey and Liam Negus-Fancey, aimed to produce and promote entertainment events around the world. A copy of the Court's order dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=kpp066 at no extra charge.[CC] TRUMBULL INSURANCE: Fails to Pay Full ACV to Insureds, Suit Claims ------------------------------------------------------------------ PEARL RODRIGUEZ, on behalf of herself and all others similarly situated, Plaintiff v. TRUMBULL INSURANCE COMPANY, HARTFORD INSURANCE COMPANY OF THE SOUTHEAST, and JOHN DOES 1 through 21, Defendants, Case No. 3:24-cv-01993 (D. Conn., December 17, 2024) is a class action against the Defendant for breach of contract, negligence, tortious interference with contract, and declaratory judgment. The case arises from the Defendants' failure to pay the full actual cash value (ACV) and applicable sales tax owed to insureds, including the Plaintiff, for automobiles total losses pursuant to the Defendants' standardized personal auto insurance policies. The Defendants' uniform practice of applying arbitrary and baseless Projected Sold Adjustments (PSAs) to reduce the value of total loss auto and failing to pay the applicable sales tax as expressly required by the policy for monetary ACV total loss claim payments results in insureds not being paid the full ACV for their total loss autos, suit says. Trumbull Insurance Company is an insurance company based in Hartford, Connecticut. Hartford Insurance Company of the Southeast is an insurance company based in Hartford, Connecticut. [BN] The Plaintiff is represented by: Edward J. Feinstein, Esq. Joseph N. Kravec, Jr., Esq. Ruairi McDonnell, Esq. Kaitlyn M. Burns, Esq. FEINSTEIN DOYLE PAYNE & KRAVEC, LLC 29 Broadway, 24th Floor New York, NY 10006 Telephone: (212) 952-0014 Email: jkravec@fdpklaw.com rmcdonnell@fdpklaw.com kburns@fdpklaw.com - and - Antonio Vozzolo, Esq. Andrea Clisura, Esq. VOZZOLO LLC 499 Route 304 New City, NY 10956 Telephone: (201) 630-8820 Facsimile: (201) 604-8400 Email: avozzolo@vozzolo.com aclisura@vozzolo.com TTEC SERVICES: Parties Seeks More Time to File Class Cert. Response ------------------------------------------------------------------- In the class action lawsuit captioned as LOREN ALVAREZ, on behalf of herself and all others similarly situated, v. TTEC SERVICES CORPORATION, Case No. 1:24-cv-02847-SBP (D. Colo.), the Parties ask the Court to enter an order: (1) extending Defendant's deadline to respond to Plaintiff's motion for Conditional Collective Action Certification by 31 days to Jan. 27, 2024, and (2) extending Plaintiff's deadline to respond to Defendant's motion to compel arbitration by 31 days to Jan. 27, 2024. TTEC is a digital global customer experience (CX) technology and services company. A copy of the Parties' motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=hY3FHE at no extra charge.[CC] The Plaintiff is represented by: Zev H. Antell, Esq. BUTLER CURWOOD, PLC 140 Virginia Street, Suite 302 Richmond, VA 23219 Telephone: (804) 648-4848 Facsimile: (804) 237-1413 E-mail: zev@butlercurwood.com - and - Timothy Lawrence Coffield, Esq. COFFIELD PLC 106-F Melbourne Park Circle Charlottesville, VA 22901 Telephone: (434) 218-3133 Facsimile: (434) 321-1636 E-mail: tc@coffieldlaw.com The Defendant is represented by: Arthur J. Rooney, Esq. Daniel Graham, Esq. PERKINS COIE LLP 110 North Wacker, Suite 3400 Chicago, IL 60606 Telephone: (312) 263-5071 Facsimile: (312) 324-9516 E-mail: ARooney@perkinscoie.com DGraham@perkinscoie.com UNITED BEHAVIORAL: Seeks to Decertify Health Plan Class in Jones ---------------------------------------------------------------- In the class action lawsuit captioned as MARY JONES, through her agent, on her own behalf and on behalf of all others similarly situated, v. UNITED BEHAVIORAL HEALTH, Case No. 3:19-cv-06999-RS (N.D. Cal.), the Defendant, on Feb. 6, 2025, will move to decertify the class certified by the Court on March 11, 2021 (the "Class") based on the Aug. 22, 2023 decision of the Ninth Circuit Court of Appeals in Wit et al. v. United Behavioral Health, 79 F.4th 1068 (9th Cir. 2023). On Nov. 13, 2020, the Plaintiff in this case moved to certify a Class defined as follows: "Any participant or beneficiary in a health benefit plan governed by ERISA whose request for coverage of residential treatment services for a mental illness or substance use disorder was denied by UBH, in whole or in part, on or after June 2, 2017, based upon UBH's 2017 Level of Care Guidelines ("LOCGs") or upon a Coverage Determination Guideline that incorporates the 2017 LOCGs, and whose request was not subsequently approved, in full, following an administrative appeal." United Behavioral provides 24-hour, 7-day access to county mental health services and county alcohol and drug services. A copy of the Defendant's motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=CUGfqz at no extra charge.[CC] The Defendant is represented by: Jennifer S. Romano, Esq. Andrew Holmer, Esq. CROWELL & MORING LLP 515 South Flower Street, 40th Floor Los Angeles, CA 90071 Telephone: (213) 622-4750 Facsimile: (213) 622-2690 E-mail: jromano@crowell.com aholmer@crowell.com - and - Nicholas Dowd, Esq. CROWELL & MORING LLP 1601 Wewatta Street, Suite 815 Denver, CO 80202 Telephone: (303) 524-8663 Facsimile: (303) 524-8650 E-mail: ndowd@crowell.com UNIVERSITY OF SAN FRANCISCO: Giarratano Seeks to Seal Exhibits -------------------------------------------------------------- In the class action lawsuit captioned as JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, JOHN DOE 7, JOHN DOE 8, JOHN DOE 9, JOHN DOE 10, JOHN DOE 11, JOHN DOE 12, JOHN DOE 13, and JOHN DOE 14, individually and on behalf of all others similarly situated, v. THE UNIVERSITY OF SAN FRANCISCO, ANTHONY N. (AKA NINO) GIARRATANO, and TROY NAKAMURA, Case No. 3:22-cv-01559-LB (N.D. Cal.), the Defendant Anthony "Nino" Giarratano's ask the Court to enter an order granting administrative motion to file documents under seal regarding Exhibits to Declaration of Katherine O'Neal in support of opposition to the Plaintiffs' motion for class certification administrative motion to file documents under seal. The Exhibits to the O'Neal Declaration should be sealed because they contain personally identifiable information of Plaintiffs, including the names of some of the Doe Plaintiffs and their parents. University of San Francisco is a private institution that was founded in 1855. A copy of the Defendants' motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=FHkD7Z at no extra charge.[CC] The Defendants are represented by: Daniel A. Croley, Esq. Katherine O'Neal, Esq. FUTTERMAN DUPREE DODD CROLEY MAIER LLP 601 Montgomery Street, Suite 1210 San Francisco, CA 94111 Telephone: (415) 399-3840 Facsimile: (415) 399-3838 E-mail: dcroley@fddcm.com koneal@fddcm.com VAXART INC: Bids to Seal Class Cert. Docs Tossed ------------------------------------------------ In the class action lawsuit captioned as Himmelberg v. Vaxart, Inc. et al., Case No. 3:20-cv-05949 (N.D. Cal., Filed Aug. 24, 2020), the Hon. Judge Vince Chhabria entered an order as follows: -- The motions to seal materials filed in connection with the opposition to the motion for class certification and the reply in support of class certification are denied because no statements in support of sealing those materials were submitted. -- The motion to seal materials filed in connection with the motion for class certification is granted as to Ex. D and footnotes 123 and 273 of Ex. A, and denied as to the motion itself and the remaining redactions in Ex. A. -- The parties are ordered to refile any provisionally sealed documents, sealed in accordance with this order, by January 3. Separately, many of the defendants' sealing requests are rivolous. -- The defendants and their lawyers will be sanctioned if they submit a similarly frivolous sealing request in the future. The nature of suit states Securities Fraud. Vaxart is a clinical-stage biotechnology company that discovers and develops oral recombinant protein vaccines based on its proprietary oral vaccine.[CC] WALSWORTH PUBLISHING: Pearce Sues Over Unprotected Personal Info ---------------------------------------------------------------- CHARMAINE PEARCE, individually and on behalf of others similarly situated, Plaintiff v. WALSWORTH PUBLISHING COMPANY, INC. Defendant, Case No. 2:24-cv-00102-JSD (E.D. Mo., December 10, 2024) is an action on behalf of the Plaintiff and all other similarly situated victims as a result of a recent cyberattack and data breach involving the personally identifiable information suffered by Walsworth Publishing. On February 9, 2024, an unknown and unauthorized criminal actor gained access to Defendant's network and exfiltrated, at a minimum, the plaintiff and others' name, payment card number, expiration date, and CVV or security code, or PII. The Plaintiff brings this class action lawsuit on behalf of those similarly situated to address Defendant's inadequate safeguarding of Class Members' PII that Defendant collected and maintained, and for failing to provide timely and adequate notice to Plaintiff and other Class Members that their information had been subject to the unauthorized access by an unknown third party. As a result of the Data Breach, Plaintiff and Class Members have been exposed to a present and imminent risk of fraud and identity theft. The Plaintiff and Class Members must now and in the future closely monitor their financial accounts to guard against identity theft, says the suit. Walsworth Publishing Company, Inc., a Missouri corporation, is a commercial printing company.[BN] The Plaintiff is represented by: Andrew J. Shamis, Esq. SHAMIS & GENTILE P.A. 14 NE 1st Ave., Suite 705 Miami, FL 33132 Telephone: (305) 479-2299 E-mail: ashamis@shamisgentile.com WEBMD LLC: Bid to Strike Expert Report Partly OK'd -------------------------------------------------- In the class action lawsuit captioned as LINDA M JANCIK, et al., v. WEBMD LLC, Case No. 1:22-cv-00644-TWT (N.D. Ga.), the Hon. Judge Thomas Thrash, Jr. entered an order granting in part and denying in part Defendant's motion to strike Plaintiff's expert report or alternatively grant leave to file a sur-reply. -- The motion is granted with respect to excluding Opinion 2 of the expert report but denied with respect to excluding Opinion 1 of the expert report. -- The motion is also granted with respect to allowing leave for WebMD to file a sur-reply to Plaintiff Linda M. Jancik's Motion to Certify Class. WebMD may file a sur-reply within 45 days of the date of this Order. The Court grants the Defendant 30 days from the date of this Order to depose Verkhovskaya. The Court agrees with WebMD that Opinion 2 of the Verkhovskaya Report does not discuss the "same subject matter" as the Vint Report and is not intended to rebut it. The Court finds there is a valid reason to allow a sur-reply in the instant case. The Plaintiff Jancik alleges that Defendant WebMD violated the Video Privacy Protection Act by improperly disclosing her and other putative class members' personally identifiable information. Pending before the Court is Jancik's Motion to Certify Class. She proposes the following class (the "Class"): "All persons in the United States who, from Feb. 17, 2020 through the date on which class notice is disseminated, had the same email address associated with a subscription to webmd.com and a Facebook account, and for whom there is associated Event Data in the possession of Meta Platforms, Inc. showing their video-viewing behavior on webmd.com." And she alternatively proposes the following subclass (the "Subclass"): "All persons in the United States who, from Feb. 17, 2020 through the date on which class notice is disseminated, had the same email address associated with a newsletter subscription to webmd.com and a Facebook account, and for whom there is associated Event Data in the possession of Meta Platforms, Inc. showing their video-viewing behavior on webmd.com that was accessed through a webmd.com newsletter." WebMD provides a full-service Internet healthcare portal. A copy of the Court's order dated Dec. 10, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=tXvbby at no extra charge.[CC] WHATABURGER RESTAURANTS: Esquivel Appeals ERISA Suit Dismissal -------------------------------------------------------------- MANUEL ESQUIVEL is taking an appeal from a court order dismissing the lawsuit entitled Manuel Esquivel, on behalf of himself and all others similarly situated, Plaintiff, v. Whataburger Restaurants, LLC, et al., Defendants, Case No. 5:24-cv-00310, in the U.S. District Court for the Western District of Texas. As previously reported in the Class Action Reporter, the lawsuit is brought against the Defendants for violation of the Employee Retirement Income Security Act (ERISA). On June 17, 2024, the Defendants filed a motion to dismiss the Plaintiff's complaint, which Judge Xavier Rodriguez granted on Nov. 8, 2024. The Plaintiff's claim against the Defendants were dismissed without prejudice for lack of subject matter jurisdiction. The appellate case is captioned Esquivel v. Whataburger, Case No. 24-50976, in the United States Court of Appeals for the Fifth Circuit, filed on December 10, 2024. [BN] Plaintiff-Appellant MANUEL ESQUIVEL, individually and on behalf of all others similarly situated, is represented by: John Saul Edwards, Jr., Esq. AJAMIE, LLP 711 Louisiana Street Pennzoil Place S. Tower Houston, TX 77002 Telephone: (713) 860-1600 Defendants-Appellees WHATABURGER RESTAURANTS, LLC, et al., are represented by: Dylan Fedderman, Esq. VALKENAAR, PLLC 7898 Broadway San Antonio, TX 78209 Telephone: (410) 718-8686 WHOLE FOODS: Seeks to Modify Class Certification Briefing Schedule ------------------------------------------------------------------ In the class action lawsuit captioned as SARA SAFARI, PEYMON KHAGHANI, on behalf of themselves and all others similarly situated, and FARM FORWARD, on behalf of the general public, v. WHOLE FOODS MARKET SERVICES, INC., a Delaware corporation, WHOLE FOODS MARKET CALIFORNIA, INC., a California corporation, MRS. GOOCH’S NATURAL FOOD MARKETS, INC., doing business as Whole Foods Market, a California Corporation, Case No. 8:22-cv-01562-JWH-KES (C.D. Cal.), the Defendants ask the Court to enter an order granting ex parte application to modify the class certification briefing schedule: The Defendants contend that the application must be granted because: (1) Plaintiffs' three expert witnesses offering opinions in support of Plaintiffs' Motion for Class Certification are not available for deposition until January 8, 16, and 17 respectively; (2) Safari is not available for deposition until January 3, 2025; (3) Plaintiffs unilaterally set the deposition of another fact witness, Jay Friedman, for Jan. 17, 2025; (4) Farm Forward, a foundational fact witness on whom Plaintiffs rely to establish the existence of the alleged misrepresentations, has delayed its production of documents due in August (almost five months ago) until yesterday and only made a very limited, partial production; (5) Defendants have previously worked with Plaintiffs' counsel to extend deadlines when faced with similar prejudicial issues; and (6) Plaintiffs' continue to push on tangential merit discovery issues in an effort to distract defense counsel during this briefing period and busy holiday season. The Defendants request that the Court grant this application and modify the current briefing and hearing schedule to the following: (1) Defendants' Opposition due Feb. 14, 2025; (2) Plaintiffs' Reply due Apr. 4, 2025; and (3) hearing May 9, 2025, or a date convenient to the Court's calendar. On Dec. 6, 2024, Plaintiffs filed their motion for class certification. On Dec. 13, 2024, the Defendants requested that Plaintiffs agree to modify the class certification briefing schedule to allow Defendants an additional three weeks for their opposition. Whole Foods is an American multinational supermarket chain. A copy of the Defendants' motion dated Dec. 19, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=Y7HQbp at no extra charge.[CC] The Defendants are represented by: Brian R. Blackman, Esq. J.T. Wells Blaxter, Esq. David P. Adams, Esq. BLAXTER | BLACKMAN LLP 601 Montgomery Street, Suite 1110 San Francisco, CA 941 E-mail: bblackman@blaxterlaw.com wblaxter@blaxterlaw.com dadams@blaxterlaw.com WIPRO LIMITED: McLean Bid for Leave to File SAC Partly OK'd ----------------------------------------------------------- In the class action lawsuit captioned as GREGORY MACLEAN, et al., individually and in their representative capacities, v. WIPRO LIMITED, Case No. 3:20-cv-03414-GC-JBD (D.N.J.), the Hon. Judge J. Brendan Day entered an order granting in part and denying in part the Plaintiffs' motion for leave to file a second amended complaint The Court further entered an order that: -- The Plaintiffs' motion to add a claim for citizenship discrimination under Section 1981 is denied. -- The plaintiffs' motion for leave to amend their complaint to add a claim for disparate impact under Title VII is granted. -- On or before Dec. 17, 2024, the plaintiffs may file a second amended complaint, in conformance with this Memorandum Order, adding only their claim for disparate impact. -- The parties shall meet and confer and, no later than Jan. 10, 2025, file via CM/ECF an agreed-upon proposed amended pretrial scheduling order through dispositive motion practice. The Court concludes that Wipro has failed to show that permitting plaintiffs to revive their disparate impact claim would "unfairly disadvantage Wipro or deprive it of the opportunity to present facts or evidence." The Plaintiffs filed their initial complaint against Wipro, a multinational information technology and consulting services company headquartered in India, on March 30, 2020. Wipro specializes in IT and computer related technologies. A copy of the Court's order dated Oct. 1, 2024, is available from PacerMonitor.com at https://urlcurt.com/u?l=M3Cvop at no extra charge.[CC] ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by 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 ***