/raid1/www/Hosts/bankrupt/CAR_Public/250107.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, January 7, 2025, Vol. 27, No. 5
Headlines
ABBOTT LABORATORIES: Garcia Files Personal Injury Suit in Ill.
ACCESS TELECARE: Aldana Sues Over Failure to Safeguard Data
ALLSTATE FIRE: Seeks to File Class Exhibits Under Seal
AMAZON INC: Plaintiffs Lose Bid for Class Certification
ARBY'S RESTAURANT: Sued Over Deceptive French Fries, Drinks' Sizes
ASCENDTEK LLC: Seeks Denial of Conditional Class Certification Bid
ASHLEY FURNITURE: Bid to Certify Classes in Todd Due Feb. 4, 2026
ATALCO GRAMERCY: Bosley Class Suit Removed to E.D. La.
BAUGHER RANCH: Mendoza Seeks Forklift Operators' Unpaid Wages
BIG FISH: Expert Supports Plaintiffs' Bid for Class Certification
BOTH INC: Parties Seek Hearing on Class Certification Bid
C&S WHOLESALE: Expert Discovery in Goodman Class Suit Due March 5
CAESARSTONE USA: Court Narrows Claims in Boldt Suit
CALIFORNIA COMMUNITY: Merriam Files Employment Suit in Calif.
CALIFORNIA STATE UNIVERSITY: Bid for Fee Sharing Agreement Tossed
CAPRI HOLDINGS: Hurwitz Sues Over Share Price Drop
CENTRAL STATE BANK: Filing for Class Cert Bid in Gray Due July 16
COMERICA BANK: Must Oppose Sparkman Class Cert Bid by Jan. 20
COUNTRY MUTUAL: Cameron Suit Removed to W.D. Washington
DEVRY UNIVERSITY: Bell Suit Removed to S.D. California
DOG RESORT: Sausaman Alleges Unlawful Business Practices
DUKE ENERGY: Private Info Compromised in Data Breach, Gipson Says
EAST LINCOLN FIRE: Gant Sues to Recover Unpaid Overtime Wages
ENLINK MIDSTREAM: M&A Investigates Proposed Merger With ONEOK
EPISCOPAL HEALTH: Davenport Sues Over Ethnic Discrimination
ER ENVOY AIR: Marquez Suit Removed to C.D. California
FANDUEL INC: Rodriguez Suit Removed to C.D. California
FEDEX CORP: Status Conference in Almonte Suit Set for Feb. 18
FOLSOM INSURANCE: Compelled to Provide Discovery Requests
GENESCO INC: McClure Suit Removed to C.D. California
GILEAD SCIENCES: Court Initially OK's Johnson Bid to Seal Materials
GILEAD SCIENCES: Searcy Seeks Rule 23 Class Certification
GILEAD SCIENCES: Searcy Seeks to Leave to File Materials Under Seal
HILCORP ENERGY: Class Cert Bid Filing in Colton Extended to Jan. 27
IME RESOURCES: Whips Suit Removed to E.D. California
J.R. SIMPLOT: IROC Sues Over Frozen Potato Product Price-fixing
KAISER FOUNDATION: Ramirez Sues Over Unlawful Labor Practices
KOHLS INC: Johnston Files TCPA Suit in E.D. Wisconsin
KONICA MINOLTA: Class Settlement in Luense Gets Initial Nod
MCM PRODUCTS: Tassler-Balli Files Suit in Cal. Super. Ct.
MUD WTR INC: Cantu Sues Over False Advertisement
NISSAN NORTH: Parties in Kemp Must File Status Update by Feb. 13
NISSAN NORTH: Parties in Bereda Must File Status Update by Feb. 13
OPTIMAL HEALTH: Dufton Suit Removed to E.D. California
PACIFIC SPICE: Ceja Files Suit in Cal. Super. Ct.
PAUL HESSE: Stay on Class Certification Bid Lifted
RECOVER-CARE: Vasquez Seeks to Certify FLSA Collective Action
SALLY BEAUTY: Freday Suit Removed to E.D. California
SELECTQUOTE AUTO: Must File Class Cert Response by Jan. 10
SELECTQUOTE AUTO: Seeks More Time to File Class Cert Response
SIGNIFY HEALTH: Phelps Suit Removed to D. Arizona
SOUTH FLORIDA STADIUM: Garn Suit Removed to S.D. Florida
SOUTHWEST AIRLINES: Escamilla Suit Removed to C.D. California
SRP FEDERAL CREDIT: Cerrato Sues Over Inadequate Data Security
TAKARA SAKE: Tunick Class Cert Reply Extended to Jan. 31
TENNESSEE GAS: Parties Seeks to Amend Class Cert Scheduling Order
TETRA TECH: Plaintiffs Lose Bid for Class Certification
TOP OF THE MAP: Lucombe Files TCPA Suit in M.D. Florida
TURQUOISE HILL: Plaintiff Seeks to Certify Class of Investors
UNITED AIRLINES: Tijerina Suit Removed to S.D. California
UNITED BEHAVIORAL: Seeks Leave to File Class Exhibits Under Seal
UNITED HEALTH: Mitchell Suit Seeks to Certify Rule 23 Class Action
UNITED SERVICES: Class Settlement in Dolan Gets Initial Nod
UNIVERSITY OF MAINE: Hardy Files Discrimination Class Action
VARSITY BRANDS: Faces Le Suit Over Unprotected Personal Info
VISA INC: Bueno Suit Transferred to S.D. New York
VISA INC: Settlement in ATM Surcharge Class Suit Gets Final Nod
WALSH GROUP LTD: Alvarez Sues Over Unpaid Regular, Overtime Wages
WAYNE COUNTY, MI: Ingram Seeks to Certify Class & Subclass
WILMINGTON TRUST: Henry Seeks to Certify Class Action
XTO ENERGY: Plaintiffs May File Amended Class Certification Bid
ZUFFA LLC: Reza Seeks Prelim OK of Class Settlement
*********
ABBOTT LABORATORIES: Garcia Files Personal Injury Suit in Ill.
--------------------------------------------------------------
A class action has been filed against Abbott Laboratories Employees
Credit Union. The case is styled as Lloyd Garcia and Karla Garcia,
on behalf of themselves and all others similarly situated,
Plaintiffs v. Abbott Laboratories Employees Credit Union,
Defendant, Case No. 1:24-cv-10973 (N.D. Ill., October 24, 2024).
The suit is brought against the Defendant for personal injury
claims.
The case is assigned to the Hon. Judge Thomas M. Durkin.
Abbott Laboratories Employees Credit Union operates as a bank.[BN]
The Plaintiffs are represented by:
Joshua Jon Sanford, Esq.
SANFORD LAW FIRM, PLLC
10800 Financial Centre Pkwy., Suite 510
Little Rock, AR 72211
Telephone: (501) 221-0088
Facsimile: (888) 787-2040
E-mail: ecfnotices@sanfordlawfirm.com
The Defendant is represented by:
Dmitry Shifrin, Esq.
POLSINELLI PC
150 N. Riverside Plaza, Suite 3000
Chicago, IL 60606
Telephone: (312) 463-6325
E-mail: dshifrin@polsinelli.com
ACCESS TELECARE: Aldana Sues Over Failure to Safeguard Data
-----------------------------------------------------------
Daniel Aldana, individually and on behalf of all others similarly
situated v. Access Telecare, LLC, Case No. 3:24-cv-03254-X (N.D.
Tex., Dec. 27, 2024), is brought arising out of Defendant's
failures to implement reasonable and industry standard data
security practices to properly secure, safeguard, and adequately
destroy Plaintiff's and Class Members' sensitive personal
identifiable information that it had acquired and stored for its
business purposes.
The Defendant's data security failures allowed a targeted
cyberattack to compromise Defendant's network (the "Data Breach")
that, upon information and belief, contained personally
identifiable information ("PII") and protected health information
("PHI") (collectively, "Private Information") of Plaintiff and
other individuals ("the Class"). The Data Breach occurred between
November 6, 2023, and January 8, 2023, and Defendant began sending
notice letters to Class Members on December 23, 2024.
The Defendant confirmed the Data Breach on August 30, 2024.
However, Defendant failed to notify Plaintiff and Class Members
until December 23, 2024, approximately eleven months after
discovering the Data Breach. The Private Information compromised in
the Data Breach included certain personal or protected health
information of individuals whose Private Information was maintained
by Defendant, including Plaintiff. A wide variety of Private
Information was implicated in the breach, including potentially:
names, dates of birth, medical record numbers, medical information,
treatment information, clinical information, provider location, and
provider names.
The Data Breach was a direct result of Defendant's failure to
implement adequate and reasonable cyber-security procedures and
protocols necessary to protect individuals' Private Information
with which it was hired to protect.
The Defendant disregarded the rights of Plaintiff and Class Members
by, inter alia, intentionally, willfully, recklessly, and/or
negligently failing to take adequate and reasonable measures to
ensure its data systems were protected against unauthorized
intrusions; failing to disclose that it did not have adequately
robust computer systems and security practices to safeguard
Plaintiff's and Class Members' Private Information; failing to take
standard and reasonably available steps to prevent the Data Breach;
and failing to provide Plaintiff(s) and Class Members with prompt
and full notice of the Data Breach, says the complaint.
The Plaintiff has received telemedicine care in the past but is
unaware how Defendant obtained his Private Information.
The Defendant is a provider of telemedicine who services over seven
million patients across the United States.[BN]
The Plaintiff is represented by:
Bruce Steckler, Esq.
STECKLER, WAYNE, & LOVE
12720 Hillcrest Road
Dallas, TX 75230
Phone: (972) 387-4040
Email: bruce@stecklerlaw.com
- and -
Jeff Ostrow, Esq.
KOPELOWITZ OSTROW FERGUSON WEISELBERG GILBERT
One West Las Olas Blvd, Suite 500
Fort Lauderdale, FL 33301
Phone: (954) 525-4100
Email: ostrow@kolawyers.com
ALLSTATE FIRE: Seeks to File Class Exhibits Under Seal
-------------------------------------------------------
In the class action lawsuit captioned as Brian Dorazio, on behalf
of his minor daughter, A.D, v. Allstate Fire and Casualty Insurance
Company, an Illinois Corporation, Case No. 2:23-cv-00017-KML (D.
Ariz.), the Defendant asks the Court to enter an order granting its
motion to file under seal portions of its exhibits to its
opposition to Plaintiff's motion for class certification:
-- Exhibit B, the expert report of L. Lamar Blount, refers to the
medical records of Plaintiff, a minor, and Plaintiff's sibling.
To
protect their sensitive medical data, Defendant requests that
the
Blount Report be filed with limited redactions. An unredacted
copy
will be filed under seal.
-- Further, Exhibit 1 to the Declaration of Greg Hamblin contains
confidential and propriety information regarding specific
UM/UIM
claims adjusted by Defendant. The information concerning the
damages suffered by each claimant, as well as Allstate's
evaluation and settlement of each claim, is confidential to
each
claimant and to Allstate.
-- Accordingly, Allstate requests that Exhibit 1 to the Hamblin
Declaration be filed under seal in its entirety. Additionally,
certain paragraphs in the Hamblin Declaration (Exhibit A to
Defendant’s Opposition) refer to specific claims referenced
in
Exhibit 1 and should be redacted. A unredacted copy will be
filed
under seal.
Allstate operates as an insurance firm. The Company offers auto,
home, renters, condo, motorcycle, life, and roadside insurance
services.
A copy of the Defendant's motion dated Dec. 31, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cPrvAQ at no extra
charge.[CC]
The Defendant is represented by:
Monica R. Thompson, Esq.
Steven Levy, Esq.
Jacqueline A. Giannini, Esq.
Jeffrey A. Zachman, Esq.
DENTONS US LLP
2398 Camelback Road, Suite 850
Phoenix, AZ 85016-9007
Telephone: (602) 508-3968
E-mail: monica.thompson@dentons.com
steven.levy@dentons.com
jacqui.giannini@dentons.com
jeffrey.zachman@dentons.com
AMAZON INC: Plaintiffs Lose Bid for Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as BERNARD WAITHAKA, et al.,
v. AMAZON, INC., et al., Case No. 2:19-cv-01320-JCC (W.D. Wash.),
the Hon. Judge John Coughenour entered an order:
-- Denying the Plaintiffs' motion for class certification, and
-- Dismissing the Plaintiff's Wage Act claim (Count II) without
prejudice.
The Plaintiff proposes the following class:
"All Amazon Flex delivery drivers who have worked in the
Commonwealth of Massachusetts at any time since Aug. 23,
2014."
The Plaintiff originally brought suit in Massachusetts state court
in 2018 before the case was removed and then transferred to this
District. The complaint brings three employment claims under state
law.
Count I alleges that Defendants misclassified Plaintiff as an
independent contractor. Count II alleges that Plaintiff is owed
unpaid business expenses under the Massachusetts Wage Act. \
These expenses include the cost of his phone to use the Amazon Flex
application and the mileage on his personal vehicle. Count III
alleges that Defendants did not pay Plaintiff the state minimum
wage under the Massachusetts Minimum Wage Law.
The Plaintiff is a delivery driver for Defendants' Amazon Flex
program.
Amazon.com is an online retailer and web service provider,
A copy of the Court's order dated Dec. 31, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=puJQC1 at no extra
charge.[CC]
ARBY'S RESTAURANT: Sued Over Deceptive French Fries, Drinks' Sizes
------------------------------------------------------------------
Bernadette Giacomazzo, writing for RetailWire, reports that Arby's
is at the center of two class action lawsuits. The first was
brought by a New York woman who claims that the restaurant did not,
in fact, have the meats.
The New York Post reports that a Queens woman claims that the
fast-food restaurant reduced the sizes of french fries and drinks
served without cutting its prices or informing patrons of the new,
smaller sizes.
"Arby's deceptively continues to sell its fries and beverages in
smaller sizes which are now substantially smaller than the old
sizes," the suit, filed in Queens County Supreme Court, alleges.
"The increase in prices may never be noticed by Arby's purchasers,
who may be left only with a strange feeling, short of satiety, even
though this was due to . . . downsizing."
Lawyers for Ridgewood resident Melissa Nelson discovered that
Arby's phased away its kids' sized fries, making that portion the
new small, the previous small the new medium, and the old medium
the new large after comparing the nutritional data for its various
sizes. Nelson aims to represent all New Yorkers who bought drinks
and french fries at Arby's throughout the state prior to the
reduction in portion sizes.
Joseph Alongis of New York filed a similar lawsuit against the
fast-food chain last month. The Russo Trial Lawyers represent him
in his class action lawsuit.
Arby's Is the Latest Fast-Food Restaurant at the Center of a Class
Action Lawsuit
This isn't the only class action lawsuit being faced by the
fast-food industry. Last month, McDonald's was at the center of a
class action lawsuit after customers complained that they were
being hit with a surcharge for orange juice.
A Santa Monica, California-based litigation firm called Top Class
Actions is defending customers who claim that the fast-food
juggernaut deceptively advertises its breakfast combos with images
of orange juice for a set price, but then charges customers more
for the juice. The plaintiffs contend that by adding a "hidden"
surcharge, this approach violates consumer protection rules and
causes customers to incur unanticipated costs.
In order to make McDonald's responsible for its pricing and
advertising strategies, the lawsuit seeks damages for affected
consumers as well as changes to the way the business presents its
morning menu. [GN]
ASCENDTEK LLC: Seeks Denial of Conditional Class Certification Bid
------------------------------------------------------------------
In the class action lawsuit captioned as JOSHUA MORRIS,
Individually and for Others Similarly Situated, v. ASCENDTEK, LLC,
a Delaware limited liability company, Case No. 2:24-cv-00565-KKE
(W.D. Wash.), the Defendant asks the Court to enter an order
denying the plaintiff's motion for conditional class
certification.
The Plaintiff has failed to establish defendant had a common policy
of "job site scheme." Additionally, plaintiff has failed to show
defendant had a common policy "per diem pay scheme," the Defendant
contends.
AscendTek opposes plaintiff's motion for conditional class
certification. Plaintiff has failed to meet the burden for
conditional certification inasmuch as he has failed to show a
"common injury" to the putative class members. While defendant had
some
company-wide policies, those align with the law.
Any alleged wage violations would be contrary to company policy and
thus due to individual mistakes, misunderstandings, or local
instructions.
The Plaintiff requests the Court grant conditional certification
and authorize notice to be sent to a group generically described
as:
"All hourly, non-exempt AscendTek employees who were subject to
AscendTek's (1) jobsite pay scheme and/or (2) per diem pay
scheme
at any time during the past 3 years (the "Hourly Employees")."
The Plaintiff worked as a Tower Foreman in Washington, overseeing a
crew of other employees.
The Defendant operated various locations in the United States to
construct and maintain telecommunication towers to enable customers
to utilize 5G technologies.
A copy of the Defendant's motion dated Dec. 24, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DmTzoR at no extra
charge.[CC]
The Defendant is represented by:
Krishna Balasubramani, Esq.
SBH LEGAL
1200 Main Street
Portland, OR 9705
Telephone: (503) 225-5858
Facsimile: (503) 721-9272
E-mail: kbalas@sbhlegal.com
ASHLEY FURNITURE: Bid to Certify Classes in Todd Due Feb. 4, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as JAMIE TODD, et al., v.
ASHLEY FURNITURE INDUSTRIES, INC. et al., Case No.
3:24-cv-00615-wmc (W.D. Wis.), the Hon. Judge Anita Marie Boor
entered a preliminary pretrial conference order as follows:
-- Disclosure of proponents' class experts: Aug. 29, 2025
-- Disclosure of respondents' class experts: Oct. 28, 2025
-- Motions & Briefs to Certify/Decertify Classes: Feb. 4, 2026
-- Disclosure of liability experts
Proponents: July 20, 2026
Respondents: Sept. 2, 2026
-- Deadline for filing dispositive motions: Oct. 19, 2026
-- Rule 26(a)(3) Disclosures and all May 7, 2027
motions in limine:
-- Objections: May 28, 2027
-- First Final Pretrial Conference: June 16, 2027
-- Second Final Pretrial Conference: June 23, 2027
-- Trial: June 28, 2027
Ashley is an American home furnishings manufacturer and retailer.
A copy of the Court's order dated Dec. 31, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ra8hsw at no extra
charge.[CC]
ATALCO GRAMERCY: Bosley Class Suit Removed to E.D. La.
------------------------------------------------------
The case styled as Vina Bosley, et al., individually and on behalf
of all others similarly situated, Plaintiff v. Atalco Gramercy LLC,
Defendant Case No. 00042468, was removed from the 23rd Judicial
District Court, Parish of St. James, Louisiana to the United States
District Court for the Eastern District of Louisiana on October 24,
2024.
The Clerk of Court for the Eastern District of Louisiana assigned
Case No. 2:24-cv-02540-JTM-EJD to the proceeding.
The suit was brought against the Defendant over personal injury
claims.
The case is assigned to Judge Jane Triche Milazzo.
Atalco Gramercy LLC is an alumina and aluminum production and
processing company.[BN]
The Plaintiffs are represented by:
Scott R. Bickford, Esq.
Jason Zachary Landry, Esq.
Lawrence J. Centola, III, Esq.
Neil Franz Nazareth, Esq.
Spencer R. Doody, Esq.
MARTZELL & BICKFORD
338 Lafayette St.
New Orleans, LA 70130
Telephone: (504) 581-9065
E-mail: srb@mbfirm.com
jzl@mbfirm.com
lcentola@mbfirm.com
nnazareth@mbfirm.com
usdcedla@mbfirm.com
- and -
Dustin Reed Solt, Esq.
Laura L. Sheets, Esq.
Steven D. Liddle, Esq.
LIDDLE SHEETS P.C.
975 E. Jefferson
Detroit, MI 48207
Telephone: (313) 392-0015
E-mail: rsolt@LSCcounsel.com
lsheets@LSCcounsel.com
sliddle@lsccounsel.com
The Defendant is represented by:
Michael Brent Hicks, Esq.
BAKER, DONELSON, BEARMAN, CALDWELL
& BERKOWITZ, PC
450 Laurel Street, 21st Floor
Baton Rouge, LA 70801
Telephone: (225) 381-7054
E-mail: bhicks@bakerdonelson.com
- and -
Riley Svikhart, Esq.
BAKER, DONELSON, BEARMAN, CALDWELL
& BERKOWITZ, PC
201 St. Charles Avenue, Suite 3600
New Orleans, LA 70170
Telephone: (504) 566-8624
E-mail: rsvikhart@bakerdonelson.com
BAUGHER RANCH: Mendoza Seeks Forklift Operators' Unpaid Wages
-------------------------------------------------------------
Ferry Mendoza, individually and on behalf of all similarly situated
individuals, Plaintiff v. Baugher Ranch Organics, Inc., a
California Corporation; and Does 1-10, inclusive; Defendants, Case
No. 24CV03603 (Cal. Super., Butte Cty., October 24, 2024) arises
from the Defendants' alleged unlawful labor practices in violation
of the California Labor Code and the California Business and
Professions Code.
The Plaintiff began his employment in September 2023 until November
1, 2023 where he worked as a forklift operator. He alleges the
Defendants' failure to pay minimum wages, failure to pay overtime
wages, failure to provide meal and rest periods, failure to provide
sick leave, failure to furnish and maintain complete and accurate
wage statements and accurate records, failure to reimburse
necessary business expenses, failure to timely pay all wages and
pay all wages upon termination, and unfair competition.
Baugher Ranch Organics, Inc. is a supplier of organic almonds.[BN]
The Plaintiff is represented by:
Bardia Aaron Akhavan, Esq.
AKHAVAN & ASSOCIATES
15760 Ventura Boulevard, Suite 1720
Encino, CA 91436
Telephone: (855) 463-4733
E-mail: Bardia@baalaw.com
- and -
Navid Barahmand, Esq.
BARAHMAND LAW GROUP
7324 Sepulveda Boulevard, Suite B
Van Nuys, CA 91405
Telephone: (818) 574-3355
E-mail: navid@barahmandlaw.com
- and -
Elliot J. Siegel, Esq.
Julian Burns King, Esq.
KING & SIEGEL LLP
724 South Spring Street, Suite 201
Los Angeles, CA 90014
Telephone: (213) 465-4802
Facsimile: (213) 465-4803
E-mail: elliot@kingsiegel.com
julian@kingsiegel.com
BIG FISH: Expert Supports Plaintiffs' Bid for Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as NATHAN CAMPOS and JANET
GARVEY, v. BIG FISH GAMES, INC., et al., Case No. 2:22-cv-01806-RSM
(W.D. Wash.), accountant and economic damages expert Mr. MUHAMMAD
ANWAR KHAN declares support to the Plaintiffs' motion for class
certification.
Big Fish is a game developer focused on mobile games primarily in
the casino and slot game categories.
The Defendants are global game developers focused on mobile games
primarily in the casino and slot game categories.
Big Fish Casino and Jackpot Magic Slots are advertised as
free-to-play mobile games, wherein users can download and play
those games without charge.
After downloading these games, users get a first allotment of
virtual chips or coins, which Mr. Khan understands allow access to
certain gameplay features, such as allowing the user to wager chips
to play virtual slot machines.
Mr. Khan says that, after the initial allotment of virtual chips
and coins, users have additional opportunities to obtain more
virtual chips or coins for free.
Even though BFC and JMS can be free to play, users are presented
with opportunities to make in-app purchases of virtual items that
enable and extend gameplay, Mr. Khan adds.
Mr. Khan have been retained by counsel for Plaintiffs in to analyze
economic, accounting, and related issues using my expertise in
those fields and, specifically, in quantifying economic harm and
performing financial analysis, as an accountant and economic
damages expert, related to the Plaintiffs' claims against the
Defendants as its advertising and other business practices in the
mobile applications Big Fish Casino and Jackpot Magic.
Specifically, as part of Mr. Khan's, he provides a methodology for
measuring damages suffered by users as it relates to Plaintiffs'
claims regarding Big Fish Casino and Jackpot Magic Slots.
A copy of the Mr. Khan's declaration dated Dec. 23, 2024, is
available from PacerMonitor.com at https://urlcurt.com/u?l=QlZj7Z
at no extra charge.[CC]
The Plaintiffs are represented by:
LAW OFFICE OF CARL J. MARQUARDT, PLLC
34th Avenue, Suite 311
Seattle, WA 98122
Telephone: (206) 388-4498
BOTH INC: Parties Seek Hearing on Class Certification Bid
---------------------------------------------------------
In the class action lawsuit captioned as ADRIAN DAIL, et al.,
Individually and on behalf of all Others similarly situated, v.
BOTH, INC., et al., Case No. 2:23-cv-00276-JKW-DEM (E.D. Va.), the
Parties ask the Court to enter an order granting joint request to
hold a hearing on Plaintiffs' motion for Rule 23 class
certification and Fair Labor Standards Act (FLSA) conditional
certification.
Both Inc. is a bank holding company owning or controlling one or
more banks.
A copy of the Parties' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QC31SS at no extra
charge.[CC]
The Plaintiffs are represented by:
Harris D. Butler, III, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
Samantha Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
E-mail: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
The Defendants are represented by:
Paul DeCamp, Esq.
Kathleen Barrett, Esq.
EPSTEIN, BECKER & GREEN, P.C.
1227 25th Street, NW, Suite 700
Washington, DC 20037
Telephone: (202) 861-1819
Facsimile: (202) 861-3571
E-mail: pdecamp@ebglaw.com
kbarrett@ebglaw.com
- and -
Randy C. Sparks, Jr., Esq.
Catrina C. Waltz, Esq.
KAUFMAN & CANOLES, P.C.
1021 E. Cary Street, Suite 1400
Richmond, VA 23219
Telephone: (804) 771-5700
Facsimile: (888) 360-9092
E-mail: rcsparks@kaufcan.com
ccwaltz@kaufcan.com
C&S WHOLESALE: Expert Discovery in Goodman Class Suit Due March 5
-----------------------------------------------------------------
In the class action lawsuit captioned as ZIEGO GOODMAN, on behalf
of himself and others similarly situated, v. C&S WHOLESALE GROCERS,
LLC, Case No. 5:24-cv-04680-JMG (E.D. Pa.), the Hon. Judge John
Gallagher entered an amended scheduling order:
-- All fact and expert discovery in Phase (1) March 5,
2025
shall be completed no later than:
-- The parties shall submit a joint written Jan. 31,
2025
status update about their progress towards
mediation by:
C&S Wholesale is a national wholesale grocery supply company.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4q9VhF at no extra
charge.[CC]
CAESARSTONE USA: Court Narrows Claims in Boldt Suit
---------------------------------------------------
In the class action lawsuit captioned as SARAH BOLDT and LISA
JAIME, v. CAESARSTONE USA, INC. and IKEA US RETAIL LLC, Case No.
2:24-cv-02343-MEMF-AJR (C.D. Cal.), the Hon. Judge Maame
Ewusi-Mensah Frimpong entered an order as follows:
1. The Defendants' Motions to Dismiss are granted in part;
2. The Plaintiffs' class-wide allegations with regards to their
Magnuson–Moss Warranty Act (MMWA) Breach of Implied
Warranty
Claim (Fifth Cause of Action) are dismissed;
3. The Plaintiffs' CLRA, UCL, and Fraud claims (First, Second,
and
Sixth Causes of Action) are dismissed as to IKEA only with
leave
to amend; and
4. The Plaintiffs' unjust enrichment claim (seventh cause of
action) Under California Law is dismissed as to IKEA only
with
leave to amend.
Thus, the Court will construe the claim as a quasi-contract claim.
Nevertheless, as Plaintiffs' unjust enrichment claim against IKEA
specifically is based on "IKEA's failure to disclose the defects
and such other claims as provided in the Complaint," the Court
finds that the claim against IKEA should be dismissed with leave to
amend per its findings in Section III.D, supra.
Accordingly, the Court finds that Plaintiffs have satisfied their
notice requirements under the CLRA and the MMWA.
Around June 18, 2023, the Plaintiffs Sarah Boldt and Lisa Jaime
purchased 3cm KASKER Anthracite Stone Effect custom countertops
from IKEA Burbank location.
Caesarstone is engaged in the production and marketing of quartz
surfaces used for kitchen countertops, vanity tops, flooring, and
wall cladding.
A copy of the Court's order dated Dec. 24, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ycNmib at no extra
charge.[CC]
CALIFORNIA COMMUNITY: Merriam Files Employment Suit in Calif.
-------------------------------------------------------------
A class action has been filed against the BOARD OF GOVERNORS OF THE
CALIFORNIA COMMUNITY COLLEGES, et al. The case is captioned as Joan
Merriam, et al., on behalf of all others similarly situated,
Plaintiffs v. Board of Governors of the California Community
Colleges, et al., Defendants, Case No. 24CV021690 (Cal. Super.,
Sacramento Cty., October 24, 2024).
The Plaintiffs brought this suit against the Defendants over
alleged employment law violations.
A case management conference is set for November 21, 2025 before
Hon. Jill H. Talley.
California Community Colleges operates as a non-profit
organization. The Organization assists in raising and managing
funds to benefit, support, and enhance the college system.[BN]
The Plaintiffs are represented by:
Adam McNeile, Esq.
KEMNITZER, BARRON & KRIEG, LLP
1120 Mar West St., Suite C-2
Tiburon, CA 94920
Telephone: (415) 632-1979
CALIFORNIA STATE UNIVERSITY: Bid for Fee Sharing Agreement Tossed
-----------------------------------------------------------------
In the class action lawsuit captioned as Anders, et al., v.
California State University, Fresno, et al., Case No. 1:21-cv-00179
(E.D. Cal., Filed Feb. 12, 2021), the Hon. Judge Kimberly J.
Mueller entered an order denying the Defendants' request for the
fee sharing agreement between Caddell & Chapman and Clarkson Law
Firm, P.C.
On Dec. 23, 2024, the Court convened an informal discovery dispute
conference to address the parties' discovery dispute regarding
Defendants' request for the fee sharing agreement between Caddell &
Chapman and Clarkson Law Firm, P.C., the law firms representing
Plaintiffs.
The parties had previously filed letter briefs and stipulated to
the Court's resolution of the discovery dispute off of the record.
The Defendants' counsel contended that the fee sharing agreement
was relevant, as it impacted the Court's analysis of class counsel
adequacy during class certification pursuant to Federal Rule of
Civil Procedure 23(g).
The Defendants' counsel further argued that California Rule of
Professional Conduct 1.5.1(a) required Plaintiffs' consent to and
disclosure of the agreement.
The Plaintiffs' counsel contended that the fee sharing agreement
was not relevant to class certification, the fee sharing agreement
was not requested appropriately, and California Rule of
Professional Conduct 1.5.1(a) did not require disclosure of the
separate fee sharing agreement between Plaintiffs' counsel.
Plaintiffs' counsel Michael Caddell stated that the fee sharing
agreement between Plaintiffs' counsel was a "cooperating attorney
agreement" which delineated the roles between Caddell & Chapman as
local counsel and Clarkson Law Firm, P.C. as lead counsel.
The Court first noted that that the fee sharing agreement was not
relevant at the class certification stage, as the Rule 23 adequacy
analysis primarily consists of determining if there are any
apparent conflicts of interest between counsel and plaintiffs and
whether counsel has sufficient experience and resources to support
the litigation.
The Court does not presume officers of the Court are acting
unethically and more than speculation of improper conduct must be
offered.
The Court found that Defendants had not raised any adequacy issues
related to the fee sharing agreement beyond speculative concerns.
The Court further noted that production of the fee sharing
agreement raised concerns regarding disclosure of Plaintiffs'
counsel's litigation strategy.
The nature of suit states Civil Rights -- Education.[CC]
CAPRI HOLDINGS: Hurwitz Sues Over Share Price Drop
--------------------------------------------------
DAVID R. HURWITZ, individually and on behalf of all others
similarly situated, Plaintiff v. CAPRI HOLDINGS LIMITED, JOHN D.
IDOL, THOMAS J. EDWARDS, JR., TAPESTRY, INC., JOANNE C.
CREVOISERAT, and SCOTT A. ROE, Defendants, Case No.
1:24-cv-01410-UNA (D. Del., December 23, 2024) is a securities
class action on behalf of the Plaintiff and all persons who
purchased Capri stock or sold Capri puts between August 10, 2023
and October 24, 2024, both dates inclusive, seeking to pursue
remedies under the Securities Exchange Act of 1934 against Capri,
Tapestry, and certain Capri and Tapestry senior officers and
directors.
According to the complaint, the Defendants made materially false
and misleading statements because they misrepresented and failed to
disclose adverse facts about Capri's business, operations, market
dynamics, and the prospects for approval of the Capri Acquisition,
which were known to defendants or recklessly disregarded by them
that:
(a) the accessible luxury handbag market is a distinct and
well-defined market within the overall handbag market and
understood as such by the Individual Defendants, as well as by
other Capri and Tapestry executives;
(b) Capri and Tapestry maintained analogous production
facilities and supply chains for their accessible luxury handbags
that were distinct from the production facilities and supply chains
used to manufacture luxury or mass market handbags, confirming that
the accessible luxury handbag market is distinct from the mass
market and luxury handbag markets;
(c) Capri and Tapestry internally considered Coach and Michael
Kors to be each other's closest and most direct competitors;
(d) conversely, Capri and Tapestry did not internally consider
their handbag brands to be in direct competition with luxury
handbags or mass market handbags;
(e) a primary internal rationale for the Capri Acquisition was
to consolidate prevalent brands within the accessible luxury
handbag market so as to reduce competition, increase prices,
improve profit margins, and reduce consumer choice within that
market; and
(f) as a result of the above statements, the risk of adverse
regulatory actions and/or the Capri Acquisition being blocked was
materially higher than represented by Defendants.
As a result of this news, the price of Capri stock dropped from
$41.60 per share on October 24, 2024 to $21.26 per share on October
25, 2024, a nearly 50% decline on abnormally high trading volume.
The Plaintiff and other Class members suffered significant losses
and economic damages under the federal securities laws as a result
of Defendants' wrongful acts and omissions, and the precipitous
decline in the market value of Capri securities, asserts the
complaint.
Capri is a fashion firm that owns several fashion brands, such as
Michael Kors, which is a fashion house that manufactures and sells
handbags, among other things. Tapestry is similarly a fashion firm,
and it owns fashion brands such as Coach and Kate Spade. Like
Michael Kors, Coach and Kate Spade are fashion houses that
manufacture and sell, among other things, handbags.[BN]
The Plaintiff is represented by:
Christopher H. Lyons, Esq.
Tayler D. Bolton, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
1521 Concord Pike, Suite 301
Wilmington, DE 19803
Telephone: (302) 467-2660
E-mail: clyons@rgrdlaw.com
tbolton@rgrdlaw.com
CENTRAL STATE BANK: Filing for Class Cert Bid in Gray Due July 16
-----------------------------------------------------------------
In the class action lawsuit captioned as DAVID GRAY, on behalf of
himself and all others similarly situated, v. CENTRAL STATE BANK,
Case No. 3:24-cv-00086-RGE-SBJ (S.D. Iowa), the Hon. Judge Stephen
Jackson Jr. entered a scheduling conference order as follows:
1. A Jury Trial will be scheduled to begin on Dec. 7, 2026.
2. A Final Pretrial Conference will be held on Nov. 4, 2026.
3. The parties must exchange initial disclosures by Jan. 10,
2025.
4. Motions to add parties must be filed by Feb. 14, 2025.
5. Motions for leave to amend pleadings must be filed by Feb.
14,
2025.
6. The Plaintiff's motion for class certification must be filed
by
July 16, 2025.
-- Defendant's response due by Sept. 17, 2025.
-- Plaintiff's reply due by Oct. 15, 2025.
7. Plaintiff must designate expert witnesses and disclose their
written reports by Oct. 10, 2025.
8. Defendant must designate expert witnesses and disclose their
written reports by Dec. 12, 2025.
9. Plaintiff must designate rebuttal expert witnesses and
disclose
their written reports by Feb. 13, 2026.
10. Discovery must be completed by March 13, 2026.
Central State Bank is a full service community bank established in
1916 serving the Calera, Alabaster and Pelham, AL area.
A copy of the Court's order dated Dec. 27, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XmYOdD at no extra
charge.[CC]
COMERICA BANK: Must Oppose Sparkman Class Cert Bid by Jan. 20
-------------------------------------------------------------
In the class action lawsuit captioned as PAULA SPARKMAN, on behalf
of herself and all others similarly situated, v. COMERICA BANK, a
foreign corporation, and CONDUENT STATE & LOCAL SOLUTIONS, INC., a
foreign corporation, Case No. 4:23-cv-02028-DMR (N.D. Cal.), the
Hon. Judge Donna Ryu entered an order resetting the case scheduling
deadlines as follows:
Event Deadline
Opposition to class certification motion: Jan. 20, 2025
Completion of Defendants' document Jan. 3, 2025
production
Reply to class certification motion: Feb. 3, 2025
Last day to file a motion relating to Jan. 10, 2025
written discovery:
Hearing on class certification motion: Feb. 27/2025
at 1:00 p.m.
Last day for hearing dispositive motions: May 22, 2025
at 1:00 p.m.
Pretrial Conference: June 18, 2025
at 2:00 p.m.
Jury Trial: July 1, 2025
at 8:30 a.m.
Comerica offers saving and current account, investment, financial
services, online banking, and loan facilities.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ih3qs0 at no extra
charge.[CC]
The Plaintiff is represented by:
Beth E. Terrell, Esq.
Blythe H. Chandler, Esq.
Jasmin Rezaie-Tirabadi, Esq.
TERRELL MARSHALL LAW GROUP PLLC
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
Telephone: (206) 816-6603
Facsimile: (206) 319-5450
E-mail: bterrell@terrellmarshall.com
bchandler@terrellmarshall.com
jrezaie@terrellmarshall.com
- and -
Sophia M. Rios, Esq.
BERGER MONTAGUE PC
8241 La Mesa Blvd., Suite A
La Mesa, CA 91942
Telephone: (619) 489-0300
Facsimile: (215) 875-4604
E-mail: srios@bm.net
- and -
Daniel A. Schlanger, Esq.
SCHLANGER LAW GROUP LLP
80 Broad Street, Suite 1301
New York, NY 10016
Telephone: (212) 500-6114
Facsimile: (646) 612-7996
E-mail: dschlanger@consumerprotection.net
The Defendants are represented by:
Jenny N. Perkins, Esq.
Colin P. Kane, Esq.
Mitchell Turbenson, Esq.
BALLARD SPAHR LLP
1735 Market Street, 51st Floor
Philadelphia, Pennsylvania 19103
Telephone: (215) 665-8500
E-mail: perkinsj@ballardspahr.com
kanec@ballardspahr.com
turbensonm@ballardspahr.com
- and -
John C. Grugan, Esq.
HOLLAND & KNIGHT LLP
1650 Market Street, Suite 3300
Philadelphia, PA 19103
Telephone: (215) 252-9610
E-mail: john.grugan@hklaw.com
COUNTRY MUTUAL: Cameron Suit Removed to W.D. Washington
-------------------------------------------------------
The case styled as George Cameron and Janin Cameron, Country Mutual
Insurance Company claimants, and all others similarly situated
throughout Washington State and the United States of America v.
COUNTRY MUTUAL INSURANCE COMPANY, an insurance company, COUNTRY
FINANCIAL, an insurance conglomerate, COUNTRY CASUALTY INSURANCE
COMPANY, an insurance company, COUNTRY PREFERRED INSURANCE COMPANY,
an insurance company, COUNTRY INVESTOR LIFE ASSURANCE COMPANY, an
insurance company and COUNTRY LIFE INSURANCE COMPANY, an insurance
company, Case No. 1:24-cv-03075-MKD 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 Dec. 27,
2024, and assigned Case No. 2:24-cv-02147.
The First Action alleged that Defendants failed to follow minimum
claim settlement practices set forth in WAC 284-30-300 through WAC
284-30-400, and therefore Defendants violated the Washington
Consumer Protection Act ("CPA").[BN]
The Defendants are represented by:
Kristin Asai, Esq.
HOLLAND & KNIGHT LLP
601 SW Second Avenue, Suite 1800
Portland, OR 97204
Phone: 503.243.2300
Fax: 503.241.801
Email: kristin.asai@hklaw.com
DEVRY UNIVERSITY: Bell Suit Removed to S.D. California
------------------------------------------------------
The case styled as Delainya Bell, on behalf of others similarly
situated v. DEVRY UNIVERSITY, INC.; and DOES 1 through 50,
inclusive, Case No. 24CU024488C was removed from the Superior Court
of the State of California for the County of San Diego, to the U.S.
District Court for the Southern District of California on Dec. 26,
2024, and assigned Case No. 3:24-cv-02464-BEN-BLM.
The Plaintiff Bell alleges that DeVry failed to pay all wages owed
upon separation of employment to all "current and former non-exempt
employees" who worked for DeVry in California from June 1, 2020
"through the date of class certification."[BN]
The Defendants are represented by:
Mark W. Wallin, Esq.
Michael P. Witczak, Esq.
BARNES & THORNBURG LLP
2029 Century Park East, Suite 300
Los Angeles, CA 90067
Phone: (310) 284-3880
Facsimile: (310) 284-3894
Email: Mark.wallin@btlaw.com
michael.witczak@btlaw.com
DOG RESORT: Sausaman Alleges Unlawful Business Practices
--------------------------------------------------------
SACHIE SAUSAMAN, ROSEMARY GRANT, and NATASHA WELED, and all
similarly situated, Plaintiffs v. THE DOG RESORT, LLC, Defendants,
Case No. 24-2-24535-9 KNT (Wash. Super., King Cty., October 24,
2024) is a class action against the Defendant for breach of
contract, unjust enrichment, quantum meruit, conversion, and
declaratory judgment.
TDR sold full-day daycare, half-day daycare, private room daycare
(full- and half-day), grooming, "classic" boarding, "private room"
boarding, "red run" anti-social dog boarding, and other packages to
members of the public, which included Plaintiffs.
The Plaintiffs bring this suit as a class action on behalf of
themselves and a Plaintiff Class comprised of all persons who have
remaining and unreimbursed daycare, boarding, private boarding,
grooming, anti-social dog boarding, or other credits of any kind.
The Plaintiffs assert that TDR has not provided the services
reserved and prepaid by them.[BN]
The Plaintiffs are represented by:
Adam P. Karp, Esq.
ANIMAL LAW OFFICES, PLLC
114 W. Magnolia St., Ste. 400-104
Bellingham, WA 98225
Telephone: (888) 430-0001
Facsimile: (833) 878-6835
E-mail: adam@animal-lawyer.com
DUKE ENERGY: Private Info Compromised in Data Breach, Gipson Says
-----------------------------------------------------------------
KELLI GIPSON and ALYSSA GASEOR, on behalf of themselves and all
others similarly situated, Plaintiffs v. DUKE ENERGY CORPORATION,
Defendant, Case No. 3:24-cv-01120 (W.D.N.C., December 23, 2024) is
a class action against the Defendant for its failure to properly
secure and safeguard Plaintiffs' and other similarly situated
customers' private information from hackers.
On or about December 12, 2024, DEC sent out data breach letters to
individuals whose information was compromised as a result of a
hacking incident. Based on the notice, DEC detected unusual
activity on some of its computer systems in May 2024. In response,
the company conducted an investigation which revealed that an
unauthorized party had access to certain company files between May
20, 2024, and May 24, 2024. Yet, DEC waited roughly seven months to
notify the public that they were at risk.
The Plaintiffs bring this class action lawsuit to address DEC's
inadequate safeguarding of Class Members' Private Information that
it collected and maintained, and its failure to provide timely and
adequate notice to Plaintiffs and Class Members of the types of
information that were accessed, and that such information was
subject to unauthorized access by cybercriminals. The Plaintiffs
seek to remedy these harms on behalf of themselves and all
similarly situated individuals whose Private Information was
accessed and/or compromised during the Data Breach, says the suit.
Duke Energy Corporation, based in Charlotte, North Carolina, is an
energy holding company that serves more than 8 million customers in
seven states.[BN]
The Plaintiffs are represented by:
Dana Smith, Esq.
Tyler J. Bean, Esq.
Gabrielle Williams, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: dsmith@sirillp.com
tbean@sirillp.com
gwilliams@sirillp.com
EAST LINCOLN FIRE: Gant Sues to Recover Unpaid Overtime Wages
-------------------------------------------------------------
Adam Gant, Dale Bogle, and Brandon Auten, individually and on
behalf of all others similarly situated v. EAST LINCOLN FIRE
DEPARTMENT, INC., Case No. (W.D.N.C., Dec. 27, 2024), is brought
pursuant to the Fair Labor Standards Act ("FLSA") to recover unpaid
overtime wages and statutory penalties for Plaintiffs and any
similarly situated co-workers who work or have worked for the
Defendant and performed more than 40 hours of work on the
Defendant's behalf in a workweek and were not properly compensated
for their overtime wages (the "Collective").
The Defendant's violations of the FLSA were willful. The Defendant
knew, and was aware at all times, that Plaintiffs and the
Collective were not paid for all overtime hours worked because
Plaintiffs and the Collective complained to the Defendant about not
being paid overtime correctly in violation of the FLSA. The
Defendant's officers and board members responded to these
complaints by stating that the Defendant was "properly" paying
overtime under the FLSA. The Defendant also knew or should have
known that Plaintiffs and the Collective worked overtime hours
because it scheduled Plaintiffs and the Collective to work more
than 40 hours per workweek.
The Plaintiffs and the Collective were subject to the Defendant's
uniform policies and practices and were victims of the Defendant's
scheme to deprive them of overtime compensation. As a result of the
Defendant's improper and willful failure to pay Plaintiffs and the
Collective in accordance with the requirements of the FLSA, they
have suffered lost wages and other related damages, says the
complaint.
The Plaintiff worked for the Defendant.
The Defendant is a non-profit, volunteer fire department that
provides firefighting services to parts of Lincoln County, North
Carolina.[BN]
The Plaintiff is represented by:
Philip J. Gibbons, Jr., Esq.
Corey M. Stanton, Esq.
GIBBONS LAW GROUP, PLLC
14045 Ballantyne Corporate Place, Suite 325
Charlotte, NC 28277
Phone: (704) 612-0038
Email: phil@gibbonslg.com
corey@gibbonslg.com
ENLINK MIDSTREAM: M&A Investigates Proposed Merger With ONEOK
-------------------------------------------------------------
Monteverde & Associates PC (the "M&A Class Action Firm"),
headquartered at the Empire State Building in New York City, is
investigating:
-- EnLink Midstream, LLC (NYSE: ENLC), relating to the proposed
merger with ONEOK. Under the terms of the agreement, each
outstanding EnLink common unit will be converted into 0.1412 shares
of ONEOK common stock.
ACT NOW. The Shareholder Vote is scheduled for January 30, 2025.
Click link for more
https://monteverdelaw.com/case/enlink-midstream-llc-enlc/. It is
free and there is no cost or obligation to you.
-- Brightcove Inc. (NASDAQ: BCOV), relating to the proposed
merger with Bending Spoons. Under the terms of the agreement,
Brightcove shareholders will receive $4.45 per share in cash for
each share of Brightcove common stock that they own.
ACT NOW. The Shareholder Vote is scheduled for January 30, 2025.
Click link for more
https://monteverdelaw.com/case/brightcove-inc-bcov/. It is free and
there is no cost or obligation to you.
-- Spirit AeroSystems Holdings, Inc. (NYSE: SPR), relating to its
proposed merger with The Boeing Company. Under the terms of the
agreement, Spirit shareholders will receive $37.25 in cash at
closing per share of Spirit common stock they own.
ACT NOW. The Shareholder Vote is scheduled for January 31, 2025.
Click link for more information
https://monteverdelaw.com/case/spirit-aerosystems-holdings-inc/. It
is free and there is no cost or obligation to you.
-- Global Star Acquisition Inc. (NASDAQ: GLST), relating to the
proposed merger with K Enter Holdings Inc. Under the terms of the
agreement, it is anticipated Global Star's public stockholders will
own approximately 3.3% of the issued ordinary shares of the
surviving company.
ACT NOW. The Shareholder Vote is scheduled for February 3, 2025.
Click link for more
https://monteverdelaw.com/case/global-star-acquisition-inc-glst/.
It is free and there is no cost or obligation to you.
Monteverde & Associates PC Logo
NOT ALL LAW FIRMS ARE THE SAME. Before you hire a law firm, you
should talk to a lawyer and ask:
1. Do you file class actions and go to Court?
2. When was the last time you recovered money for
shareholders?
3. What cases did you recover money in and how much?
About Monteverde & Associates PC
Our firm litigates and has recovered money for shareholders…and
we do it from our offices in the Empire State Building. We are a
national class action securities firm with a successful track
record in trial and appellate courts, including the U.S. Supreme
Court.
No company, director or officer is above the law. If you own common
stock in any of the above listed companies and have concerns or
wish to obtain additional information free of charge, please visit
our website or contact Juan Monteverde, Esq. either via e-mail at
jmonteverde@monteverdelaw.com or by telephone at (212) 971-1341.
Contact:
Juan Monteverde, Esq.
MONTEVERDE & ASSOCIATES PC
The Empire State Building
350 Fifth Ave. Suite 4740
New York, NY 10118
United States of America
jmonteverde@monteverdelaw.com
Tel: (212) 971-1341
Attorney Advertising. (C) 2024 Monteverde & Associates PC. The law
firm responsible for this advertisement is Monteverde & Associates
PC (www.monteverdelaw.com). Prior results do not guarantee a
similar outcome with respect to any future matter. [GN]
EPISCOPAL HEALTH: Davenport Sues Over Ethnic Discrimination
-----------------------------------------------------------
Russell Davenport, and all others similarly situated v. EPISCOPAL
HEALTH SERVICES, INC., ST. JOHN'S EPISCOPAL HOSPITAL SOUTH SHORE,
and ASNEL VALCIN, Case No. 1:24-cv-08821 (E.D.N.Y., Dec. 26, 2024),
is brought under the New York Labor Law alleging and seeking to
hold Defendants liable for ethnic discrimination, retaliation, and
hostile work environment and seeks damages including declaratory,
injunctive and equitable relief, and monetary damages including
economic damages, compensatory damages, punitive damages, and
attorneys' fees and costs.
The Defendants treated Archbishop Davenport in a reprehensible and
blatantly unlawful manner antithetical to both their identity as an
institution affiliated with the Christian faith and public stances
against discrimination. The Defendants discriminated against
Archbishop Davenport by refusing to permit him to follow his
religious precepts and cultural traditions.
The Defendants further refused to investigate when Archbishop
Davenport complained of sexual harassment (in violation of its
codified harassment policies), even after he supported his claim
with a sexualized video and hand-drawn art sent to him by the
harasser. Instead, Defendants retaliated against Archbishop
Davenport for speaking up about discrimination and harassment.
In addition, Archbishop Davenport was subject to systematic, class
and collective wide wage-and-hour violations that affected all
Chaplain Residents at EHS. Archbishop Davenport and other Chaplain
Residents at EHS were subject to common, unlawful time shaving
policies whereby they were forced to work off the clock, resulting
in a deprivation of overtime and regular wages. Archbishop
Davenport and other Chaplain Residents are entitled to liquidated
damages under NYLL due to delayed payment of wages, says the
complaint.
The Plaintiff Archbishop Davenport is an African-American, Senior
Pastor and Founder of the Arrow of Yahweh International Ministries
located in Cambria Heights, Queens, New York.
The Defendants EHS and St. John's are each educational institutions
that receive federal funding and are party to federal financial
assistance programs.[BN]
The Plaintiff is represented by:
Taimur Alamgir, Esq.
TA LEGAL GROUP PLLC
315 Main Street, Second Floor
Huntington, NY 11743
Phone: (914) 552-2669
Email: tim@talegalgroup.com
ER ENVOY AIR: Marquez Suit Removed to C.D. California
-----------------------------------------------------
The case styled as Lorraine Melania Marquez, an individual and on
behalf of all others similarly situated v. ER ENVOY AIR INC., a
Delaware Corporation; CYNTHIA BALDIVIA, an individual; and DOES 1
through 100, inclusive, Case No. 24STCV30605 was removed from the
Superior Court of the State of California, County of Los Angeles,
to the U.S. District Court for the Central District of California
on Dec. 27, 2024, and assigned Case No. 2:24-cv-11167.
This case is purportedly brought as a civil class action for
damages and/or penalties under the California Labor Code and the
California Business and Professions Code, and applicable provisions
of the Industrial Welfare Commission ("IWC") Wage Orders, by
Plaintiff on behalf of herself and other putative class members.
The Plaintiff brings claims against Envoy for alleged failure to
pay overtime wages, pay minimum wages, provide meal periods,
provide rest periods, timely pay wages and vested vacation time
upon separation from employment, provide accurate itemized wage
statements, and reimburse necessary business expenses.[BN]
The Defendants are represented by:
Mark W. Robertson, Esq.
O'MELVENY & MYERS LLP
1301 Avenue of the Americas, 17th Floor
New York, NY 10019
Phone: (212) 326-2000
Facsimile: (212) 326-2061
Email: mrobertson@omm.com
- and -
Kelly S. Wood, Esq.
O'MELVENY & MYERS LLP
610 Newport Center Drive, 17th Floor
Newport Beach, CA 92660
Phone: (949) 823-6900
Facsimile: (949) 823-6994
Email: kwood@omm.com
FANDUEL INC: Rodriguez Suit Removed to C.D. California
------------------------------------------------------
The case styled as Rebeka Rodriguez, individually and on behalf of
all others similarly situated v. FANDUEL INC., a Delaware
corporation, d/b/a WWW.FANDUEL.COM, Case No. 24STCV30655 was
removed from the Superior Court of the State of California, County
of Los Angeles, to the U.S. District Court for the Central District
of California on Dec. 27, 2024, and assigned Case No.
2:24-cv-11160.
The Plaintiff contends that FanDuel violates the California
Invasion of Privacy Act ("CIPA") by allegedly deploying TikTok
Software on its website "to capture the phone number, email,
routing, addressing and other signaling information of website
visitors" without obtaining its customers' consent.[BN]
The Defendants are represented by:
Sheri Pan, Esq.
ZWILLGEN LAW LLP
369 Pine Street, Suite 506
San Francisco, CA 94104
Phone: (415) 590-2335
Facsimile: (415) 636-5965
Email: sheri@zwillgen.com
FEDEX CORP: Status Conference in Almonte Suit Set for Feb. 18
-------------------------------------------------------------
In the class action lawsuit captioned as BARRERA ALMONTE, et al.,
v. FEDEX CORPORATION, et al., Case No. 1:23-cv-03224 (D.N.J., Filed
June 13, 2023), the Hon. Karen M. Williams entered an order that
all scheduling deadlines outlined in the Scheduling Order entered
on July 17, 2024, remain in place, including the April 7, 2025,
deadline for Plaintiff's class certification motion and Plaintiff's
class certification expert reports.
There will be a telephone status conference with counsel in this
case on February 18, 2025, at 3:00 p.m.
The nature of suit states torts -- personal property -- other
fraud.
FedEx is an American multinational conglomerate holding company
specializing in transportation, e-commerce, and business
services.[CC]
FOLSOM INSURANCE: Compelled to Provide Discovery Requests
---------------------------------------------------------
In the class action lawsuit captioned as Bond v. Folsom Insurance
Agency LLC, Case No. 3:24-cv-02551 (N.D. Tex., Filed Oct. 10,
2024), the Hon. Judge Sam A. Lindsay entered an order granting in
part and denying in part the Plaintiff Joseph Bond's motion to
compel Folsom Insurance Agency LLC to provide discovery requests.
The Court has laid out the standards that govern a Federal Rule of
Civil Procedure 37(a) motion to compel as to Federal Rule of Civil
Procedure 26(a)(1) initial disclosures, Federal Rule of Civil
Procedure 34 requests for production, and Federal Rule of Civil
Procedure 33 interrogatories, and the Court incorporates and will
apply -- but will not repeat -- those standards here.
"The Court will not prematurely assess the balance of the evidence
on the merits of [Bond's] claim[s] against [Folsom Insurance] and
will not credit [Folsom Insurance's] assessment to cut off [Bond]
from seeking relevant evidence from this named party before
discovery has closed and any summary judgment motion has been
filed.
On the Court's reading, Bond has pleaded "call" broadly enough to
include ringless voicemails, and, although the Court need not now
determine whether a ringless voicemail can support liability as a
matter of law under the statute, Folsom Insurance's answer is
incomplete as to what Bond is asking based on what he has pleaded
and is pursuing.
Finally, the Court is not persuaded that Interrogatory No. 7 is
actually multiple interrogatories. Unless otherwise stipulated or
ordered by the court, a party may serve on any other party no more
than 25 written interrogatories, including all discrete subparts."
Fed. R. Civ. P. 33(a)(1).
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).[CC]
GENESCO INC: McClure Suit Removed to C.D. California
----------------------------------------------------
The case styled as Tuisdi Layne McClure, on behalf of herself and
all others similarly situated v. GENESCO INC., a Tennessee
corporation; and DOES 1 through 50, inclusive, Case No. 24STCV29199
was removed from the Superior Court of the State of California,
County of Los Angeles, to the U.S. District Court for the Central
District of California on Dec. 27, 2024, and assigned Case No.
2:24-cv-11164.
The Plaintiff's Complaint pleads causes of action for: failure to
pay all wages in violation of California Labor Code; failure to pay
minimum wages in violation of California Labor Code; failure to pay
all overtime wages at the legal overtime pay rate in violation of
California Labor Code; failure to provide all meal periods in
violation of California Labor Code; failure to authorize and permit
all paid rest periods in violation of California Labor Code;
failure to fully reimburse work expenses in violation of California
Labor Code; failure to timely furnish accurate itemized wage
statements in violation of California Labor Code; derivative
violations of California Labor Code; independent violations of
California Labor Code; and unfair business practices in violation
of California Business & Professions Code.[BN]
The Defendants are represented by:
Shareef S. Farag, Esq.
Matthew J. Goodman, Esq.
Matthew P. Eaton, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067
Phone: 310.820.8800
Facsimile: 310.820.8859
Email: sfarag@bakerlaw.com
mgoodman@bakerlaw.com
meaton@bakerlaw.com
GILEAD SCIENCES: Court Initially OK's Johnson Bid to Seal Materials
-------------------------------------------------------------------
In the class action lawsuit captioned as Johnson v. Gilead Sciences
Inc., Case No. 4:20-cv-01523 (E.D. Mo., Filed Oct. 23, 2020), the
Hon. Judge Matthew T. Schelp entered an order preliminarily
granting the Plaintiffs' unopposed motion to file under seal:
-- The Court will determine the propriety of permanent sealing of
the
material at the time the Court issues its ruling on the
Plaintiffs' motion to certify class.
-- The Plaintiffs shall file the documents under seal.
The nature of suit states Torts -- Personal Injury -- Health
Care/Pharmaceutical Personal Injury/Product Liability.
Gilead Sciences is an American biopharmaceutical company
headquartered in Foster City, California.[CC]
GILEAD SCIENCES: Searcy Seeks Rule 23 Class Certification
---------------------------------------------------------
In the class action lawsuit captioned as JONATHAN SEARCY, et al.,
v. GILEAD SCIENCES, INC., Case No. 4:20-cv-01523-MTS (E.D. Mo.),
the Plaintiffs ask the Court to enter an order granting class
certification under Federal Rule of Civil Procedure 23.
a. The class includes thousands of Missourians who purchased
TDF-
based medications, and Gilead concedes that numerosity is
met.
b. The Plaintiffs identify many common questions, including,
but
not limited to, whether:
i. Gilead knew TAF would be safer than TDF;
ii. Gilead suppressed information identifying TDF's
safety
risks;
iii. Gilead delayed the release of TAF;
iv. Gilead's conduct is an act or practice declared
unlawful
by the MMPA;
v. Missouri consumers suffered an ascertainable loss;
and
vi. Gilead was unjustly enriched by its sales of TDF
during
the class period.
c. Plaintiffs and their claims are typical of the class.
d. Plaintiffs and their counsel will adequately represent the
class.
Gilead Sciences is an American biopharmaceutical company.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=xlpOt4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Patrick J. Stueve, Esq.
Todd E. Hilton, Esq.
Kasey Youngentob, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
E-mail: stueve@stuevesiegel.com
hilton@stuevesiegel.com
youngentob@stuevesiegel.com
- and -
J. Toji Calabro, Esq.
CALABRO | LAW OFFICE
Two Pershing Square
2300 Main Street, 9th Floor
Kansas City, MO 64108
Telephone: (888) 585-1247
E-mail: tojicalabro@calabro-law.com
GILEAD SCIENCES: Searcy Seeks to Leave to File Materials Under Seal
-------------------------------------------------------------------
In the class action lawsuit captioned as JONATHAN SEARCY, et al.,
v. GILEAD SCIENCES, INC., Case No. 4:20-cv-01523-MTS (E.D. Mo.),
the Plaintiffs ask the Court to enter an order granting their
motion for leave to file under indefinite seal certain materials
contained within Plaintiffs' memorandum in support of their motion
for class certification.
Specifically, the Plaintiffs seek to seal portions of their
Memorandum; portions of Exhibits 1, 2, 19, 20, and 26; and the
entirety of Exhibits 3-18, 21-25, 27-36, and 39.
Gilead Sciences is an American biopharmaceutical company.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sF0qX8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Patrick J. Stueve, Esq.
Todd E. Hilton, Esq.
Kasey A. Youngentob, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
E-mail: stueve@stuevesiegel.com
hilton@stuevesiegel.com
youngentob@stuevesiegel.com
- and -
J. Toji Calabro, Esq.
CALABRO | LAW OFFICE
Two Pershing Square
2300 Main Street, 9th Floor
Kansas City, MO 64108
Telephone: (888) 585-1247
E-mail: tojicalabro@calabro-law.com
HILCORP ENERGY: Class Cert Bid Filing in Colton Extended to Jan. 27
-------------------------------------------------------------------
In the class action lawsuit captioned as Gregg B. Colton, and Cindy
H. Colton, as Trustees of the Gregg B. Colton Trust, on behalf of
themselves and a class of similarly situated persons, v. Hilcorp
Energy Development, LP, Case No. 2:22-cv-00149-ABJ (D. Wyo.), the
Hon. Judge Scott Klosterman entered an order granting Parties'
joint motion to extend the Court's Nov. 18, 2024 Order related to
certain class certification discovery deadlines:
Event Current New
Deadline Deadline
Close of Class Certification Dec. 30, 2024 Jan. 30, 2025
Discovery:
Plaintiffs' motion for class Jan. 27, 2025 Feb. 27, 2025
Certification:
Hilcorp's response to March 3, 2025 April 3, 2025
Plaintiffs' motion for Class
Certification:
Plaintiffs' reply in further March 17, 2025 April 17, 2025
support of its motion for
class certification
Hilcorp Energy operates as an oil and natural gas producer.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4gLIkT at no extra
charge.[CC]
IME RESOURCES: Whips Suit Removed to E.D. California
----------------------------------------------------
The case styled as Arden Whips, an individual, on behalf of herself
and on behalf of all persons similarly situated v. IME RESOURCES,
LLC, a limited liability company; EXAMWORKS COMPLIANCE SOLUTIONS,
LLC, a limited liability company; EXAMWORKS, LLC, a limited
liability company; EXAMWORKS GROUP, LLC, a limited liability
company; and DOES 1 to 50, inclusive, Case No. 24CV023863 was
removed from the Superior Court of the State of California for the
County of Sacramento, to the U.S. District Court for the Eastern
District of California on Dec. 26, 2024, and assigned Case No.
2:24-at-01643.
The Plaintiff brings the following causes of action on behalf of
herself and the putative class: Unfair Competition in Violation of
Cal. Bus. & Prof. Code; Failure To Pay Minimum Wages in Violation
of Cal. Lab. Code; Failure To Pay Overtime Wages in Violation of
Cal. Lab. Code; Failure To Provide Required Meal Periods in
Violation of Cal. Lab. Code and the Applicable IWC Wage Order;
Failure To Provide Required Rest Periods in Violation of Cal. Lab.
Code and the Applicable IWC Wage Order; Failure To Provide Accurate
Itemized Statements in Violation of Cal. Lab. Code; Failure To
Reimburse Employees for Required Expenses in Violation of Cal. Lab.
Code; Failure To Provide Wages When Due in Violation of Cal. Lab.
Code; and Failure To Pay Sick Pay Wages in Violation of Cal. Lab
Code.[BN]
The Defendants are represented by:
Patricia A. Matias, Esq.
Leo P. Norton, Esq.
Sheereen Javadizadeh, Esq.
JACKSON LEWIS, P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Fax:(949) 885-1380
Email: patricia.matias@jacksonlewis.com
leo.norton@jacksonlewis.com
sheereenjavadizadeh@jacksonlewis.com
J.R. SIMPLOT: IROC Sues Over Frozen Potato Product Price-fixing
---------------------------------------------------------------
IROC IT ALL CORP., individually and on behalf of all others
similarly situated, Plaintiff v. J.R. SIMPLOT CO.; CAVENDISH FARMS
LTD; CAVENDISH FARMS, INC.; MCCAIN FOODS LIMITED; MCCAIN FOODS USA,
INC.; LAMB WESTON HOLDINGS, INC.; LAMB WESTON, INC.; LAMB WESTON
BSW, LLC; LAMB WESTON/MIDWEST, INC.; and LAMB WESTON SALES, INC.,
Defendants, Case No. 1:24-cv-13188 (N.D. Ill., December 23, 2024)
is a class action under Section 1 of the Sherman Antitrust Act of
1890 and the Clayton Antitrust Act, state antitrust and trade
regulation statutes, and common law unjust enrichment for redress
of the injury and damages caused by the Defendants' conspiracy to
fix prices of frozen potato products in the United States.
According to the complaint, by at least the start of 2021, the
Defendants conspired to fix the prices of their Frozen Potato
Products above competitive levels. To implement their price-fixing
conspiracy, the Defendants implemented lockstep price increases
that allowed them to realize unprecedented profit margins. Although
the costs of raw potatoes have declined significantly, the fact
that price increases of more than 50% continue to occur suggests
that the conspiracy is still ongoing.
The Defendants were able to successfully implement lockstep price
increases and collusively increase prices because the industry is
structurally susceptible to collusion, says the complaint. The
Frozen Potato Products Market features highly concentrated sellers,
high entry barriers, fragmented buyers, repetitive purchases,
inelastic demand, and opportunities to collude through common
co-packing arrangements, trade association events, and mechanisms
to exchange market share and likely other information enabling
Defendants to implement and monitor their conspiracy, alleges the
complaint.
Plaintiff IROC It All Corp. owns and operates IROC It All food
truck in and around Oakland County, Michigan.
J.R. Simplot manufactures frozen potatoes at facilities throughout
the United States.[BN]
The Plaintiff is represented by:
Garrett D. Blanchfield, Esq.
Brant D. Penney, Esq.
Roberta A. Yard, Esq.
REINHARDT WENDORF & BLANCHFIELD
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Telephone: (651) 287-2100
E-mail: g.blanchfield@rwblawfirm.com
b.penney@rwblawfirm.com
r.yard@rwblawfirm.com
- and -
Charles R. Watkins, Esq.
GUIN, STOKES & EVANS, LLC
805 Lake Street, #226
Oak Park, IL 60301
Telephone: (312) 878-8391
E-mail: charlesw@gseattorneys.com
KAISER FOUNDATION: Ramirez Sues Over Unlawful Labor Practices
-------------------------------------------------------------
IDALIA RAMIREZ and DONALD KECK, on behalf ofthemselves individually
and all others similarly situated, Plaintiffs v. KAISER FOUNDATION
HEALTH PLAN, INC., a corporation; KAISER FOUNDATION HOSPITALS; THE
PERMANENTE MEDICAL GROUP, INC., a corporation; SOUTHERN CALIFORNIA
PERMANENTE MEDICAL GROUP, a corporation; and Does 1 through 100,
inclusive, Defendants, Case No. 24CV097199 (Cal. Super., Alameda
Cty., October 24, 2024) arises from the Defendants' alleged
unlawful labor practices in violation of the California Labor Code
and the California Business and Professions Code.
According to the complaint, the Defendants' wrongful acts against
the Plaintiff-employees and the Class Members include: a) failing
to provide an initial full and uninterrupted off-duty lunch period
during the work day after five hours of work and a subsequent full
and uninterrupted off-duty lunch period after 10 hours of work; b)
failing to provide rest periods; c) failing to pay for all time
worked; d) failing to pay overtime, including one and a half time,
double time, and other premium pay and overtime pursuant to
California law; e) failing to furnish employees with timely
statements accurately showing their total hours worked, gross wages
earned, and net wages earned; and f) failing to record and maintain
updated payroll records accurately showing employees' total hours
worked, the beginning and end of each work period, meal periods,
gross wages earned, and net wages earned.
The Plaintiffs are employed as surgical technicians working at one
of Defendants' hospitals in Walnut Creek, California.
Kaiser Foundation Health Plan, Inc. operates as a non-profit health
care organization.[BN]
The Plaintiffs are represented by:
Wendy C. York, Esq.
Daniel Jay, Esq.
Paige Farris, Esq.
YORK LAW CORPORATION
1111 Exposition Blvd., Building 500
Sacramento, CA 95815
Telephone: (916) 643-2200
Facsimile: (916) 643-4680
KOHLS INC: Johnston Files TCPA Suit in E.D. Wisconsin
-----------------------------------------------------
A class action lawsuit has been filed against Kohls Inc. The case
is styled as Joshua A. Johnston, individually, and on behalf of all
others similarly situated v. Kohls Inc., John Does 1-10, Case No.
2:24-cv-01666-PP (E.D. Wis., Dec. 26, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Kohl's -- https://www.kohls.com/ -- (stylized in all caps) is an
American department store retail chain, operated by Kohl's
Corporation.[BN]
The Plaintiff is represented by:
Mohammed Omar Badwan, Esq.
SULAIMAN LAW GROUP LTD
2500 South Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181 x114
Fax: (630) 575-8188
Email: mbadwan@sulaimanlaw.com
KONICA MINOLTA: Class Settlement in Luense Gets Initial Nod
-----------------------------------------------------------
In the class action lawsuit captioned as RAY ALLEN LUENSE, PAMELA
PEARSON, DANIEL F. SETTNEK and NEIL ROSE, Individually and as
representatives of a class of participants and beneficiaries on
behalf of the Konica Minolta 401(k) Plan, v. KONICA MINOLTA
BUSINESS SOLUTIONS U.S.A., INC., BOARD OF DIRECTORS OF KONICA
MINOLTA BUSINESS SOLUTIONS U.S.A., INC., KONICA MINOLTA 401(K) PLAN
COMMITTEE, SANDRA SOHL, SUSAN MCCARTHY, and JOHN DOES 1-30, Case
No. 2:20-cv-06827-JSA (D.N.J.), the Hon. Judge Jessica Allen
entered an order:
-- granting preliminary approval of class action settlement,
-- maintaining certified class for settlement purposes,
-- approving form and manner of settlement notice, and
-- preliminarily approving plan of allocation, and
-- scheduling fairness hearing.
This class action involves claims for alleged violations of the
Employee Retirement Income Security Act of 1974 ("ERISA"), with
respect to Konica Minolta 401(k) Plan.
Certification of the Settlement Class
In accordance with the Settlement Agreement and consistent with the
Court's order regarding class certification, and pursuant to Rules
23(a) and (b)(1) of the Federal Rules of Civil Procedure, this
Court maintains certification of the following class ("Settlement
Class"):
"All persons, except Defendants and their immediate family
members,
who were participants in or beneficiaries of the Konica Minolta
401(k) Plan, at any time between June 4, 2014, and the present
(the
"Class Period").
Konica Minolta provides management technologies and IT Services.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=KJVJd8 at no extra
charge.[CC]
MCM PRODUCTS: Tassler-Balli Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against MCM Products USA Inc.
The case is styled as Thomas E. Tassler-Balli, on behalf of himself
and others similarly situated v. MCM Products USA Inc., Case No.
24STCV34164 (Cal. Super. Ct., Los Angeles Cty., Dec. 26, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
MCM Worldwide -- https://us.mcmworldwide.com/en_US/home -- is a
luxury fashion brand originally founded in 1976 as the initialism
of Michael Cromer Munich.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
MUD WTR INC: Cantu Sues Over False Advertisement
------------------------------------------------
Tanya Cantu, individually and on behalf of all others similarly
situated v. MUD WTR, INC., a Delaware entity, dib/a WWW.MUDWTR.COM,
Case No. 24CU030474C (Cal. Super. Ct., San Diego Cty., Dec. 26,
2024), is brought against the Defendant false advertisement as a
result of fake and artificially inflated prices.
The Defendant advertises fictitious regular prices (and
corresponding phantom discounts) on products sold through its
website at www.mudwtr.com (the "Website"). This practice allows
Defendant to fabricate a fake "reference price', and present the
actual price as "discounted", when it is not. The result is a sham
price disparity that is per se illegal under California law.
The Defendant knows that the prices are fake and artificially
inflated and intentionally uses them in its deceptive pricing
scheme on its Website to increase sales and profits by misleading
consumers to believe that they are buying products at a substantial
discount. Defendant thereby induces customers to buy products they
never would have bought--or at the very least, to pay more for
merchandise than they otherwise would have if Defendant was simply
being truthful about its "sales," says the complaint.
The Plaintiff purchased the "Original Starter Kit" from Defendant
in December 2024 for the "discounted" price of $40.00, which
Defendant compared to a "strike-through."
The Defendant is a retailer that sells products nationwide and in
California.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
Victoria C. Knowles, Esq.
PACIFIC TRIAL ATTORNEYS
A Professional Corporation
4100 Newport Place Drive, Ste. 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
vknowles@pacifictrialattomeys.com
NISSAN NORTH: Parties in Kemp Must File Status Update by Feb. 13
-----------------------------------------------------------------
In the class action lawsuit captioned as LAKEITA KEMP, individually
and on behalf of all others similarly situated, v. NISSAN NORTH
AMERICA, INC. and NISSAN MOTOR CO. LTD., Case No. 3:19-cv-00854
(M.D. Tenn.), the Hon. Judge William Campbell, Jr. entered an order
that the parties shall file a joint status update no later than
Feb. 13, 2025.
This case was stayed and administratively closed pending the Sixth
Circuit Court of Appeals' decision on Defendant's appeal of the
class certification ruling.
The Court of Appeals issued its decision on Nov. 22, 2024, and the
mandate has issued. Pursuant to that decision, the case was
remanded for further proceedings.
The Court will hold a telephone status conference on Feb. 20, 2025,
at 2:30 p.m. The parties are directed to dial 855-244-8681 and
enter Access Code 2310 964 0001 to be connected to the call.
In advance of the status conference, lead counsel for the parties
shall meet and confer regarding class certification, specifically,
whether an agreement can be reached, the need for additional
briefing, and a proposed schedule.
Nissan is the North American headquarters, and a wholly owned
subsidiary of Nissan Motor Corporation of Japan.
A copy of the Court's order dated Dec. 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=EbVOPK at no extra
charge.[CC]
NISSAN NORTH: Parties in Bereda Must File Status Update by Feb. 13
-------------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE BEREDA, et al.,
individually and on behalf of all other similarly situated, v.
NISSAN NORTH AMERICA, INC. and NISSAN MOTOR CO. LTD. Case No.
3:22-cv-00098 (M.D. Tenn.), the Hon. Judge William Campbell, Jr.
entered an order that the parties shall file a joint status update
no later than Feb. 13, 2025.
This case was stayed and administratively closed pending the Sixth
Circuit Court of Appeals' decision on Defendant's appeal of the
class certification ruling.
The Court of Appeals issued its decision on Nov. 22, 2024, and the
mandate has issued. Pursuant to that decision, the case was
remanded for further proceedings.
The Court will hold a telephone status conference on Feb. 20, 2025,
at 2:30 p.m. The parties are directed to dial 855-244-8681 and
enter Access Code 2310 964 0001 to be connected to the call.
In advance of the status conference, lead counsel for the parties
shall meet and confer regarding class certification, specifically,
whether an agreement can be reached, the need for additional
briefing, and a proposed schedule.
Nissan is the North American headquarters, and a wholly owned
subsidiary of Nissan Motor Corporation of Japan.
A copy of the Court's order dated Dec. 20, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=grBGB8 at no extra
charge.[CC]
OPTIMAL HEALTH: Dufton Suit Removed to E.D. California
------------------------------------------------------
The case styled as Donna Dufton, individually, on behalf of all
others similarly situated, the State of California, and other
aggrieved employees v. OPTIMAL HEALTH SERVICES, INC., a California
corporation, BRISTOL HOSPICE, LLC, a limited liability company; and
DOES 1 through 10, inclusive, Case No. CV-24-007713 was removed
from the Superior Court of the State of California in and for the
County of Stanislaus, to the U.S. District Court for the Eastern
District of California on Dec. 26, 2024, and assigned Case No.
2:24-cv-03740-AC.
On September 26, 2024, Plaintiff filed a civil class action and
representative complaint (the "Complaint") against Defendants which
sets forth the following 8 causes of action: Failure to Pay Minimum
and Straight Time Wages; Failure to Pay Overtime Wages; Failure to
Provide Meal Periods; Failure to Provide Rest Breaks; Failure to
Pay All Wages at Termination; Failure to Provide Accurate Itemized
Wage Statements; Failure to Indemnify For Business Expenditures;
Unfair Business Practices; and Civil Penalties Under the California
Private Attorneys General Act ("PAGA").[BN]
The Defendants are represented by:
Lara Prodanovich Besser, Esq.
Phong L. Tran, Esq.
JACKSON LEWIS P.C.
225 Broadway, Suite 1800
San Diego, CA 92101
Phone: (619) 573-4929
Facsimile: (619) 573-4901
Email: Lara.Besser@jacksonlewis.com
- and -
Kelsey F. Morris, Esq.
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, CA 94111-4615
Phone: (415) 394-9400
Facsimile: (415) 394-9401
Email: Kelsey.Morris@jacksonlewis.com
PACIFIC SPICE: Ceja Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Pacific Spice
Company, Inc. The case is styled as Victor Ceja, an individual and
on behalf of all others similarly situated v. Pacific Spice
Company, Inc., Case No. 24STCV34148 (Cal. Super. Ct., Los Angeles
Cty., Dec. 26, 2024).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Pacific Spice Company -- https://pacificspice.com/ -- provides
wholesale spices and herbs to food manufacturers, food service
distributors, restaurant chains, and private label re-packers.[BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
Jason Rothman, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Email: david@tomorrowlaw.com
Jason@jlglawyers.com
PAUL HESSE: Stay on Class Certification Bid Lifted
---------------------------------------------------
In the class action lawsuit captioned as MISTY WHITE, JERMAINE
BRADFORD, JANARA MUSGRAVE, LANDON PROUDFIT, BRADLEY BARBER, JR.,
and DAKOTA KAPPUS, on behalf of themselves and all others similarly
situated, v. HON. PAUL HESSE, in his official capacity as Chief
Judge of the 26th Judicial District; and HON. KHRISTAN STRUBHAR, in
her official capacity as Special District Judge in the Canadian
County District Court, Case No. 5:19-cv-01145-JD (W.D. Okla.), the
Hon. Judge entered an order that the administrative Stay on
Plaintiffs' motion for class certification is lifted.
-- The parties shall confer and file a joint status report
advising
the Court of the next proposed and requested deadlines in this
case regarding the Motion (and whether the Motion stands as
originally filed or whether Plaintiffs intend to file an
amended
motion), or any other proposed and requested deadlines to
otherwise get this matter on a scheduling order.
-- The parties have 21 days, or until Monday, Jan. 13, 2025, to
file
the joint status report. If the parties require additional time
to
meaningfully confer given the intervening holidays, they shall
file a short motion.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SV7bP2 at no extra
charge.[CC]
RECOVER-CARE: Vasquez Seeks to Certify FLSA Collective Action
-------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE VASQUEZ, MELISSA
SIMS, and ALICIA THOMPSON, on behalf of themselves individually and
all other similarly situated employees, v. RECOVER-CARE SHAWNEE,
LLC, RECOVER-CARE PINNACLE PARK, LLC, and MRC SNF MANAGEMENT, LLC,
Case No. 2:24-cv-02183-HLT-RES (D. Kan.), the Plaintiffs ask the
Court to enter an order:
-- Certifying an Fair Labor Standards Act (FLSA) collective action
for purposes of settlement, and
-- Approving their resolution of claims under the FLSA and Kansas
law
through the Settlement Agreement.
The Defendants do not oppose this motion. In support of their
Motion, the Plaintiffs simultaneously file their Suggestion in
Support.
Recover Care is a nursing home that delivers aid with daily
activities, personal care round-the-clock, medication and medical
supervision.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=3CrtAI at no extra
charge.[CC]
The Plaintiffs are represented by:
Brad K. Thoenen, Esq.
Ethan A. Crockett, Esq.
John J. Ziegelmeyer III, Esq.
Kevin A. Todd, Esq.
HKM EMPLOYMENT ATTORNEYS
1501 Westport Road
Kansas City, MO, 64111
Telephone: (816) 708.2496
E-mail: bthoenen@hkm.com
ecrockett@hkm.com
jziegelmeyer@hkm.com
ktodd@hkm.com
The Defendants are represented by:
Daniel B. Boatright, Esq.
Christopher M. Helt, Esq.
Sara O'Keefe, Esq.
LITTLER MENDELSON, P.C.
1201 Walnut Street, Suite 1450
Kansas City, MO 64106
Telephone: (816) 627-4401
Facsimile: (816) 817-7703
E-mail: dboatright@littler.com
chelt@littler.com
saokeefe@littler.com
SALLY BEAUTY: Freday Suit Removed to E.D. California
----------------------------------------------------
The case styled as Mackenzie Freday, as an individual and on behalf
of all others similarly situated v. SALLY BEAUTY HOLDINGS, INC., a
corporation; SALLY BEAUTY SUPPLY LLC, a limited liability company;
and DOES 1 through 100, inclusive, Case No. 24cv023199 was removed
from the Superior Court of the State of California for the County
of Sacramento, to the U.S. District Court for the Eastern District
of California on Dec. 26, 2024, and assigned Case No.
2:24-cv-03692-DC-SCR.
The Complaint asserts claims for: Violation of Labor Code sections
226.7 and 512 (meal period violations); Violation of Labor Code
section 226.7 (rest break violations); Violation of Labor Code
section 226 (wage statement violations); and Violation of Business
and Professions Code Section 17200, et seq. (unfair
competition).[BN]
The Defendants are represented by:
Spencer C. Skeen, Esq.
Marlene M. Moffitt, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Phone: 858-652-3110
Facsimile: 858-652-310
Email: spencer.skeen@ogletree.com
marlene.moffitt@ogletree.com
SELECTQUOTE AUTO: Must File Class Cert Response by Jan. 10
----------------------------------------------------------
In the class action lawsuit captioned as BRADLEY P. DAVIS, v.
SELECTQUOTE AUTO & HOME INSURANCE SERVICES, LLC, Case No.
3:22-cv-00185-RJC-DCK (W.D.N.C.), the Hon. Judge David Keesler
entered an order granting the Defendant's consent motion for
extension of time to respond to Plaintiff's motion for class
certification.
-- The Defendant shall file a response to "Plaintiff's motion for
class certification" on or before Jan. 10, 2025.
SelectQuote is an independent direct to consumer life insurance
sales agency in the United States.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SEFgFh at no extra
charge.[CC]
SELECTQUOTE AUTO: Seeks More Time to File Class Cert Response
-------------------------------------------------------------
In the class action lawsuit captioned as BRADLEY P. DAVIS, on
behalf of himself and those similarly situated, v. SELECTQUOTE AUTO
& HOME INSURANCE SERVICES, LLC, Case No. 3:22-cv-00185-RJC-DCK
(W.D.N.C.), the Defendant asks the Court to enter an order
extending the time in which it may respond to Plaintiff's motion
for class certification, through and including Jan. 10, 2025.
On Dec. 20, 2024, Plaintiffs filed their Motion for Class
Certification.
As a result, the Defendant's deadline to respond is currently Jan.
3, 2025.
SelectQuote is an independent direct to consumer life insurance
sales agency in the United States.
A copy of the Defendant's motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cMfAkO at no extra
charge.[CC]
The Plaintiff is represented by:
Michael Harman, Esq.
HARMAN LAW, PLLC
16507 Northcross Drive, Suite B
Huntersville, NC 28078
E-mail: michael@harmanlawnc.com
The Defendant is represented by:
Stephen D. Dellinger, Esq.
Kevin Cleys, Esq.
LITTLER MENDELSON, P.C.
620 South Tryon Street, Suite 950
Charlotte, NC 28202
Telephone: (704) 972-7000
Facsimile: (704) 333-4005
E-mail: sdellinger@littler.com
kcleys@littler.com
SIGNIFY HEALTH: Phelps Suit Removed to D. Arizona
-------------------------------------------------
The case styled as Jon Phelps, for himself and on behalf of all
others similarly situation [sic] v. Signify Health, a Delaware
Corporation and DOES 1-10, Case No. CV2024-034727 was removed from
the Superior Court of the State of Arizona, in the County of
Maricopa, to the U.S. District Court for the District of Arizona on
Dec. 27, 2024, and assigned Case No. 2:24-cv-03710-ROS.
The Complaint asserts a single federal law claim under the
Telephone Consumer Protection Act ("TCPA"). [BN]
The Defendants are represented by:
Jon T. Neumann, Esq.
Jessica D. Kemper, Esq.
GREENBERG TRAURIG, LLP
2375 East Camelback Road, Suite 800
Phoenix, AZ 85016
Phone: (602) 445-8000
Email: neumannj@gtlaw.com
Jessica.Kemper@gtlaw.com
- and -
Richard H. Brown, Esq.
Stephen R. Catanzaro, Esq.
DAY PITNEY LLP
One Jefferson Road
Parsippany, NJ 07054-2891
Phone: (973) 966-6300
Email: rbrown@daypitney.com
scatanzaro@daypitney.com
SOUTH FLORIDA STADIUM: Garn Suit Removed to S.D. Florida
--------------------------------------------------------
The case styled as Kattia Garn, individually and on behalf of all
others similarly situated v. SOUTH FLORIDA STADIUM LLC d/b/a HARD
ROCK STADIUM; CONFEDERACION SUDAMERICA DE FUTBOL d/b/a CONMEBOL;
CONFEDERATION OF NORTH, CENTRAL AMERICA AND CARIBBEAN ASSOCIATION
FOOTBALL d/b/a CONCACAF, Case No. 2024-013999-CA-01 was removed
from the Circuit Court of the Eleventh Judicial Circuit in and for
Miami Dade County, Florida, to the U.S. District Court for the
Southern District of Florida on Dec. 26, 2024, and assigned Case
No. 1:24-cv-25087-XXXX.
The Plaintiff brings putative class claims against Defendants for
"Violation of Florida Deceptive and Unfair Trade Practices Act,"
"Unjust Enrichment," "Breach of Contract," and "Negligence."[BN]
The Defendants are represented by:
Spencer C. Skeen, Esq.
Marlene M. Moffitt, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Phone: 858-652-3110
Facsimile: 858-652-310
Email: spencer.skeen@ogletree.com
marlene.moffitt@ogletree.com
SOUTHWEST AIRLINES: Escamilla Suit Removed to C.D. California
-------------------------------------------------------------
The case styled as Luis Escamilla, on behalf of himself and others
similarly situated v. SOUTHWEST AIRLINES CO.; and DOES 1 to 100,
inclusive, Case No. 24STCV26757 was removed from the Superior Court
of the State of California, County of Los Angeles, to the U.S.
District Court for the Central District of California on Dec. 27,
2024, and assigned Case No. 2:24-cv-11182.
In the Complaint, Plaintiff brings claims for, inter alia,
Southwest's alleged failure to pay minimum and overtime wages for
all hours worked, pay overtime wages at the correct rate of pay,
provide meal periods, provide rest periods, provide complete and
accurate wage statements, and timely pay all earned wages and final
paychecks. Plaintiff also alleges Southwest committed acts of
unfair competition as defined by the California Unfair Business
Practices Act.[BN]
The Defendants are represented by:
Adam P. Kohsweeney, Esq.
Kristin M. MacDonnell, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Phone: (415) 984-8700
Facsimile: (415) 984-8701
Email: akohsweeney@omm.com
kmacdonnell@omm.com
SRP FEDERAL CREDIT: Cerrato Sues Over Inadequate Data Security
--------------------------------------------------------------
Vincent Cerrato, individually and on behalf of all others similarly
situated v. SRP FEDERAL CREDIT UNION, Case No. 1:24-cv-07684-CMC
(D.S.C., Dec. 26, 2024), is brought for the harm caused by SRPFCU's
grossly inadequate and illegal data security protocols, which
resulted in unauthorized access to and exposure of the Plaintiff's
and Class Members' highly sensitive personal data.
This data includes, but is not limited to, names, dates of birth,
Social Security numbers and financial account ("PII"). The breach
was perpetrated by unauthorized third-party threat actors between
September 5, 2024, and November 4, 2024. SRPFCU's data breach had
severe consequences for the Plaintiff and Class Members,
compromising their security and privacy.
Following the Data Breach, SRPFCU failed to promptly learn of the
breach and notify the affected Plaintiff and Class Members of the
nature and scale of the exposure, thereby exacerbating their
injuries. SRPFCU's delay deprived them of the opportunity to take
swift action to protect themselves and mitigate the harm. SRPFCU
left the Plaintiff and Class Members uninformed, causing their
injuries to worsen and the damage to proliferate. The Defendant
issued Notice of the Data Breach Letter (the "Notice of Breach
Letter") on December 12, 2024 to Plaintiff and Class.
As a result of SRPFCU's acts, Plaintiff's and the Class Members'
identities are now at risk. They face an ongoing and significant
threat of fraud and identity theft, necessitating constant
vigilance over their financial accounts. The Plaintiff and Class
Members have suffered--and will continue to suffer--the loss of the
benefit of their bargain, unexpected out-of-pocket expenses,
diminished value of their PII, emotional distress, and the
expenditure of their time in efforts to mitigate the consequences
of the Data Breach. The Plaintiff seeks to remedy these injuries on
behalf of himself and all similarly situated individuals whose PII
was compromised in the Data Breach, says the complaint.
The Plaintiff is a customer at SRPFCU from 2022 through present.
SRPFCU offers a wide range of products and services through our
wholesale and consumer businesses, including consumer and small
business banking, commercial banking, corporate and investment
banking, wealth management, payments, and specialized lending
businesses.[BN]
The Plaintiff is represented by:
Paul J. Doolittle, Esq.
POULIN | WILLEY ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Phone: 803-222-2222
Fax: 843-494-5536
Email: paul.doolittle@poulinwilley.com
cmad@poulinwilley.com
- and -
Sabita Soneji, Esq.
David W. Lawler, Esq.
TYCKO & ZAVAREEI LLP
2000 Pennsylvania Avenue NW, Suite 1010
Washington, D.C. 20006
Phone: (202) 973-0900
Facsimile: (202) 973-095
Email: soneji@tzleagal.com
dlawler@tzlegal.com
TAKARA SAKE: Tunick Class Cert Reply Extended to Jan. 31
--------------------------------------------------------
In the class action lawsuit captioned as COLBY TUNICK, individually
and on behalf of all others similarly situated, v. TAKARA SAKE USA
INC., Case No. 3:23-cv-00572-TSH (N.D. Cal.), the Hon. Judge Thomas
Hixson entered an order granting the Plaintiff's request to extend
Plaintiff's deadline to file his Reply in Support of Class
Certification from Jan. 17, 2025, to Jan.31, 2025.
On Nov. 20, 2024, the Court granted the Parties' joint stipulation
to extend Defendant's deadline to oppose Plaintiff's Motion for
Class Certification to Dec. 20, 2024, and to extend the Plaintiff's
deadline for filing his Reply in Support of Class Certification to
Jan. 17, 2025.
On Dec. 20, 2024, the Defendant filed its opposition to
Plaintiff’s Motion for Class Certification.
The Plaintiff requested that Defendant agree to extend
Plaintiff’s deadline for Plaintiff to file his Reply in Support
of Class Certification from January 17, 2025, to January 31, 2025.
The Plaintiff requests this extension because under the current
schedule, Plaintiff has less than four weeks to file his reply to
Defendant's Opposition to the Motion for Class Certification, and
nearly two weeks of this period are consumed by the winter holiday
season.
The Plaintiff's experts have also reported that they are
unavailable during this period. The two-week extension will not
affect any other deadlines already set by the Court and will not
prejudice the Parties.
Takara makes popular Japanese-style wine.
A copy of the Court's order dated Dec. 30, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=YWmKLa at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
Alan Gudino, Esq.
Samuel M. Gagnon, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
agudino@clarksonlawfirm.com
sgagnon@clarksonlawfirm.com
- and -
Joshua Nassir, Esq.
Benjamin Heikali, Esq.
Ruhandy Glezakos, Esq.
Katherine Phillips, Esq.
TREEHOUSE LAW, LLP
3130 Wilshire Blvd., Suite 555
Santa Monica, CA 90403
Telephone: (310) 751-5948
E-mail: jnassir@treehouselaw.com
bheikali@treehouselaw.com
rglezakos@treehouselaw.com
kphillips@treehouselaw.com
The Defendant is represented by:
Joseph A. Meckes, Esq.
SQUIRE PATTON BOGGS, LLP
555 South Flower St., 31st Floor
Los Angeles, CA 90071
TENNESSEE GAS: Parties Seeks to Amend Class Cert Scheduling Order
-----------------------------------------------------------------
In the class action lawsuit captioned as BRADISH JOHNSON CO.,
LIMITED, individually and as representative of all those similarly
situated, V. TENNESSEE GAS PIPELINE COMPANY, LLC, and KINETICA
ENERGY EXPRESS, LLC Case No. 2:23-cv-07363-CJB-EJD (E.D. La.), the
Parties ask the Court to enter an order, pursuant to Rule of Civil
Procedure 16, granting their joint motion to amend scheduling order
for class certification.
The Parties have conferred and determined that an extension of all
deadlines in this Court's Scheduling Order for Class Certification
are necessary.
This amended scheduling order merely pushes the originally agreed
upon schedule back by approximately 30 days. The Parties believe
and jointly submit to the Court that the following modifications to
the Scheduling Order for Class Certification be granted in order to
give the parties sufficient time to prepare expert reports, conduct
fact and expert discovery, and submit memorandum to the Court prior
to a hearing on class certification.
a. Plaintiff served opposing counsel with its affidavits of
experts
for the class certification hearing on July 12, 2024.
b. Plaintiff served opposing counsel with its preliminary
witness
list for the class certification hearing on Dec. 13, 2024.
c. Defendants served opposing counsel with their preliminary
witness lists for the class certification hearing on Dec. 20,
2024.
d. Defendants will serve opposing counsel with their affidavits
of
experts for the class certification hearing on or before Jan.
15, 2025.
e. Plaintiff will serve opposing counsel with its rebuttal
affidavits of experts for the class certification hearing on
or
before Feb. 24, 2025.
f. Fact discovery related to class certification will close on
Feb.
28, 2025.
g. Expert discovery related to class certification will close on
March 31, 2025.
h. Plaintiff's motion for class certification must be filed on
or
before Apr. 30, 2025.
i. Defendants' opposition to class certification must be filed
on
or before May 30, 2025.
j. Plaintiff's final witness and exhibit lists for the class
certification hearing must be filed on or before June 6,
2025.
Tennessee Gas provides gas transportation and storage services.
A copy of the Parties' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=W159Ag at no extra
charge.[CC]
The Plaintiff is represented by:
James R. Swanson, Esq.
Stephen J. Herman, Esq.
Kerry J. Miller, Esq.
H.S. Bartlett III, Esq.
Lance C. McCardle, Esq.
E. Blair Schilling, Esq.
Julie S. Meaders, Esq.
Isabel A. Englehart, Esq.
FISHMAN HAYGOOD, LLP
201 St. Charles Avenue, Suite 4600
New Orleans, LA 70170
Telephone: (504) 586-5252
Facsimile: (504) 586-5250
E-mail: jswanson@fishmanhaygood.com
sherman@fishmanhaygood.com
kmiller@fishmanhaygood.com
tbartlett@fishmanhaygood.com
lmccardle@fishmanhaygood.com
bschilling@fishmanhaygood.com
jmeaders@fishmanhaygood.com
ienglehart@fishmanhaygood.com
- and -
Gladstone N. Jones, III, Esq.
Michael P. Arata, Esq.
Kevin E. Huddell, Esq.
Lynn E. Swanson, Esq.
Alayne Gobeille, Esq.
Thomas F. Dixon, Esq.
Rosa E. Acheson, Esq.
John T. Arnold, Esq.
JONES SWANSON HUDDELL, L.L.C.
601 Poydras Street, Suite 2655
New Orleans, LA 70130
Telephone: (504) 523-2500
Facsimile: (504) 523-2508
E-mail: gjones@jonesswanson.com
marata@jonesswanson.com
khuddell@jonesswanson.com
jarnold@jonesswanson.com
lswanson@jonesswanson.com
agobeille@jonesswanson.com
tdixon@jonesswanson.com
racheson@jonesswanson.com
- and -
S. Jacob Braud, Esq.
BALLAY, BRAUD & COLON, PLC
81 l 4 Highway 23, Suite 101
Belle Chasse, LA 70037
Telephone: (504) 394-9841
Facsimile: (504) 394-9945
E-mail: Jacob@NolaAttomeys.com
- and -
A.M. "Tony" Clayton, Esq.
D'Ann R. Penner
CLAYTON, FRUGÉ, WARD & HENDRY
3741 La. Highway 1 South
Port Allen, LA 70767
Telephone: (225)344-7000
Facsimile: (225) 383-7631
E-mail: dpenner@claytonfrugelaw.com)
- and -
T. Taylor Townsend, Esq.
T. TAYLOR TOWNSEND, LLC
320 Saint Denis Street
Natchitoches, LA 71457
Telephone: (318) 238-3612
Facsimile: (318) 238-6103
The Defendants are represented by:
Richard D. McConnell, Jr., Esq.
KEAN MILLER LLP
400 Convention Street, Suite 700
Baton Rouge, LA 70802
Telephone: (225) 387-0999
E-mail: richard.mcconnell@keanmiller.com
- and -
Michael R. Phillips, Esq.
Claire E. Juneau, Esq.
Tyler Moore Kostal, Esq.
Jeffrey J. Gelpi, Esq.
KEAN MILLER LLP
909 Poydras Street, Suite 3600
New Orleans, LA 70112
Telephone: (504) 585-3050
E-mail: mike.phillips@keanmiller.com
claire.juneau@keanmiller.com
tyler.kostal@keanmiller.com
jeff.gelpi@keanmiller.com
- and -
Morgan J. Wells, Jr., Esq.
Evan J. Godofsky, Esq.
LARZERLERE PICOU WELLS SIMPSON
LONERO, LLC
3850 N. Causeway Boulevard, Suite 500
Metairie, LA 70002
Telephone: (504) 834-6500
Facsimile: (504) 834-6565
E-mail: mwells@lpwsl.com
egodofsky@lpwsl.com
TETRA TECH: Plaintiffs Lose Bid for Class Certification
-------------------------------------------------------
In the class action lawsuit captioned as LINDA PARKER PENNINGTON,
et al., v. TETRA TECH, INC., et al., Case No. 3:18-cv-05330-JD
(N.D. Cal.), the Hon. Judge James Donato entered an order denying
the plaintiffs' motion for class certification, and defendants'
related motion to exclude the declaration of plaintiffs' expert
Brett Reynolds.
Overall, the Plaintiffs have carried their burden under Rule 702 of
establishing that it is more likely than not that Reynolds' opinion
"is the product of reliable principles and methods," and "reflects
a reliable application of the principles and methods to the facts
of the case." Defendants have not shown otherwise.
Overall, plaintiffs have offered almost no evidence to meet their
burden for any of their claims, and their motion is bereft of any
class-wide evidence they propose to use to prove the common
questions "in one stroke." There were other deficiencies with
plaintiffs' class certification motion but the Court need not get
into them here. The same goes for the other Rule 23(a) factors, as
plaintiffs' failure to meet their burden under Rule 23(b)(3)
mandates that their motion must be denied.
As a closing observation, the Court notes that plaintiffs did not
file on the ECF docket an unredacted version of their motion for
class certification. This did not impede the Court's analysis of
plaintiffs' motion in any way but it was a failure to comply with
the District’s local rules.
In any event, no party has requested the continued sealing of the
materials the plaintiffs provisionally filed under seal, and so the
sealing request is denied. Plaintiffs are directed to file an
unredacted version of their motion for class certification by Jan.
6, 2025.
The parties are directed to meet and confer, and to jointly file by
Jan. 24, 2025, a proposed case schedule with dates for pre-trial
filings, the final pretrial conference, and trial.
The Plaintiffs propose to certify under Rule 23(a) and 23(b)(3) of
the Federal Rules of Civil Procedure a class defined as:
"All individuals or entities who held title to one or more
market-
rate units on Parcel A at the Shipyard in San Francisco on Aug.
2,
2018."
They seek certification for their first, second, fifth, sixth, and
seventh causes of action, which are: permanent public and private
nuisance; negligence; and negligent and intentional
misrepresentation.
Tetra is an American consulting and engineering services firm.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Lb2QmC at no extra
charge.[CC]
TOP OF THE MAP: Lucombe Files TCPA Suit in M.D. Florida
-------------------------------------------------------
A class action lawsuit has been filed against Top of the Map LLC.
The case is styled as Nigel Lucombe, individually and on behalf of
all others similarly situated v. Top of the Map LLC, Case No.
8:24-cv-02979-VMC-SPF (M.D. Fla., Dec. 26, 2024).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Top of the Map LLC is a marketing consultant.[BN]
The Plaintiff is represented by:
Gerald Donald Lane, Jr., Esq.
Zane Charles Hedaya, Esq.
Faaris Kamal Uddin, Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
zane@jibraellaw.com
faaris@jibraellaw.com
TURQUOISE HILL: Plaintiff Seeks to Certify Class of Investors
-------------------------------------------------------------
In the class action lawsuit re Turquoise Hill Resources Ltd.
Securities Litigation, Case No. 1:20-cv-08585-LJL (S.D.N.Y.), the
Plaintiff asks the Court to enter an order:
(i) certifying a class of investors (the "Class") defined as:
"All persons or entities who purchased or otherwise
acquired
Turquoise Hill securities between July 17, 2018 and July
31,
2019, inclusive, in domestic transactions or on U.S.
exchanges, and were damaged thereby;
(ii) appointing Lead Plaintiff as Class Representative; and
(iii) approving Lead Plaintiff's selection of Bernstein Litowitz
Berger & Grossmann LLP as Class Counsel.
Turquoise Hill explores for and develops mineral and metal
properties in Asia and Australia.
A copy of the Plaintiff's motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EMHdr2 at no extra
charge.[CC]
The Plaintiff is represented by:
Salvatore J. Graziano, Esq.
James A. Harrod, Esq.
Michael D. Blatchley, Esq.
Alexander M. Noble, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: salvatore@blbglaw.com
jim.harrod@blbglaw.com
michaelb@blbglaw.com
alexander.noble@blbglaw.com
UNITED AIRLINES: Tijerina Suit Removed to S.D. California
---------------------------------------------------------
The case styled as Beatriz Tijerina, an individual, on behalf of
herself and on behalf of all persons similarly situated v. UNITED
AIRLINES, INC., a Corporation; and DOES 1 through 50, inclusive,
Case No. 24CU023905C was removed from the Superior Court of the
State of California, County of San Diego, to the U.S. District
Court for the Southern District of California on Dec. 26, 2024, and
assigned Case No. 3:24-cv-02466-BEN-SBC.
In the Complaint, Plaintiff brings claims for, inter alia, United's
alleged failure to pay minimum and overtime wages at the correct
rate of pay, provide meal and rest periods, provide accurate
itemized wage statements, reimburse employees for
employment-related expenditures, provide timely wage payments, and
pay sick wages. Plaintiff also alleges United committed acts of
unfair competition as defined by the California Unfair Business
Practices Act.[BN]
The Defendants are represented by:
Adam P. Kohsweeney, Esq.
Kristin M. Macdonnell, Esq.
Katy (Yin Yee) Ho, Esq.
O'MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111-3823
Phone: 415-984-8912
Facsimile: 415-984-8701
Email: akohsweeney@omm.com
kmacdonnell@omm.com
kho@omm.com
UNITED BEHAVIORAL: Seeks Leave to File Class Exhibits Under Seal
----------------------------------------------------------------
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 asks the Court to enter an order,
pursuant to Civil Local Rules 7-11 and 79-5, and the parties'
stipulated qualified protective order regarding confidential
information, granting its motion for leave to file under seal
certain exhibits to Declarations of Ngoc Han S. Nguyen and Matthew
Ryan in support of UBH's opposition to Plaintiff's motion to modify
class certification order.
UBH further moves this Court for leave to file under seal certain
portions of UBH's Opposition Brief which quote or paraphrase
confidential portions of: (1) attachments to the Ryan Declaration;
(2) exhibits to the Nguyen Declaration; and (3) exhibits to the
Declaration of Adam Abelson in Support of Plaintiff's Motion for
Class Certification.
Specifically, UBH requests that Exhibits 4–7 of the Nguyen
Declaration, Attachment 2 to the Ryan Declaration, and certain
portions of UBH's Opposition Brief be filed under seal because they
contain personal and protected health information of Plaintiff and
sample members of the putative class. Pursuant to Civil Local Rule
79-5, this motion is accompanied by a declaration in support of
UBH’s Motion to Seal and a proposed order in accordance with
Civil Local Rules 7-11 and 79- 5(c)(1)–(3).
The Plaintiff does not oppose this motion to seal.
United Behavioral Health was founded in 1996. The Company's line of
business includes providing management services on a contract and
fee basis.
This request is narrowly tailored to protect only the information
that is confidential. UBH will file a redacted version of the
Opposition Brief pursuant to Civil Local Rule 79-5(e). Because
Exhibits 4–7 to the Nguyen Declaration and Attachment 2 to the
Ryan Declaration are replete with personal and protected health
information throughout, redaction of those documents would be
impracticable and UBH will not file redacted versions of those
documents pursuant to Civil Local Rule 79-5(e).
A copy of the Defendant's motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mrmQQR 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
UNITED HEALTH: Mitchell Suit Seeks to Certify Rule 23 Class Action
------------------------------------------------------------------
In the class action lawsuit captioned as CRYSTAL MITCHELL,
individually and on behalf of all others similarly situated, v.
UNITED HEALTH CENTERS OF THE SAN JOAQUIN VALLEY, a California
corporation; and DOES 1-100, inclusive, Case No.
1:23-cv-00060-JLT-EPG (E.D. Cal.), the Plaintiff, on Jan. 31, 2025,
will move the Court for entry the proposed Order filed herewith:
(1) certifying this action to proceed as a class action under
Rule
23 of the Federal Rules of Civil Procedure;
(2) certifying the classes of persons described below:
"All current and former non-exempt California employees of
United Health Centers of the San Joaquin Valley ("UHSJ") who
were eligible for and used PTO/PTOU during a workweek when
he/she also earned a bonus pursuant to Bonus Policy FN0040
between July 17, 20181 and the date of certification (the
"Underpaid PTO Class")"; and
"All members of the Underpaid PTO Class whose employment
ended
at any time between July 17, 2019 and the date of
certification
(the "Former Employee Sub-Class")"
(3) appointing Plaintiff Crystal Mitchell as representative of
the
Class;
(4) appointing Mayall Hurley P.C. as Class Counsel pursuant to
Rule
23(g) of the Federal Rules of Civil Procedure; and
(5) for any other orders the Court deems just.
The Plaintiff Mitchell seeks to be certified as class
representatives of the Class, as to causes of action numbers 1
(unreasonable charges and penalties associated with training for
CDL licenses) and 2 (unlawful, unfair or fraudulent business
practices) of Plaintiffs' Complaint.
United Health is a private non-profit organization, established
from a grass root movement by people trying to improve access to
healthcare in their rural communities in California's Central
Valley.
A copy of the Plaintiff's motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=frrfUz at no extra
charge.[CC]
The Plaintiff is represented by:
Jenny D. Baysinger, Esq.
Robert J. Wassermann, Esq.
MAYALL HURLEY P.C.
112 S Church Street
Lodi, CA 95240
Telephone: (209) 477-3833
Facsimile: (209) 473-4818
E-mail: jbaysinger@mayallaw.com
rwassermann@mayallaw.com
UNITED SERVICES: Class Settlement in Dolan Gets Initial Nod
-----------------------------------------------------------
In the class action lawsuit captioned as Dolan v. United Services
Automobile Association (RE USAA DATA SECURITY LITIGATION), Case No.
7:21-cv-05813-VB (S.D.N.Y.), the Hon. Judge entered an order
preliminarily approving the proposed class action settlement,
scheduling hearing for final approval and approving the proposed
form and plan of class notice.
United Services offers auto, life, flood, vehicle, business,
health, and condo, insurance services, as well as banking,
investment, real estate, retirement, financial planning, and
mortgage services.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7HkadM at no extra
charge.[CC]
UNIVERSITY OF MAINE: Hardy Files Discrimination Class Action
------------------------------------------------------------
SARAH HARDY, on her own behalf and on behalf of others similarly
situated, Plaintiff v. UNIVERSITY OF MAINE SYSTEM and DANIEL P.
MALLOY, in his official capacity as Chancellor of the University of
Maine System, Defendants, Case No. 1:24-cv-00452-KFW (D. Maine,
December 23, 2024) is an action for age discrimination arises under
the Age Discrimination in Employment Act and the Maine Human Rights
Act.
According to the complaint, the UMS Administrative Practice Letter
IV-N, effective July 8, 2020, provides that employees are eligible
to retire from UMS "at the normal retirement age of 65 or older, or
at age 55 or older with at least 10 years of continuous regular,
full-time equivalent service." Due to the policy, UMS prohibited
Dr. Hardy, then a sixty-five-year-old retiree, from accepting a
full-time, two-year position and instead offered less than
full-time employment and less pay.
Dr. Hardy is a retired employee prohibited from being rehired for a
full-time position by the UMS policy because she accepted a
retirement buyout in 2022. When UMS posted a full-time Interim
Provost position at University of Maine, Farmington, for which Dr.
Hardy was qualified, Dr. Hardy applied and was offered a full-time
position. However, due to the policy, the offer was rescinded, and
Dr. Hardy was offered a part-time position instead. The policy was
the sole reason that Dr. Hardy was not hired for the posted
full-time Interim Provost position, says the suit.
University of Maine System is a public university system for the
State of Maine.[BN]
The Plaintiff is represented by:
Jeffrey Neil Young, Esq.
Margaret M. O'Neil, Esq.
SOLIDARITY LAW
9 Longmeadow Road
Cumberland Foreside, ME 04110
E-mail: jyoung@solidarity.law
moneil@solidarity.law
- and -
Chad T. Hansen, Esq.,
EMPLOYEE RIGHTS GROUP
92 Exchange Street, 2nd floor
Portland, ME 04101
Telephone: (207) 874-0905
Facsimile: (207) 874-0343
E-mail: chad@employeerightslaw.attorney
VARSITY BRANDS: Faces Le Suit Over Unprotected Personal Info
------------------------------------------------------------
Tony Le, individually and on behalf of all others similarly
situated, Plaintiff v. Varsity Brands, Inc., Defendant, Case No.
3:24-cv-02681-E (N.D. Tex., October 24, 2024) seeks to redress
Defendant's unlawful, willful and wanton failure to protect the
personal identifiable information of likely thousands of
individuals that was exposed in a major data breach of Defendant's
network in violation of its legal obligations.
Between May 24, 2024, an unknown actor gained access to Defendant's
inadequately protected computer systems. As a result, over 65,000
individuals, including Plaintiff and other similarly situated
employees, have had their personal identifiable information
exposed.
The complaint asserts that the Defendant betrayed the trust of
Plaintiff and the other Class Members by failing to properly
safeguard and protect their personal identifiable information and
thereby enabling cybercriminals to steal such valuable and
sensitive information.
Varsity Brands, Inc. is an American apparel company with offices
across the United States.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Ave.
Oklahoma City, OK 73120
Telephone: (405) 235-1560
E-mail: jaw@federmanlaw.com
wbf@federmanlaw.com
VISA INC: Bueno Suit Transferred to S.D. New York
-------------------------------------------------
The case captioned as Spencer Bueno, individually and on behalf of
all others similarly situated v. VISA INC., a Delaware corporation,
Case No. 4:24-cv-08968 was transferred from the United States
District Court for the Northern District of California, to the
United States District Court for the Southern District of New York
on Dec. 27, 2024.
The District Court Clerk assigned Case No. 1:24-cv-09976-UA to the
proceeding.
The nature of suit is stated as Anti-Trust.
Visa Inc. -- https://corporate.visa.com/en/ -- is an American
multinational payment card services corporation headquartered in
San Francisco, California.[BN]
The Plaintiff is represented by:
Brian James Dunne, Esq.
BATHAEE DUNNE LLP
901 South MoPac Expressway
Barton Oaks Plaza I, Suite 300
Austin, TX 78746-5776
Phone: (213) 462-2772
- and -
Yavar Bathaee, Esq.
BATHAEE DUNNE LLP
445 Park Ave., Ste. 9th Floor
New York, NY 10022
Phone: (332) 322-8835
Email: yavar@bathaeedunne.com
- and -
Allison Watson, Esq.
BATHAEE DUNNE LLP
3420 Bristol Street, Suite 600
Costa Mesa, CA 92626
Phone: (213) 458-7075
The Defendant is represented by:
Andrew Steven Hannemann, Esq.
Sharon Douglass Mayo, Esq.
ARNOLD PORTER KAYE SCHOLER LLP
Three Embarcadero Center, 10th Floor
San Francisco, CA 94111-4024
Phone: (415) 471-3215
Fax: (415) 471-3400
- and -
Anne P. Davis, Esq.
ARNOLD & PORTER LLP
555 Twelfth Street, NW
Washington, DC 20004-1206
Phone: (202) 942-6197
Fax: (202) 942-5999
- and -
Matthew A. Eisenstein, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave., NW
Washington, DC 20001
Phone: (202) 942-6606
Email: matthew.eisenstein@arnoldporter.com
VISA INC: Settlement in ATM Surcharge Class Suit Gets Final Nod
---------------------------------------------------------------
Visa and Mastercard ATM Fee Refund Lawsuit: Visa and Mastercard
have been ordered to pay back $197 million to cardholders. The
companies had charged cardholders an extra fee, which led to the
lawsuit.
Visa and Mastercard ATM Fee Refund Lawsuit: As the largest payment
processing networks globally, Visa and Mastercard recently faced a
significant legal defeat. A U.S. court has ruled that they must
refund a total of $197 million to their cardholders.
Earlier this year, a U.S. court instructed Visa and Mastercard to
refund money they had taken from their users' accounts as extra
fees. The court ruled that these additional charges were illegal.
Reports indicate that Visa will return $104.6 million to its
customers, while Mastercard will refund $92.8 million as part of
the settlement.
In the U.S., Visa and Mastercard ATM users are charged extra fees
when withdrawing money from ATMs. The court ruled these fees were
illegal and ordered both companies to refund the amount.
Are you eligible to file a claim?
The $197 million settlement applies to consumers who made cash
withdrawals from bank-operated ATMs starting in 2007.
Not all Visa and Mastercard users will qualify for a refund. The
two main conditions for eligibility are:
The user must have paid a non-refundable surcharge while using a
Visa or Mastercard debit card at an ATM in the U.S. between October
1, 2007, and July 26, 2024.
The fee must have been charged by a bank within the Visa or
Mastercard ATM network, such as JPMorgan Chase, Wells Fargo, or
Bank of America.
According to available details, Visa charges card issuers on a
per-transaction basis or based on transaction volume. In contrast,
Mastercard applies fees to issuing institutions as a percentage of
the total global dollar volume of all transactions made with their
cards during a specific timeframe.
How to Submit a Claim
Filing for a refund is simple and doesn't require supporting
documents upfront. Just follow these steps:
Visit the official class action website.
Complete the online claim form, or download it, fill it out, and
send it by mail to:
ATM Surcharge Settlement
P.O. Box 170500
Milwaukee, WI 53217
Include your contact information and sign a sworn statement
confirming that you were charged excessive surcharges. This
statement is legally binding, so be truthful.
Although documentation isn't needed initially, the claims
administrator may ask for additional proof later in the process.
Who Can Get a Refund from Visa and Mastercard?
Not everyone who paid ATM fees will qualify for a refund. If you
think you might be eligible, it's important to check the
settlement's requirements.
You may be eligible if:
-- You were charged an unreimbursed fee for using a Visa or
Mastercard debit card at a U.S. ATM between October 1, 2007, and
July 26, 2024.
-- The fee was charged by a bank that's part of the Visa or
Mastercard ATM network, such as JPMorgan Chase, Wells Fargo, or
Bank of America.
You are not eligible if:
-- You've already been reimbursed for your ATM fees.
-- Your debit card was issued in a country outside the United
States.
Keep in mind, if you took part in a previous ATM fee settlement and
got a refund, you'll need to file a new claim to qualify for any
additional refunds for surcharges collected afterward.
Mark Your Calendar!
This settlement comes after the U.S. Supreme Court decided in April
to deny an appeal from Visa and Mastercard. The companies had
contested a lower court's ruling that allowed multiple plaintiffs
to merge their lawsuits into a class action.
If you've been impacted by Visa and Mastercard ATM fees in recent
years, there are two key dates to remember. First, you must submit
your claim by January 22, 2025. To be included in the settlement,
ensure all forms are completed accurately and sent in before this
deadline.
The final approval hearing is scheduled for January 24, 2025, two
days after the claim submission deadline. During this hearing, the
court will examine the settlement to ensure it meets legal
requirements and is fair, reasonable, and sufficient for everyone
affected. Be sure to submit your claim on time to secure your
eligibility for a refund. [GN]
WALSH GROUP LTD: Alvarez Sues Over Unpaid Regular, Overtime Wages
-----------------------------------------------------------------
Joyce E. Alvarez, and other similarly situated individuals v. The
Walsh Group LTD., Incorporated, Case No. 3:24-cv-01354 (M.D. Fla.,
Dec. 27, 2024), is brought to recover monetary damages for unpaid
regular and overtime wages under United States laws pursuant to the
Fair Labor Standards Act ("the Act").
The Plaintiff and all other current and former employees similarly
situated to Plaintiff ("the asserted class") and who worked more
than 40 hours during one or more weeks on or after July 2024, (the
"material time") without being adequately compensated.
The Plaintiff worked two more weeks, but she did not receive her
hard-earned wages. Furthermore, Plaintiff worked in excess of 40
hours weekly, but she was not paid overtime wages at the rate of
time and one-half her regular rate, as required by law.
The Plaintiff was forced to leave her employment on or about August
09, 2024. At the time of Plaintiff's leave, Defendant refused to
pay Plaintiff her two unpaid weeks. Thus, a substantial number of
hours were not compensated at any rate, not even the minimum wage
rate established by the FLSA, says the complaint.
The Plaintiff performed as a construction worker installing tiles.
The Walsh Group is construction general contractor.[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd., Suite 1500
Miami, FL 33156
Phone: (305) 446-1500
Facsimile: (305) 446-1502
Email: zep@thepalmalawgroup.com
WAYNE COUNTY, MI: Ingram Seeks to Certify Class & Subclass
----------------------------------------------------------
In the class action lawsuit captioned as MELISA INGRAM, STEPHANIE
WILSON, and ROBERT REEVES, v. COUNTY OF WAYNE, Case No.
5:20-cv-10288-JEL-EAS (E.D. Mich.), the Plaintiffs ask the Court to
enter an order certifying the following class for the resolution of
Count IV of the Amended Complaint:
"All persons who own a vehicle that, after Feb. 5, 2018, was or
will be seized and impounded without a prior judicial
determination of forfeiture and referred to the Wayne County
Prosecutor's Office to pursue forfeiture."
Pursuant to Federal Rule of Civil Procedure 23(a), (b)(2), and
(c)(5), the Plaintiffs request that this Court in its order also
certify the following sub-class (the "Innocent Owner Subclass") for
the resolution of Count V:
"All persons who own a vehicle that, after Feb. 5, 2018, was or
will be seized and impounded without a prior judicial
determination of forfeiture and referred to the Wayne County
Prosecutor's Office to pursue forfeiture, when Wayne County has
no
basis to allege that those persons consented to or participated
in
the acts giving rise to the seizure and impoundment."
If the Court does not certify the Class or Innocent Owner Subclass
as proposed, Plaintiffs alternatively request that the Court modify
the class definitions or limit certification to those issues it
deems appropriate.
The Plaintiffs further request that the Court designate the
Plaintiffs as class representatives for the Class and appoint
undersigned counsel as class counsel.
For the Innocent Owner Subclass, the Plaintiffs request that the
Court designate Melisa Ingram as class representative.
On Dec. 16, 2024, counsel for Plaintiffs explained in writing the
nature of this motion and its legal basis to counsel for Wayne
County but were unable to obtain concurrence.
Wayne is situated in the heart of the Great Lakes region along the
Detroit River.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=N0ZGiH at no extra
charge.[CC]
The Plaintiffs are represented by:
Barton Morris Jr., Esq.
LAW OFFICES OF BARTON MORRIS
801 West Beaver Road, Suite 600
Troy, MI 48084
Telephone: (248) 541-2600
E-mail: barton@bartonmorris.com
- and -
Michael B. Soyfer, Esq.
Kirby Thomas West, Esq.
Christian Lansinger, Esq.
INSTITUTE FOR JUSTICE
901 North Glebe Road, Suite 900
Arlington, VA 22203
Telephone: (703) 682-9320
E-mail: msoyfer@ij.org
kwest@ij.org
clansinger@ij.ors
WILMINGTON TRUST: Henry Seeks to Certify Class Action
-----------------------------------------------------
In the class action lawsuit captioned as MARLOW HENRY, on behalf of
the BSC Ventures Holdings, Inc. Employee Stock Ownership Plan, and
on behalf of a class of all other persons similarly situated, v.
WILMINGTON TRUST, N.A., BRIAN C. SASS, and E. STOCKTON CROFT IV,
Case No. 1:19-cv-01925-JLH (D. Del.), the Plaintiff asks the Court
to enter an order:
(a) certifying this action as a Class Action pursuant to Fed. R.
Civ. P. 23;
(b) appointing Plaintiff's counsel as Class Counsel; and
(c) appointing Plaintiff Marlow Henry as Class Representative.
The Plaintiff's motion is based on the accompanying opening brief
in support of the motion for class certification, the declaration
of Daniel Feinberg and exhibit thereto, the declaration of Gregory
Porter and exhibits thereto, all other pleadings and matters of
records, and such additional evidence or argument as may be
presented.
Wilmington Trust operates as a full-service bank.
A copy of the Plaintiff's motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ijf8AC at no extra
charge.[CC]
The Plaintiff is represented by:
Gregory Y. Porter, Esq.
Ryan T. Jenny, Esq.
Patrick O. Muench, Esq.
David A. Felice, Esq.
BAILEY & GLASSER, LLP
1055 Thomas Jefferson St., NW, Ste. 540
Washington, DC 20007
Telephone: (202) 463-2101
E-mail: gporter@baileyglasser.com
rjenny@baileyglasser.com
pmuench@baileyglasser.com
dfelice@baileyglasser.com
- and -
Daniel Feinberg, Esq.
Todd Jackson, Esq.
Mary Bortscheller, Esq.
FEINBERG, JACKSON, WORTHMAN & WASOW LLP
2030 Addison Street, Suite 500
Berkeley, CA 94704
Telephone: (510) 269-7998
E-mail: dan@feinbergjackson.com
todd@feinbergjackson.com
mary@feinbergjackson.com
XTO ENERGY: Plaintiffs May File Amended Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as DOUGLAS KRILEY, et al., v.
XTO ENERGY INC., Case No. 2:20-cv-00416-CBB (W.D. Pa.), the Court
entered an order that the Plaintiffs may and shall file and amended
motion for class certification defined as:
"to pay Lessor as a royalty, for the native gas and casinghead
gas or other gaseous substances (including shale gas), produced
from said land and sold or used beyond the well or for the
extraction of gasoline or other product, an amount equal to [X]
percent (X%) of the sales proceeds actually received by Lessee from
the sale of such production, less [X] percent (X%) of any and all
taxes, including without limitation, production, severance and ad
valorem taxes."
XTO is an American energy company and subsidiary of ExxonMobil
principally operating in North America.
A copy of the Court's order dated Dec. 23, 2024, is available from
PacerMonitor.com at https://urlcurt.com/u?l=L3R169 at no extra
charge.[CC]
ZUFFA LLC: Reza Seeks Prelim OK of Class Settlement
----------------------------------------------------
In the class action lawsuit captioned as Reza et al v. Zuffa, LLC
et al (re: Fight Pass Auto-Renewal Litigation), Case No.
2:23-cv-00802-CDS-EJY (D. Nev.), the Plaintiffs, on Jan. 17, 2025,
will move unopposed, pursuant to Fed. R. Civ. P. 23(e), for the
Court to:
(i) grant preliminary approval of the proposed Stipulation of
Class Action Settlement and Release submitted herewith;
(ii) provisionally certify the Class defined below for the
purposes
of preliminary approval, designating Plaintiffs as the
Class
Representatives and the undersigned as Class Counsel;
(iii) establish procedures for providing notice to members of the
Class;
(iv) approve forms of notice to Class Members;
(v) mandate procedures and deadlines for exclusion requests and
objections; and
(vi) set a date, time, and place for a final approval hearing.
The Settlement Class is defined as:
"All natural persons with a current or former paid Fight Pass
subscription (i.e. Active or Inactive Subscribers) within the
Class
Period in the following states: California, District of
Columbia,
Florida, Hawaii, Illinois, New York, North Carolina, North
Dakota,
Oregon, Virginia, Vermont."
Excluded from the Settlement Class are all attorneys and
employees
of Settlement Class Counsel, any judicial officer to whom the
Action is assigned, and persons who validly opt out of the Class
Action Settlement by following the procedures set forth herein.
This previously consolidated putative class action lawsuit alleges
that through their common operating procedures, Defendants do not
adequately inform consumers of the automatic renewing nature of the
Fight Pass Autorenewal(s), do not obtain the affirmative consent of
its consumers to the Fight Pass Autorenewal(s) before charging
them, and do not provide a post-purchase acknowledgment containing
all material Fight Pass Autorenewal offer terms, a description of
Defendants' cancellation policy, and an explanation of how to
cancel the Fight Pass Autorenewal(s), in violation of the
California Automatic Renewal Law ("ARL"), California's False
Advertising Law ("FAL"), California Consumers Legal Remedies Act,
the Electronic Funds Transfer Act ("EFTA" "), and the Nevada
Deceptive Trade Practices Act ("NDTPA").
Zuffa is an American sports promotion company of mixed martial
arts.
A copy of the Plaintiffs' motion dated Dec. 23, 2024, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0w3w12 at no extra
charge.[CC]
The Plaintiffs are represented by:
Chad A. Saunders, Esq.
Craig W. Straub, Esq.
CROSNER LEGAL, P.C.
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (866) 276-7637
Facsimile: (310) 510-6429
E-mail: chad@crosnerlegal.com
craig@crosnerlegal.com
- and -
L. Timothy Fisher, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
- and -
Adrian Gucovschi, Esq.
GUCOVSCHI ROZENSHTEYN, PLLC
140 Broadway, Suite 4667
New York, NY 10005
Telephone: (212) 884-4230
E-mail: adrian@gr-firm.com
- and -
David A. Markman, Esq.
MARKMAN LAW
4484 S. Pecos Rd., Suite 130
Las Vegas, NV 89121
Telephone: (702) 843-5899
E-mail: david@markmanlawfirm.com
- and -
Hart L. Robinovitch, Esq.
Zachary J. Freese, Esq.
ZIMMERMAN REED LLP
14648 N. Scottsdale Rd., Suite 130
Scottsdale, AZ 85254
Tel: (480) 348-6400
E-mail: hart.robinovitch@zimmreed.com
zachary.freese@zimmreed.com
- and -
Leon Greenberg, Esq.
LEON GREENBERG, PC
1811 S. Rainbow Blvd. Ste. 210
Las Vegas, NV 89146
Telephone: (702) 383-6085
*********
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 2025. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
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Information contained herein is obtained from sources believed to
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