/raid1/www/Hosts/bankrupt/CAR_Public/250320.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, March 20, 2025, Vol. 27, No. 57
Headlines
3M COMPANY: AFFF Contains Toxic PFAS, Benavidez Class Suit Alleges
3M COMPANY: AFFF Contains Toxic PFAS, Moser Class Suit Alleges
3M COMPANY: Faces Moser Suit Over Toxic Chemicals' Exposure
ALLEGHENY HEALTH: Palermo Sues Over Recent Cyberattack
ALLIED FIRST BANK: Fischer Sues Over Unpaid Minimum, Overtime Wages
ALLIED RESTORATION: Alvarado Files Suit in Cal. Super. Ct.
ARCH INSURANCE: Musah-Fullateeu Suit Removed to S.D. New York
AUTHENTIC SPORT: Curtis Files TCPA Suit in S.D. California
BCE-MACH III: Parties Seek More Time to File Class Cert Bid
BOSLEY INC: Espinal Sues Over Blind-Inaccessible Website
BRENDA SERRANO: Warner Bros. Files Petition to Compel Arbitration
BUNGE NORTH AMERICA: Ellis Sues Over Failure to Pay Overtime Wages
CABELAS LLC: Rivera Files TCPA Suit in D. Colorado
CALIBER HOLDINGS: Espinoza Suit Removed to C.D. California
CARAWAY HOME: Fernandez Sues Over Blind-Inaccessible Website
CAREDX INC: Filing for Class Cert Bid in Pension Suit Due April 18
CARING COMPANIONS: Walker Sues to Recover Unpaid Overtime Wages
CARITAS MANAGEMENT: Standifer Files Suit in Cal. Super. Ct.
CARVANA LLC: Bids for Class Certification Amended to Nov. 10
CFN SERVICES INC: Torres Files Suit in Cal. Super. Ct.
CHAMPION HOME: Corona Suit Removed to E.D. California
CHRIST HOSPITAL: Asbury Sues Over Failure to Pay Overtime Wages
CLEAN EARTH: Delgadillo Files Suit in Cal. Super. Ct.
CLEAR AND STRATEGIC: King Files TCPA Suit in S.D. California
CMRE FINANCIAL SERVICES: Wilson Files TCPA Suit in D. Oregon
COLLEGE OF WOOSTER: Bishop Sues Over Blind-Inaccessible Website
COMMUNITY HEALTH: Frankfurter Suit Removed to D. Connecticut
CORECIVIC INC: Discovery in CE Detainee Labor Suit Ongoing
CRABBY SHACK: Tuiz Sues Over Unpaid Overtime Compensation
CSX TRANS: Filing for Class Cert Bid in Schobert Due June 26
CUMMINS INC: Baker Suit Transferred to S.D. Indiana
CURALEAF INC: Beck Sues Over Failure to Pay Wages
CYBEX GMBH: Elsayed Sues Over Defective Infant Seats
DAVITA INC: Consolidated Employee Antitrust Suit Ongoing
DISA GLOBAL: Eastwood Sues Over Failure to Secure & Safeguard PII
DISA GLOBAL: Gibbons Sues Over Inadequately Protected Network
EAST BATON: George Suit Seeks to Certify Class of Tenants
EQUIFAX INFORMATION: Class Cert Bid Filing Amended to Oct. 3
EVOLUTION METALS: Filing for Class Cert in Belz Bid Due April 3
FCA US: Fact Discovery in D'Angelo Suit Due May 19
FEMA: Rouselle Writ of Mandamus Petition Tossed
FLOYD BONNER: Just City Seeks to Certify Rule 23 Class
GETTYSBURG COLLEGE: Vigliano Seeks Prelim Approval of Settlement
GLOBAL ORANGE: Bower Appeals ADA Case Dismissal to 6th Cir.
GOOGLE INC: Filing for Class Cert Bid in Privacy Suit Due Nov. 8
HOME DEPOT: Pre-Certification Fact Discovery in Oleski Due Oct. 6
IROBOT CORP: Premca Appeals Securities Suit Dismissal to 1st Cir.
LYNDON SOUTHERN: Bellaire Suit Transferred to M.D. Florida
MARSHALLS OF CA: Lacour Appeals Ruling Confirming Arbitration Award
MDL 2873: AFFF Contains Toxic PFAS, Dunlap Class Suit Alleges
MDL 2873: AFFF Contains Toxic PFAS, Foley Class Suit Alleges
MDL 2873: AFFF Contains Toxic PFAS, Gardner Class Suit Alleges
NCH HEALTHCARE: Bid for Class Cert in McFalls Suit Partly OK'd
NEW ROCHELLE, NY: Fishman Files 2nd Circuit Appeal
OAK HARBOR: Levitt Files Employment Suit in Calif. Super.
PROGRESSIVE SPECIALTY: Ford Bid for Class Certification Tossed
PROGRESSIVE SPECIALTY: Judge to Deny Ford Class Cert Bid
SAINT PAUL, MN: Bollom Files Suit in Minn. 2nd Judicial Dist.
SEPHORA USA: Camp Appeals Suit Dismissal to 9th Cir.
SOUTHERN TIRE: Appeals Arbitration Bid Denial in Ruiz Labor Suit
STATE OF MICHIGAN: Files Appeal in Hathon Class Action
SUPERIOR INDUSTRIAL: White Sues to Recover Unpaid Overtime
TRUITT OILFIELD: Carias-Paredes Files Suit in Cal. Super. Ct.
TYCON MEDICAL: Bullock Must File Consolidated Complaint by April 7
UNITED LAUNCH: Bondeson Suit Transferred to D. Colorado
XTO ENERGY: Appeals Arbitration Bid Denial in Salvatora Suit
*********
3M COMPANY: AFFF Contains Toxic PFAS, Benavidez Class Suit Alleges
------------------------------------------------------------------
FELIX CRUZ BENAVIDEZ v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-00584-RMG (D.S.C.,
Jan. 31, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during his working career as a military and/or civilian
firefighter.
As a result of his exposure to the Defendants' AFFF and TOG
products, the Plaintiff was diagnosed with kidney cancer and
thyroid disease, which has caused him to suffer severe
personal injuries, pain, suffering, and emotional distress.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.;
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCOFIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
3M COMPANY: AFFF Contains Toxic PFAS, Moser Class Suit Alleges
--------------------------------------------------------------
JON HOPKINS v. 3M COMPANY (f/k/a Minnesota Mining and Manufacturing
Company); et al., Case No. 2:25-cv-00600-RMG (D.S.C., Jan. 31,
2025) is a class action seeking for damages for personal injury
resulting from exposure to aqueous film-forming foams (AFFF) and
firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during his working career as a military and/or civilian
firefighter.
As a result of his exposure to the Defendants' AFFF and TOG
products, the Plaintiff was diagnosed with kidney cancer and
thyroid disease, which has caused him to suffer severe personal
injuries, pain, suffering, and emotional distress.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.;
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCOFIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC.[BN]
The Plaintiff is represented by:
James L. Ferraro, Esq.
James L. Ferraro, Jr., Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, Florida 33131
Telephone (305) 375-0111
E-mail: james@ferrarolaw.com
jlf@ferrarolaw.com
3M COMPANY: Faces Moser Suit Over Toxic Chemicals' Exposure
-----------------------------------------------------------
GARY WAYNE MOSER v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); et al., Case No. 2:25-cv-00583-RMG (D.S.C.,
Jan. 31, 2025) is a class action seeking for damages for personal
injury resulting from exposure to aqueous film-forming foams (AFFF)
and firefighter turnout gear (TOG) containing the toxic chemicals
collectively known as per and polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during his working career as a military and/or civilian
firefighter.
As a result of his exposure to the Defendants' AFFF and TOG
products, the Plaintiff was diagnosed with kidney cancer and
thyroid disease, which has caused him to suffer severe personal
injuries, pain, suffering, and emotional distress.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and/or sellers of
PFAS-containing AFFF and TOG products or underlying PFAS containing
chemicals used in AFFF and TOG production.
The Defendants include AGC CHEMICALS AMERICAS, INC.; ALLSTAR FIRE
EQUIPMENT; AMEREX CORPORATION; ARCHROMA U.S., INC.; ARKEMA INC.;
BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CB
GARMENT, INC.; CHEMDESIGN PRODUCTS INC.; CHEMGUARD INC.; CHEMICALS
INCORPORATED; CHEMOURS COMPANY FC, LLC; CHUBB FIRE LTD.; CLARIANT
CORPORATION; CORTEVA, INC.; DAIKIN AMERICA, INC.; DEEPWATER
CHEMICALS INC.; DUPONT DE NEMOURS, INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; FIRE-DEX,
LLC; FIRE SERVICE PLUS, INC.; GLOBE MANUFACTURING COMPANY LLC;
HONEYWELL SAFETY PRODUCTS USA, INC.; INNOTEX CORP.; JOHNSON
CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS & SONS; LION GROUP,
INC.; MILLIKEN & COMPANY; MINE SAFETY APPLIANCES COMPANY, LLC;
MUNICIPAL EMERGENCY SERVICES, INC.; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; PBI PERFORMANCE PRODUCTS, INC.; PERIMETER
SOLUTIONS, LP; RICOCHET MANUFACTURING COMPANY, INC; SAFETY
COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN MILLS INC.; STEDFAST
USA INC.; THE CHEMOURS COMPANY; TYCOFIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC. (f/k/a GE
Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE & ASSOCIATES INC.;
WITMER PUBLIC SAFETY GROUP, INC.[BN]
The Plaintiff is represented by:
James Ryan Ziminskas, Esq.
THEMIS LAW, PLLC
7718 Wood Hollow Drive, Suite 105
Austin, TX 78731
Telephone: (737) 208-1636
E-mail: rziminskas@themislawpllc.com
ALLEGHENY HEALTH: Palermo Sues Over Recent Cyberattack
------------------------------------------------------
Wendy Palermo, on behalf of herself and all others similarly
situated v. ALLEGHENY HEALTH NETWORK, (Pa. Common Pleas, Allegheny
Cty., Jan. 28, 2025), is brought arising from a recent cyberattack
discovered on November 19, 2024, resulting in a data breach of
sensitive information in the possession and custody and/or control
of Defendant (the "Data Breach").
The Data Breach began on October 11, 2024, and was not discovered
by Defendant and its agents until November 19, 2024, allowing
cybercriminals unfettered access to Plaintiff and the Class's most
sensitive information for an appalling 39 days. The Data Breach
resulted in unauthorized disclosure, exfiltration, and theft of
current and former patients highly personal information, names,
dates of birth, addresses, Social Security numbers, financial
account numbers, ("personally identifying information" or "PII"),
health insurance identification numbers and other health insurance
information, and treatment information including diagnoses,
provider information, treatments/procedures, dates of service,
prescription information, and medical device serial numbers
("protected health information" or "PHI").
On January 24, 2025--three months after the Data Breach first
began--AHN finally began notifying Class Members about the Data
Breach ("Breach Notice"). Defendant took three months before
informing Class Members even though Plaintiff and thousands of
Class Members had their most sensitive personal information
accessed, exfiltrated, and stolen, causing them to suffer
ascertainable losses in the form of the loss of the benefit of
their bargain and the value of their time reasonably incurred to
remedy or mitigate the effects of the attack.
The Defendant's failure to timely detect and report the Data Breach
made its patients vulnerable to identity theft without any warnings
to monitor their financial accounts or credit reports to prevent
unauthorized use of their Sensitive Information. The Defendant knew
or should have known that each victim of the Data Breach deserved
prompt and efficient notice of the Data Breach and assistance in
mitigating the effects of PII and PHI misuse.
In failing to adequately protect Plaintiff's and the Class's
Sensitive Information, failing to adequately notify them about the
breach, and by obfuscating the nature of the breach, Defendant
violated state and federal law and harmed thousands of its current
and former patients. The Plaintiff and members of the proposed
Class are victims of Defendant's negligence and inadequate cyber
security measures. Specifically, Plaintiff and members of the
proposed Class trusted Defendant with their Sensitive Information.
But Defendant betrayed that trust. Defendant failed to properly use
up-to-date security practices to prevent the Data Breach, says the
complaint.
The Plaintiff is a victim of Data Breach and AHN patient.
Allegheny Health Network is a Pennsylvania corporation with its
principal place of business located in Pittsburgh,
Pennsylvania.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI & BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Phone: (215) 496-8282
Fax: (215) 496-0999
Email: phoward@smbb.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago IL, 60611
Phone: (872) 263-1100
Facsimile: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
ALLIED FIRST BANK: Fischer Sues Over Unpaid Minimum, Overtime Wages
-------------------------------------------------------------------
Christian Fischer, Renard Batu, Anthony Seguna, and Leslie Pier, on
behalf of themselves and all others similarly situated v. ALLIED
FIRST BANK, S.B., ALLIED FIRST BANCORP, INC., SERVBANK, SB, and
SERVBANK HOLDCO, INC., Case No. 1:25-cv-02410 (N.D. Ill., March 6,
2025), is brought against the Defendants who treated the Plaintiff
and othes as exempt, commission only employees, and AFB refused to
pay them minimum wages and overtime in violation of the Fair Labor
Standards Act ("FLSA") and the Illinois Wage Payment and Collection
Act ("IWPCA").
The Defendants' policy and practice are to deny earned wages,
including minimum wage and/or overtime pay, to its employees. In
particular, the Defendants requires these employees to perform work
in excess of 40 hours per week but fails to pay them minimum wage
and/or overtime by illegally misclassifying such employees. The
Defendants failed to pay minimum wage and/or overtime compensation
as required by the FLSA and Illinois state law, says the
complaint.
The Plaintiffs were former employees of the Deffedants and was
treated as exempt employees.
ALLIED FIRST BANK is a "one-stop shop for all your banking
needs."[BN]
The Plaintiff is represented by:
Rowdv B. Meeks, Esq.
ROWDY MEEKS LEGAL GROUP LLC
8201 Mission Road, Suite 100
Prairie Village, KS 66208
Phone: (913) 766-5585
Fax: (816) 875-5069
Email: Rowdy.Meeks@rmlegalgroup.com
Web: www.rmlegalgroup.com
- and -
Kenneth C. Apicella, Esq.
DROST, GILBERT, ANDREW & APICELLA, LLC
4811 Emerson Ave Suite I IO
Palatine, IL 60067
Phone: (847) 934-6000
Fax: (847) 934-6040
Email: KCA@dgaa1aw.com
Web: www.dgaalaw.com
- and -
Brendan J. Donelon, Esq.
DONELON, P.C.
4600 Madison, Suite 810
Kansas City, MO 64112
Phone: (816) 221-7100
Fax: (816) 709-1044
Email: brendan@donelonpc.com
ALLIED RESTORATION: Alvarado Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Allied Restoration
Services, Inc. The case is styled as Albert Alvarado, an
individual, on behalf of himself and all others similarly situated
v. Allied Restoration Services, Inc., Case No. 25STCV06343 (Cal.
Super. Ct., Los Angeles Cty., March 5, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Allied Restoration Services, Inc. -- https://alliedrestore.com/ --
offer fire damage restoration, water damage restoration, mold
remediation and more for commercial and residential properties
alike.[BN]
The Plaintiff is represented by:
Nazo Koulloukian, Esq.
KOUL LAW FIRM
3435 Wilshire Blvd., Ste. 1710
Los Angeles, CA 90010-2003
Phone: 213-761-5484
Fax: 818-561-3938
Email: nazo@koullaw.com
ARCH INSURANCE: Musah-Fullateeu Suit Removed to S.D. New York
-------------------------------------------------------------
The case captioned as Mohammed Musah-Fullateeu and Sittough Kogno,
individually and on behalf of all putative Class Members v. ARCH
INSURANCE COMPANY, Case No. 25STCV02816 was removed from the
Supreme Court of the State of New York, County of New York, to the
U.S. District Court for the Southern District of New York on March
6, 2025, and assigned Case No. 1:25-cv-01889.
The Complaint alleges that Plaintiffs and a putative class of
individuals were third-party beneficiaries of Public Works
Contracts between MFM and the City of New York, and that these
contracts included provisions requiring Plaintiffs and putative
class members to be paid "at or above the local prevailing wage
rates, including any required supplemental benefits and overtime
premiums for hours worked in excess of 40 hours per week, 8 hours
per day, hours worked on Saturday and Sunday and hours worked
during the evening."[BN]
The Plaintiff is represented by:
Brent E. Pelton, Esq.
Taylor B. Graham, Esq.
Alison L. Mangiatordi, Esq.
PELTON GRHAM LLC
111 Broadway, Suite 1503
New York, NY 10006
Phone: (212) 385-9700
Email: pelton@pentongraham.com
graham@peltongraham.com
mangiatordi@peltongraham.com
The Defendant is represented by:
Markham R. Leventhal, Esq.
CARLTON FIELDS, P.A.
1025 Thomas Jefferson Street, NW, Suite 400 West
Washington, D.C. 20007-5208
Phone: (202) 965-8100
Facsimile: (202) 965-8104
Email: mleventhal@carltonfields.com
AUTHENTIC SPORT: Curtis Files TCPA Suit in S.D. California
----------------------------------------------------------
A class action lawsuit has been filed against Authentic Sport
Specialty, Inc. The case is styled as Kate Curtis, individually and
on behalf of all those similarly situated v. Authentic Sport
Specialty, Inc., Case No. 3:25-cv-00521-DMS-KSC (S.D. Cal., March
6, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
Authentic Sport Specialty, Inc. doing business as Soccer Post --
https://soccerpost.com/ -- is a shop for soccer footwear, jerseys,
apparel, equipment and accessories from top brands and teams.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
1515 NE 26th Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
BCE-MACH III: Parties Seek More Time to File Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as Sagacity, Inc., et al., on
behalf of themselves and all others similarly situated, v. BCE-Mach
III LLC, Case No. 6:23-cv-00039-RAW-GLJ (E.D. Okla.), the Parties
ask the Court to enter an order granting their joint motion for
extension of the scheduling order as follows:
Event Current Proposed
Deadline Deadline
Class Certification Motion April 16, 2025 May 30, 2025
filed with all supporting
evidence, including expert
disclosures:
Class Certification Response June 16, 2025 July 29, 2025
filed with all supporting
evidence, including expert
disclosures:
Class Certification Reply July 16, 2025 Aug. 28, 2025
filed with any rebuttal
evidence, including rebuttal
expert disclosures, if any:
Class Certification July 16, 2025 Aug. 28, 2025
Discovery Cutoff:
Evidentiary hearing on Aug. 5, 2025 (to be set by
Plaintiffs' Motion for the Court on or
Class Certification: after October
20, 2025)
On Nov. 18, 2024, the Court entered the current scheduling order,
following the Parties' joint motion to extend the class
certification schedule.
BCE-Mach is a portfolio company of Bayou City Energy Management LLC
(BCE) and Mach Resources LLC (Mach), focusing on upstream oil and
gas assets.
A copy of the Parties' motion dated March 6, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=azSriS at no extra
charge.[CC]
The Plaintiffs are represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON PLLC
431 W. Main Street, Suite D
Oklahoma City, OK 73102
Telephone: (405) 698-2770
E-mail: reagan@bradwil.com
ryan@bradwil.com
The Defendant is represented by:
Jeffrey C. King, Esq.
K&L GATES LLP
301 Commerce Street, Suite 3000
Fort Worth, TX 76102
Telephone: (817) 347-5270
Facsimile: (817) 347-5299
E-mail: jeffrey.c.king@klgates.com
- and -
Timothy J. Bomhoff, Esq.
Patrick L. Stein, Esq.
MCAFEE & TAFT
Eighth Floor, Two Leadership Square
211 North Robinson Avenue
Oklahoma City, OK 73102
Telephone: (405) 235-9621
Facsimile: (405) 235-0439
E-mail: tim.bomhoff@mcafeetaft.com
patrick.stein@mcafeetaft.com
BOSLEY INC: Espinal Sues Over Blind-Inaccessible Website
--------------------------------------------------------
Frangie Espinal, Individually and as the representative of a class
of similarly situated persons v. BOSLEY, INC., Case No.
1:25-cv-01890 (S.D.N.Y., March 6, 2025), is brought this civil
rights action against the Defendant for their failure to design,
construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). Because Defendant's interactive website,
https://bosleymd.com/, including all portions thereof or accessed
thereon (collectively, the "Website" or "Defendant's Website"), is
not equally accessible to blind and visually-impaired consumers, it
violates the ADA. Plaintiff seeks a permanent injunction to cause a
change in Defendant's corporate policies, practices, and procedures
so that Defendant's Website will become and remain accessible to
blind and visually-impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen reading software to read website content using her
computer.
BOSLEY, INC., operates the BosleyMD online retail store, as well as
the BosleyMD interactive Website and physical retail stores and
advertises, markets, and operates in the State of New York and
throughout the United States.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
jeffrey@gottlieb.legal
dana@gottlieb.legal
BRENDA SERRANO: Warner Bros. Files Petition to Compel Arbitration
-----------------------------------------------------------------
The case captioned as Warner Bros. Studio Operations, a division of
WB Studio Enterprises, Inc. and Warner Bros. Discovery, Inc., and
others similarly situated, Plaintiffs/Petitioners v. BRENDA
SERRANO, ELENA FLORES, ANA GARCIA, and COREY ROBINSON,
Defendants/Respondents, Case No. 2:25-cv-02003 (C.D. Cal., March 6,
2025).
The Plaintiffs/Petitioners Warner Bros. Studio Operations, a
Division of WB Studio Enterprises, Inc. ("WBSO") and Warner Bros.
Discovery, Inc. bring this Petition for an Order Compelling
Respondents Brenda Serrano, Elena Flores, Ana Garcia, and Corey
Robinson to Arbitrate Their Claims Pursuant to a Collective
Bargaining Agreement.
Counsel for Petitioners notified counsel for Respondents on or
around October 24, 2024 and October 30, 2024 that their clients'
claims are subject to arbitration pursuant to the CBA, and further
demanded that Respondents submit their claims to arbitration in
accordance with the contractually mandated procedures under the
CBA. Despite Petitioners' further attempts to meet and confer to
try and resolve the matter, Respondents have to date refused to
submit their claims to arbitration in compliance with the CBA.
WB Studio Enterprises, Inc. is a corporation incorporated under the
laws of the State of Delaware and engages in, inter alia, the
creation, production, and distribution of media entertainment
worldwide.[BN]
The Plaintiffs/Petitioners are represented by:
Stephen A. Rossi, Esq.
Matthew J. Mardesich, Esq.
MITCHELL SILBERBERG & KNUPP LLP
2049 Century Park East, 18th Floor
Los Angeles, CA 90067-3120
Phone: (310) 312-2000
Facsimile: (310) 312-3100
Email: sar@msk.com
mjm@msk.com
BUNGE NORTH AMERICA: Ellis Sues Over Failure to Pay Overtime Wages
------------------------------------------------------------------
Jessica Ellis, individually and on behalf of others similarly
situated v. BUNGE NORTH AMERICA, INC., BUNGE NORTH AMERICA (EAST),
L.L.C., BUNGE MILLING, LLC, Case No. 4:25-cv-00293 (E.D. Mo., March
10, 2025), is brought against the Defendants for their failure to
pay employees all overtime wages earned, seeking all available
relief under the Fair Labor Standards Act of 1938 ("FLSA") and the
Ohio Minimum Fair Wage Standards Act ("OMFWSA").
The Plaintiff and others similarly situated routinely worked more
than 40 hours per workweek. Therefore, the Defendants failed to pay
the Plaintiff and other similarly situated hourly production
employees for all overtime earned. As a result of the Defendants'
companywide policy and/or practice, the Defendants knew or had
reason to know that they were not compensating the Plaintiff and
other similarly situated hourly production employees for all wages
that they actually earned, including overtime pay.
The Defendants' conduct was willful, reckless, and in knowing
violation of the FLSA. Despite being aware of their obligations
under federal and state wage laws, the Defendants deliberately
failed to compensate employees for integral and indispensable pre
and post-shift work. The Defendants could have tracked this time
through their payroll and timekeeping systems but did not to do so,
evidencing a reckless disregard for their wage payment obligations,
says the complaint.
The Plaintiff has been employed by the Defendants, individually or
jointly, from October 2023 through the present, as an hourly,
non-exempt production employee.
Bunge is a for-profit New York corporation.[BN]
The Plaintiff is represented by:
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher Street, N.W., Suite B
North Canton, OH 44720
Phone: (330) 470-4428
Facsimile: (330) 754-1430
Email: hans@ohlaborlaw.com
- and -
Robi J. Baishnab (OH 0086195)
NILGES DRAHER LLC
1360 East 9th Street, Ste. 808
Cleveland, OH 44114
Phone: (216) 230-2944
Facsimile: (330) 754-1430
Email: rbaishnab@ohlaborlaw.com
- and -
Matthew J.P. Coffman, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Phone: 614-949-1181
Fax: 614-386-9964
Email: mcoffman@mcoffmanlegal.com
CABELAS LLC: Rivera Files TCPA Suit in D. Colorado
--------------------------------------------------
A class action lawsuit has been filed against Cabelas LLC. The case
is styled as Edgar Rivera, individually and on behalf of all others
similarly situated v. Cabelas LLC, Case No. 1:25-cv-00290-KAS (D.
Colo., Jan. 28, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Cabela's -- https://www.cabelas.com/home -- offer quality hunting,
fishing, camping, recreational shooting and outdoor gear at
competitive prices.[BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
COLEMAN, PLLC
18117 Biscayne Boulevard, Suite 4152
Miami, FL 33160
Phone: (877) 333-9427
Email: law@stefancoleman.com
The Defendant is represented by:
A. Paul Heeringa, Esq.
MANATT PHELPS & PHILLIPS LLP
151 North Franklin Street, Suite 2600
Chicago, IL 60606
Phone: (312) 529-6308
Fax: (312) 529-6315
Email: pheeringa@manatt.com
CALIBER HOLDINGS: Espinoza Suit Removed to C.D. California
----------------------------------------------------------
The case captioned as Leonel Espinoza, an individual and on behalf
of all others similarly situated v. CALIBER HOLDINGS L.L.C., doing
business as "Caliber Collision", a California limited liability
company; CALIBER HOLDINGS OF CALIFORNIA LLC, doing business as
"Caliber Holdings LLC", a Delaware limited liability company; and
DOES 1 through 100, inclusive, Case No. 25STCV010880 was removed
from the Superior Court of California in and for the County of Los
Angeles, to the U.S. District Court for the Central District of
California on March 5, 2025, and assigned Case No. 2:25-cv-01952.
The Complaint alleges causes of action for failure to pay minimum
wages; failure to pay overtime wages; meal period violations; rest
period violations; wage statement violations; failure to reimburse
necessary business expenses; waiting time penalties; failure to
timely pay wages; and unfair competition.[BN]
The Defendant is represented by:
Carrie A. Gonell, Esq.
Nancy Nguyen, Esq.
Mayra Negrete, Esq.
MORGAN, LEWIS & BOCKIUS LLP
600 Anton Boulevard, Suite 1800
Costa Mesa, CA 92626-7653
Phone: +1.714.830.0600
Fax: +1.714.830.0700
Email: carrie.gonell@morganlewis.com
nancy.nguyen@morganlewis.com
mayra.negrete@morganlewis.com
CARAWAY HOME: Fernandez Sues Over Blind-Inaccessible Website
------------------------------------------------------------
Felipe Fernandez, on behalf of himself and all others similarly
situated v. CARAWAY HOME, INC., Case No. 1:25-cv-01846 (S.D.N.Y.,
March 5, 2025), is brought against Defendant for the failure to
design, construct, maintain, and operate Defendant's website,
www.carawayhome.com (the "Website"), to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its goods and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA"). The Defendant's website is not equally
accessible to blind and visually impaired consumers; therefore,
Defendant is in violation of the ADA. Plaintiff now seeks a
permanent injunction to cause a change in Defendant's corporate
policies, practices, and procedures so that Defendant's Website
will become and remain accessible to blind and visually-impaired
consumers, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which Defendant ensures the delivery of
such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Fax: (201) 282-6501
Email: rsalim@steinsakslegal.com
CAREDX INC: Filing for Class Cert Bid in Pension Suit Due April 18
------------------------------------------------------------------
In the class action lawsuit captioned as Plumbers & Pipefitters
Local Union No. 295 Pension Fund, v. CareDx, Inc., Case No.
3:22-cv-03023-TLT (N.D. Cal.), the Hon. Judge Trina Thompson
entered a final [second] revised case management and scheduling
order as follows:
1. Trial Date: March 23, 2026, 9am
2. Final Pretrial Conference: Feb. 19, 2026, 3:00pm
3. Last day to file dispositive Sept. 15, 2025
motions:
4. Expert Discovery Cut-Off: Sept. 1, 2025
5. Class Certification:
Motion by: Apr. 18, 2025
Opposition by: May 16, 2025
Reply by: May 30, 2025
Hearing on: June 17, 2025,
CareDx is a precision medicine solutions company focused on the
discovery, development and commercialization of clinically
differentiated, high-value healthcare solutions for transplant
patients and caregivers.
A copy of the Court's order dated March 4, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=i5pVD1 at no extra
charge.[CC]
CARING COMPANIONS: Walker Sues to Recover Unpaid Overtime Wages
---------------------------------------------------------------
Toronda Walker, individually, and on behalf of herself and other
similarly situated current and former employees v. CARING
COMPANIONS, LLC, Case No. 2:25-cv-02249 (W.D. Tenn., March 5,
2025), is brought against Defendant as a multi-plaintiff action
under the Fair Labor Standards Act ("FLSA") to recover unpaid
overtime compensation and other damages owed to Plaintiff and other
similarly situated caregivers.
The Plaintiff and those similarly situated performed work for
Defendant for more than 40 hours per week within weekly pay periods
during all times material to this action. The Defendant has had a
common policy and practice of paying Plaintiff and those similarly
situated only at a straight time rate of pay for all their work
hours over 40 per week within weekly pay periods during all times
material to this Complaint The Defendant violated the FLSA by
failing to pay Plaintiff and those similarly situated for all hours
worked over 40 per week within weekly pay periods at one and
one-half times their regular hourly rate of pay during all times
material to this action, says the complaint.
The Plaintiff has been employed by Defendant as an hourly-paid
caregiver.
Caring Companions, LLC, is a home care provider in Memphis,
Tennessee and the surrounding area.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood, Esq.
Joshua Autry, Esq.
Cooper Mays, Esq.
JACKSON, SHIELDS, YEISER, HOLT, OWEN AND BRYANT
262 German Oak Drive
Memphis, TN 38018
Phone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
jautry@jsyc.com
cmays@jsyc.com
CARITAS MANAGEMENT: Standifer Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Caritas Management
Corporation. The case is styled as Ebony Standifer, on behalf of
herself and all others similarly situated, and on behalf of the
general public v. Caritas Management Corporation, Does 1 through
10, Inclusive, Case No. CGC25622983 (Cal. Super. Ct., San Francisco
Cty., March 5, 2025).
The case type is stated as "Other Non-Exempt Complaints."
Caritas Management Corporation (CMC) --
https://caritasmanagement.com/ -- is a full-service property
management company that specializes in affordable housing
programs.[BN]
The Plaintiff is represented by:
Roman Otkupman, Esq.
OTKUPMAN LAW FIRM, ALC
28632 Roadside Dr, Ste 203
Agoura Hills, CA 91301-6015
Phone: (818) 293-5623
Fax: (888) 850-1310
Email: roman@OLFLA.com
CARVANA LLC: Bids for Class Certification Amended to Nov. 10
------------------------------------------------------------
In the class action lawsuit captioned as SYRETTA HARVIN, et al. v.
CARVANA, LLC, et al., Case No. 2:23-cv-02068-MRP (E.D. Pa.), the
Hon. Judge Mia Perez entered an amended scheduling order as
follows:
1. The stay issued on Sept. 13, 2024, is lifted.
2. The Defendants shall file their response to the Amended
consolidated complaint on or before March 26, 2025.
3. All fact discovery shall be completed by Aug. 1, 2025.
4. The Plaintiffs' expert report is due by Aug. 15, 2025.
5. The Defendants' expert report is due by Sept. 12, 2025.
6. All expert discovery shall be completed on or before Oct.
17, 2025.
7. Motions for class certification are due by Nov. 10, 2025.
8. Briefs in opposition to motions for class certification are
due by Nov. 24, 2025.
9. Any remaining deadlines, including dispositive motions, pre-
trial filings, and trial dates will be scheduled following
the Court's decision on the motions for class certification.
Carvana offers new and used cars and vehicles.
A copy of the Court's order dated March 5, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=M5VPpO at no extra
charge.[CC]
CFN SERVICES INC: Torres Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against CFN SERVICES, INC.
The case is styled as Bianca L. Martin Torres, on behalf of all
others similarly situated v. CFN SERVICES, INC., Case No.
BCV-25-100801 (Cal. Super. Ct., Kern Cty., March 5, 2025).
The case type is stated as "Other Employment - Civil Unlimited."
CFN Services Inc. designs and develops application software.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
Edwin M Kamarzarian, Esq.
Allen V. Feghali, Esq.
MOON & YANG, APC
725 South Figueroa St., 31st Floor
Los Angeles, CA 90017
Phone: 213-232-3128
Fax: 213-232-3125
Email: kane.moon@moonyanglaw.com
ekamarzarian@moonlawgroup.com
afeghali@moonlawgroup.com
CHAMPION HOME: Corona Suit Removed to E.D. California
-----------------------------------------------------
The case captioned as Brandon Corona, individually and on behalf of
others similarly situated v. CHAMPION HOME BUILDERS, INC., a
Delaware corporation; and DOES 1 through 25, inclusive, Case No.
CV2024-2991 was removed from the Superior Court of the State of
California for the County of Yolo, to the U.S. District Court for
the Eastern District of California on March 5, 2025, and assigned
Case No. 1:25-at-00188.
The Plaintiff's Complaint alleges nine causes of action: Failure to
Pay Minimum Wages; Failure to Pay Overtime Wages; Meal Period
Violations; Rest Period Violations; Failure to Timely Pay All Wages
During Employment; Wage Statement Violations; Failure to Timely Pay
Final Wages Upon Termination of Employment; Failure to Reimburse
Necessary Business Expenses; and Violation of the Unfair
Competition Law, California Business and Professions Code
("UCL").[BN]
The Defendant is represented by:
Alexander M. Chemers, Esq.
Catherine L. Brackett, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Phone: 213-239-9800
Facsimile: 213-239-9045
Email: alexander.chemers@ogletree.com
catherine.brackett@ogletree.com
CHRIST HOSPITAL: Asbury Sues Over Failure to Pay Overtime Wages
---------------------------------------------------------------
Kristi Asbury, on behalf of herself and others similarly situated
v. THE CHRIST HOSPITAL, INC. d/b/a THE CHRIST HOSPITAL HEALTH
NETWORK, Case No. 1:25-cv-00136-JPH (S.D. Ohio, March 6, 2025), is
brought against the Defendant for its failure to pay employees
overtime wages, seeking all available relief under the Fair Labor
Standards Act of 1938 ("FLSA").
The Plaintiff worked more than 40 hours in one or more workweek(s)
or were scheduled to work at least 40 hours in one or more
workweek(s). During their employment with the Defendant, the
Plaintiff were not fully and properly paid for all overtime wages
because Defendant required a daily meal break deduction to be
taken, generally by deducting a meal break from their recorded time
worked, even when the Plaintiff were unable to take a fully
uninterrupted meal break.
The Defendant knew or should have been aware that the Plaintiff had
a daily meal break deduction taken even though they did not receive
an uninterrupted meal break. Further, the Defendant knew or should
have been aware that the Plaintiff worked in excess of 40 hours in
a workweek and were entitled to be paid overtime for such work, but
the Defendant willfully elected not to fully compensate its
employees during all times relevant, says the complaint.
The Plaintiff has been employed by Defendant as an hourly,
non-exempt environmental services lead from approximately July 2024
through September 2024 in Liberty Township, Ohio.
The Defendant constitutes a health network of hospitals and other
medical centers that operates over 100 locations throughout the
Greater Cincinnati and surrounding tristate area.[BN]
The Plaintiff is represented by:
Matthew J.P. Coffman, Esq.
Adam C. Gedling, Esq.
Kelsie N. Hendren, Esq.
Tristan T. Akers, Esq.
COFFMAN LEGAL, LLC
1550 Old Henderson Rd., Suite #126
Columbus, OH 43220
Phone: 614-949-1181
Fax: 614-386-9964
Email: mcoffman@mcoffmanlegal.com
agedling@mcoffmanlegal.com
khendren@mcoffmanlegal.com
takers@mcoffmanlegal.com
CLEAN EARTH: Delgadillo Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Clean Earth
Environmental Solutions, Inc. The case is styled as Luis Armando
Delgadillo, on behalf of all others similarly situated v. Clean
Earth Environmental Solutions, Inc., Case No. BCV-25-100802 (Cal.
Super. Ct., Kern Cty., March 6, 2025).
The case type is stated as "Other Employment - Civil Unlimited."
Clean Earth -- https://www.cleanearthinc.com/ -- offers a
comprehensive array of specialty waste treatment, disposal, and
recycling solutions.[BN]
The Plaintiff is represented by:
Allen V. Feghali, Esq.
Kane Moon, Esq.
MOON & YANG, APC
725 South Figueroa St., 31st Floor
Los Angeles, CA 90017
Phone: 213-232-3128
Fax: 213-232-3125
Email: afeghali@moonlawgroup.com
kane.moon@moonyanglaw.com
- and -
Sang D. Song, Esq.
MOON LAW GROUP, PC
1055 W. 7th St., Ste. 1880
Los Angeles, CA 90017-2529
Phone: 213-232-3128
Fax: 213-232-3125
Email: psong@moonlawgroup.com
CLEAR AND STRATEGIC: King Files TCPA Suit in S.D. California
------------------------------------------------------------
A class action lawsuit has been filed against Clear and Strategic
LLC. The case is styled as Kris King, individually and on behalf of
all those similarly situated v. Clear and Strategic LLC, Case No.
3:25-cv-00508-MMA-DEB (S.D. Cal., March 5, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act.
Clear and Strategic LLC -- https://clearandstrategic.com/ -- is in
the Credit Clearinghouse business.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
LAW OFFICES OF JIBRAEL S. HINDI, PLLC
1515 NE 26th Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
CMRE FINANCIAL SERVICES: Wilson Files TCPA Suit in D. Oregon
------------------------------------------------------------
A class action lawsuit has been filed against CMRE Financial
Services, Inc. The case is styled as Chet Michael Wilson,
individually and on behalf of all others similarly situated v. CMRE
Financial Services, Inc., Case No. 6:25-cv-00152-AA (D. Ore., Jan.
28, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
CMRE Financial Services, Inc. (CMRE) -- https://cmrefsi.com/ -- has
been providing collection and A/R management services for the
healthcare industry for more than four decades.[BN]
The Plaintiff is represented by:
Andrew Roman Perrong, Esq.
PERRONG LAW LLC
2657 Mt. Carmel Ave
Glenside, PA 19038
Phone: (215) 225-5529
Fax: (888) 329-0305
Email: a@perronglaw.com
- and -
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (617) 485-0018
Fax: (508) 318-8100
Email: anthony@paronichlaw.com
COLLEGE OF WOOSTER: Bishop Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Cedric Bishop, for himself and on behalf of all other persons
similarly situated, v. THE COLLEGE OF WOOSTER, Case No.
1:25-cv-01866 (S.D.N.Y., March 6, 2025), is brought against the
Defendant for its failure to design, construct, maintain, and
operate its interactive website to be fully accessible to and
independently usable by Plaintiff and other blind or
visually-impaired persons.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act ("ADA") and The Rehabilitation Act of 1973 ("RA")
prohibiting discrimination against the blind. Because Defendant's
interactive website, https://wooster.edu, including all portions
thereof or accessed thereon, including, but not limited to,
https://woosterathletics.com/landing/index and
https://mayerbookstore.com/home (collectively the "Website" or
"Defendant's Website"), is not equally accessible to blind and
visually-impaired consumers, it violates the ADA and the RA.
Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's Website will become and remain accessible to blind and
visually impaired consumers.
By failing to make its Website available in a manner compatible
with computer screen reader programs, Defendant deprives blind and
visually-impaired individuals the benefits of its online goods,
content, and services--all benefits it affords nondisabled
individuals--thereby increasing the sense of isolation and stigma
among those persons that Title III was meant to redress, says the
complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer.
THE COLLEGE OF WOOSTER, is an Ohio Domestic Nonprofit Corporation,
and a private liberal arts college with its main campus located in
Wooster, Ohio.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, N.Y. 10003-2461
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: michael@gottlieb.legal
dana@gottlieb.legal
jeffrey@gottlieb.legal
COMMUNITY HEALTH: Frankfurter Suit Removed to D. Connecticut
------------------------------------------------------------
The case captioned as David Frankfurter, individually and on behalf
of all others similarly situated v. COMMUNITY HEALTH CENTER, INC.,
Case No. MMX-CV25-6044376-S was removed from the Connecticut
Superior Court, Judicial District of Middlesex at Middletown, to
the U.S. District Court for the District of Connecticut on March
10, 2025, and assigned Case No. 3:25-cv-00344-SVN.
The action results from a data breach of some of CHCI's systems
that stored certain personally identifiable information ("PII") and
protected health information ("PHI"). The complaint alleges, in
essence, that: CHCI owes various duties to Plaintiff and the
putative class members--arising out of their special
patient-provider relationship--to protect and safeguard their
personal information from unauthorized disclosure or access, CHCI
breached those duties by failing to implement and maintain
reasonable security procedures and practices to protect Plaintiff's
and the putative class members' PII/PHI from unauthorized access
and disclosure, and as a result CHCI caused various harms to
Plaintiff and the putative class members.[BN]
The Defendant is represented by:
Philip H. Bieler, Esq.
BAKER HOSTETLER LLP
45 Rockefeller Plaza 14th Floor
New York, NY 10111
Phone: (212) 847-2868
Fax: (212) 589-4201
Email: pbieler@bakerlaw.com
- and -
Matthew S. Freedus, Esq.
FELDESMAN LEIFER LLP
1129 20th Street, N.W., 4th Floor
Washington, DC 20036
Phone: 202.466.8960
Email: mfreedus@feldesman.com
CORECIVIC INC: Discovery in CE Detainee Labor Suit Ongoing
----------------------------------------------------------
Corecivic Inc. disclosed in its Form 10-K Report for the fiscal
period ending December 31, 2024 filed with the Securities and
Exchange Commission on February 21, 2025, that discovery process is
ongoing for the CE Detainee Labor class suit in the United States
District Court for the Souther District of California.
On May 31, 2017, two former ICE detainees, who were detained at the
Company's Otay Mesa Detention Center ("OMDC") in San Diego,
California, filed a class action lawsuit against the Company in the
United States District Court for the Southern District of
California. The complaint alleged that the Company forces detainees
to perform labor under threat of punishment in violation of state
and federal anti-trafficking laws and that OMDC's Voluntary Work
Program ("VWP") violates state labor laws including state minimum
wage laws.
ICE requires that CoreCivic offer and operate the VWP in
conformance with ICE standards and ICE prescribes the minimum rate
of pay for VWP participants. The Plaintiffs seek compensatory
damages, exemplary damages, restitution, penalties, and interest as
well as declaratory and injunctive relief on behalf of former and
current detainees.
On April 1, 2020, the district court certified a nationwide
anti-trafficking claims class of former and current detainees who
participated in an ICE VWP at a CoreCivic facility. It also
certified a state law class of former and current detainees who
participated in a VWP wherever the Company held ICE detainees in
California.
The Company has exhausted appeals of the class certification order.
On May 6, 2024, the district court stayed the filing of dispositive
motions on state law claims under California law pending the
outcome of a related case being prosecuted by another private
prison company.
That case is currently on appeal in the Ninth Circuit Court of
Appeals. The claims resulting in certified classes are proceeding
in all other respects in the United States District Court for the
Southern District of California, where the discovery process has
commenced.
CoreCivic is a company that owns and manages private prisons and
detention centers and operates others on a concession basis.[CC]
CRABBY SHACK: Tuiz Sues Over Unpaid Overtime Compensation
---------------------------------------------------------
Bal Vino Tuiz Tuiz, on behalf of himself and others similarly
situated v. THE CRABBY SHACK, LLC, GWENDOLYN C. WOODS, and FAYOLA
"FIFI" K. BELL-CLANTON, Case No. 1:25-cv-01344 (E.D.N.Y., March 10,
2025), is brought pursuant to the Fair Labor Standards Act ("FLSA")
and the New York Labor Law ("NYLL")to recover from the Defendants:
unpaid overtime compensation, liquidated and statutory damages,
prejudgment and post judgment interest, and attorneys' fees and
costs.
The Defendants knowingly and willfully operate their business with
a policy of not paying Plaintiff and other similarly situated
employees either the FLSA overtime rate (of time and one-half), or
the New York State overtime rate (of time and one-half), in direct
violation of the FLSA and New York Labor Law and the supporting
federal and New York State Department of Labor Regulations. The
Defendants knowingly and willfully operate their business with a
policy of not paying a "spread of hours" premium to Plaintiff and
other similarly situated employees, in direct contravention of the
New York State Labor Law and Regulations, says the complaint.
The Plaintiff worked for Defendants in that capacity until on or
about January 26, 2025.
The Crabby Shack, LLC, owns and operates a seafood restaurant doing
business as "The Crabby Shack."[BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter H. Cooper, Esq.
CILENTI & COOPER, PLLC
60 East 42nd Street - 40th Floor
New York, NY 10165
Phone: (212) 209-3933
Fax: (212) 209-7102
Email: info@jepclaw.com
CSX TRANS: Filing for Class Cert Bid in Schobert Due June 26
------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY SCHOBERT, et al.,
v. CSX TRANSPORTATION, INC., Case No. 1:19-cv-00076-JPH (S.D.
Ohio), the Hon. Judge Jeffery Hopkins entered an order granting the
parties' joint motion to establish class/collection certification
schedule.
1. The Plaintiffs' motion for class certification to be filed
by June 26, 2025
2. The Defendant's response to the Plaintiffs' motion to be
filed by Aug. 28, 2025.
3. The Plaintiffs' reply to the Defendant's response to be
filed by Sept. 18, 2025.
CSX is a supplier of rail-based freight transportation.
A copy of the Court's order dated March 4, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=cX3u3O at no extra
charge.[CC]
CUMMINS INC: Baker Suit Transferred to S.D. Indiana
---------------------------------------------------
The case captioned as Tom Baker, individually and on behalf of all
others similarly situated v. CUMMINS INC., N. THOMAS LINEBARGER,
JENNIFER RUMSEY, MARK A. SMITH, Case No. 2:24-cv-00369 was
transferred from the U.S. District Court for the Central District
of California, to the U.S. District Court for the Southern District
of Indiana on March 5, 2025.
The District Court Clerk assigned Case No. 1:25-cv-00430-SEB-MJD to
the proceeding.
The nature of suit is stated as Securities/Commodities for
Securities Exchange Act.
Cummins Inc. -- https://www.cummins.com/ -- is an American
multinational corporation that designs, manufactures, and
distributes engines, filtration, and power generation
products.[BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.
ROSEN LAW FIRM PA
355 South Grand Avenue, Suite 2450
Los Angeles, CA 90071
Phone: (213) 785-2610
Fax: (213) 226-4684
The Defendant is represented by:
Jessica Lewis, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
2600 El Camino Real, Suite 400
Palo Alto, CA 94306
Phone: (628) 235-1160
CURALEAF INC: Beck Sues Over Failure to Pay Wages
-------------------------------------------------
Gabriella Beck and Ronnie Matthews, and all others similarly
situated v. CURALEAF, INC., CURALEAF MD, LLC, CURALEAF COLUMBIA,
LLC, Case No. 1:25-cv-00741-ADC (D. Md., March 6, 2025), is brought
under the Fair Labor Standards Act ("FLSA") because of Defendants'
failure to pay wages.
The Defendants have violated the provisions of the FLSA, resulting
in damages to Plaintiffs and those similarly situated to
Plaintiffs, in the form of wrongfully withheld tips, incurred and
incurring costs, and reasonable attorneys' fees. As a result of the
failure to pay wages in accordance with the FLSA, Plaintiffs, as
well as those similarly situated to Plaintiffs, have suffered
monetary damages by failing to receive their lawfully owed tips
during their tenure of employment with Defendants. In addition to
the amount of unpaid tips owing to the Plaintiffs and those
similarly situated to the Plaintiffs, Plaintiffs and those
similarly situated are also entitled to an additional amount equal
to the unpaid tips as liquidated damages pursuant to the FLSA, says
the complaint.
The Plaintiffs were employed by Defendants in the position of Store
Associates.
Curaleaf is a medical and recreational cannabis company that owns
and operates cannabis dispensaries in fourteen states, including
Maryland.[BN]
The Plaintiff is represented by:
Molly A. Elkin, Esq.
Sarah M. Block, Esq.
Rachel Lerner, Esq.
McGILLIVARY STEELE ELKIN LLP
1101 Vermont Ave., NW, Suite 1000
Washington, DC 20005
Phone: (202) 833-8855
Fax: (202) 452-1090
Email: mae@mselaborlaw.com
smb@mselaborlaw.com
rbl@mselaborlaw.com
CYBEX GMBH: Elsayed Sues Over Defective Infant Seats
----------------------------------------------------
Sarah Elsayed, on behalf of herself and all others similarly
situated v. CYBEX GMBH and COLUMBUS TRADING-PARTNERS USA INC., Case
No. 1:25-cv-01347-FB-TAM (E.D.N.Y., March 10, 2025), is brought
against Defendants on Class Members who purchased the Products
during the applicable statute of limitations period (the "Class
Period") as a result of the Defendants' misrepresentations and
omissions regarding their Infant Seats which contains defective
harness anchor pins that can dislodge, causing the harness to
detach at the hip anchor.
The Defendants design, manufacture and sell defective rear facing
infant seats that do not deliver on their promise of safety and
high quality (collectively, the "Products" or the "Infant Seats.")
Rather, Cybex Aton G infant seats manufactured between February 20,
2023 and May 10, 2024, contain defective harness anchor pins that
can dislodge, causing the harness to detach at the hip anchor. A
detached harness will not only fail to restrain a baby in the event
of a car crash, but exposes a baby to danger every time the seat is
used at all. The instruction manual for the Aton G specifically
cautions parents and caregivers to "ALWAYS USE the complete and
buckled five-point Harness around your child" (all caps as in
original).
On its website, Defendants advertise the Aton G infant seat as "the
ideal infant car seat solution for lightweight portability.
Featuring Side-Impact Protection integrated into the shell that
effectively reduces collision forces in a side-impact crash and
in-shell air ventilation that keeps your child cool in warmer
temps, the Aton G effectively marries the highest standards of
safety with a focus on child comfort.
The Defendants make these representations because they know that
parents and caregivers are willing to pay more for high-quality and
safe baby products. No reasonable consumer would purchase a
premium, more expensive car seat to transport an infant that has a
safety defect that could seriously harm their child.
Unfortunately, all consumers who purchased the Products received a
defective, unsafe and unusable infant seat that suffers from a
safety defect and is subject to a major national recall. Although
the Aton G infant seat is designed to be secured in and removed
from a base and to transport the baby to different locations safely
and securely throughout the day, the hip anchor retention hooks
under the seat are designed in a way that the anchor pins can
become deformed when the seat slides or scrapes across a sharp edge
such as a table, countertop or the edge of the Aton G swivel base
(the "Defect").
The Plaintiff and Class Members relied on Defendants'
misrepresentations and omissions that the Products were
high-quality, safe, defect-free and fit for their intended use, and
would safely transport their infants, when they purchased them.
Consequently, Plaintiff and Class Members lost the entire benefit
of their bargain when what they received were infant seats that are
not high-quality and not safe to transport their children, says the
complaint.
The Plaintiff purchased a Cybex EOS 5-in-1 travel system stroller
plus lightweight Atom G infant seat.
Cybex GmbH designs, manufactures, markets, and sells juvenile
products, including the Products at issue.[BN]
The Plaintiff is represented by:
James R. Denlea, Esq.
Jeffrey I. Carton, Esq.
Catherine H. Friesen, Esq.
DENLEA & CARTON LLP
2 Westchester Park Drive, Suite 410
White Plains, New York 10604
Phone: (914) 331-0100
Fax: (914) 331-0105
Email: jdenlea@denleacarton.com
jcarton@denleacarton.com
cfriesen@denleacarton.com
DAVITA INC: Consolidated Employee Antitrust Suit Ongoing
--------------------------------------------------------
DaVita Inc. disclosed in its Form 10-K Report for the fiscal year
ended December 31, 2024, filed with the Securities and Exchange
Commission on February 15, 2025, that on October 27, 2024, the
plaintiffs filed a Third Amended Complaint, seeking to bring an
action on behalf of certain groups of individuals employed by the
company between March 2008 and January 2021, to which the company
responded on December 20, 2024.
In July 14, 2021, an indictment was returned by a grand jury in the
U.S. District Court, District of Colorado against the company and
its former chief executive officer in the matter of "U.S. v. DaVita
Inc., et al." alleging that purported agreements entered into by
DaVita's former chief executive officer not to solicit senior-level
employees violated Section 1 of the Sherman Act. On August 9, 2021,
DaVita and its former chief executive officer were added as
defendants in a consolidated putative class action complaint in the
matter of "In re Outpatient Medical Center Employee Antitrust
Litigation" in the U.S. District Court, Northern District of
Illinois. This class action complaint asserts that the defendants
violated Section 1 of the Sherman Act and seeks to bring an action
on behalf of certain groups of individuals employed by the company
between February 1, 2012 and January 5, 2021. On September 26,
2022, the court denied the company's motion to dismiss.
In April 15, 2022, a jury returned a verdict in the company's
favor, acquitting both the company and its former chief executive
officer on all counts. In April 20, 2022, the court entered
judgments of acquittal and closed the case.
DaVita is a healthcare provider focused on comprehensive kidney
care from earlier diagnosis and prevention through supporting the
transplant process.
DISA GLOBAL: Eastwood Sues Over Failure to Secure & Safeguard PII
-----------------------------------------------------------------
Van Eastwood, individually and on behalf of all others similarly
situated v. DISA GLOBAL SOLUTIONS, INC., Case No. 4:25-cv-01029
(S.D. Tex., March 6, 2025), is brought against Defendant for
failing to properly secure and safeguard the personally
identifiable information ("PII" or "Private Information") of the
Class, resulting in the recent cyberattack and data breach of DISA
involving Plaintiff's PII.
The Defendant owed a non-delegable duty to Plaintiff and Class
Members to implement reasonable and adequate security measures to
protect their Private Information and to oversee third parties
entrusted with that data to ensure those third parties had proper
data security measures in place. The Private Information of
Plaintiff and Class Members--which they entrusted to Defendant with
the mutual understanding that Defendant would protect it against
disclosure--was targeted, compromised and unlawfully accessed due
to a data breach between on or about February 9, 2024 and April 22,
2024 (the "Data Breach").
The Data Breach occurred because Defendant failed to implement
adequate and reasonable cybersecurity procedures and protocols
necessary to protect Plaintiff's and Class Members' Private
Information from a foreseeable and preventable cyber-attack. The
Private Information compromised in the Data Breach was exfiltrated
by cyber criminals and remains in their possession, where it is
valuable to identity thieves.
The Defendant maintained, used, or shared Plaintiff's and Class
Members' Private Information in a negligent and/or reckless manner.
In particular, the Private Information was used, stored, and
transmitted by Defendant in a condition such that it was highly
vulnerable to cyberattacks. The Defendant disregarded the rights of
Plaintiff and Class Members by, among other things, intentionally,
willfully, recklessly, or negligently failing to implement adequate
and reasonable measures to protect its data systems against
unauthorized intrusions; failing to take standard and reasonably
available steps to prevent the Data Breach; and failing to provide
Plaintiff and Class Members prompt and accurate notice of the Data
Breach, says the complaint.
The Plaintiff received notice dated February 21, 2025 from
Defendant that his name and Social Security number were compromised
in the Data Breach
DISA is a Texas-based company specializing in providing employee
screening services, including drug and alcohol testing, background
checks, and occupational health screening, among other
services.[BN]
The Plaintiff is represented by:
Ashley L. McMillian, Esq.
SUSMAN GODFREY L.L.P.
1000 Louisiana Street, Suite 5100
Houston, TX 77002-5096
Phone: (713) 651-9366
Fax: (713) 654-6666
Email: amcmillian@susmangodfrey.com
- and -
Michael Gervais, Esq.
Krysta Pachman, Esq.
1900 Avenue of the Stars, Ste 1400
Los Angeles, CA 90067
Phone: (310) 789-3100
Fax: (310) 789-3150
Email: mgervais@susmangodfrey.com
kpachman@susmangodfrey.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
888 16th Street N.W., Suite 300
Washington, D.C. 20006
Phone: 202.540.7200
Email: jpizzirusso@hausfeld.com
- and -
Steven M. Nathan, Esq.
HAUSFELD LLP
33 Whitehall Street 14th Floor
New York, NY 10004
Phone: 646.357.1100
Email: snathan@hausfeld.com
DISA GLOBAL: Gibbons Sues Over Inadequately Protected Network
-------------------------------------------------------------
Deborah Gibbons, individually and on behalf of all others similarly
situated v. DISA GLOBAL SOLUTIONS, INC., Case No. 4:25-cv-01135
(S.D. Tex., March 10, 2025), is brought seeking to hold Defendant
responsible for the harms it caused Plaintiff and similarly
situated persons in the preventable data breach of Defendant's
inadequately protected computer network.
As part of its business, and in order to gain profits, the
Defendant obtained and stored the personal information of the
Plaintiff and Class members. By taking possession and control of
the Plaintiff's and Class members' personal information, the
Defendant assumed a duty to securely store and protect it. The
Defendant breached this duty and betrayed the trust of the
Plaintiff and Class members by failing to properly safeguard and
protect their personal information, thus enabling cybercriminals to
access, acquire, appropriate, compromise, disclose, encumber,
exfiltrate, release, steal, misuse, and/or view it.
The Defendant's misconduct – failing to implement adequate and
reasonable measures to protect the Plaintiff's and Class members'
Personal Information, failing to timely detect the Data Breach,
failing to take adequate steps to prevent and stop the Data Breach,
failing to disclose the material facts that it did not have
adequate security practices in place to safeguard the Personal
Information, and failing to provide timely and adequate notice of
the Data Breach – caused substantial harm and injuries to the
Plaintiff and Class members across the United States.
Due to the Defendant's negligence and failures, cyber criminals
obtained and now possess everything they need to commit personal
identity theft and wreak havoc on the financial and personal lives
of thousands of individuals, for decades to come. The Plaintiff
brings this class action lawsuit to hold Defendant responsible for
its grossly negligent--indeed, reckless--failure to use statutorily
required or reasonable industry cybersecurity measures to protect
Class members' Personal Information, says the complaint.
The Plaintiff received a notice letter from Defendant dated
February 21, 2025, informing her that her Personal Information was
specifically identified as having been exposed to cybercriminals in
the Data Breach.
The Defendant is a third-party administrator of employment
screening services, including drug and alcohol testing and
background checks.[BN]
The Plaintiff is represented by:
A. Brooke Murphy, Esq.
MURPHY LAW FIRM
4116 Will Rogers Pkwy, Suite 700
Oklahoma City, OK 73108
Phone: (405) 389-4989
Email: abm@murphylegalfirm.com
EAST BATON: George Suit Seeks to Certify Class of Tenants
---------------------------------------------------------
In the class action lawsuit captioned as LATORIA GEORGE, on behalf
of herself and all others similarly situated, v. STEVEN E. SANDERS,
in his official capacity as East Baton Rouge Parish Ward 3 District
2 Justice of the Peace, Case No. 3:25-cv-00168-JWD-EWD (M.D. La.),
the Plaintiff asks the Court to enter an order granting
certification of a Class, which is proposed to be defined as:
"All tenants who currently or will in the future be a
Defendant in an eviction proceeding before the Justice of the
Peace for Ward 3, District 2 in East Baton Rouge Parish,
Louisiana."
The Plaintiff contends proposed Class meets the class certification
requirements under Fed. R. Civ. P. 23(a), (b)(2), and (g). The
Plaintiff satisfies Rule 23(b)(2) because Defendant Sanders has
acted on grounds generally applicable to the proposed Class members
through the challenged policies, practices, and customs as set
forth under state law.
The Court does not need to analyze the individual circumstances of
the named Plaintiff or Class members to assess Defendant Sanders's
liability or the possible remedies. The Court can remedy the
ongoing violations of Plaintiff's constitutional rights through
class-wide declaratory relief. Accordingly, class certification is
the most appropriate, judicially efficient, and speedy vehicle to
make such determinations.
A copy of the Plaintiff's motion dated March 4, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=4GJUE4 at no extra
charge.[CC]
The Plaintiff is represented by:
Anjana Joshi, Esq.
Micah West, Esq.
Ellen Degnan, Esq.
Miriam Gutman, Esq.
SOUTHERN POVERTY LAW CENTER
201 St. Charles Ave., Suite 2000
New Orleans, LA 70170
Telephone: (504) 239-8685
E-mail: anjana.joshi@splcenter.org
micah.west@splcenter.org
ellen.degnan@splcenter.org
miriam.gutman@splcenter.org
- and -
William Patrick Quigley, Esq.
LOYOLA NEW ORLEANS COLLEGE OF LAW
7214 St. Charles Ave.
New Orleans, LA 70118
Telephone: (504) 710-3074
E-mail: quigley77@gmail.com
- and -
Hannah Adams, Esq.
NATIONAL HOUSING LAW PROJECT
90 New Montgomery St. Suite 1015
San Francisco, CA 94105
Telephone: (504) 321-3302
E-mail: hadams@nhlp.org
EQUIFAX INFORMATION: Class Cert Bid Filing Amended to Oct. 3
------------------------------------------------------------
In the class action lawsuit captioned as CHARMAYNE BRADBERRY,
individually and on behalf of all others similarly situated, v.
EQUIFAX INFORMATION SERVICES, LLC, Case No. 1:22-cv-04754-MLB-LTW
(N.D. Ga.), the Hon. Judge Linda Walker entered a sixth amended
scheduling order as follows:
Event Current Proposed
Deadline Deadline
Fact Discovery: March 4, 2025 June 3, 2025
Affirmative Expert Disclosures: Apr. 7, 2025 July 3, 2025
Plaintiff's Motion for Class July 1, 2025 Oct. 3, 2025
Certification
Defendant's Opposition to July 31, 2025 Nov. 4, 2025
Class Certification
Plaintiff's Reply in Support Sept. 2, 2025 Dec. 4, 2025
of Class Certification
Any Dispositive Motions: July 8, 2025 Oct. 7, 2025
All other provisions in the March 17, 2023 Scheduling Order and
Guidelines for Discovery and Summary Judgment Practice remain in
place.
Equifax offers financial, consumer and commercial data, and
analytical solutions.
A copy of the Court's order dated March 4, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ijY0tp at no extra
charge.[CC]
EVOLUTION METALS: Filing for Class Cert in Belz Bid Due April 3
---------------------------------------------------------------
In the class action lawsuit captioned as MARTIN S. BELZ, v.
EVOLUTION METALS CORP., et al., Case No. 9:24-cv-81414-DMM (S.D.
Fla.), the Hon. Judge William Matthewman entered a pretrial
scheduling order and order referring case to mediation:
1. Trial
This case is set for trial before U.S. District Judge
Middlebrooks at the United States District Court, 701
Clematis Street, Second Floor, Courtroom 7, West Palm Beach,
Florida, during the two-week trial period commencing Sept.
22, 2025, at 9:00 a.m.
2. Pretrial Schedule
The parties shall adhere to the following schedule, which
shall not be modified absent compelling circumstances. Any
motions to modify this schedule shall be directed to the
attention of U.S. District Judge Donald M. Middlebrooks.
March 12, 2025 Discovery Plan shall be filed.
March 20, 2025 Joinder of Additional Parties and Amend
Pleadings.
April 3, 2025 Any motions for class certification shall
be filed.
July 10, 2025 All discovery shall be completed.
July 24, 2025 All Pretrial Motions, including summary
judgment motions and Daubert motions, and
motions in limine shall be filed.
Evolution is a manufacturer of battery metals and rare earths.
A copy of the Court's order dated March 5, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3fQ0rB at no extra
charge.[CC]
FCA US: Fact Discovery in D'Angelo Suit Due May 19
--------------------------------------------------
In the class action lawsuit captioned as D'Angelo et al v. FCA US,
LLC, Case No. 3:23-cv-00982 (S.D. Cal., Filed May 30, 2023), the
Hon. Judge William Q. Hayes entered an order granting the parties'
joint oral motion to amend the scheduling order.
-- All fact discovery for Plaintiff's motion for class
certification shall be completed on or before May 19, 2025.
-- The Plaintiff(s) must file a motion for class certification on
or before June 20, 2025.
-- All other provisions and deadlines set forth in the Court's
Scheduling Order remain in effect.
The nature of suit states Civil Rights.
FCA US is an American automobile manufacturer that does business as
Stellantis North America. It is a subsidiary of the multinational
automotive company Stellantis.[CC]
FEMA: Rouselle Writ of Mandamus Petition Tossed
-----------------------------------------------
In the class action lawsuit captioned as ADAM ROUSSELLE, SR., v.
FEDERAL EMERGENCY MANAGEMENT AGENCY, et al., Case No.
1:24-cv-03198-LLA (D.D.C.), the Hon. Judge Loren Alikhan entered an
order Dismissing without prejudice the Plaintiff's Petition for a
Writ of Mandamus.
On Oct. 31, 2024, Adam Rousselle, Sr., filed a petition for a writ
of mandamus purportedly on behalf of the Caribbean Basin Power
Authority Corporation ("CBPA") against the Federal Emergency
Management Agency ("FEMA") and the Central Office for Recovery,
Reconstruction, and Resiliency ("COR3").
Mr. Rousselle alleged that the Defendants had improperly denied
CBPA's applications for public assistance and hazard mitigation
funding under the Stafford Disaster Relief and Emergency
Assistance Act, and the Bipartisan Budget Act.
The Court further entered an order that:
-- FEMA's Motion for an Extension of Time to Respond to the
Plaintiff's Petition for a Writ of Mandamus, is denied as
moot;
-- Plaintiff's Motion to Take Judicial Notice is denied as
moot;
-- Plaintiff's Motion to Amend Petition for a Writ of Mandamus
is denied as moot;
-- Plaintiff's Motion to Certify Class is denied as moot;
-- the Plaintiff's Motion for default judgment as to FEMA is
denied as moot;
-- FEMA's Motion for an Extension of Time to Respond to
Plaintiff's Motion to Certify Class, is denied as moot; and
-- the Plaintiff's Motion for Default Judgment as to COR3 is
denied as moot.
A copy of the Court's order dated March 5, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=4BR251 at no extra
charge.[CC]
FLOYD BONNER: Just City Seeks to Certify Rule 23 Class
------------------------------------------------------
In the class action lawsuit captioned as Just City, Inc., and class
representatives Deangelo Towns and Marshawn Barnes, on behalf of
themselves and all others similarly situated, v. Floyd Bonner Jr.,
Shelby County Sheriff; Lee Wilson, Presiding Shelby County General
Sessions Criminal Court Judge; and John Marshall, Robert Barber,
Rhonda Harris, Kevin Reed, Christopher Ingram, Shayla Purifoy, Ross
Sampson, Serena Gray, Terita Hewlett, Mischelle Best, Kenya Smith,
Zayid Saleem, Kathy Kirk Johnson, Leslie Mozingo, Shelby County
Judicial Commissioners, in their official capacities, Case No.
2:24-cv-02540-TLP-tmp (W.D. Tenn.), the Plaintiffs ask the Court
to:
1. Certifying the Class pursuant to Rule 23(b)(2), with the
following class definition:
"All people in the custody of the Shelby County Sheriff who
are detained under bail orders issued by Shelby County
judges pursuant to Tenn. Code Ann. section 40-11- 118(b), as
amended by HB 1719, without consideration of their ability
to pay; and
2. Designating class counsel.
A copy of the Plaintiffs' motion dated March 5, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=gnG7Kp at no extra
charge.[CC]
The Plaintiffs are represented by:
Trisha Trigilio, Esq.
Ashika Verriest, Esq.
Brandon Buskey, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
CRIMINAL LAW REFORM PROJECT
125 Broad Street, 17th Floor
New York, NY 10004
Telephone: (347) 302-2797
E-mail: trishat@aclu.org
averriest@aclu.org
bbuskey@aclu.org
- and -
Stella Yarbrough, Esq.
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION OF TENNESSEE
Nashville, TN 37212
Telephone: (615) 320-7142
E-mail: syarbrough@aclu-tn.org
- and -
Craig S. Waldman, Esq.
David Elbaum, Esq.
Jared Quigley, Esq.
SIMPSON THACHER & BARTLETT LLP
425 Lexington Avenue
New York, NY 10017
Telephone: (212) 455-2000
E-mail: cwaldman@stblaw.com
david.elbaum@stblaw.com
jared.quigley@stblaw.com
GETTYSBURG COLLEGE: Vigliano Seeks Prelim Approval of Settlement
----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL VIGLIANO, on
behalf of himself and all others similarly situated, v. GETTYSBURG
COLLEGE, Case No. 1:24-cv-00437-KMN (M.D. Pa.), the Plaintiff asks
the Court to enter an order under Federal Rule of Civil Procedure
23:
(1) Preliminarily approving the proposed Settlement on behalf
of the Settlement Class Members according to the terms of
the Stipulation of Settlement;
(2) Provisionally certifying, for purposes of the Settlement
only, the following Settlement Class:
"All undergraduate students enrolled at Gettysburg during
the Spring 2020 semester who satisfied their tuition
payment obligation and who were registered for at least
one in-person class during the Spring 2020 semester, and
excluding any student who received institutional grants
and/or scholarships from Gettysburg that fully-satisfied
their tuition obligation";
(3) Preliminarily appointing Named Plaintiff Michael Vigliano
as Settlement Class Representative;
(4) Preliminarily appointing Nicholas A. Colella of Lynch
Carpenter, LLP, and Michael A. Tompkins and Anthony M.
Alesandro of Leeds Brown Law, P.C. as Class Counsel to act
on behalf of the Settlement Class and the Settlement Class
Representative with respect to the Settlement;
(5) Approving the Parties' proposed settlement procedure,
including approving the Parties' selection of RG/2 Claims
Administration LLC as Settlement Administrator and
approving the Parties' proposed schedule;
(6) Entering the proposed Order Preliminarily Approving the
Proposed Settlement and Provisionally Certifying the
Proposed Settlement Class, attached as Exhibit A to the
Stipulation of Settlement, which is attached as Exhibit 1
to the Declaration of Nicholas A. Colella; and
(7) Granting such other and further relief as may be just and
appropriate.
Gettysburg College is a private liberal arts college in Gettysburg,
Pennsylvania.
A copy of the Plaintiff's motion dated March 4, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EbxlKl at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: NickC@lcllp.com
- and -
Michael A. Tompkins, Esq.
Anthony M. Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
GLOBAL ORANGE: Bower Appeals ADA Case Dismissal to 6th Cir.
-----------------------------------------------------------
LESLIE BOWER is taking an appeal from a court order denying her
motion for reconsideration in the lawsuit entitled Leslie Bower,
individually and on behalf of all others similarly situated,
Plaintiff, v. Global Orange Development LLC, Defendant, Case No.
1:24-cv-00631, in the U.S. District Court for the Western District
of Michigan.
As previously reported in the Class Action Reporter, the Plaintiff
filed a lawsuit against the Defendant for violation of the
Americans with Disabilities Act.
On Oct. 1, 2024, the Defendant filed a motion to dismiss for
failure to state a claim.
On Oct. 31, 2024, the Defendant filed a motion to strike the
Plaintiff's complaint.
On Dec. 9, 2024, the Defendant filed a motion for leave to file a
reply in support of its motion to strike.
On Dec. 16, 2024, Chief Judge Hala Y. Jarbou granted the
Defendant's motion to dismiss and denied as moot its motion to
strike and motion for leave to file a reply.
On Jan. 13, 2025, the Plaintiff filed a motion for reconsideration,
which Judge Jarbou denied on Feb. 5, 2025.
The appellate case is captioned Leslie Bower v. Global Orange
Development LLC, Case No. 25-1166, in the United States Court of
Appeals for the Sixth Circuit, filed on February 24, 2025. [BN]
Plaintiff-Appellant LESLIE BOWER, individually and on behalf of all
others similarly situated, is represented by:
Keith L. Gibson, Esq.
586 Duane Street, Suite 102
Glen Ellyn, IL 60137
Defendant-Appellee GLOBAL ORANGE DEVELOPEMENT LLC is represented
by:
Eric Samore, Esq.
SMITH AMUNDSEN
150 N. Michigan Avenue, Suite 3300
Chicago, IL 60601
Telephone: (312) 894-3200
GOOGLE INC: Filing for Class Cert Bid in Privacy Suit Due Nov. 8
----------------------------------------------------------------
In the class action lawsuit re Google RTB Consumer Privacy
Litigation, Case No. 4:21-cv-02155-YGR (N.D. Cal.), the Hon. Judge
Yvonne Gonzalez Rogers entered an order setting renewed class
certification motion and case schedule:
Event Current Case New Case
Schedule Schedule
Class Certification:
Motion: Nov. 8, 2024 Nov. 8, 2024
Opposition: Jan. 31, 2025 Jan. 31, 2025
Reply: Mar. 7, 2025 Apr. 11, 2025
Hearing: Mar. 28, 2025 TBD
Opening Expert: Apr. 18, 2025 May 23, 2025
Reports
Rebuttal Expert May 30, 2025 July 3, 2025
Reports
Close of Expert June 27, 2025 Aug. 1, 2025
Discovery
A copy of the Court's order dated March 4, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=haTiG0 at no extra
charge.[CC]
The Plaintiffs are represented by:
Elizabeth C. Pritzker, Esq.
Jonathan Levine, Esq.
Bethany Caracuzzo, Esq.
PRITZKER LEVINE LLP
1900 Powell Street, Suite 450
Emeryville, CA 94608
Telephone: (415) 692-0772
Facsimile: (415) 366-6110
E-mail: ecp@pritzkerlevine.com
jkl@pritzkerlevine.com
bc@pritzkerlevine.com
The Defendant is represented by:
Whitty Somvichian, Esq.
Aarti Reddy, Esq.
Reece Trevor, Esq.
COOLEY LLP
3 Embarcadero Center, 20th Floor
San Francisco, CA 94111-4004
Telephone: (415) 693-2000
Facsimile: (415) 693-2222
E-mail: wsomvichian@cooley.com
areddy@cooley.com
rtrevor@cooley.com
HOME DEPOT: Pre-Certification Fact Discovery in Oleski Due Oct. 6
-----------------------------------------------------------------
In the class action lawsuit captioned as MIKE OLESKI, et al, v. THE
HOME DEPOT, INC, et al., Case No. 3:24-cv-01964-KM (M.D. Pa.), the
Hon. Judge Karoline Mehalchick entered a case management order as
follows:
1. The following dates and deadlines shall govern the discovery
and dispositive motions phase of the above-captioned civil
action:
Joinder of Parties: May 6, 2025
Amendment of Pleadings: May 6, 2025
Pre-Certification Fact Discovery: Oct. 6, 2025
Dispositive Motions and Class Certification Motions and
Supporting Briefs: Dec. 12, 2025
Home Depot is a home improvement retailer.
A copy of the Court's order dated March 5, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=V4tJb3 at no extra
charge.[CC]
IROBOT CORP: Premca Appeals Securities Suit Dismissal to 1st Cir.
-----------------------------------------------------------------
PREMCA EXTRA INCOME FUND LP is taking an appeal from a court order
dismissing the lawsuit entitled Dylan Das, individually and on
behalf of all others similarly situated, Plaintiff, v. iRobot
Corporation, et al., Defendants, Case No. 1:24-cv-11158-WGY, in the
U.S. District Court for the District of Massachusetts.
As previously reported in the Class Action Reporter, the lawsuit,
which was transferred from the U.S. District Court for the District
of New Jersey to the U.S. District Court for the District of
Massachusetts, was brought against the Defendants for violation of
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and
Rule 10b-5.
On July 19, 2024, Dylan Das was terminated from the case, and the
new Lead Plaintiff, Premca Extra Income Fund LP, filed an amended
complaint, which the Defendants moved to dismiss on Sept. 3, 2024.
On Jan. 27, 2025, Judge William G. Young entered an Order
dismissing the case with prejudice. The Court concluded that
Premca's derivative section 20(a) claims fail because it did not
state any claims under section 10(b).
The appellate case is captioned Das v. iRobot Corporation, et al.,
Case No. 25-1192, in the United States Court of Appeals for the
First Circuit, filed on February 25, 2025. [BN]
Plaintiff-Appellant PREMCA EXTRA INCOME FUND LP, individually and
on behalf of all others similarly situated, is represented by:
J. Alexander Hood II, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Email: ahood@pomlaw.com
- and –
Jeremy A. Lieberman, Esq.
POMERANTZ LLP
600 Third Avenue, 20th Floor
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (212) 661-8665
Email: jalieberman@pomlaw.com
- and –
Joshua B. Silverman, Esq.
POMERANTZ LLP
10 South LaSalle, Suite 3505
Chicago, IL 60603
Telephone: (312) 377-1181
Email: jbsilverman@pomlaw.com
- and –
Christopher Tourek, Esq.
POMERANTZ LLP
10 S. LaSalle Street, Suite 3505
Chicago, IL 60606
Telephone: (312) 881-4845
Facsimile: (312) 377-1184
Email: ctourek@pomlaw.com
- and –
Emily C. Finestone, Esq.
POMERANTZ LLP
600 Third Avenue, Floor 20
New York, NY 10016
Telephone: (212) 661-1100
Email: efinestone@pomlaw.com
Defendants-Appellees IROBOT CORPORATION, et al. are represented
by:
James R. Carroll, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
500 Boylston Street
Boston, MA 02116
Telephone: (617) 573-4800
Facsimile: (617) 573-4822
Email: James.Carroll@skadden.com
- and –
Alisha Quintana Nanda, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
500 Boylston Street
Boston, MA 02116
Telephone: (617) 573-4800
Facsimile: (617) 573-4822
Email: Alisha.Nanda@skadden.com
- and –
Rene H. DuBois, Esq.
SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
500 Boylston Street
Boston, MA 02116
Telephone: (617) 573-4869
Email: rene.dubois@skadden.com
LYNDON SOUTHERN: Bellaire Suit Transferred to M.D. Florida
----------------------------------------------------------
The case captioned as Bellaire Multifamily Property Management LLC,
on behalf of itself and all others similarly situated v. LYNDON
SOUTHERN INSURANCE COMPANY; THE FORTEGRA GROUP, INC.; RESPONSE
INDEMNITY COMPANY OF CALIFORNIA; INSURANCE COMPANY OF THE SOUTH;
BLUE RIDGE INDEMNITY COMPANY; and LOTSOLUTIONS, INC.,, Case No.
9:24-cv-80820 was transferred from the U.S. District Court for the
Southern District of Florida, to the U.S. District Court for the
Middle District of Florida on March 5, 2025.
The District Court Clerk assigned Case No. 3:25-cv-00244-MMH-PDB to
the proceeding.
The nature of suit is stated as Insurance for Contract Dispute.
Lyndon Southern -- https://www.fortegra.com/lyndon-southern --
provides insurance for credit and specialty programs, automotive
and consumer goods warranty and service contracts.[BN]
The Plaintiffs are represented by:
Sarah Jaffe Glasser, Esq.
FREIDIN BROWN P.A.
2 S. Biscayne Blvd., Suite 3100
Miami, FL 33131
Phone: (305) 371-3666
Email: sg@freidinbrown.com
- and -
Barry R. Himmelstein, Esq.
HIMMELSTEIN LAW NETWORK
2000 Powell St. Suite 1605
Emeryville, CA 94608
Phone: (510) 450-0782
- and -
Jonathan Edward Freidin, Esq.
FREIDIN BROWN, P.A.
2 S. Biscayne Blvd., Suite 3100
Miami, FL 33131
Phone: (305) 371-3666
Email: jf@fblawyers.net
The Defendants are represented by:
Emily Carson Burke, Esq.
MAYNARD COOPER & GALE
1901 6th Ave. N., Suite 1700
Birmingham, AL 35203
Phone: (205) 254-1046
MARSHALLS OF CA: Lacour Appeals Ruling Confirming Arbitration Award
-------------------------------------------------------------------
ROBERT LACOUR is taking an appeal from a court order granting a
petition to confirm arbitration award in the lawsuit entitled
Robert Lacour, individually and on behalf of all others similarly
situated, Plaintiff, v. Marshalls of CA, LLC, et al., Defendants,
Case No. 3:20-cv-07641-WHO, in the U.S. District Court for the
Northern District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from Superior Court of the State of California
for the County of Alameda to the U.S. District Court for the
Northern District of California, was brought against the Defendants
for violations of the California Labor Code and the California
Business and Professions Code.
On Jan. 13, 2025, the Defendants filed a motion to confirm
arbitration award, which Judge William H. Orrick granted on Jan.
24, 2025.
The appellate case is captioned Lacour v. Marshalls of CA, LLC, et
al., Case No. 25-1156, in the United States Court of Appeals for
the Ninth Circuit, filed on February 24, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on March 3,
2025;
-- Appellant's Appeal Opening Brief is due on April 7, 2025;
and
-- Appellee's Appeal Answering Brief is due on May 5, 2025.
[BN]
Plaintiff-Appellant ROBERT LACOUR, individually and on behalf of
all others similarly situated, is represented by:
Chaim Shaun Setareh, Esq.
LAW OFFICE OF SHAUN SETAREH
420 N. Camden Drive
Beverly Hills, CA 90210
- and –
Farrah Grant, Esq.
Thomas Alistair Segal, Esq.
SETAREH LAW GROUP
420 N. Camden Drive
Beverly Hills, CA 90210
Defendants-Appellees MARSHALLS OF CA, LLC, et al. are represented
by:
Amy Todd-Gher, Esq.
JACKSON LEWIS, PC
225 Broadway, Suite 1800
San Diego, CA 92101
- and –
Bradley Ethan Schwan, Esq.
LITTLER MENDELSON, P.C.
2001 Ross Avenue, Suite 1500
Dallas, TX 75201
- and –
Denise Tran-Nguyen, Esq.
LITTLER MENDELSON, PC
501 W. Broadway, Suite 900
San Diego, CA 92101
- and –
John Kevin Lilly, Esq.
LITTLER MENDELSON, PC
2049 Century Park East, 5th Floor
Los Angeles, CA 90067
MDL 2873: AFFF Contains Toxic PFAS, Dunlap Class Suit Alleges
-------------------------------------------------------------
JEFFREY DUNLAP v. AGC CHEMICALS AMERICAS INC, Case No.
2:25-cv-00612-RMG (D.S.C., Feb. 2, 2025) is a class action seeking
for damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during their working career as a military and/or civilian
firefighter. The Plaintiff was diagnosed with thyroid disease and
other injuries, as a result of exposure to Defendants’ AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS-containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.
AGC is a wholly owned subsidiary of AGC Inc., a multinational
corporation which manufacturers glass, electronic displays and
chemical products. AGC manufactures, markets and sells
fluoroproducts including Fluon (TM) fluoropolymer.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.
The Defendants include ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS
INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC,
LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS
& SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCOFIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC.; and 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company.[BN]
The Plaintiff is represented by:
Eric W. Cracken, Esq.
Steven D. Davis, Esq.
TORHOERMAN LAW, LLC
210 S. Main Street
Edwardsville, IL 62025
Telephone: (618) 656-4400
Facsimile: (618) 656-4401
MDL 2873: AFFF Contains Toxic PFAS, Foley Class Suit Alleges
------------------------------------------------------------
CHARLES FOLEY v. AGC CHEMICALS AMERICAS INC, Case No.
2:25-cv-00613-RMG (D.S.C., Feb. 2, 2025) is a class action seeking
for damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during their working career as a military and/or civilian
firefighter. The Plaintiff was diagnosed with thyroid disease and
other injuries, as a result of exposure to Defendants’ AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS-containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.
AGC is a wholly owned subsidiary of AGC Inc., a multinational
corporation which manufacturers glass, electronic displays and
chemical products. AGC manufactures, markets and sells
fluoroproducts including Fluon (TM) fluoropolymer.
The Defendants include ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS
INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC,
LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS
& SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCOFIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC.; and 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Eric W. Cracken, Esq.
Steven D. Davis, Esq.
TORHOERMAN LAW, LLC
210 S. Main Street
Edwardsville, IL 62025
Telephone: (618) 656-4400
Facsimile: (618) 656-4401
MDL 2873: AFFF Contains Toxic PFAS, Gardner Class Suit Alleges
--------------------------------------------------------------
MELJOELYN GARDNER v. AGC CHEMICALS AMERICAS INC, Case No.
2:25-cv-00611-RMG (D.S.C., Feb. 2, 2025) is a class action seeking
for damages for personal injury resulting from exposure to aqueous
film-forming foams (AFFF) and firefighter turnout gear (TOG)
containing the toxic chemicals collectively known as per and
polyfluoroalkyl substances (PFAS).
The Defendants collectively designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold, and/or otherwise released
into the stream of commerce AFFF or TOG with knowledge that it
contained highly toxic and bio persistent PFAS, which would expose
end users of the product to the risks associated with PFAS, the
Plaintiff contends.
Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF or
TOG which contained PFAS for use in firefighting.
PFAS are highly toxic and carcinogenic chemicals. PFAS binds to
proteins in the blood of humans exposed to the material and remains
and persists over long periods of time. Due to their unique
chemical structure, PFAS accumulates in the blood and body of
exposed individuals.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF or TOG products at various locations during the course of the
Plaintiff's training and firefighting activities.
The Plaintiff contends that he regularly used, and was thereby
directly exposed to, AFFF and TOG in training and to extinguish
fires during their working career as a military and/or civilian
firefighter. The Plaintiff was diagnosed with thyroid disease and
other injuries, as a result of exposure to Defendants’ AFFF or
TOG products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors, and sellers of
PFAS-containing AFFF products or underlying PFAS containing
chemicals used in AFFF production.
AGC is a wholly owned subsidiary of AGC Inc., a multinational
corporation which manufacturers glass, electronic displays and
chemical products. AGC manufactures, markets and sells
fluoroproducts including Fluon (TM) fluoropolymer.
The Defendants include ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BUCKEYE FIRE EQUIPMENT COMPANY;
CARRIER GLOBAL CORPORATION; CB GARMENT, INC.; CHEMDESIGN PRODUCTS
INC.; CHEMGUARD INC.; CHEMICALS INCORPORATED; CHEMOURS COMPANY FC,
LLC; CHUBB FIRE LTD.; CLARIANT CORPORATION; CORTEVA, INC.; DAIKIN
AMERICA, INC.; DEEPWATER CHEMICALS INC.; DUPONT DE NEMOURS, INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; FIRE-DEX, LLC; FIRE SERVICE PLUS, INC.; GLOBE
MANUFACTURING COMPANY LLC; HONEYWELL SAFETY PRODUCTS USA, INC.;
INNOTEX CORP.; JOHNSON CONTROLS, INC.; KIDDE PLC, INC.; L.N. CURTIS
& SONS; LION GROUP, INC.; MILLIKEN & COMPANY; MINE SAFETY
APPLIANCES COMPANY, LLC; MUNICIPAL EMERGENCY SERVICES, INC.; NATION
FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; PBI PERFORMANCE
PRODUCTS, INC.; PERIMETER SOLUTIONS, LP; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCOFIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORP., INC.
(f/k/a GE Interlogix, Inc.); VERIDIAN LIMITED; W.L. GORE &
ASSOCIATES INC.; WITMER PUBLIC SAFETY GROUP, INC.; and 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company.
3M manufactured, marketed, and sold AFFF from the 1960s to the
early 2000s.[BN]
The Plaintiff is represented by:
Eric W. Cracken, Esq.
Steven D. Davis, Esq.
TORHOERMAN LAW, LLC
210 S. Main Street
Edwardsville, IL 62025
Telephone: (618) 656-4400
Facsimile: (618) 656-4401
NCH HEALTHCARE: Bid for Class Cert in McFalls Suit Partly OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as LAUREN MCFALLS,
individually, and on behalf of all others similarly situated and
the Proposed Rule 23 Class, v. NCH HEALTHCARE SYSTEM, INC. and
NAPLES COMMUNITY HOSPITAL, INC., Case No. 2:23-cv-00572-SPC-KCD
(M.D. Fla.), the Hon. Judge Sheri Polster Chappell entered an order
as follows:
1. Judge Dudek's Report and Recommendation is accepted and
adopted, and the findings incorporated herein.
2. The Plaintiff's motion for class certification is granted in
part and denied in part:
a. The Plaintiff's request to certify a class under FDUTPA
of "[a]ll nurses who are or were subject to NCH's
Specialty Fellowship Program Employment Agreement and the
training repayment provisions therein at any point from
July 31, 2019, through" the date of certification is
granted;
b. The Plaintiff's request to certify the same class under
Florida's Declaratory Judgment Act is denied;
c. The Court appoints Nichols Kaster, PLLP, Towards Justice,
and Varnell & Warwick as class counsel to represent the
certified class; and
d. The Plaintiff's motion is denied to the extent it seeks
any further relief.
3. On or before March 12, 2025, the Plaintiff must file a new
notice consistent with the final class as certified.
NCH is a nonprofit multi-facility healthcare system located in
Naples, Florida.
A copy of the Court's opinion and order dated March 5, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=ozpnwo
at no extra charge.[CC]
NEW ROCHELLE, NY: Fishman Files 2nd Circuit Appeal
--------------------------------------------------
MARC H. FISHMAN has filed an appeal in his lawsuit entitled Marc H.
Fishman, individually and on behalf of all others similarly
situated, Plaintiff, v. City of New Rochelle, et al., Defendants,
Case No. 7:19-cv-265, in the U.S. District Court for the Southern
District of New York.
The case type is stated as Civil, Private.
The appellate case is captioned Fishman v. City of New Rochelle, et
al., Case No. 25-423, in the United States Court of Appeals for the
Second Circuit, filed on February 24, 2025. [BN]
Plaintiff-Appellant MARC H. FISHMAN, individually and on behalf of
all others similarly situated, appears pro se.
OAK HARBOR: Levitt Files Employment Suit in Calif. Super.
---------------------------------------------------------
A class action lawsuit has been filed against Oak Harbor Freight
Lines, Inc., et al. The case is captioned as SIDNEY JOHN LEVITT,
individually and on behalf of all others similarly situated, v. OAK
HARBOR FREIGHT LINES, INC., et al., Case No. 25CV002981 (Cal.
Super., Sacramento Cty., February 5, 2025).
The suit is brought over the Defendants' alleged employment
violation.
A case management conference is set for March 20, 2025.
Oak Harbor Freight Lines, Inc. is a provider of transportation
services, doing business in California. [BN]
The Plaintiff is represented by:
David D. Bibiyan, Esq.
BIBIYAN LAW GROUP, PC
1460 Westwood Blvd., Ste. 300
Los Angeles, CA 90024
Telephone: (310) 438-5555
Facsimile: (310) 300-1705
Email: david@tomorrowlaw.com
PROGRESSIVE SPECIALTY: Ford Bid for Class Certification Tossed
--------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL J. FORD, v.
PROGRESSIVE SPECIALTY INSURANCE COMPANY, Case No. 2:21-cv-04147-JHS
(E.D. Pa.), the Hon. Judge Joel H. Slomsky entered an order denying
the Plaintiff's motion for class certification.
Progressive Specialty offers property, casualty, life, and health
insurance services.
A copy of the Court's order dated March 5, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3Vqqed at no extra
charge.[CC]
PROGRESSIVE SPECIALTY: Judge to Deny Ford Class Cert Bid
--------------------------------------------------------
In the class action lawsuit captioned as MICHAEL J. FORD,
individually and on behalf of a class of similarly situated
persons, v. PROGRESSIVE SPECIALTY INSURANCE COMPANY, Case No.
2:21-cv-04147-JHS (E.D. Pa.), the Hon. Judge Slomsky will deny the
Plaintiff's motion for class certification.
Because there are several factual and legal variables that make the
application of the insurance contract at issue here not conform to
a clear or uniform analysis in each case, and because universal
issues of law and fact do not necessarily apply to all potential
members, these factors weigh against certification. Furthermore,
the Plaintiff has not demonstrated that certification of this issue
class would be more efficient than the 8 remaining potential
members proceeding individually on both liability and damages.
On balance, the Gates factors weigh in favor of denying class
certification on the issue of liability.
On Jan. 16, 2024, the Plaintiff filed a Motion for Class
Certification. To support his contention that numerous plaintiffs
should be part of the class, the Plaintiff attached declarations
from Plaintiff's counsel showing the methodology used to identify
98 class members.
On Jan. 3, 2025, Defendant filed a supplemental memorandum in
opposition to the Plaintiff's motion for class certification.
The Plaintiff defines the class as:
"All individuals who are named insureds or insureds under
policies issued in Pennsylvania by Progressive Insurance
Specialty Company, who were injured in motor vehicle accidents
as a result of the negligence of an uninsured [motorist]
("UM") or an underinsured motorist ("UIM") but who were denied
uninsured and/or underinsured motorist benefits by reason of:
(a) the unstacked coverage provided by the Policy; and/or (b)
the [household/regular-use] exclusion."
Progressive Specialty offers property, casualty, life, and health
insurance services.
A copy of the Court's opinion dated March 5, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XPnrxp at no extra
charge.[CC]
SAINT PAUL, MN: Bollom Files Suit in Minn. 2nd Judicial Dist.
-------------------------------------------------------------
A class action lawsuit has been filed against City of Saint Paul,
et al. The case is styled as Patrick Bollom, on behalf of himself
and all others similarly situated v. City of Saint Paul, Angie
Wiese in her official capacity as the Director of Safety and
Inspections; James Williamette, in his official capacity as Plan
Review Supervisor for the City of Saint Paul, Case No.
62-CV-25-1512 (Cal. Super. Ct., San Francisco Cty., March 5,
2025).
The case type is stated as "Civil Other/Misc.."
Saint Paul -- https://www.stpaul.gov/ -- the state capital of
Minnesota, forms the "Twin Cities" with neighboring
Minneapolis.[BN]
SEPHORA USA: Camp Appeals Suit Dismissal to 9th Cir.
----------------------------------------------------
LINDA CAMP is taking an appeal from a court order dismissing her
lawsuit entitled Linda Camp, individually and on behalf of all
others similarly situated, Plaintiff, v. Sephora USA, Inc.,
Defendant, Case No. 3:24-cv-07330-TLT, in the U.S. District Court
for the Northern District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Superior Court of California for the
County of San Francisco to the United States District Court for the
Northern District of California, is brought against the Defendant
for violation of Arizona's Telephone, Utility and Communication
Service Records Act.
On Dec. 9, 2024, the Defendant filed a motion to dismiss, which
Judge Trina L. Thompson granted on Jan. 24, 2025. Judgment was
entered in favor of the Defendant.
The appellate case is captioned Camp v. Sephora USA, Inc., Case No.
25-1185, in the United States Court of Appeals for the Ninth
Circuit, filed on February 25, 2025.
The briefing schedule in the Appellate Case states that:
-- Appellant's Mediation Questionnaire was due on March 3,
2025;
-- Appellant's Appeal Opening Brief is due on April 7, 2025;
and
-- Appellee's Appeal Answering Brief is due on May 7, 2025.
[BN]
Plaintiff-Appellant LINDA CAMP, individually and on behalf of all
others similarly situated, is represented by:
L. Timothy Fisher, Esq.
BURSOR & FISHER, PA
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Defendant-Appellee SEPHORA USA, INC. is represented by:
P. Craig Cardon, Esq.
Benjamin O. Aigboboh, Esq.
Patrick David Rubalcava, IV, Esq.
SHEPPARD MULLIN RICHTER & HAMPTON, LLP
333 S. Hope Street, Suite 1600, 43rd Floor
Los Angeles, CA 90071
SOUTHERN TIRE: Appeals Arbitration Bid Denial in Ruiz Labor Suit
----------------------------------------------------------------
SOUTHERN TIRE MART, LLC, et al. are taking an appeal from a court
order denying its motion to compel arbitration in the lawsuit
entitled Joey Ruiz, on behalf of himself and all others similarly
situated, Plaintiff, v. Southern Tire Mart, LLC, et al.,
Defendants, Case No. 2:24-cv-03429-SPG-E, in the U.S. District
Court for the Central District of California.
As previously reported in the Class Action Reporter, the lawsuit,
which was removed from the Superior Court of the State of
California for the County of Los Angeles to the United States
District Court for the Central District of California, is brought
against the Defendants for violations of California Labor Code and
California Business and Professions Code.
On Nov. 18, 2024, the Defendants filed a motion to compel
arbitration, which Judge Sherilyn Peace Garnett denied on Jan. 22,
2025.
The appellate case is captioned Ruiz v. Southern Tire Mart, LLC, et
al., Case No. 25-1165, in the United States Court of Appeals for
the Ninth Circuit, filed on February 24, 2025. [BN]
Plaintiff-Appellee JOEY RUIZ, individually and on behalf of all
others similarly situated, is represented by:
Jonathan M. Genish, Esq.
BLACKSTONE LAW, PC
8383 Wilshire Boulevard, Suite 745
Beverly Hills, CA 90211
Defendants-Appellants SOUTHERN TIRE MART, LLC, et al. are
represented by:
Ryan Lee Eddings, Esq.
Andrew Woo, Esq.
LITTLER MENDELSON, PC
5200 N. Palm Avenue, Suite 302
Fresno, CA 93704
STATE OF MICHIGAN: Files Appeal in Hathon Class Action
------------------------------------------------------
The STATE OF MICHIGAN has filed an appeal in the lawsuit entitled
Lynette Hathon, individually and on behalf of all others similarly
situated, Plaintiff, v. State of Michigan, Defendant, in Michigan's
Court of Claims.
The appellate case is captioned Lynette Hathon vs. State of
Michigan, Case No. 374332, in the Michigan Court of Appeals, filed
on February 5, 2025. [BN]
Plaintiff-Appellee LYNETTE HATHON, individually and on behalf of
all others similarly situated, is represented by:
Philip L. Ellison, Esq.
OUTSIDE LEGAL COUNSEL PLC
Post Office Box 107
Hemlock, MI 48626
- and –
Matthew E. Gronda, Esq.
4800 Fashion Square Boulevard, Suite 200
Saginaw, MI 48604
Telephone: (989) 233-1639
- and –
E. Powell Miller, Esq.
MILLER LAW
950 W. University Dr. Suite 300
Rochester, MI 48307
Telephone: (248) 558-2080
Facsimile: (248) 652-2852
SUPERIOR INDUSTRIAL: White Sues to Recover Unpaid Overtime
----------------------------------------------------------
Kevin D. White, Phillip Prewitt, Tyler Wix, Jesse Brooks, Rickie
Pulley and Bryar Bickel, individually, and on behalf of themselves
and other similarly situated current and former employees v.
SUPERIOR INDUSTRIAL PRODUCTS, LLC and CODY SMITH, Individually,
Case No. 3:25-cv-00263 (M.D. Tenn., March 5, 2025), is brought
under Fair Labor Standards Act ("FLSA") to recover unpaid overtime
compensation owed to Plaintiffs.
The Defendants violated the FLSA by failing to pay Plaintiffs and
those similarly situated for all hours worked over 40 per week
within weekly pay periods at one and one-half times their regular
hourly pay rates, as required by the FLSA. The Defendants have had
a timekeeping system to record the compensable work hours of
Plaintiffs and those similarly situated during all times material
herein. However, Defendants had a common policy and practice of
refusing to pay Plaintiffs and those similarly situated overtime
compensation for hours worked over 40 per week within weekly pay
periods during all times material to this lawsuit, says the
complaint.
The Plaintiffs were employed by Defendants as hourly-paid
technicians.
Superior Industrial Products, LLC provides material handling
equipment for small businesses, construction sites, etc.[BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
J. Joseph Leatherwood, Esq.
Joshua Autry, Esq.
JACKSON, SHIELDS, YEISER, HOLT, OWEN AND BRYANT
262 German Oak Drive
Memphis, TN 38018
Phone: (901) 754-8001
Facsimile: (901) 754-8524
Email: gjackson@jsyc.com
rbryant@jsyc.com
jleatherwood@jsyc.com
jautry@jsyc.com
TRUITT OILFIELD: Carias-Paredes Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Truitt Oilfield
Maintenance Corporation. The case is styled as Angel Carias-Paredes
and Alec De Oilers, on behalf of other similarly situated v. Truitt
Oilfield Maintenance Corporation, Case No. BCV-25-100788 (Cal.
Super. Ct., Kern Cty., March 5, 2025).
The case type is stated as "Other Employment - Civil Unlimited."
Truitt Oilfield Maintenance Corporation -- https://truittcorp.com/
-- was founded in 2002. The Company's line of business includes
providing oil and gas services.[BN]
The Plaintiffs are represented by:
Jonathan M. Genish, Esq.
BLACKSTONE LAW
8383 Wilshire Blvd., Ste. 745
Beverly Hills, CA 90211-2442
Phone: 855-786-6355
Fax: 855-786-6356
Email: jgenish@blackstonepc.com
- and -
Ryan A. Quadrel, Esq.
Schneider Wallace Cottrell Konecky LLP
300 S Grand Ave., Ste. 2700
Los Angeles, CA 90071-3165
Phone: 213-835-1550
Fax: 415-421-7105
Email: rquadrel@schneiderwallace.com
TYCON MEDICAL: Bullock Must File Consolidated Complaint by April 7
------------------------------------------------------------------
In the class action lawsuit captioned as APRIL BULLOCK, on behalf
of herself and all others similarly situated, v. TYCON MEDICAL
SYSTEMS, INC., Case No. 2:25-cv-00021-JKW-LRL (E.D. Va.), the Hon.
Judge Jamar Walker entered an order granting in part, as to
consolidation and appointment of the proposed interim co-lead class
and liaison counsel, and denying in part, as to appointment of the
proposed plaintiffs' executive committee.
-- Leanna A. Loginov of Shamis & Gentile, P.A., and Courtney
Maccarone of Levi & Korsinsky are appointed as Interim Co-Lead
Class Counsel, and David Hilton Wise of the Wise Law Firm PLC
is appointed as Liaison Counsel.
-- The plaintiffs are ordered to file an amended, consolidated
complaint by Monday, April 7, 2025.
-- The defendant is ordered to answer or otherwise respond to the
amended complaint within the timeframe articulated by the
Federal Rules of Civil Procedure.
-- The defendant is relieved of its obligation to respond to the
individual complaints filed in the above-captioned cases.
Because the cases are in their early stages, the risks of prejudice
and possible confusion are low. The Court will save time and
resources for everyone involved by adjudicating one suit rather
than the multiple filed and potential future suits. No putative
class members oppose consolidation or assert any burdens or
expenses caused by consolidating.4 Thus, the Court finds that
consolidating the above-captioned cases is warranted.
On Jan. 9, 2025, the Plaintiff filed a class action complaint
against the Defendant alleging that Tycon failed to properly secure
and safeguard against a data breach impacting approximately 112,847
individuals.
Tycon is a medical equipment company, specializing in items such as
custom power wheelchairs, home medical equipment, and CPAP therapy
for sleep apnea.
A copy of the Court's opinion and order dated March 6, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=Ud1H1N
at no extra charge.[CC]
UNITED LAUNCH: Bondeson Suit Transferred to D. Colorado
-------------------------------------------------------
The case captioned as Joshua Bondeson, Zachary Breland, Sherrie
Maine, Ricky Mason, Jaime McCormick, Michael Norwood, Philip
Vandiver, Christopher Byrd, Benjamin Eastman, Cory Kannegieter,
Shawn Laabs, Emily Padilla, Richard Mack, Skyler Bunce, Doug
Vonfeldt, Brian Weden, and Matthew Bigelow, individually and on
behalf of the Religious Class and all others similarly situated v.
UNITED LAUNCH ALLIANCE, LLC, Case No. 5:24-cv-00671 was transferred
from the U.S. District Court for the Northern District of Alabama,
to the U.S. District Court for the District of Colorado on March 5,
2025.
The District Court Clerk assigned Case No. 1:25-cv-00709-DDD-STV to
the proceeding.
The nature of suit is stated as Jobs Civil Rights for Job
Discrimination (Employment).
United Launch Alliance, LLC -- https://www.ulalaunch.com/ -- is an
American launch service provider formed in December 2006 as a joint
venture between Lockheed Martin Space and Boeing Defense, Space &
Security.[BN]
The Plaintiffs are represented by:
Caleb N. Byrd, Esq.
R. DAVIS YOUNTS, LLC
Post Office Box 18591
Huntsville, AL 35804
Phone: 256-701-8929
Email: caleb@yountslaw.com
- and -
Walker D. Moller, Esq.
SIRI & GLIMSTAD LLP
1005 Congress Avenue, Suite 925-C36
Austin, TX 78701
Phone: (512) 265-5622
Facsimile: (646) 417-5967
Email: wmoller@sirillp.com
- and -
Jack R. Spitz, Esq.
SIRI & GLIMSTAD LLP
8 Campus Drive, Suite 105 PMB#161
Parsippany, New Jersey 07054
Phone: 212-532-1091
Facsimile: 646-417-5967
Email: jspitz@sirillp.com
- and -
Steve C. Thornton, Esq.
Post Office Box 16465
Jackson, Mississippi 39236
Phone: (601) 982-0313
Email: mail@lawlives.com
- and -
R. Davis Younts, Esq.
R. DAVIS YOUNTS, LLC
26 North 9th Street
Lemoyne, PA 17043
Phone: 833-739-5291
Email: davis@yountslaw.com
XTO ENERGY: Appeals Arbitration Bid Denial in Salvatora Suit
------------------------------------------------------------
XTO ENERGY INC. is taking an appeal from court orders in the
lawsuit entitled Roger A. Salvatora, et al., on behalf of
themselves and all others similarly situated, Plaintiffs, v. XTO
Energy Inc., Defendant, Case No. 2:19-cv-01097, in the U.S.
District Court for the Western District of Pennsylvania.
As previously reported in the Class Action Reporter, the Plaintiffs
filed a class action against XTO on Aug. 29, 2019, after the
settlement in the lawsuit captioned Marburger v. XTO Energy, Inc.,
Case No. 2:15-cv-910. They allege XTO has been taking unreasonably
high deductions from royalty payments for processing and gathering
gas after the Marburger action settled. The Plaintiffs claim that
XTO contracts with an affiliate company instead of a third party to
gather and process gas. In doing so, the affiliate charges higher
costs than a third-party would charge, and the Plaintiffs claim
that these costs are deducted from their royalties. Accordingly,
they now seek to recover the excessive charges.
On March 29, 2024, XTO filed a motion to compel arbitration, which
Magistrate Judge Christopher B. Brown denied on Dec. 16, 2024. The
Court found that to the extent that XTO intends to raise the
arbitration defense post-certification, a motion may be made to
amend the class definition to exclude such members after the
expiration of the opt-out period to enable the Court to determine
the class composition and analyze the specific arbitration
agreements that XTO wishes to enforce. This finding does not
address whether XTO could have raised the arbitration issue sooner,
and the Court declined to make any direct ruling as to the waiver
of the right to arbitrate. Even setting aside XTO's litigation
efforts from the time it first raised arbitration at the class
certification stage in April 2022 until it filed its formal motion
to compel arbitration in March 2024, this does not undo the years
of extensive litigation XTO engaged in prior to 2022 when it did
not mention any intention to arbitrate. Considering the context and
circumstances of this case and XTO's actions, it has waived its
right to compel arbitration, ruled the Court.
On Dec. 30, 2024, XTO filed objections to the Arbitration Order,
which Judge William S. Stickman overruled on Jan. 27, 2025.
The appellate case is captioned Roger Salvatora, et al. v. XTO
Energy Inc., Case No. 25-1327, in the United States Court of
Appeals for the Third Circuit, filed on February 25, 2025. [BN]
Plaintiffs-Appellees ROGER A. SALVATORA, et al., individually and
on behalf of all others similarly situated, are represented by:
David A. Borkovic, Esq.
JONES GREGG CREEHAN & GERACE
20 Stanwix Street, Suite 1100
Pittsburgh, PA 15222
Telephone: (412) 261-6400
Defendant-Appellant XTO ENERGY INC. is represented by:
Nicolle R. Bagnell, Esq.
Justin H. Werner, Esq.
Colin E. Wrabley, Esq.
REED SMITH
225 Fifth Avenue, Suite 1200
Pittsburgh, PA 15222
Telephone: (412) 288-7112
(412) 288-3838
(412) 288-3548
- and –
David R. Fine, Esq.
K&L GATES
17 N. Second Street, 18th Floor
Harrisburg, PA 17101
Telephone: (717) 231-5820
- and –
Elizabeth Tiblets, Esq.
K&L GATES
301 Commerce Street, Suite 3000
Fort Worth, TX 76102
Telephone: (817) 347-5270
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
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