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C L A S S A C T I O N R E P O R T E R
Wednesday, April 9, 2025, Vol. 27, No. 71
Headlines
2191 NIAGARA: Bid to Dismiss Davis Suit Tossed w/o Prejudice
3M COMPANY: Eubaire Files Suit in D. South Carolina
3M COMPANY: Gower Files Suit in D. South Carolina
3M COMPANY: Grider Sues Over Exposure to Toxic Foams & Chemicals
3M COMPANY: Hyde Files Suit in D. South Carolina
3M COMPANY: Irwin Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Landenberg Files Suit in D. South Carolina
3M COMPANY: Langille Files Suit in D. South Carolina
3M COMPANY: Millwood Files Suit in D. South Carolina
3M COMPANY: Morman Files Suit in D. South Carolina
3M COMPANY: Mutter Sues Over Exposure to Toxic Film-Forming Foams
3M COMPANY: Papa Files Suit in D. South Carolina
3M COMPANY: Perrodin Sues Over Exposure to Toxic Chemicals
AANIIIH NAKODA: Wood Balks at Non-Tribal Lenders' Unlawful Loans
ACACIA NETWORK: Statewide Collective Action Conditionally Certified
ACTINIUM PHARMACEUTICALS: Intends to Defend NY Securities Suit
ACX PACIFIC: Settlement in Rojas-Cifuentes Suit Gets Initial Nod
AKIMA GLOBAL: Loses Summary Judgment v. Yeend
ALL-WAYS FORWARDING: Court Certifies Settlement Class in Ying
ALN MEDICAL MANAGEMENT: Judka Files Suit in D. Nebraska
ALN MEDICAL MANAGEMENT: Peck Files Suit in D. Nebraska
AMENTUM SERVICES: Filing for Class Cert. Bid Due March 8, 2027
ATHENA BITCOIN: Seeks Oral Argument in Jackson Class Suit
AVANT HEALTHCARE: Haviland Sues Over Unlawful Collection and Data
BAY COVE HUMAN: Holmes Sues Over Failure to Safeguard PII
BETTER TAX RELIEF: Kutom Files TCPA Suit in N.D. Illinois
BG CALIFORNIA: Zelaya Labor Suit Removed to S.D. Cal.
BIOLINERX LTD: Tel Aviv Court Junks "Peete" Securities Suit
BMW OF NORTH AMERICA: Court Narrows Claims in Armstrong Suit
BRADLEY UNIVERSITY: Wins Summary Judgment Bid v. Eddlemon
BROADWAY GOURMET: Guzman Sues Over Unpaid Minimum, Overtime Wages
BUILD REALTY: Class Settlement in Compound Suit Gets Initial Nod
CHUNG LEE: Loses Bid for Summary Judgment v. Knight
CLIPPER REALTY: Sanchez Seeks More Time to File Class Cert. Bid
COLORADO CHRISTIAN: Herrera Sues Over Blind-Inaccessible Website
COMMUNITY HEALTH CENTER: Dallape Suit Removed to D. Connecticut
DAVID DINELLO: Loses Summary Judgment Bid v. Dockery
DELTA DENTAL: Weiler Privacy Suit Removed to N.D. Cal.
DREXEL BUILDING: Final Certification of Collective Action Sought
EAGLE FAMILY: Court Remands Ortiz Suit to NY State Court
EDFINANCIAL SERVICES: Filing for Class Cert in Bailey Due July 31
EIDP INC: Court Extends Class Cert Deadlines in Caporale Suit
ENERGY FUEL: Faces Rojano Wage-and-Hour Suit in E.D.N.Y.
EXPEDIA GROUP: Loses Bid for Summary Judgment v. Echevarria
FALCON TRANSPORT: Class Settlement in Chavez Gets Final Nod
FARHA ROOFING: Court Certifies Settlement Class in Ford
FIRST FEDERAL: Seeks Denial of Summey Class Certification Bid
FIRSTSOURCE SOLUTIONS: Court Excludes Woolfson's Declaration
FLORIDA: Court Dismisses Americas' Class Suit
FORD MOTOR: Bid to Compel Arbitration Granted in McCabe Lawsuit
FORD MOTOR: Court Narrows Claims in McCabe Amended Complaint
FRANKLIN COUNTY, OH: Court Extends Time to File Additional Exhibits
GARDA CL SOUTHEAST: Class Settlement in Cravens Gets Initial Nod
GENERAL MOTORS: Court Narrows Claims in Miller SAC
GENERAL MOTORS: Filing for Class Cert Bid Due July 24
GRAND AMERICA: Seeks Leave to File Class Cert Opposition
GREEN DOT: Trial in Koffsmon Class Suit Set for February 2027
HUMANA INC: Elliot's Bid to Exclude Daley's Testimony Tossed
INTEL CORP: Corrected Scheduling Order Entered in Berkeley
INTERNATIONAL FLAVORS: Faces Securities Suit in Israel Court
JOBBLE INC: Filing for Class Cert. Bid in Taylor Due July 18
KALEIDA HEALTH: Must File Class Cert Response by May 15
KANE & MYERS: Scheduling Order in Peredia Class Suit Entered
KOHLS INC: Filing for Class Cert Bid in Eugenia Due Jan. 15, 2026
LABORATORY CORP: Wins Bid to Exclude Otto Testimony
LAKEVIEW LOAN: Morrill Suit Seeks Rule 23 Class Certification
LASALLE APARTMENTS: Damare Seeks OK of Renewed Class Cert Bid
LATOYA HUGHES: Loses Bid for Summary Judgment v. Davis
LATOYA HUGHES: Sanctioned for Violating Protective Order
LCA-VISION: Court Dismisses Crabill Suit with Prejudice
LEIDOS INC: Miller Bid for Conditional Status Partly OK'd
LEPRINO FOODS: Class Cert Deadlines & Hearings in Domiguez Vacated
LGBCOIN LTD: Plaintiffs' Bid for Class Certification Partly OK'd
LHNH LAVISTA: Class Cert Bid Filing in Lanz Revised to April 30
LINCOLN UNIVERSITY: Dixon Seeks Prelim. Approval of Settlement
MARIO'S AIR: Has Until April 21 File Class Cert Bid Response
MARYLAND: Discovery Re-Opened for 30 Days
MCA MERRILLVILLE: Seeks Stay of Napoleon Class Action
MDL 3111: Plaintiffs Seek to Certify Class and Subclasses
MERCER COUNTY, PA: Campbell's Bid for Class Certification Tossed
NEW YORK: Engesser Suit Seeks to Certify Class Action
OLAPLEX HOLDINGS: Continues to Defend Lilien Securities Class Suit
PARADISE ENTERTAINMENT: Moore Must Refile Class Cert Exhibits
RC BIGELOW INC: Newton Bid for Class Certification Partly OK'd
REBUILT BROKERAGE: Must File Class Cert Response by April 21
REDWOOD TOXICOLOGY: Toothman Labor Suit Removed to N.D. Cal.
RESTORATION BUILDERS: Bid to Certify Class Denied w/o Prejudice
SENTOSACARE LLC: Seeks to Stay Chow Class Action
SIG SAUER: Seeks to File Portion of Opposition Under Seal
SKIDMORE COLLEGE: Class Settlement in Kobor Suit Gets Prelim. Nod
SPM OF ALABAMA: Parties in Kunce Must Confer Class Cert Deadlines
ST. TAMMANY PARISH: Baquer Seeks Leave to Amend Complaint
STONECO LTD: Must File Opposition to Class Cert Bid by June 3
STONECO LTD: Seeks to Adhere to Briefing Schedule w/o Conference
SUSAN MUELLER: Loses Summary Judgment Bid v. Dickinson
SUSAN MUELLER: Loses Summary Judgment Bid v. Hernandez
SUSAN MUELLER: Loses Summary Judgment Bid v. Mathis
SUSAN MUELLER: Loses Summary Judgment Bid v. Stewart
TIPPECANOE COUNTY COUNCIL: Bartole Files Suit in N.D. Indiana
UIPATH INC: Parties Seek to Modify Class Cert Briefing Schedule
US CONCEPTS: Rombaut Suit Removed to C.D. California
VOLATO INC: Gray Suit Seeks Class Certification
WAYNE COUNTY, MI: Brown Suit Seeks to Certify Four Classes
WAYNE COUNTY, MI: Harris Suit Seeks to Certify Four Classes
WEBHELP AMERICAS: Johnson Seeks Conditional Cert of FLSA Collective
WELLS FARGO: Class Cert Briefing Sched in Winkler Suit Extended
WELLS FARGO: Class Cert Briefing Schedule in Henzel Extended
WOODBURY WELLNESS: Desoto Wins FLSA Collective Certification
WOODSTREAM CORP: Court Certifies Maroney Fraud & Warranty Claims
YAZAM INC: Seeks to Continue Pope's Bid for Class Certification
[^] CLASS ACTION MONEY & ETHICS CONFERENCE 2025 -- Agenda
*********
2191 NIAGARA: Bid to Dismiss Davis Suit Tossed w/o Prejudice
------------------------------------------------------------
In the class action lawsuit captioned as MICHELE DAVIS and VICTORIA
BLASZAK, on behalf of themselves and all other and employees
similarly situated, v. 2191 NIAGARA STREET, LLC, CLASSIS EVENTS AT
THE LAFAYETTE, LLC, EVENTS AT THE FOUNDRY, LLC, MOLLY FORD
KOESSLER, WILLIAM KOESSLER, and RIVERFRONT ON THE NIAGARA, LLC,
D/B/A ACQUA, Case No. 1:15-cv-00429-RJA-LGF (W.D.N.Y.), the Hon.
Judge Leslie Foschio entered an order that:
-- The Defendants' motion to dismiss is dismissed without
prejudice
and with leave to refile;
-- The Plaintiffs' motion is granted as to the request for
limited discovery pursuant to Fed.R.Civ.P. 56(d), but
dismissed as moot insofar as Plaintiffs move to preclude the
court's consideration of the Kershner Affidavits.
The discovery requested by Plaintiffs pursuant to Rule 56(d) shall
be conducted within 120 days of receipt of this Decision and Order
after which Defendants may again move for partial summary judgment
to dismiss claims against Defendant Niagara Street.
The court finds that in the present context, the Sanderson
Affidavit is in compliance with Rule 56(d)'s requirement that
Plaintiffs show why, without discovery, Plaintiff cannot present
facts to defeat summary judgment as required by Meloff by
identifying the facts Plaintiffs seek, how those facts could
demonstrate a genuine issue of material fact precluding summary
judgment on the claims asserted against Niagara Street, as well as
specifies the discovery to be pursued.
The court thus exercises its discretion to defer ruling on the
instant motion for partial summary judgment and directs the parties
to proceed to discovery limited to whether Niagara Street is part
of an integrated enterprise so as to be considered an employer
under the Fair Labor Standards Act (FLSA) and New York Labor Law
(NYLL).
On Nov. 3, 2015, the Plaintiffs filed an amended complaint,
asserting six claims for relief based on violations of wages and
hours under the FLSA and NYLL.
A copy of the Court's decision and order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=5ZKJMZ
at no extra charge.[CC]
The Plaintiffs are represented by:
J. Nelson Thomas, Esq.
Jessica Lynne Lukasiewicz, Esq.
Jonathan W. Ferris, Esq.
THOMAS & SOLOMON PLLC
693 East Avenue
Rochester, NY 14607
The Defendants are represented by:
Ginger D. Schroder, Esq.
Linda H. Joseph, Esq.
SCHRODER, JOSEPH & ASSOCIATES, LLP
394 Franklin Street, 2nd Floor
Buffalo, NY 14202
- and -
Bradley J. Shafer, Esq.
Matthew J. Hoffer, Esq.
SHAFER AND ASSOCIATES, P.C.
3800 Capitol City Boulevard, Suite 2
Lansing, MI 48906
3M COMPANY: Eubaire Files Suit in D. South Carolina
---------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Torrey Eubaire, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01583-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Gower Files Suit in D. South Carolina
-------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as William Gower, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01593-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Grider Sues Over Exposure to Toxic Foams & Chemicals
----------------------------------------------------------------
Steven Grider, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:25-cv-01238-RMG (D.S.C., Feb. 28, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
The Plaintiffs seek relief against Defendants for personal injury
and due to exposure from PFAS related to the direct use of AFFF, a
firefighting foam containing PFAS compounds and for direct exposure
to AFFF and/or exposure from ingestion of PFAS from their water
supply. AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
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 with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
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 which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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. PFAS are highly toxic
and carcinogenic chemicals. Defendants knew, or should have
known, that PFAS remain in the human body while presenting
significant health risks to humans.
The Plaintiffs had no way to know that they were being exposed to
toxic chemicals until the contamination was recently discovered.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
kidney cancer as a result of exposure to Defendants' AFFF
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.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Hyde Files Suit in D. South Carolina
------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as James Hyde, and all others similarly situated
v. 3M Company formerly known as: Minnesota Mining and Manufacturing
Company; AGC Chemicals Americas Inc.; Amerex Corporation; Archroma
US Inc.; Arkema Inc.; Buckeye Fire Equipment Company; Carrier
Global Corporation; ChemDesign Products Inc.; Chemguard Inc.;
Chemicals Inc; Chemours Company FC LLC; Chubb Fire LTD.; Clariant
Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont De Nemours
Inc., formerly known as: DowDuPont Inc.; Dynax Corporation; EI Du
Pont De Nemours and Company; Kidde PLC; Nation Ford Chemical
Company; The Chemours Company; Tyco Fire Products LP, as
successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01577-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Irwin Sues Over Exposure to Toxic Film-Forming Foams
----------------------------------------------------------------
Larry Irwin, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTS LP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:25-cv-01239-RMG (D.S.C., Feb. 28, 2025), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
The Plaintiffs seek relief against Defendants for personal injury
and due to exposure from PFAS related to the direct use of AFFF, a
firefighting foam containing PFAS compounds and for direct exposure
to AFFF and/or exposure from ingestion of PFAS from their water
supply. AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
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 with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
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 which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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. PFAS are highly toxic
and carcinogenic chemicals. Defendants knew, or should have
known, that PFAS remain in the human body while presenting
significant health risks to humans.
The Plaintiffs had no way to know that they were being exposed to
toxic chemicals until the contamination was recently discovered.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
ulcerative colitis as a result of exposure to Defendants' AFFF
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.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
3M COMPANY: Landenberg Files Suit in D. South Carolina
------------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Brandon Landenberg, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01581-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Langille Files Suit in D. South Carolina
----------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Steven Langille, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01591-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Millwood Files Suit in D. South Carolina
----------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Melissa Millwood, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01579-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Morman Files Suit in D. South Carolina
--------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Timothy Morman, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01592-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Mutter Sues Over Exposure to Toxic Film-Forming Foams
-----------------------------------------------------------------
Steve Mutter, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS, INC.; ALLSTAR FIRE EQUIPMENT; AMEREX CORPORATION;
ARCHROMA U.S., INC.; ARKEMA INC.; BASF CORPORATION, individually
and as successor in interest to Ciba, 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.; MALLORY SAFETY AND SUPPLY LLC
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; RAYTHEON TECHNOLOGIES CORPORATION; RICOCHET MANUFACTURING
COMPANY, INC; SAFETY COMPONENTS FABRIC TECHNOLOGIES, INC; SOUTHERN
MILLS INC.; STEDFAST USA INC.; THE CHEMOURS COMPANY; TYCO FIRE
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.; and WITMER PUBLIC SAFETY GROUP, INC., Case No.
2:25-cv-01526-RMG (D.S.C., March 10, 2025), is brought 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"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. TOG is personal protective equipment
designed for heat and moisture resistance in order to protect
firefighters in hazardous situations. Most turnout gear is made up
of a thermal liner, moisture barrier, and an outer layer. The inner
layers contain PFAS, and the outer layer is often treated with
additional 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.
Further, 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 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. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF or TOG products were used by
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of Defendants' AFFF or TOG products and relied on
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendants' AFFF or TOG products caused Plaintiff to
develop the serious medical conditions and complications alleged
herein.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF or TOG products at various locations during the course of
Plaintiff's training and firefighting activities. Plaintiff further
seeks injunctive, equitable, and declaratory relief arising from
the same, says the complaint.
The Plaintiff was diagnosed with Thyroid Disease, and High
Cholesterol as a direct result of exposure to Defendants'
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.[BN]
The Plaintiff is represented by:
Joseph Y. Shenkar, Esq.
MARC J. BERN & PARTNERS, LLP
101 West Elm St., Suite 520
Conshohocken, PA 19428
Phone: (803) 315-3357
Fax: (610) 941-9880
Email: jshenkar@bernllp.com
3M COMPANY: Papa Files Suit in D. South Carolina
------------------------------------------------
A class action lawsuit has been filed against 3M Company, et al.
The case is styled as Joseph Papa, and all others similarly
situated v. 3M Company formerly known as: Minnesota Mining and
Manufacturing Company; AGC Chemicals Americas Inc.; Amerex
Corporation; Archroma US Inc.; Arkema Inc.; Buckeye Fire Equipment
Company; Carrier Global Corporation; ChemDesign Products Inc.;
Chemguard Inc.; Chemicals Inc; Chemours Company FC LLC; Chubb Fire
LTD.; Clariant Corp; Corteva Inc; Deepwater Chemicals Inc.; Du Pont
De Nemours Inc., formerly known as: DowDuPont Inc.; Dynax
Corporation; EI Du Pont De Nemours and Company; Kidde PLC; Nation
Ford Chemical Company; The Chemours Company; Tyco Fire Products LP,
as successor-in-interest to The Ansul Company; United Technologies
Corporation; UTC Fire & Security Americas Corporation Inc. formerly
known as: GE Interlogix Inc., Case No. 2:25-cv-01575-RMG (D.S.C.,
March 11, 2025).
The nature of suit is stated as Personal Inj. Prod. Liability for
Personal Injury.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiff is represented by:
Constantine Venizelos, Esq.
CONSTANT LEGAL GROUP LLP
737 Bolivar Rd., Suite 440
Cleveland, OH 44115
Phone: (216) 849-3326
Email: dean@constantllp.com
3M COMPANY: Perrodin Sues Over Exposure to Toxic Chemicals
----------------------------------------------------------
Mitchell Perrodin, and other similarly situated v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); AGC CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE PLC; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM,
INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP, as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Case No. 2:25-cv-01240-RMG (D.S.C., Feb. 28,
2025), is brought for damages for personal injury resulting from
exposure to aqueous film-forming foams ("AFFF") containing the
toxic chemicals collectively known as per and polyfluoroalkyl
substances ("PFAS"). PFAS includes, but is not limited to,
perfluorooctanoic acid ("PFOA") and perfluorooctane sulfonic acid
("PFOS") and related chemicals including those that degrade to PFOA
and/or PFOS.
The Plaintiffs seek relief against Defendants for personal injury
and due to exposure from PFAS related to the direct use of AFFF, a
firefighting foam containing PFAS compounds and for direct exposure
to AFFF and/or exposure from ingestion of PFAS from their water
supply. AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires.
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 with knowledge that it contained
highly toxic and bio persistent PFASs, which would expose end users
of the product to the risks associated with PFAS. Further,
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 which contained
PFAS for use in firefighting.
The Defendants manufactured AFFF and/or PFAS for use in AFFF that
contaminated and continues to contaminate the environment, yet no
Defendant included user warnings to protect the environment or
innocent bystanders. 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. PFAS are highly toxic
and carcinogenic chemicals. Defendants knew, or should have
known, that PFAS remain in the human body while presenting
significant health risks to humans.
The Plaintiffs had no way to know that they were being exposed to
toxic chemicals until the contamination was recently discovered.
Through this action, Plaintiff seeks to recover compensatory and
punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to,
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian firefighter and was diagnosed with
hypothyroidism as a result of exposure to Defendants' AFFF
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.[BN]
The Plaintiff is represented by:
Tayjes Shah, Esq.
THE MILLER FIRM, LLC
108 Railroad Ave.
Orange, VA 22960
Phone: 540-672-4224
Email: tshah@millerfirmllc.com
AANIIIH NAKODA: Wood Balks at Non-Tribal Lenders' Unlawful Loans
----------------------------------------------------------------
ADAM WOOD, on behalf of himself and all others similarly situated,
Plaintiff V. AANIIIH NAKODA FINANCE, LLC, d/b/a BRIGHT LENDING,
Defendant, Case No. 4:25-cv-25-RGJ (W.D. Ky., March 26, 2025) seeks
redress for the predatory and unlawful loans issued and enforced by
Defendant to Plaintiff and all others similarly situated.
According to the complaint, the Defendant has tricked the
Plaintiffs into believing that Bright Lending is a tribal lending
entity that is wholly owned by the Fort Belknap Indian Community, a
sovereign nation located within the United States of America. In
reality, the Defendant operates a "rent-a-tribe" scheme in order to
circumvent state usury laws, including the laws of the Commonwealth
of Kentucky.
A rent-a-tribe scheme is colloquial phrase used to describe the
business practices of non-tribal payday lenders, including Bright
Lending, hiding behind the guise of a Native American tribe in
order to avoid usury laws by invoking sovereign immunity.
The Plaintiff seeks a (i) declaratory judgment that the loans are
void under Kentucky Revised Statutes 360.010 (Count I) and (ii)
damages pursuant to KRS 360.020 (Count II) and KRS 367.110 (Count
III).
Aaniiih Nakoda Finance, LLC, d/b/a Bright Lending, describes itself
as a tribal lending entity.[BN]
The Plaintiff is represented by:
Matthew T. Lockaby, Esq.
Amanda M. Lockaby, Esq.
LOCKABY PLLC
476 East High Street, Suite 200
Lexington, KY 40507
Telephone: (859) 263-7884
Facsimile: (859) 406-3333
E-mail: mlockaby@lockabylaw.com
alockaby@lockabylaw.com
- and -
Matthew J. Langley, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (773) 554-9354
E-mail: matt@almeidalawgroup.com
ACACIA NETWORK: Statewide Collective Action Conditionally Certified
-------------------------------------------------------------------
In the class action lawsuit captioned as GIITOU NEOR and TYRONE
WALLACE on behalf of themselves, FLSA Collective Plaintiffs, and
the Class, v. ACACIA NETWORK, INC., d/b/a ACACIA NETWORK, ACACIA
NETWORK HOUSING INC., d/b/a ACACIA NETWORK, PROMESA RESIDENTIAL
HEALTH CARE FACILITY, INC., d/b/a PROMESA, and JOHN DOE CORP 1-100,
Case No. 1:22-cv-04814-ER (S.D.N.Y.), the Hon. Judge Edgardo Ramos
entered an order granting in part and denying in part the
Plaintiff's motion:
-- The Court will conditionally certify the proposed statewide
collective action, but only as to those hourly employees who
worked during the three years preceding the filing of the
original complaint.
The statute of limitations will be equitably tolled pending notice
to the potential opt-in plaintiffs.
The Plaintiffs have therefore sufficiently established a common
plan or policy of not properly compensating for overtime hours
extending to hourly employees who performed a wider range of job
duties than those of the named Plaintiffs.
On April 1, 2024, the Plaintiffs filed a motion for conditional
collective certification and for court facilitation of notice
pursuant to 29 U.S.C. section 216(b). The Plaintiffs claim that the
Defendants failed to compensate overtime work performed due to
automatic meal break deductions, post-shift time shaving, and
impermissible rounding.
The Plaintiffs allege that defendants violated the Fair Labor
Standards Act ("FLSA") and the New York Labor Law ("NYLL") and
request damages consisting of unpaid wages, including overtime,
unpaid spread of hours premium, compensation for late payment of
wages, statutory penalties, liquidated damages, and attorneys' fees
and costs.
Acacia is a domestic not-for-profit corporation that subleases
hotels and accommodations to the government to use as housing and
assistance centers for the homeless in New York City.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=aU6LHd at no extra
charge.[CC]
ACTINIUM PHARMACEUTICALS: Intends to Defend NY Securities Suit
--------------------------------------------------------------
Actinium Pharmaceuticals, Inc., disclosed in a Form 10-K report for
the fiscal year ended December 31, 2024, filed with the U.S.
Securities and Exchange Commission that on March 27, 2025, a
putative class action complaint was filed by alleged stockholder
Nihil Kohil against the Company and executives Sandesh Seth,
Avinash Desai, Madhuri Vusirikala, and Sergio Giralt, styled Kohil
v. Actinium Pharmaceuticals, Inc., et al., Case No. 1:25-cv-02553
in the Southern District of New York, wherein, the Complaint
alleges that the defendants made material misrepresentations and
omissions concerning the Iomab-B Phase 3 Sierra Trial and the
plaintiff asserts claims against all defendants pursuant to section
10(b) of the Securities Exchange Act and Rule 10b-5 promulgated
thereunder, as well as additional claims against the individual
defendants pursuant to Section 20(a) of the Exchange Act.
The Complaint purports to assert class action claims on behalf of
all persons and entities that purchased or otherwise acquired
Actinium securities between October 31, 2022 and August 2, 2024.
Plaintiff seeks unspecified damages. The defendants have not yet
responded to the complaint, and they intend to vigorously defend
themselves against the plaintiff's allegations.
The Company and other defendants intend to defend vigorously
against such claims, however, there can be no assurances as to the
outcome.
Actinium is a late-stage biopharmaceutical company that develops
targeted radiotherapies, such as Iomab-B, to treat people who have
failed existing oncology therapies. Iomab-B is an
induction-and-conditioning agent used before bone marrow
transplants and has the potential to treat elderly relapsed or
refractory acute myeloid leukemia. Actinium evaluated Iomab-B in
the pivotal Phase 3 Sierra trial (the "Sierra Trial"), where the
drug met the primary endpoint of durable Complete Remission with
statistical significance.
ACX PACIFIC: Settlement in Rojas-Cifuentes Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as MIGUEL ROJAS-CIFUENTES, v.
ACX PACIFIC NORTHWEST INC., et al., Case No. 2:14-cv-00697-CKD
(E.D. Cal.), the Hon. Judge Carolyn Delaney entered an order that:
1. The Plaintiff's unopposed motion for conditional class
certification and preliminary approval of settlement is
granted;
2. The Rule 23 class is provisionally certified, the Plaintiff
Miguel Rojas-Cifuentes is appointed class representative,
and Mallison & Martinez is appointed class counsel
3. The Settlement Agreement is preliminarily approved as fair,
reasonable, and adequate;
4. The Plaintiff's request to file a third amended complaint is
granted; and
5. The parties shall follow the deadlines set herein as
delineated by the Settlement Agreement. A fairness hearing
is scheduled for Sept. 10, 2025, at 10:00 a.m., in Courtroom
24 of the Matsui Courthouse, 501 I. St., Sacramento, CA,
95814.
Because the Rule 23 requirements for the proposed class are met,
and because the standard to preliminary certify a class is less
rigorous than necessary for final certification, conditional class
certification of the expanded class is warranted for the purposes
of preliminary approval of the class action settlement.
Considering the other factors from Rule 23(e)(2), the Court finds
the PAGA portion of the settlement to be similarly fair and
adequate for the PAGA members. T
The proposed class is defined as:
"all current and former non-exempt employees who worked for
Al Dahra in the State of California at any time during the
period from March 14, 2010, through Oct. 15, 2023."
There is a sub-class named the Wilmington Auto-Deduct Sub-Class,
which means:
"all current and former non-exempt hourly employees who
worked at the Wilmington, California location of Al Dahra at
any time from March 14, 2010 up to May 17, 2018 and worked
at least one shift greater than 6 hours and had 30 minutes
of pay automatically deducted for a meal period."
The Plaintiff brings this putative class action against the
Defendants alleging class violations of the Fair Labor Standards
Act ("FLSA"), California Labor Code, and California's Unfair
Competition Law.
ACX distributes forage, roughage, and products.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OVcATf at no extra
charge.[CC]
AKIMA GLOBAL: Loses Summary Judgment v. Yeend
---------------------------------------------
In the class action lawsuit captioned as DALILA YEEND, BOUNNAM
PHIMASONE, ELVIN MINAYA RODRIGUEZ, LISA LAPOINTE, and SHANTADEWIE
RAHMEE, individually and on behalf of all others similarly
situated, v. AKIMA GLOBAL SERVICES, LLC, Case No.
1:20-cv-01281-AMN-PJE (N.D.N.Y.), the Hon. Judge Anne Nardacci
entered an order that Defendant's motion for summary judgment is
denied.
The Court further entered an order that the Defendant's motion to
strike is denied; and the Court further orders that the Clerk serve
a copy of this Memorandum-Decision and Order on the parties in
accordance with the Local Rules.
On Sept. 3, 2020, the Plaintiffs commenced this action against the
Defendant in New York State Supreme Court, asserting state law
claims pertaining to their civil immigration detention at the
Buffalo Federal Detention Facility ("BFDF").
On Oct. 16, 2020, the Defendant removed this action to federal
court. On Sept. 7, 2022, the Plaintiffs filed an amended complaint
with class action allegations and claims for unjust enrichment and
violations of the Trafficking Victims Protection Reauthorization
Act ("TVPRA") and New York Labor Law ("NYLL").
Akima provides the people, equipment, and processes that safeguard
federal buildings, military bases, and detention centers.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Roqxuw at no extra
charge.[CC]
The Plaintiffs are represented by:
Allison Frick, Esq.
Alanna G. Kaufman, Esq.
Alyssa Isidoridy, Esq.
KAUFMAN LIEB LEBOWITZ & FRICK LLP
18E, 48th Street, Suite 802
New York, NY 10017
Telephone: (212) 660-2332
E-mail: africk@kllf-law.com
aisidoridy@kllf-law.com
- and -
Maureen Hussain, Esq.
Cristina Brito, Esq.
Olivia Post Rich, Esq.
WORKER JUSTICE CENTER OF NEW YORK
9 Main Street
Kingston, NY 12401
Telephone: (845) 331-6615
E-mail: mhussain@wjcny.org
cbrito@wjcny.org
opostrich@wjcny.org
The Defendant is represented by:
Jessica L. Marrero, Esq.
Amiel J. Provosty, Esq.
Heather F. Crow, Esq.
THE KULLMAN FIRM
1100 Poydras St., Suite 1600
New Orleans, LA 70163
Telephone: (504) 524-4162
Facsimile: (504) 596-4114
E-mail: JLM@kullmanlaw.com
ALL-WAYS FORWARDING: Court Certifies Settlement Class in Ying
-------------------------------------------------------------
In the class action lawsuit captioned as JUSTIN YING, on behalf of
all other persons similarly situated, v. ALL-WAYS FORWARDING OF
N.Y. INC. f/k/a All Ways Forwarding of N.Y. Inc., f/k/a All Ways
Forwarding International of N.Y., Inc., f/k/a All Ways Forwarding
International Inc., ALL-WAYS FORWARDING INT'L INC., ALL-WAYS
PACIFIC LLC, ALL-WAYS FORWARDING HOLDINGS LLC, SOLOMON WEBER, and
DAVID PASKES, Case No. 1:20-cv-06242-ENV-MMH (E.D.N.Y.), the Hon.
Judge Marcia Henry entered an order granting in part and denying in
part the parties' motions for final approval of the class
settlement, approval of service awards, and approval of the
attorneys' fees:
(1) The Court certifies the Settlement Class and approves the
parties' Settlement Agreement, with the exception of the
confidentiality and non-disparagement provision of the
Agreement, which is stricken.
(2) The Court approves the following awards: (a) to Ying, the
Named Plaintiff, $30,000.00 as a service award; (b) to Class
counsel, $258,333.33 for attorneys' fees and $1,352.70 for
litigation costs; and (c) to the Settlement Administrator, a
fee of $9,000.00.
Accordingly, the class settlement is both procedurally and
substantively fair under Rule 23(e), and therefore the class action
settlement is approved.
On Dec. 24, 2020, Ying commenced this collective and class action,
alleging that the Defendants and individuals Paul Selvage, Ezra
Danziger, and Paul Reisz (1) failed to pay overtime wages in
violation of the FLSA, the NYLL, the New Jersey Wage and Hour Law
("NJWHL"), and the California Labor Code ("CLC"); and (2) failed to
pay the spread of hours premium and to provide wage notices and
wage statements in violation of the NYLL.
In November 2023, the parties filed the instant motions for final
approval of the class settlement, approval of service awards, and
approval of the attorneys' fees.
The Settlement Agreement defines the Settlement Class as
"Named Plaintiff and the current and former non-exempt
employees who worked overtime and were employed by AW NY
from Dec. 24, 2014 to March 4, 2022."
All-Ways provides arranging of transportation of freight and
cargo.
A copy of the Court's memorandum and order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=lQBbFW
at no extra charge.[CC]
ALN MEDICAL MANAGEMENT: Judka Files Suit in D. Nebraska
-------------------------------------------------------
A class action lawsuit has been filed against ALN Medical
Management, LLC. The case is styled as Jeffrey Judka, on behalf of
himself and on behalf of all others similarly situated v. ALN
Medical Management, LLC, Case No. 4:25-cv-03074-JMG-MDN (D. Neb.,
March 31, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
ALN -- http://alnmm.com/-- provides hosting, implementing,
training, and ongoing support to physician practices.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
Kennedy M. Brian, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma, OK 73120
Phone: (405) 235-1560
Fax: (405) 239-2112
Email: wbf@federmanlaw.com
kpb@federmanlaw.com
ALN MEDICAL MANAGEMENT: Peck Files Suit in D. Nebraska
------------------------------------------------------
A class action lawsuit has been filed against ALN Medical
Management, LLC, et al. The case is styled as Gail Peck,
individually and on behalf of all others similarly situated v. ALN
Medical Management, LLC, National Spine and Pain Centers LLC, Case
No. 4:25-cv-03073 (D. Neb., March 31, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
ALN -- http://alnmm.com/-- provides hosting, implementing,
training, and ongoing support to physician practices.[BN]
The Plaintiff is represented by:
Gary M. Klinger, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN LLC
227 W. Monroe Street, Suite 2100
Chicago, IL 60606
Phone: (866) 252-0878
Email: gklinger@milberg.com
AMENTUM SERVICES: Filing for Class Cert. Bid Due March 8, 2027
--------------------------------------------------------------
In the class action lawsuit captioned as ANNA WISE, on behalf of
herself and the Proposed Rule 23 Class, v. AMENTUM SERVICES INC.;
GANA-A'YOO SERVICES CORPORATION; SIX MILE LLC; GRAY HAWK GLOBAL
CORPORATION; and LEIDOS, INC. Case No. 1:25-cv-00031-JLK-TPO (D.
Colo.), the Hon. Judge Timothy P. O'Hara entered an order as
follows:
a. Deadline for Joinder of Parties Sept. 29, 2025
and Amendment of Pleadings:
b. Discovery Cutoff: June 8, 2026
c. Dispositive Motion Deadline: May 8, 2027
d. Deadline for Class Certification March 8, 2027
Motions pursuant to
Fed. R. Civ. P. 23:
e. Deadline for Motions to Exclude Oct. 8, 2026
Expert Testimony pursuant to
Fed. R. Evid. 702:
f. Expert Discovery Cut-off: Feb. 8, 2027.
The Plaintiff also brings a claim against the Defendant Six Mile,
LLC for violating the Colorado Public Health Emergency
Whistleblower Act, alleging the Defendant Six Mile has a practice
and policy of prohibiting workers from raising workplace safety
concerns and has retaliated against or threatened workers who speak
out on issues workers reasonably believe are unlawful.
Amentum is a subcontractor for Leidos under the ASC to provide
seasonal employees to work in Antarctica in the following fields:
carpenters, heavy equipment operators, mechanics, electricians,
pipefitters, welders, firefighters, and more.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=u86OFd at no extra
charge.[CC]
The Plaintiff is represented by:
Laura B. Wolf, Esq.
SPARK JUSTICE LAW LLC
3435 S. Inca Street, Suite C-113
Englewood, CO 80110
Telephone: (303) 802-5390
Facsimile: (303) 848-3003
E-mail: laura@spark-law.com
- and -
Aurora L. Randolph, Esq.
ALR CIVIL RIGHTS LLC
9878 W. Belleview Ave., Suite 2129
Denver, CO 80123
Telephone: (303) 968-1703
E-mail: aurora@alrcivilrights.com
- and -
Rachel W. Dempsey, Esq.
Juno Turner, Esq.
David H. Seligman, Esq.
TOWARDS JUSTICE
Denver, CO 80237-5680
Telephone: (720) 441-2236
E-mail: rachel@towardsjustice.org
juno@towardsjustice.org
david@towardsjustice.org
- and -
Rachhana T. Srey, Esq.
H. Clara Coleman, Esq.
NICHOLS KASTER, PLLP
4700 IDS Center, 80 South 8th Street
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 215-6870
E-mail: srey@nka.com
ccoleman@nka.com
The Defendants are represented by:
Diane R. Hazel, Esq.
FOLEY & LARDNER LLP
1400 16th Street, Suite 200
Denver, CO 80202
Telephone: (720) 437-2000
E-mail: dhazel@foley.com
- and -
Perry A. Lange, Esq.
Arielle K. Herzberg, Esq.
WILMER CUTLER PICKERING HALE AND DORR LLP
2100 Pennsylvania Avenue NW
Washington, DC 20037
Telephone: (202) 663-6493
E-mail: Perry.Lange@wilmerhale.com
Arielle.Herzberg@wilmerhale.com
- and -
Bryant S. Banes, Esq.
NEEL, HOOPER & BANES
1800 West Loop South, Suite 1750
Houston, TX 77027
Telephone: (713) 629-1800
E-mail: bbanes@nhblaw.com
- and -
Adam L. Hudes, Esq.
Craig P. Seebald, Esq.
Michael McCambridge, Esq.
VINSON & ELKINS LLP
2200 Pennsylvania Avenue NW
Suite 500 West
Washington, DC 20037
Telephone: (202) 639-6578
E-mail: ahudes@velaw.com
cseebald@velaw.com
mmccambridge@velaw.com
- and -
Jennifer S. Harpole
Lukasz Gilewski
LITTLER MENDELSON, P.C.
1900 Sixteenth Street, Suite 800
Denver, CO 80202
Telephone: (303) 629-6200
E-mail: jharpole@littler.com
lgilewski@littler.com
ATHENA BITCOIN: Seeks Oral Argument in Jackson Class Suit
---------------------------------------------------------
In the class action lawsuit captioned as KEON JACKSON, v. ATHENA
BITCOIN, INC., Case No. 4:24-cv-00331-MW-MJF (N.D. Fla.), the
Defendant asks the Court to enter an order permitting 90 minutes of
oral argument from both sides on the Plaintiff's fully briefed
motion for class certification, only if the Court is inclined to
grant the Motion on the papers, and should the Motion be denied,
permitting Athena to file a Surresponse to the Plaintiff's Reply,
to be filed on or by 14 days from the date of entry of the Order.
Athena owns and operates several business lines around Digital
Currency.
A copy of the Defendant's motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6oIU0J at no extra
charge.[CC]
The Defendant is represented by:
Krystina N. Machado, Esq.
Houston S. Park, III, Esq.
FREEMAN MATHIS & GARY, LLP
9130 S. Dadeland Blvd., Suite 2000
Miami, FL 33156
Telephone: (305) 670-3700
E-mail: Houston.Park@fmglaw.com
Krystina.Machado@fmglaw.com
AVANT HEALTHCARE: Haviland Sues Over Unlawful Collection and Data
-----------------------------------------------------------------
Elizabeth Haviland, individually and on behalf of all others
similarly situated v. AVANT HEALTHCARE PROFESSIONALS, LLC, a
Florida limited liability company; and DOES 1 through 25,
inclusive, Case No. 2:25-at-00421 (E.D. Cal., March 31, 2025), is
brought as a result of the Defendant's violations of the California
Trap and Trace Law due to unlawful collection and data.
The Defendant has installed on its Website software created by
TikTok in order to identify website visitors (the "TikTok
Software"). The TikTok Software acts via a process known as
"fingerprinting." Put simply, the TikTok Software collects as much
data as it can about an otherwise anonymous visitor to the Website
and matches it with data TikTok has acquired and accumulated about
hundreds of millions of Americans.
The TikTok Software gathers device and browser information,
geographic information, referral tracking, and url tracking by
running code or "scripts" on the Website to send user details to
TikTok. Additionally, since Avant has decided to use TikTok's
"AutoAdvanced Matching" technology, TikTok scans every website for
information, such as name, date of birth, and address, the
information is sent simultaneously to TikTok, so that TikTok can
isolate with certainty the individual to be targeted.
The Defendant did not obtain Class Members' express or implied
consent to be subjected to data sharing with TikTok for the
purposes of fingerprinting and de-anonymization. CIPA imposes civil
liability and statutory penalties for the installation of trap and
trace software without a court order, says the complaint.
The Plaintiff visited the Defendant's website on November 11,
2024.
The Defendant owns, operates and/or controls
www.avanthealthcare.com, an online platform that offers staffing
services for healthcare workers.[BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
Narain Kumar, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Phone: (213) 927-9270
Email: rtauler@taulersmith.com
nkumar@taulersmith.com
BAY COVE HUMAN: Holmes Sues Over Failure to Safeguard PII
---------------------------------------------------------
Latina Holmes, on behalf of herself and all others similarly
situated v. BAY COVE HUMAN SERVICES, INC., Case No. 15-10470 (Mass.
Commonwealth, Suffolk Cty., March 31, 2025), is brought seeking
monetary damages and injunctive and declaratory relief arising from
Defendant's failure to safeguard the names, driver's license
information, financial account information and Social Security
Numbers ("Personally Identifiable Information"' or "PII") and
diagnosis, treatment, health and employment-related information
("Protected Health Information" or "PHI") (together, "Private
Information") of its patients and employees, which resulted in
unauthorized access to its information systems on December 2024,
and the compromised and unauthorized disclosure of that Private
Information, causing widespread injury and damages to Plaintiff and
the proposed Class.
On December 25, 2023, Bay Cove detected unusual activity in its
computer systems and ultimately determined that an unauthorized
third party accessed its network and obtained certain files from
its systems on or around December 25, 2023 ("Data Breach"). As a
result of the Data Breach, which Defendant failed to prevent, the
Private Information of Defendant's patients and employees,
including Plaintiff and the proposed Class Members, were stolen,
including their name, date Of birth, Social Security number,
diagnosis or treatment information, and/or other health-related
information.
The Defendant's investigation concluded that the Private
Information compromised in the Data Breach included Plaintiffs and
other individuals' information (together, "Patients/Employees").
The Defendant's failure to safeguard Patients/Employees' highly
sensitive Private Information as exposed and unauthorizedly
disclosed in the Data Breach violates its common law duty,
Massachusetts law, and Defendant's implied contract with its
Patients' Employees to safeguard their Private Information, says
the complaint.
The Plaintiff is a patient of the Defendant.
Bay Cove Human Services, Inc. is a not-for-profit community
services provider with its principal place of business in Boston,
Massachusetts.[BN]
The Plaintiff is represented by:
Randi Kassan, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (212) 594-5300
Email: rkassan@milberg.com
- and -
Andrew J. Shamis, Esq.
Leanna A. Loginov, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Phone: 305-479-2299
Email: ashamis@shamisgentile.com
lloginov@shamisgentile.com
BETTER TAX RELIEF: Kutom Files TCPA Suit in N.D. Illinois
---------------------------------------------------------
A class action lawsuit has been filed against Better Tax Relief,
LLC. The case is styled as Raed Kutom, individually, and on behalf
of all others similarly situated v. Better Tax Relief, LLC, Case
No. 1:25-cv-03436 (N.D. Ill., March 31, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Better Tax Relief -- https://bettertaxrelief.com/ -- offers
tailored tax relief services to help clients manage IRS debt with
personalized plans.[BN]
The Plaintiff is represented by:
Mohammed O. Badwan, Esq.
SULAIMAN LAW GROUP LTD
2500 South Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (630) 575-8181
Fax: (630) 575-8188
Email: mbadwan@sulaimanlaw.com
BG CALIFORNIA: Zelaya Labor Suit Removed to S.D. Cal.
-----------------------------------------------------
The case styled as ROXANA ZELAYA, an individual, on behalf of
herself and on behalf of all persons similarly situated, Plaintiff
v. BG CALIFORNIA MULTIFAMILY STAFFING, INC., a corporation; BG
CALIFORNIA IT STAFFING, INC., a corporation; and DOES 1 through 50,
inclusive, Defendants, Case No. 25CU009110C, was removed from the
Superior Court of the State of California for the County of San
Diego to the United States District Court for the Southern District
of California on March 26, 2025.
The District Court Clerk assigned Case No. 3:25-cv-00705-H-SBC to
the proceeding.
The Plaintiff's complaint asserts the following claims on a
class-wide basis: (1) unfair competition; (2) failure to pay
minimum wages; (3) failure to pay overtime wages; (4) failure to
provide meal periods; (5) failure to provide rest periods; (6)
failure to provide accurate wage statements; (7) failure to
reimburse work expenses; and (8) failure to pay sick pay.
BG California Multifamily Staffing, Inc. provides services in
property management and property maintenance staffing.[BN]
The Defendants are represented by:
Marlene M. Moffitt, Esq.
Brett R. Tengberg, Esq.
Stephen A. Dolar, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone: (858) 652-3110
Facsimile: (858) 652-3101
E-mail: marlene.moffitt@ogletree.com
brett.tengberg@ogletree.com
stephen.dolar@ogletree.com
BIOLINERX LTD: Tel Aviv Court Junks "Peete" Securities Suit
-----------------------------------------------------------
On January 5, 2023, a putative securities class action complaint
captioned Winston Peete v. BioLineRx Ltd. and Philip A. Serlin
(Case no: Case 2:23-cv-00041 was filed in the U.S. District Court
for the District of New Jersey by purported shareholder Winston
Peete, naming the Company and its chief executive officer, Mr.
Serlin, as defendants, BioLineRx Ltd. disclosed in a Form 10-K
report filed with the U.S. Securities and Exchange Commission for
the fiscal year ended December 31, 2024.
The complaint asserted violations of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934 and Rule 10b-5 promulgated
thereunder, claiming that the defendants made false and materially
misleading statements and failed to disclose material adverse facts
pertaining to our financial position with regard to the development
of motixafortide and that we would require a loan and a securities
offering to commercialize motixafortide. The complaint asserted a
putative class period of February 23, 2021 to September 19, 2022,
inclusive, and sought certification as a class action and an
unspecified amount of damages.
On July 5, 2023, plaintiffs filed an amended complaint alleging the
same claims and adding the Company's Chief Financial Officer, Mali
Zeevi, as a defendant. On September 5, 2023, defendants filed a
motion to dismiss the amended complaint in its entirety, and on
July 15, 2024, the court granted the order to dismiss without
prejudice. The plaintiffs did not file an amended claim by the
deadline, which passed on August 14, 2024. In addition, on
February 5, 2023, the Company received a lawsuit and motion to
approve the lawsuit as a class action lawsuit pursuant to the Class
Action Lawsuits Law 5766-2006, which was filed against the Company
and Mr. Serlin in the Tel Aviv District Court (Economic Division).
The motion asserts substantially similar allegations as the U.S.
action. The motion asserts to define the class as all shareholders
who held the company's securities traded on the TASE, on September
19, 2022 and the class period relates to the company's statements
between February 23, 2021, and September 19, 2022. The total amount
claimed, if the lawsuit is certified as a class action, as set
forth in the motion is approximately NIS 113.5 million
(approximately $32 million).
On December 10, 2024, the Tel Aviv District Court (Economic
Division) granted an order to dismiss the claim.
About BioLineRx Ltd.
Headquartered in Modi'in, Israel, BioLineRx is a commercial-stage
biopharmaceutical company focused on developing life-changing
therapies in oncology and rare diseases.
Tel Aviv, Israel-based Kesselman & Kesselman, the Company's auditor
since 2003, issued a "going concern" qualification in its report
dated March 26, 2024, citing that the Company has suffered
recurring losses from operations and has cash outflows from
operating activities, indicating a material uncertainty that may
cast significant doubt about its ability to continue as a going
concern.
BioLineRx recorded net losses of $27.1 million in 2021, $25 million
in 2022, and $60.6 million in 2023. As of March 31, 2024, the
Company had $51.6 million in total assets, $38.54 million in total
liabilities, and a total equity of $13.06 million.
BMW OF NORTH AMERICA: Court Narrows Claims in Armstrong Suit
------------------------------------------------------------
In the class action lawsuit captioned as SHEA ARMSTRONG and SAMUEL
CALDWELL, on behalf of themselves and all others similarly
situated, V. BMW OF NORTH AMERICA, LLC, and BAYERISCHE MOTOREN
WERKE AKTIENGESELLSCHAFT, Case No. 2:23-cv-03046-JXN-SDA (D.N.J.),
the Hon. Judge Julien Xavier Neals entered an order granting in
part Defendants' motion to dismiss.
Counts Five brought under California law, Seven and Eight brought
under Florida law, as well as Counts Seven, Eight, Nine, Ten, and
Eleven to the extent they are brought by a nationwide class are
dismissed without prejudice. Count Eleven is dismissed with
prejudice. All other claims for relief are denied.
The Plaintiffs quasi-contract claim fails. Thus, the unjust
enrichment claims in Count Nine is dismissed with prejudice as to
Armstrong and the California subclass.
This putative class action arises from an alleged "latent defect
found" in certain BMW vehicles.
According to the Plaintiffs, the Class Vehicles "contain
defectively designed and/or manufactured coolant lines that cause
them to prematurely fail which the Defendants failed to disclose.
On Oct. 4, 2020, Armstrong "purchased a certified pre-owned 2017
5301" BMW from a "BMW dealership located in Glendale, California."
BMW of North America markets and sells motor vehicles.
A copy of the Court's opinion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=shUcNv at no extra
charge.[CC]
BRADLEY UNIVERSITY: Wins Summary Judgment Bid v. Eddlemon
---------------------------------------------------------
In the class action lawsuit captioned as ORION EDDLEMON,
individually and on behalf of all others similarly situated, v.
BRADLEY UNIVERSITY, an Illinois not-for-profit corporation, Case
No. 1:20-cv-01264-CRL (C.D. Ill.), the Hon. Judge Colleen Lawless
entered an order that the University motion for summary judgment is
granted as to the claims relating to the course surcharge fees.
Accordingly, Bradley University's motion for Summary Judgment is
granted. The Plaintiff's motion t certify class is dismissed as
moot. The Clerk is directed to enter in favor of the Defendant and
against Plaintiff.
Bradley University is a private university in Peoria, Illinois,
United States.
A copy of the Court's opinion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=QtXiW9 at no extra
charge.[CC]
BROADWAY GOURMET: Guzman Sues Over Unpaid Minimum, Overtime Wages
-----------------------------------------------------------------
Alfredo Guzman, individually and on behalf of others similarly
situated v. BROADWAY GOURMET, INC. (d/b/a BROADWAY GOURMET FOOD
MARKET ON SOHO) and MARK H. KIM, Case No. 1:25-cv-02676 (S.D.N.Y.,
March 31, 2025), is brought for unpaid minimum and overtime wages
pursuant to the Fair Labor Standards Act of 1938 ("FLSA"), and for
violations of the N.Y. Labor Law (the "NYLL), including applicable
liquidated damages, interest, attorneys' fees and costs.
The Plaintiff worked for Defendants in excess of 40 hours per week,
without appropriate minimum wage and overtime compensation for the
hours that he worked. Rather, Defendants failed to maintain
accurate recordkeeping of the hours worked and failed to pay The
Plaintiff appropriately for any hours worked, either at the
straight rate of pay or for any additional overtime premium. The
Defendants maintained a policy and practice of requiring The
Plaintiff and other employees to work in excess of 40 hours per
week without providing the minimum wage and overtime compensation
required by federal and state law and regulations, says the
complaint.
The Plaintiff was employed by Defendants as a delivery worker from
December 18, 2023 until November 6, 2024 at Meson Restaurant.
The Defendants own, operate, or control a food market, located in
New York under the name "Broadway Gourmet Food Market On
Soho."[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE ESQ.
60 East 42nd Street, Suite 4510
New York, NY 10165
Phone: (212) 317-1200
BUILD REALTY: Class Settlement in Compound Suit Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as COMPOUND PROPERTY
MANAGEMENT LLC, et al., v. BUILD REALTY INC., et al., Case No.
1:19-cv-00133-DRC (S.D. Ohio), the Hon. Judge Douglas Cole entered
an order as follows:
1. Preliminarily approves the proposed Class Action Settlement
Agreement and Release as modified to reflect (1) that the
Build Defendants' payments are deemed to be assigned to the
Common Fund, not a separate stream of payments directly to
class counsel; and (2) that the class members are to receive
payments according to the updated formula provided by class
counsel in its supplemental briefing;
2. Approves the proposed notice plan and authorizes the
settlement administrator to distribute the proposed notices
as modified to reflect (1) that the Build Defendants'
payments are deemed to be assigned to the Common Fund, not
directly to Class Counsel's fees; and (2) that the class
members are to receive payments according to the updated
formula provided by class counsel in its supplemental
briefing;
3. Adopts the proposed calendar deadlines to govern notice,
claims administration, and the motions for attorneys' fees
and final approval; and
4. Schedules a final fairness hearing for Oct. 16, 2025, at
11:00 a.m. in Courtroom 805.
The cost and complexity of litigation so far, coupled with the
inherent complexity of at least some of the class's claims, and the
meaningful collectability risks, convinces the Court that the
costs, risks, and delays of further litigation favor settlement.
The Plaintiffs seek to tweak the already-certified class definition
to the following:
"Plaintiffs and all other persons and entities in Ohio and
Kentucky, individually and collectively, that invested in
real property and were named as beneficiaries to a trust
created through a real estate transaction engaged in by,
through, or with any of the Defendants named herein during
the Class Period."
"Class Period" means from Feb. 1, 2013, through May 24,
2019.
Excluded from the Class are: Defendants and their past or
present officers, employees, agents, directors, lawyers, and
immediate family members; judicial officers and their
immediate family members and associated Court staff assigned
to this case; and any entities owned or controlled by an
individual excluded from the Class.
Build Realty is a real estate agency, specializing in residential
and commercial property transactions.
A copy of the Court's opinion and order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=NQPqac
at no extra charge.[CC]
CHUNG LEE: Loses Bid for Summary Judgment v. Knight
---------------------------------------------------
In the class action lawsuit captioned as Knight v. Lee, Case No.
1:23-cv-05662 (S.D.N.Y.), the Hon. Judge Loretta Preska entered an
order on the motions for summary judgment as follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=c9kwRx
at no extra charge.[CC]
CLIPPER REALTY: Sanchez Seeks More Time to File Class Cert. Bid
---------------------------------------------------------------
In the class action lawsuit captioned as Sanchez v. Clipper Realty,
Inc. et al., Case No. 1:21-cv-08502-KPF (S.D.N.Y.), the Plaintiff
asks the Court to enter an order granting an additional one (1)
week extension regarding the briefing of parties' motions for
summary judgment, and Plaintiff's class certification motion.
The Plaintiff's briefing of these motions was slightly delayed as
the Plaintiff's counsel was out unwell for a portion of last week
and due to the voluminous records being distilled for the Court's
review. For these reasons, I am seeking an additional one (1) week
to fully address all of the issues presented in this matter, and to
fully prepare all relevant discovery for the Court’s review. In
accordance with this extension, the new briefing schedule for the
Plaintiffs' summary judgment motion and class certification motion
is listed out below:
-- The Plaintiffs' moving papers for a summary judgment motion
and class certification motion is one (1) weeks from April 2,
2025, to April 9, 2025.
-- The Defendants' cross-motion for summary judgment and
opposition to class certification would receive a reciprocal
one (1) week extended from May 8, 2025.
-- The Plaintiffs' response and reply is extended from to May 15,
2025, to May 22, 2025.
-- The Defendant's reply is extended from May 22, 2025, to May
29, 2025.
The extension will permit Plaintiffs to fully address all issues as
well as properly organize and present all relevant facts for the
Court's review.
The Defendants' counsel has consented to this extension, and this
is the second extension of time requested by the Plaintiffs'
counsel for the filing of the above two (2) motions.
Clipper operates as a real estate investment company.
A copy of the Plaintiff's motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=26uO6C at no extra
charge.[CC]
The Plaintiff is represented by:
Robert A. Kansao, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
E-mail: cklee@leelitigation.com
COLORADO CHRISTIAN: Herrera Sues Over Blind-Inaccessible Website
----------------------------------------------------------------
Edery Herrera, on behalf of himself and all other persons similarly
situated v. COLORADO CHRISTIAN UNIVERSITY, Case No. 1:25-cv-02611
(S.D.N.Y., March 31, 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://www.ccu.edu, including all portions thereof or accessed
thereon, including, but not limited to,
https://www.ccu.edu/athletics (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 the
computer.
COLORADO CHRISTIAN UNIVERSITY, operates the CCU online interactive
Website and retail store across 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.lega
COMMUNITY HEALTH CENTER: Dallape Suit Removed to D. Connecticut
---------------------------------------------------------------
The case captioned as Gregory Dallape, individually and on behalf
of those similarly situated v. Community Health Center, Inc., Case
No. FST-CV25-6072023-S was removed from the Connecticut Superior
Court, Judicial District of Stamford at Norwalk, to the U.S.
District Court for the District of Connecticut on March 31, 2025.
The District Court Clerk assigned Case No. 3:25-cv-00511 to the
proceeding.
The nature of suit is stated as Other P.I.
Community Health Center, Inc. (CHC) -- https://www.chc1.com/ -- has
been building a world-class primary healthcare system for uninsured
and underinsured populations.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Philip H. Bieler, Esq.
BAKER & HOSTETLER LLP - NY
45 Rockefeller Plaza
New York, NY 10111
Phone: (212) 847-2868
Fax: (212) 589-4201
Email: pbieler@bakerlaw.com
DAVID DINELLO: Loses Summary Judgment Bid v. Dockery
----------------------------------------------------
In the class action lawsuit captioned as Dockery v. David Dinello
et al., Case No. 1:23-cv-05658 (S.D.N.Y.), the Hon. Judge Loretta
Preska entered an order on the motions for summary judgment as
follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=nYRQxQ
at no extra charge.[CC]
DELTA DENTAL: Weiler Privacy Suit Removed to N.D. Cal.
------------------------------------------------------
The case styled ERIN WEILER, individually and on behalf of all
others similarly situated, Plaintiff v. DELTA DENTAL OF CALIFORNIA,
a California mutual benefit nonprofit corporation; DOES 1-100,
inclusive, Defendants, Case No. CGC-25-622474, was removed from the
Superior Court of the State of California, County of San Francisco
to the United States District Court for the Northern District of
California on March 26, 2025.
The Clerk of the District Court for the Northern District of
California assigned Case No. 3:25-cv-02846 to the proceeding.
The Plaintiff alleges that data related to website visitors' visits
to DDC's website are intercepted and transmitted to third parties
without the visitors' consent. The Complaint brings causes of
action for (1) negligence, (2) breach of fiduciary duty, (3) breach
of confidence, (4) unjust enrichment, (5) violation of the
California Invasion of Privacy Act, (6) violation of California
Unfair Competition Law, and (7) violation of the Electronic
Communications Privacy Act.
Delta Dental of California is an insurance agency in
California.[BN]
The Defendant is represented by:
Wynter L. Deagle, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
12275 El Camino Real, Suite 100
San Diego, CA 92130-4092
Telephone: (858) 720-8900
Facsimile: (858) 509-3691
E-mail: wdeagle@sheppardmullin.com
- and -
Samuel Z. Hyams-Millard, Esq.
SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
Four Embarcadero Center, 17th Floor
San Francisco, CA 94111-4109
Telephone: (415) 434-9100
Facsimile: (415) 434-3947
E-mail: shyams-millard@sheppardmullin.com
DREXEL BUILDING: Final Certification of Collective Action Sought
----------------------------------------------------------------
In the class action lawsuit captioned as Amber Kidd On behalf of
Herself and all others similarly situated, v. Drexel Building
Supply, Inc., Drexel Systems, LLC., Case No. 3:24-cv-00356-wmc
(W.D. Wis.), the Parties ask the Court to enter an order:
-- granting final certification for a FLSA opt-in collective
action including the following:
"All individuals who, while they were employed as hourly non-
exempt employees by either Drexel Building Supply, Inc. or
Drexel Systems, LLC during the period of May 29, 2022 through
the date the Court grants preliminary approval to the parties'
settlement agreement; (the "Class Period") either (a) received
a payment because of their participation in the Drexel Book
Club; (b) received a payment from the Focus on Family Program;
and/or (c) received backpay because Drexel adjusted their
punch-in times or meal break punch-in times before computing
their number of hours worked; and who opts into the Lawsuit by
either filing a Consent to Join Form or cashing their
settlement check(s) (collectively, the "FLSA Collective";
individually, a "Collective Member")";
-- granting certification pursuant to Rule 23 for an opt-out
class including the following:
"All individuals who, while they were employed as hourly non-
exempt employees by either Drexel Building Supply, Inc. or
Drexel Systems, LLC during the Class Period, either (a)
received a payment because of their participation in the
Drexel Book Club; (b) received a payment from the Focus on
Family Program; and/or (c) received backpay because Drexel
adjusted their punch-in times or meal break punch-in times
before computing their number of hours worked; who do not
timely opt out of the settlement. (collectively, the "Rule 23
Class"; individually, a "Class Member")."
Drexel is a provider of building materials and services to
professional contractors and homeowners.
A copy of the Parties' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=CXmpuc at no extra
charge.[CC]
The Plaintiff is represented by:
Yingtao Ho, Esq.
THE PREVIANT LAW FIRM, S.C.
310 West Wisconsin Avenue, Suite 100MW
Milwaukee, WI 53203
Telephone: (414) 271-4500
Facsimile: (414) 271-6308
E-mail: yh@previant.com
The Defendants are represented by:
Erick Kaplan, Esq.
KAPLAN & GOURNIS, P.C.
One South Wacker Drive, Suite 2400
Chicago, IL 60606
Telephone: (312) 726-0531
Facsimile: (312) 726-4928
E-mail: ekaplan@kpglaw.com
EAGLE FAMILY: Court Remands Ortiz Suit to NY State Court
--------------------------------------------------------
In the class action lawsuit captioned as CARLOS ORTIZ II,
individually and on behalf of all others similarly situated, v.
EAGLE FAMILY FOODS GROUP LLC, Case No. 1:24-cv-09861-JLR
(S.D.N.Y.), the Hon. Judge Jennifer Rochon entered an order
granting the Plaintiff's motion to remand.
The Defendant's motion to dismiss is denied without prejudice as
moot.
The Clerk of Court is directed to terminate the motions at Dkts. 4
and 12. The action is remanded to New York state court.
Since the Defendant has not met its burden to establish that the
amount in controversy exceeds $5,000,000, the Court is without
jurisdiction and must grant the motion to remand.
The Plaintiff commenced this putative class action in New York
state court against the Defendant, alleging violations of New York
General Business Law Sections 349 and 350 in connection with the
alleged misbranding of Defendant's product, Popcorn Indiana Movie
Theater Butter Popcorn. The Defendant then removed this action to
federal court.
The Defendant manufactures, labels, markets, packages, distributes
and/or sells "Movie Theater Butter" popcorn under the Popcorn
Indiana brand.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=pcGtp0
at no extra charge.[CC]
EDFINANCIAL SERVICES: Filing for Class Cert in Bailey Due July 31
-----------------------------------------------------------------
In the class action lawsuit captioned as Bailey v. EdFinancial
Services, LLC, Case No. 4:24-cv-00144 (N.D. Ga., Filed June 6,
2024), the Hon. Judge William M. Ray, II entered an order on motion
for extension of time to complete discovery:
-- Plaintiff's motion for class July 31, 2025
certification:
-- Defendant's opposition to class Aug. 28, 2025
certification:
-- Plaintiff's reply in support Sept. 18, 2025
of class certification:
-- Discovery ends: Oct. 29, 2025
-- Expert discovery: Jan. 29, 2026
-- Motions for summary judgment: March 2, 2026
The suit alleges violation of the Fair Credit Reporting Act.
EdFinancial is a financial company which provides student loans
servicing.[CC]
EIDP INC: Court Extends Class Cert Deadlines in Caporale Suit
-------------------------------------------------------------
In the class action lawsuit captioned as CANDY CAPORALE, et al., v.
EIDP, INC., et al., Case No. 1:19-cv-01672-JLH-SRF (D. Del.), the
Hon. Judge Sherry Fallon entered an order extending the class
certification deadlines as follows:
-- Plaintiffs' opposition to the Defendants' May 2, 2025
Motions to exclude and/or strike Plaintiffs'
Class certification experts:
-- Defendants' opposition to the Plaintiffs' May 23, 2025
Objections to the Class Cert. Expert:
EIDP operates as an agricultural chemical company.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rBWBIY at no extra
charge.[CC]
The Plaintiffs are represented by:
Thomas Crumplar, Esq.
JACOBS & CRUMPLAR, P.A.
750 Shipyard Drive, Suite 200
Wilmington DE 19801
Telephone (302) 656-5445
E-mail: tom@jcdelaw.com
The Defendants are represented by:
Catherine A. Gaul, Esq.
Andrew Colin Mayo, Esq.
Randall J. Teti, Esq.
ASHBY & GEDDES, P.A.
500 Delaware Avenue – Floor 8
Wilmington DE 19801
Telephone: (302) 654-1888
E-mail: cgaul@ashbygeddes.com
amayo@ashbygeddes.com
rteti@ashbygeddes.com
- and -
Brian D. Tome, Esq.
REILLY, McDEVITT & HENRICH, P.C.
1013 Centre Road – Suite 210
Wilmington DE 19805
Telephone: (302) 777-1700
E-mail: btome@rmh-law.com
- and -
Gerry Gray, Esq.
DOROSHOW, PASQUALE,
KRAWITZ & BHAYA
14 Village Square
Smyrna DE 19977
Telephone: (302) 508-2140
E-mail: GerryGray@dplaw.com
ENERGY FUEL: Faces Rojano Wage-and-Hour Suit in E.D.N.Y.
--------------------------------------------------------
SIMON ROJANO, individually and on behalf of others similarly
situated, Plaintiff v. ENERGY FUEL CAFE, INC. (d/b/a ENERGY FUEL
CAFE) and SONY BARIBARI, Defendants, Case No. 1:25-cv-01668
(E.D.N.Y., March 26, 2025) arises from the Defendants' alleged
unlawful labor policies and practices in violation of the Fair
Labor Standards Act and the New York Labor Law.
The Plaintiff alleges the Defendants' failure to pay minimum and
overtime wages, failure to pay spread-of-hours compensation,
failure to provide written wage notice, failure to furnish wage
statements, and failure to reimburse costs and expenses for
purchasing and maintaining equipment and "tools of trade."
Plaintiff Romano is a former employee of the Defendants who was
employed as a delivery worker from approximately 2016 until January
11, 2025.
Energy Fuel Café, Inc. owns, operates, and controls a restaurant
located in Brooklyn, New York.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
EXPEDIA GROUP: Loses Bid for Summary Judgment v. Echevarria
-----------------------------------------------------------
In the class action lawsuit captioned as MARIO ECHEVARRIA, v.
EXPEDIA GROUP, INC., HOTELS.COM L.P., HOTELS.COM GP, LLC, and
ORBITZ, LLC, Case No. 1:19-cv-22621-FAM (S.D. Fla.), the Hon. Judge
Federico Moreno entered an order denying the Defendants' motion for
summary judgment and denying the Plaintiff's motion for partial
summary judgment.
The Plaintiff, Mario Echevarria, is a U.S. national who claims he
inherited a claim to an island off the coast of Cuba called Cayo
Coco. He claims that Defendants, Expedia Group, Inc., Hotels.com,
and Orbitz trafficked his property by entering into contracts to
sell reservations at three hotels that are currently operating on
the land he claims his ancestors owned.
The Defendants move for summary judgment arguing that Plaintiff
cannot establish that he owns a claim to Cayo Coco under Cuban law
and that the record evidence fails to establish he inherited his
claim. Defendants also move for summary judgment on the Act's
trafficking prong claiming the record evidence fails to establish
scienter as required by the Act and that Defendants sold
reservations after having notice of the claim. Defendant Expedia
Group, Inc. also moves for summary judgment claiming that as a
parent company, it is not liable for the acts of its subsidiaries.
Finally, the Defendants' motion for summary judgment argues the
record evidence does not establish damages. The Plaintiff also
filed a motion for partial summary judgment as to the affirmative
defenses, which include the lawful travel defense. Because the
Court finds there are issues of foreign law that must be determined
pursuant to Federal Rule of Civil Procedure 44.1 and there are
genuine issues of material fact, the Court denies the motions for
summary judgment.
The Plaintiff filed a motion for summary judgment as to the 15
affirmative defenses. Given that the Court is allowing the case to
proceed to trial, the Court will not limit the Defendants from
presenting their affirmative defenses, which includes their
defenses that the bookings they offered were incident to lawful
travel to Cuba and that their conduct was authorized by a license
issued by the Office of Foreign Asset Control. Accordingly, the
Court denies the Plaintiff's Motion for Partial Summary Judgment on
the Affirmative Defenses.
Expedia provides online travel services for leisure and small
business travelers.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=BgANSK at no extra
charge.[CC]
FALCON TRANSPORT: Class Settlement in Chavez Gets Final Nod
-----------------------------------------------------------
In the class action lawsuit captioned as MARY CHAVEZ, et al., v.
FALCON TRANSPORT CO., et al., Case No. 4:19-cv-00958-JPC (N.D.
Ohio), the Hon. Judge J. Philip Calabrese entered an order granting
class certification, final approval of settlement, and associated
relief.
The Court orders that the settlement agreement be implemented
according to its terms and conditions and:
-- certifies the Rule 23 class for purposes of the settlement;
-- appoints Mary E. Olsen and M. Vance McCrary of The Gardner
Firm, P.C.; Robert J. Dubyak and Christina C. Spallina of
Dubyak Nelson, LLC; Stuart Miller of Lankenau & Miller, LLP;
and James M. Kelley, III and Gary Cowan of Elk & Elk Co.
Ltd.as class counsel;
-- approves the payment of $400,000 to the class;
-- approves the release of the Plaintiffs' claims; awards Mary E.
Olsen and M. Vance McCrary of The Gardner Firm, P.C.; Robert
J. Dubyak and Christina C. Spallina of Dubyak Nelson, LLC;
Stuart Miller of Lankenau & Miller, LLP; and James M. Kelley,
III and Gary Cowan of Elk & Elk Co. Ltd. $128,000;
-- approves the payment of 27,827.98; and
-- approves the $4,000.00 service awards to the Representative
Plaintiffs.
The Court finds that a class action is a superior method for
adjudicating the claims of the class. Satisfied that they meet the
requirements of Rule 23(a) and Rule 23(b)(3), the Court certifies
the Rule 23 class for purposes of settlement.
On Oct. 21, 2019, four named plaintiffs filed a master consolidated
amended class action complaint alleging that the Defendants
terminated them without receiving sixty-day notice, breached their
fiduciary duties, failed to submit to the Falcon Transport/GD
Leasing Co. of Indiana Group Health Plan, and committed other
violations pursuant to the Worker Adjustment and Retraining
Notification Act ("WARN"), and the Employee Retirement Income
Security Act ("ERISA").
Falcon is a trucking company.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OvqbIf at no extra
charge.[CC]
FARHA ROOFING: Court Certifies Settlement Class in Ford
-------------------------------------------------------
In the class action lawsuit captioned as BRIANNA FORD, on behalf of
herself and all others similarly situated, v. FARHA ROOFING, LLC,
FARHA ROOFING KC, LLC and SUMMA MEDIA, LLC., Case No.
4:23-cv-00635-FJG (W.D. Mo.), the Hon. Judge Fernando Gaitan, Jr.
entered an order preliminarily certifying, for settlement purposes
only, as a class action on behalf of the following class of
plaintiffs (the "Settlement Class Members") with respect to the
claims asserted in this action:
"All persons throughout the United States (1) to whom Summa
Media, LLC, Farha Roofing, LLC, or Farha Roofing KC, LLC
delivered, or caused to be delivered, more than one text
message within a 12-month period, promoting Farha Roofing,
LLC's or Farha Roofing KC, LLC's or their business partners'
goods or services, (2) from Sept. 13, 2019 to Oct. 16, 2024,
and (3) whose residential telephone number is included in the
Settlement Class Data.
Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the
Court preliminarily appoints Brianna Ford as the class
representative and Alex D. Kruzyk and Bryan A. Giribaldo of
Pardell, Kruzyk & Giribaldo, PLLC as Class Counsel.
The Court will conduct a hearing on July 15, 2025 at 10:00 a.m.
Accordingly, for the reasons stated above, Farha's motion to strike
class allegations is denied; Farha's motion to dismiss for failure
to state a claim is denied; Summa's motion to dismiss for failure
to state a claim is denied; Brianna Ford's motion for leave to file
excess pages is granted and Brianna Ford's motion to certify class
and for preliminary approval of class settlement is granted.
Farha provides residential roofing repair and replacement.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ljGtRD at no extra
charge.[CC]
FIRST FEDERAL: Seeks Denial of Summey Class Certification Bid
-------------------------------------------------------------
In the class action lawsuit captioned as DAWN DEMAS SUMMEY, on
behalf of herself and others similarly situated, v. FIRST FEDERAL
BANK, Case No. 6:24-cv-01862-PGB-RMN (M.D. Fla.), the Defendant
asks the Court to enter an order denying class certification.
FFB states as follows: There is no amount of evidence that will
enable the Plaintiff to ever meet her burden of establishing the
requisite elements to certify a class under Fed. R. Civ. P. 23.
Discovery will not change the result, and so this Court should
enter an order denying certification of the Plaintiff's proposed
classes at this point.
FFB incorporates by reference the contemporaneously filed
Memorandum of Law in Support of the Motion to Deny Class
Certification.
The Plaintiff alleges that FFB's calls to her phone number violated
the Telephone Consumer Protection Act ("TCPA"), and the Florida
Telephone Solicitations Act ("FTSA").
The Plaintiff seeks to represent a TCPA "Do-Not-Call" class, a TCPA
pre-recorded message class, and an FTSA class. All three classes
proposed by Plaintiff would consist of
"Individuals who had navigated to the LendingTree website,
entered their contact information and loan request and then
consented to be contacted to discuss a potential loan."
FFB is a bank that, among other services, provides mortgage
products.
A copy of the Defendant's motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=sPCIza at no extra
charge.[CC]
The Plaintiff is represented by:
The Defendant is represented by:
Alexis Buese, Esq.
Stephen C. Parsley, Esq.
BRADLEY ARANT BOULT CUMMINGS LLP
1001 Water Street, Suite 1000
Tampa, FL 33602-5809
Telephone: (813) 559-5500
E-mail: abuese@bradley.com
jcannon@bradley.com
sparsley@bradley.com
FIRSTSOURCE SOLUTIONS: Court Excludes Woolfson's Declaration
------------------------------------------------------------
In the class action lawsuit captioned as Leon Mosier, individually
and on behalf of all others similarly situated, v. Firstsource
Solutions USA LLC, Case No. 3:23-cv-01343-JJH (N.D. Ohio), the Hon.
Judge Jeffrey Helmick entered an order granting Firstsource's
motion to exclude the Plaintiff's expert witness Aaron Woolfson's
first supplemental declaration as to the discussion of the LiveVox
records and to exclude his second supplemental declaration as
untimely.
The Court also deny the motion as the sections of the first
supplemental declaration that discuss the updated call and consent
records. I further deny Mosier's motion for class certification.
Firstsource operates as a real estate services.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=iC5HzI at no extra
charge.[CC]
FLORIDA: Court Dismisses Americas' Class Suit
---------------------------------------------
In the class action lawsuit captioned as ALIANZA AMERICAS, YANET
DOE, PABLO DOE, and JESUS DOE on behalf of themselves and all
others similarly situated, v. RONALD D. DESANTIS, Governor of
Florida, in his personal capacity; LAWRENCE A. KEEFE, Florida
Public Safety Czar, in his personal capacity; JAMES UTHMEIER, Chief
of Staff to Florida Governor, in his personal capacity; JAMES
MONTGOMERIE; PERLA HUERTA; and VERTOL SYSTEMS COMPANY, INC., Case
No. 1:22-cv-11550-ADB (D. Mass.), the Hon. Judge Allison Burroughs
entered an order granting the Defendants' motions to dismiss for
lack of personal jurisdiction.
The Court retains jurisdiction over Vertol. The Plaintiffs' motion
for jurisdictional discovery is denied. The Defendants' motion to
transfer is denied as moot.
Because Plaintiffs fail to establish that Vertol's conduct can be
imputed to any of the Individual State Defendants, and because
their contacts are insufficient to establish jurisdiction under the
Massachusetts long-arm statute, their motion to dismiss is
granted.
The Plaintiffs allege that, between Sept. 14, 2022—the day of the
flights—and Sept. 19, 2022, Fenske engaged in media outreach
regarding the Flights, some of which the Plaintiffs allege was
specifically directed at Massachusetts media outlets.
Alianza is a non-profit corporation that provides "programming and
resources to immigrant communities, immigrant-serving
organizations, state and local officials, and the public concerning
issues of immigration, human rights, and democratic
participation."
A copy of the Court's memorandum and order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=rwLtYP
at no extra charge.[CC]
FORD MOTOR: Bid to Compel Arbitration Granted in McCabe Lawsuit
---------------------------------------------------------------
In the class action lawsuit captioned as DANIEL MCCABE, et al.,
individually and on behalf of all others similarly situated, v.
FORD MOTOR COMPANY, Case No. 1:23-cv-10829-FDS (D. Mass.), the Hon.
Judge F. Dennis Saylor IV entered an order that:
1. The Defendant's motion to compel arbitration is granted as
to the claims of the plaintiffs Peter Adduci, Richard
Bunger, Cruz Garza, James Grier, Julie and Todd Haworth,
Richard Metz, Steve Ropieski, Matthew Skole, Bridgett
Thompson, Brian and Kelly Wolfe, Jeffrey Wright, Justin and
Erin Barlup, and Pablo Martinez. Those plaintiffs' claims
are stayed pending further arbitration proceedings.
2. The Defendant's motion to compel arbitration is granted as
to the claims of plaintiffs Daniel Wright and Daniel McCabe
for breach of the implied warranty of merchantability,
fraudulent misrepresentation, and violation of Mass. Gen.
Laws ch. 93A. Those claims are stayed pending further
arbitration proceedings.
3. The Defendant's motion to compel arbitration is denied
without prejudice as to the claims of plaintiff Shannon
Hartman. Those claims are severed from the present action
and transferred to the United States District Court for the
Central District of California for resolution of the
arbitration issue.
The Plaintiffs have brought suit against defendant Ford Motor
Company. They represent putative classes of purchasers and lessees
of Ford vehicles equipped with a 10R80 10-speed automatic
transmission.
According to the consolidated complaint, the transmission "can
shift harshly and erratically, causing the vehicle to jerk, lunge,
clunk, and hesitate between gears."
Ford is an American multinational automobile manufacturer.
A copy of the Court's memorandum and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=3q3Cj3
at no extra charge.[CC]
FORD MOTOR: Court Narrows Claims in McCabe Amended Complaint
------------------------------------------------------------
In the class action lawsuit captioned as DANIEL MCCABE, et al.,
individually and on behalf of all others similarly situated, v.
FORD MOTOR COMPANY, Case No. 1:23-cv-10829-FDS (D. Mass.), the Hon.
Judge F. Dennis Saylor IV entered an order granting in part and
denying in part the Ford's motion to dismiss the amended
consolidated class action complaint
As set forth in the Memorandum and Order on the Defendant's Motion
to Compel Arbitration, filed March 28, 2025, the claims of certain
identified plaintiffs are being stayed pending arbitration, and the
claim of plaintiff Shannon Hartman is being severed from the
present action and transferred to the United States District Court
for the Central District of California for resolution of
defendant’s motion to compel arbitration. As to the claims of
those Plaintiffs, the motion to dismiss is denied without prejudice
to its renewal should those claims be litigated, rather than
arbitrated, at a future time.
The motion to dismiss is granted as to the claims of all
plaintiffs, other than the Arbitration Plaintiffs and the Severed
and Transferred Plaintiff, asserted in Count 1 (Breach of Express
Warranty).
The motion to dismiss is granted as to the claims of all
plaintiffs, other than the Arbitration Plaintiffs, the Severed and
Transferred Plaintiff, and Massachusetts plaintiff Jeffrey Pollack,
asserted in Count 5 (Fraud), to the extent the claims are based on
an alleged affirmative misrepresentation.
Ford Motor is an American multinational automobile manufacturer.
A copy of the Court's memorandum and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=j9g3uS
at no extra charge.[CC]
FRANKLIN COUNTY, OH: Court Extends Time to File Additional Exhibits
-------------------------------------------------------------------
In the class action lawsuit captioned as Smith-Journigan et al v.
Franklin County, Ohio, Case No. 2:18-cv-00328 (S.D. Ohio, Filed
April 11, 2018), the Hon. Judge Michael H. Watson entered an order
granting motion for extension of time to file additional exhibits
to the Plaintiff's renewed motion for class certification.
The suit alleges violation of the Civil Rights Act.[CC]
GARDA CL SOUTHEAST: Class Settlement in Cravens Gets Initial Nod
----------------------------------------------------------------
In the class action lawsuit captioned as ANDRE CRAVENS, RYAN
GAWRONSKI, DIANNA J. VIVEROS, GWENDOLYN KENNEDY, JEREMY ANGELLE and
JOSEPH TYLER HALEY, individually and on behalf of all others
similarly situated, v. GARDA CL SOUTHEAST, INC., GARDA, CL GREAT
LAKES, INC., GARDA CL CENTRAL, INC., GARDA CL SOUTHWEST, INC., AND
GARDAWORLD CASH SERVICES, INC. D/B/A GARDAWORLD CASH U.S., Case No.
9:24-cv-80400-BER (S.D. Fla.), the Hon. Judge Bruce Reinhart
entered an order granting the Plaintiffs' unopposed motion for
preliminary approval of class action settlement.
1. The Court provisionally certifies the following Settlement
Class for settlement purposes only, finding it is likely to
final certify it at the final approval stage:
"All living individuals residing in the United States who
the Defendant sent or attempted to send a notice that their
Private Information may have been impacted in the Data
Incident."
The Settlement Class specifically excludes: (a) all persons
who are directors or officers of Defendants; (b)
governmental entities; and (c) the Judge assigned to the
Action, that Judge's immediate family, and Court staff; and
(d) any individual who timely and validly opts-out of the
Settlement.
2. The Plaintiffs Andre Cravens, Ryan Gawronski, Dianna J.
Viveros, Gwendolyn Kennedy, and Jeremy Angelle are
designated and appointed as the Class Representatives.
3. John A. Yanchunis of Morgan & Morgan and Jeff Ostrow of
Kopelowitz Ostrow P.A. are designated as Class Counsel
pursuant to Fed. R. Civ. P. 23(g).
4. A Final Approval Hearing shall take place before the Court
on Sept. 10, 2025, at 10:00 a.m.
Garda provides detective, guard, and armored car services.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9CcoPO at no extra
charge.[CC]
GENERAL MOTORS: Court Narrows Claims in Miller SAC
--------------------------------------------------
In the class action lawsuit captioned as Jason Miller et al., on
behalf of himself and all others similarly situated, v. General
Motors, LLC, Case No. 2:22-cv-12739-JJCG-KGA (E.D. Mich.), the Hon.
Judge Jonathan J.C. Grey entered an order granting in part and
denying in part the Defendant's motion to dismiss the Plaintiff's
second amended complaint.
Additionally, General Motors' motion to dismiss additional specific
claims is denied as moot because plaintiffs have voluntary
dismissed the following claims: all claims based on Indiana and
Ohio law, including General Counts II, III, and VI as to Indiana
and Ohio, Indiana Counts I, II, and III and Ohio Counts I and II;
Illinois Count II; Maryland Count IV; and Michigan Count III.
Because Colley's section 349 claim based on GM's conduct before or
around the time of sale is time-barred and Colley lacks an
alternative section 349 claim, the Court DISMISSES the NY GBL
section 349 claim.
Because Broennan fails to specify an allegedly deceptive
advertisement or communication that she received from GM, the Court
DISMISSES the ICFA claim.
The Plaintiff Jason Miller and 19 other named plaintiffs, on behalf
of themselves and others similarly situated, filed a complaint
against the Defendant for allegedly selling and failing to repair a
defective vehicle: the second-generation Chevrolet Volt, Model
Years 2016–2019.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=iIzvtM
at no extra charge.[CC]
GENERAL MOTORS: Filing for Class Cert Bid Due July 24
-----------------------------------------------------
In the class action lawsuit captioned as GINN MOTOR COMPANY, v.
GENERAL MOTORS LLC, Case No. 1:22-cv-03773-TRJ (N.D. Ga.), the Hon.
Judge Tiffany Johnson entered an order granting the Plaintiff's
motion for clarification of schedule.
The Plaintiff seeks clarification on the deadlines to file a motion
for class certification and any motion for summary judgment. The
remaining schedule will be as follows:
-- If the parties are unable to reach a settlement by April 30,
2025, the parties shall have until May 30, 2025, to complete
discovery.
-- A motion for class certification shall be due on or before
July 24, 2025. Responses shall be due within 30 days of
service of any motion for class certification, and replies
shall be due within 30 days of service of any responses.
-- Summary judgment motions shall be due on or before July 24,
2025. Responses shall be due within 30 days of service of any
motion for summary judgment, and replies shall be due within
30 days of service of any responses.
-- The proposed consolidated pretrial order shall be due within
30 days of the Court's ruling on the motion for class
certification and any motion for summary judgment.
General Motors is an American multinational automotive
manufacturing company.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mYv3ls at no extra
charge.[CC]
GRAND AMERICA: Seeks Leave to File Class Cert Opposition
--------------------------------------------------------
In the class action lawsuit captioned as JANN DESCANZO, et al., v.
GRAND AMERICA HOTELS & RESORTS, INC., et al., Case No.
2:19-cv-00443-HCN-DBP (D. Utah), the Defendants ask the Court to
enter an order granting motion for leave to file an overlength
opposition to Plaintiffs' motion for class certification.
The Plaintiffs moved to certify a class on February 24, 2025. The
Plaintiffs carry the burden of showing all four requirements under
Rule 23(a) (numerosity, commonality, typicality, and adequacy) as
well as two requirements under Rule 23(c) (predominance and
superiority).
The Defendants challenge whether Plaintiffs have made the requisite
showing on any of these six requirements. In addition, Plaintiffs
are asserting three separate claims under three separate federal
statutes.
A copy of the Defendants' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EuWu5w at no extra
charge.[CC]
The Plaintiffs are represented by:
P. Alex McBean, Esq.
ALEX MCBEAN LAW OFFICE PLLC
P.O. Box 1726
505 South Main Street
Bountiful, Utah 84010
E-mail: alex@alexmcbeanlaw.com
- and -
Alexander N. Hood, Esq.
TOWARDS JUSTICE
1410 High Street, Suite 300
Denver, Colorado 80218
alex@towardsjustice.org
- and -
Elizabeth A. Adams, Esq.
Beth E. Terrell, Esq.
TERRELL MARSHALL LAW GROUP
936 North 34th Street, Suite 300
Seattle, WA 98103-8869
E-mail: eadams@terrellmarshall.com
bterrell@terrellmarshall.com
The Defendants are represented by:
Matthew R. Lewis, Esq.
Stephen Richards, Esq.
KUNZLER BEAN & ADAMSON, PC
50 W. Broadway, 10th Floor
Salt Lake City, UT 84101
Telephone: (801) 994-4646
E-mail: mlewis@kba.law
srichards@kba.law
- and -
Brett L. Tolman, Esq.
TOLMAN GROUP
Salt Lake City, Utah
Office@TolmanGroup.com
Telephone: (801) 639-9840
GREEN DOT: Trial in Koffsmon Class Suit Set for February 2027
-------------------------------------------------------------
Green Dot Corp. disclosed in its Form 10-K Report for the annual
period ending December 31, 2024 filed with the Securities and
Exchange Commission on March 3, 2025, that the trial for Koffsmon
class suit is scheduled to start in February 2027.
On December 18, 2019, an alleged class action entitled Koffsmon v.
Green Dot Corp., et al., No. 19-cv-10701-DDP-E, was filed in the
United States District Court for the Central District of
California, against the Company and two of its former officers. The
suit asserts purported claims under Sections 10(b) and 20(a) of the
Exchange Act for allegedly misleading statements regarding its
business strategy.
Plaintiff alleges that defendants made statements that were
misleading because they allegedly failed to disclose details
regarding its customer acquisition strategy and its impact on its
financial performance.
The suit is purportedly brought on behalf of purchasers of its
securities between May 9, 2018 and November 7, 2019, and seeks
compensatory damages, fees and costs.
On October 6, 2021, the Court appointed the New York Hotel Trades
Council & Hotel Association of New York City, Inc. Pension Fund as
lead plaintiff, and on April 1, 2022, plaintiff filed its First
Amended Complaint. Defendants filed a motion to dismiss the First
Amended Complaint on May 31, 2022, and the motion was denied on
March 29, 2024.
The trial on these claims is currently scheduled to begin in
February 2027.
Green Dot Corporation and its consolidated subsidiaries is a
financial technology and registered bank holding company providing
a broad set of financial services to consumers and businesses
including debit, checking, credit, prepaid, and payroll cards, as
well as robust money processing services, such as tax refunds, cash
deposits and disbursements.
HUMANA INC: Elliot's Bid to Exclude Daley's Testimony Tossed
------------------------------------------------------------
In the class action lawsuit captioned as Elliot v. Humana, Inc.,
Case No. 3:22-cv-00329-RGJ-CHL (W.D. Ky.), the Hon. Judge Rebecca
Grady Jennings entered an order denying Elliot's motion to Exclude
Daley's testimony.
Accordingly, Daley's opinion is reliable. Because the Court finds
Daley to be sufficiently qualified, and her opinions reliable and
relevant, Elliot's motion to exclude Daley's testimony is denied.
Elliot sued Humana for violating the Telephone Consumer Protection
Act. The Plaintiff alleges Humana telephoned Elliot numerous times
despite not being a Humana customer and after being informed that
Humana had the wrong number.
Elliot seeks to certify his claims as a class action, alleging
other individuals have similarly received repetitive robocalls from
Humana over a four-year period.,
Humana is an American for-profit health insurance company.
A copy of the Court's memorandum opinion and order dated March 28,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=qaXsfy at no extra charge.[CC]
INTEL CORP: Corrected Scheduling Order Entered in Berkeley
----------------------------------------------------------
In the class action lawsuit captioned as GREGG BERKELEY, on behalf
of himself and all others similarly situated, v. INTEL CORPORATION
and the ADMINISTRATIVE COMMITTEE OF THE INTEL MINIMUM PENSION PLAN,
Case No. 5:23-cv-00343-EJD (N.D. Cal.), the Hon. Judge Edward
Davila entered a corrected scheduling order:
-- The current deadline for Filing Reply to Class Certification
was April 7, 2025, rather than April 15, 2025.
-- The Court granted the parties' January 9, 2025 stipulation.
Intel is an American multinational corporation and technology
company.
A copy of the Court's order dated March 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=G2JlaP at no extra
charge.[CC]
The Plaintiff is represented by:
Michelle C. Yau, Esq.
Daniel R. Sutter, Esq.
Caroline E. Bressman, Esq.
Allison C. Pienta, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, Eighth Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: myau@cohenmilstein.com
dsutter@cohenmilstein.com
cbressman@cohenmilstein.com
apienta@cohenmilstein.com
- and -
Shaun P. Martin, Esq.
5998 ALCALA PARK, WARREN HALL
San Diego, CA 92110
Telephone: (619) 260-2347
Facsimile: (619) 260-7933
E-mail: smartin@sandiego.edu
The Defendants are represented by:
Myron D. Rumeld, Esq.
Kelly Marie Curtis, Esq.
PROSKAUER ROSE LLP
Eleven Times Square
New York, NY 10036
Telephone: (212) 969-3000
Facsimile: (212) 969-2900
E-mail: mrumeld@proskauer.com
kcurtis@proskauer.com
- and -
David S. Kurtzer-Ellenbogen, Esq.
Daniel A. Martinez, Esq.
Alexander C. Gaudio, Esq.
WILLIAMS & CONNOLLY LLP
680 Maine Ave., S.W.
Washington, DC 20024
Telephone: (202) 434-5000
Facsimile: (202) 434-5029
E-mail: dkurtzer@wc.com
gmartinez@wc.com
agaudio@wc.com
INTERNATIONAL FLAVORS: Faces Securities Suit in Israel Court
------------------------------------------------------------
International Flavors & Fragrances Inc. (IFF) disclosed in its Form
10-K for the fiscal year ended December 31, 2024, filed with the
Securities and Exchange Commission on February 28, 2025, that it is
facing a securities class action filed in the Tel Aviv District
Court, Israel, alleging, among other things, false and misleading
statements largely in connection with IFF's acquisition of Frutarom
Industries Ltd. and improper payments made by Frutarom businesses
operating principally in Russia and Ukraine to representatives of
customers. A motion to approve was filed in August 2019.
The motion, following an initial amendment, asserted claims under
the Israeli Securities Act-1968 against IFF, its former Chairman
and CEO, and its former CFO, and against Frutarom and certain
former Frutarom officers and directors, as well as claims under the
Israeli Companies Act-1999 against certain former Frutarom officers
and directors. On July 14, 2022, the court approved the parties'
motion to mediate the dispute, which postponed all case deadlines
until after the mediation. The parties held mediation meetings in
September 2022, November 2022, March 2023, November 2023, March
2024 and April 2024.
In November 2024, the court granted extensions for the filing of
the responses to the motion and for the evidentiary hearings, for
the parties to exhaust the mediation proceeding.
International Flavors & Fragrances Inc. and its subsidiaries is a
creator and manufacturer of food, beverage, health & biosciences,
scent and pharma solutions and complementary adjacent products,
including cosmetic active and natural health ingredients.
JOBBLE INC: Filing for Class Cert. Bid in Taylor Due July 18
------------------------------------------------------------
In the class action lawsuit captioned as Taylor v. Jobble, Inc.,
Case No. 1:25-cv-10018 (D. Mass., Filed Jan. 3, 2025), the Hon.
Judge Richard G. Stearns entered an order setting the following
pretrial schedule after having denied Jobble's motion to dismiss
(an Answer is due by April 14):
-- Initial disclosures required by Fed. R. Civ. P. 26(a)(1) will
be completed by April 30, 2025.
-- If there is disagreement as to the delineation of the
plaintiff class, class discovery will be completed by Jun 27,
2025.
-- Class certification motions will be filed by July 18, 2025,
with any opposition by Aug. 1, 2025.
-- If there is no disagreement as to delineation of the class
(the class parameters appear clear), all fact discovery will
be completed by Oct. 10, 2025.
-- If class discovery and certification is necessary, all fact
discovery will be completed by Dec. 5, 2025.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
Jobble offers a platform for finding part-time, full-time,
temporary, and remote job positions in multiple industries.[CC]
KALEIDA HEALTH: Must File Class Cert Response by May 15
-------------------------------------------------------
In the class action lawsuit captioned as Cleary, et al., v. Kaleida
Health, et al., Case No. 1:22-cv-00026 (W.D.N.Y., Filed Jan. 7,
2022), the Hon. Judge Jeremiah J. McCarthy entered an order
granting motion for extension of time to respond to the Plaintiffs'
motion for class certification.
-- The Defendants' response to the motion for class certification
shall be filed on or before May 15, 2025.
-- The Plaintiffs' reply, if any, shall be filed on or before
June 16, 2025.
The suit alleges violation of the Employee Retirement Income
Security Act (E.R.I.S.A.).
Kaleida Health, founded in 1998, is a not-for-profit healthcare
network that manages five hospitals in the Buffalo–Niagara Falls
metropolitan area.[CC]
KANE & MYERS: Scheduling Order in Peredia Class Suit Entered
------------------------------------------------------------
In the class action lawsuit captioned as MICHELLE PEREDIA, on
behalf of herself and all others similarly situated, v. KANE &
MYERS, PLLC, d/b/a and a/k/a THE702FIRM; MICHAEL KANE, an
individual; BRADLEY MYERS, an individual; JOEL HENGSTLER, an
individual; TAMARA HARLESS, an individual; and DOES 1 through 50,
inclusive, Case No. 2:23-cv-02132-APG-MDC (D. Nev.), the Court
entered a stipulated discovery plan and scheduling order as
follows: special scheduling review requested
Pursuant to LR 26-1(b)(1), the parties agree to complete discovery
within one hundred eighty (180) days from the Court's order on the
parties' renewed briefing -- or no later than Dec. 19, 2025.
The Plaintiff shall file her motion for class certification and/or
conditional certification of the collective action on or before:
June 18, 2025 or three (3) weeks after the Court's order on the
parties' renewed briefing—whichever is earlier.
The parties shall have until Sept. 14, 2025, to file any motions to
amend pleadings or to add parties.
The parties shall disclose their initial expert witnesses to each
other by Oct. 20, 2025, which 60 days before the discovery cut-off
date. Rebuttal expert witnesses shall be disclosed no later than
Nov. 19, 2025 which is thirty (30) days after the initial date for
disclosure of experts.
The parties shall have until Jan. 19, 2026, to file dispositive
motions, which is thirty (30) days after the discovery cut-off
date.
In the event no dispositive motions are filed, the parties shall
submit a proposed pre-trial order on or before Feb. 18, 2026.
THE702FIRM is a group of litigators in Southern Nevada specializing
in the kinds of personal injury cases.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Xxp5eB at no extra
charge.[CC]
The Plaintiff is represented by:
Jason Kuller, Esq.
Robert Montes, Jr., Esq.
RAFII & ASSOCIATES, P.C.
1120 N. Town Center Dr., Suite 130
Las Vegas, NV 89144
Telephone: (725) 245-6056
Facsimile: (725) 220-1802
E-mail: jason@rafiilaw.com
The Defendants are represented by:
Sheri M. Thome, Esq.
Holly Walker, Esq.
WILSON, ELSER, MOSKOWITZ,
EDELMAN, & DICKER LLP
6689 Las Vegas Blvd. S., Ste. 200
Las Vegas, NV 89119
KOHLS INC: Filing for Class Cert Bid in Eugenia Due Jan. 15, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as JESSICA EUGENIA VANDERZEE,
an individual and on behalf of all others similarly situated, v.
KOHLS, INC., et al., Case No. 2:25-cv-01373-FMO-KES (C.D. Cal.),
the Hon. Judge Fernando Olguin entered scheduling and case
management order as follows:
Any stipulation or motion to amend as to any claims, defenses
and/or parties shall be lodged/filed no later than June 30, 2025,
failing which it shall be deemed that party's waiver of any such
amendments in this action.
All "Doe" defendants are to be identified and named on or before
June 30, 2025, on which date all remaining "Doe" defendants will be
dismissed, unless otherwise ordered by the court upon a showing of
good cause.
All fact discovery shall be completed no later than September 30,
2025. The court does not bifurcate discovery.
All expert discovery shall be completed by December 15, 2025. The
parties must serve their Initial Expert Witness Disclosures no
later than October 14, 2025. Rebuttal Expert Witness Disclosures
shall be served no later than Nov. 14, 2025.
The parties shall complete their settlement conference before a
private mediator no later than Sept. 30, 2025.
Any motion for class certification shall be filed no later than
Jan. 15, 2026 ,sand noticed for hearing regularly under the Local
Rules.
Kohl's, Inc. operates as a specialty online retailer.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ZAlRM9 at no extra
charge.[CC]
LABORATORY CORP: Wins Bid to Exclude Otto Testimony
---------------------------------------------------
In the class action lawsuit captioned as DAMIAN MCDONALD, on behalf
of the Laboratory Corporation of America Holdings Employees'
Retirement Plan, and all others similarly situated, v. LABORATORY
CORPORATION OF AMERICA HOLDINGS, Case No. 1:22-cv-00680-LCB-JLW
(M.D.N.C.), the Hon. Judge Loretta Biggs entered an order granting
LabCorp's motion to exclude expert Al Otto, specifically as to the
contested opinions.
The Cort further entered an order that:
-- LabCorp's motion to exclude expert Ty Minnich is denied.
-- LabCorp's motion for summary judgment is denied.
Accordingly, the Court finds, that Otto's opinion related to what
is a reasonable recordkeeping fee, is not supported by any
scientific methodology, nor supported by appropriate validation,
and therefore is not reliable. This opinion will be excluded.
Therefore, this Court finds that Otto’s opinion regarding the
amount of float compensation Fidelity received does not meet the
requirements under Rule 702, as it is unreliable. This opinion will
therefore be excluded.
Thus, the Court concludes that LabCorp's Motion to Exclude Expert
Al Otto, specifically his contested opinions, is granted and
Otto’s opinions regarding reasonable record keeping fees and
float compensation received by Fidelity are excluded and will not
be considered in determining summary judgment.
The Plaintiff alleges that LabCorp breached its fiduciary duty of
prudence by: (1) selecting imprudent investments for the Plan; and
(2) failing to prudently manage and control the compensation the
recordkeeper received from the Plan.
On Aug. 18, 2022, the Plaintiff initiated this action by filing a
complaint.
The Plaintiff then filed his First Amended Complaint on Nov. 14,
2022.
LabCorp provides laboratory services used for diagnosis and
healthcare decisions.
A copy of the Court's memorandum opinion and order dated March 28,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=qaBSLR at no extra charge.[CC]
LAKEVIEW LOAN: Morrill Suit Seeks Rule 23 Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as Morrill v. Lakeview Loan
Servicing, LLC, (re LAKEVIEW LOAN SERVICING DATA BREACH
LITIGATION), Case No. 1:22-cv-20955-DPG (S.D. Fla.), the Plaintiff
asks the Court to enter an order certifying class and subclasses
under Rule 23(b)(3) or, alternatively, Rule 23(c)(4), and under
Rule 23(b)(2) for injunctive and declaratory relief.
The Plaintiffs further request that the Court appoint Plaintiffs as
Class representatives and appoint Proposed Class Counsel as Class
Counsel.
The Plaintiffs are 16 individuals who—along with over five
million other American consumers—had their highly sensitive
personally-identifiable information, including Social Security
numbers, stolen in a months' long data breach (October-December
2021) of the Defendants' shared computer network.
Lakeview Loan operates as a mortgage finance company.
A copy of the Plaintiff's motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=eTZqrI at no extra
charge.[CC]
The Plaintiff is represented by:
Julie Braman Kane, Esq.
COLSON HICKS EIDSON
255 Alhambra Circle – Penthouse
Coral Gables, FL 33134
Telephone: (305) 476-7400
Facsimile: (305) 476-7444
E-mail: julie@colson.com
- and -
John A. Yanchunis, Esq.
Ryan McGee, Esq.
Ron Podolny, Esq.
MORGAN & MORGAN COMPLEX
LITIGATION GROUP
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: jyanchunis@ForThePeople.com
rmcgee@ForThePeople.com
rpodolny@ForThePeople.com
- and -
Adam E. Polk, Esq.
Simon Grille, Esq.
Mikaela Bock, Esq.
Kristen Palumbo, Esq.
GIRARD SHARP LLP
601 California St, Ste 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
E-mail: apolk@girardsharp.com
jelias@girardsharp.com
sgrille@girardsharp.com
kmacey@girardsharp.com
- and -
Stuart A. Davidson, Esq.
Dorothy P. Antullis, Esq.
Nicolle B. Brito, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
225 NE Mizner Boulevard, Suite 720
Boca Raton, FL 33432
Telephone: (561) 750-3000
Facsimile: (561) 750-3364 (fax)
E-mail: sdavidson@rgrdlaw.com
dantullis@rgrdlaw.com
nbrito@rgrdlaw.com
- and -
M. Anderson Berry, Esq.
Gregory Haroutunian, Esq.
CLAYEO C. ARNOLD,
A PROFESSIONAL CORP.
865 Howe Avenue
Sacramento, CA 95825
Telephone: (916) 777-7777
Facsimile: (916) 924-1829
E-mail: aberry@justice4you.com
gharoutunian@justice4you.com
- and -
Gary M. Klinger, Esq.
David K. Lietz, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
227 Monroe Street, Suite 2100
Chicago, IL 60606
Telephone: (866) 252-0878
E-mail: gklinger@milberg.com
dlietz@milberg.com
- and -
Ryan D. Maxey, Esq.
MAXEY LAW FIRM, P.A.
107 North 11th Street, Suite 402
Tampa, FL 33602
E-mail: ryan@maxeyfirm.com
- and -
Terry R. Coates, Esq.
Dylan J. Gould, Esq.
MARKOVITS, STOCK &
DEMARCO, LLC
119 E. Court Street, Suite 530
Cincinnati, OH 45202
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: tcoates@msdlegal.com
dgould@msdlegal.com
- and -
Lori G. Feldman, Esq.
GEORGE GESTEN MCDONALD, PLLC
102 Half Moon Bay Drive
Croton-on-Hudson, NY 10520
Telephone: (917) 983-9321
Facsimile: (888) 421-4173
E-mail: LFeldman@4-Justice.com
- and -
Joseph M. Lyon, Esq.
THE LYON FIRM, LLC
2754 Erie Avenue
Cincinnati, OH 45208
Telephone: (513) 381-2333
E-mail: jlyon@thelyonfirm.com
LASALLE APARTMENTS: Damare Seeks OK of Renewed Class Cert Bid
-------------------------------------------------------------
In the class action lawsuit captioned as LESLIE DAMARE, CYNTHIA
SCOTT DAY, BRADY DVORAK, NOAH CARTER, CARLOS MATUS, SABRINA HARRIS,
CHRISTIAN HEALY, ELENA WARD, ROBERT RADUCHEL, THOMAS BUTLER, ROSE
BRIENZA, MELISSA SHAPCOTT, SETH KOREN, EVAN REINER, KAYLA
BALENTINE, JORDAN BOILEAU, GIZELLE MENENDEZ, & MATAKALA KALUWE,
JAQUELYN SLOAN, v. THE LASALLE APARTMENTS, & MICHAELS MANAGEMENT
AFFORDABLE, LLC., Case No. 3:24-cv-00554-PPS-AZ (N.D. Ind.), the
Plaintiffs ask the Court to enter an order granting their renewed
motion for class certification.
The action is brought by the Plaintiff on her own behalf and on
behalf of a class of those similarly situated pursuant to Rule
23(a) and (b)(2) of the Federal Rules of Civil Procedure.
The plaintiffs consist of nineteen residents who have been stripped
of their right to park that was contractually agreed upon within
their lease agreements.
The classes and subclasses are defined as follows:
a. All residents who live at the same address of Plaintiff and
the Defendants who had their contractually agreed upon
parking rights unlawfully stripped and taken away from them
after said rights were legally promised pursuant to a
legally enforceable agreement.
On July 8, 2024, the Plaintiffs filed their initial Class Action
Complaint.
On Feb. 27, 2025, the Court ordered Plaintiffs to file the present
motion to certify this lawsuit as a class action.
Lasalle Apartments is a residential community featuring one and two
bedroom apartments in South Bend, IN.
A copy of the Plaintiffs' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=JhwasI at no extra
charge.[CC]
The Plaintiffs are represented by:
Scott Granfeldt, Esq.
Scott Seville, Esq.
ROBBINS AND SEVILLE, LLC
714 N. Main St.
Crown Point, IN 46307
Telephone: (219) 333-2375
Facsimile: (219) 333-2375
E-mail: scott.granfeldt@roseattorneys.com
scott.seville@roseattorneys.com
LATOYA HUGHES: Loses Bid for Summary Judgment v. Davis
------------------------------------------------------
In the class action lawsuit captioned as HENRY DAVIS, et al., v.
LATOYA HUGHES, Case No. 3:16-cv-00600-MAB (S.D. Ill.), the Hon.
Judge Mark Beatty entered an order denying the Defendant's motion
for summary judgment.
Accordingly, the case will proceed to trial on the Plaintiffs'
Eighth Amendment claim (Count 1) and on Plaintiffs' Fourteenth
Amendment claim (Count 2).
A status conference will be set by separate notice to discuss, what
the Court imagines, will be a multitude of issues necessary for
preparing this case for trial.
Further instructions and potential topics that the Court will want
to discuss at this upcoming status conference will be forthcoming.
The Court finds that it cannot and/or need not rule on some of the
Defendant's objections because either Plaintiffs did not have a
chance to respond as the objections were raised in Defendant's
reply brief or the Court did not rely on the contested portions of
the evidence in ruling on the motion for summary judgment. As for
the Plaintiffs' remaining objections, the Court need not rule on
them because even if Defendant's contested evidence was admitted,
it would not affect the summary judgment outcome.
In other words, even if every ruling went in Defendant's favor and
all of her objected-to exhibits were admitted, it still would not
change that Defendant has failed to show she is entitled to
judgment as a matter of law.
The suit for declaratory and injunctive relief was filed by six
inmates in the Illinois Department of Corrections (IDOC)
challenging the IDOC's use of restrictive housing, which they claim
is tantamount to "extreme isolation" and violates the Eighth
Amendment's proscription against cruel and unusual punishment and
the Fourteenth Amendment's proscription against deprivation of
liberty without due process of law.
A copy of the Court's memorandum and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=HiNrnw
at no extra charge.[CC]
LATOYA HUGHES: Sanctioned for Violating Protective Order
--------------------------------------------------------
In the class action lawsuit captioned as HENRY DAVIS, et al., v.
LATOYA HUGHES, Case No. 3:16-cv-00600-MAB (S.D. Ill.), the Hon.
Judge Mark Beatty entered an order granting in part the Plaintiffs'
motion for sanctions.
The Plaintiffs are awarded their expenses and fees incurred in
bringing the motion.
The Plaintiffs shall have 14 days to file a declaration and
itemized statement of the expenses and fees they incurred in
bringing their motion for sanctions. The Defendant shall then have
14 days to contest the amount requested by Plaintiffs.
The Court finds that the Defendant's violation of the protective
order merits sanctions but opts not strike the Defendant's motion
for summary judgment and instead resolve the motion on the merits
and provide finality on the issues presented therein. The
Plaintiffs will, however, be awarded their attorney's fees and
expenses incurred in bringing the instant motion.
The parties submitted an Agreed Confidential Order (also referred
to herein as the protective order), which was entered by the Court
with some slight modifications on Dec. 5, 2016.
A copy of the Court's memorandum and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=x8YOgE
at no extra charge.[CC]
LCA-VISION: Court Dismisses Crabill Suit with Prejudice
-------------------------------------------------------
In the class action lawsuit captioned as MAREN CRABILL,
individually and on behalf of all others similarly situated, v.
LCA-VISION, a corporation, also d/b/a LASIKPLUS, also d/b/a JOFFE
MEDICENTER, Case No. 1:23-cv-00280-TSB (S.D. Ohio), the Hon. Judge
Timothy S. Black entered an order granting the Defendant's motion
to dismiss for lack of Article III standing.
The case is dismissed with prejudice. The Clerk of Court shall
docket a final Judgment accordingly.
The Plaintiff alleges no causal connection between Defendant's
advertisements (even initially misleading as they may have been)
and her subsequent, deliberate, and thought-out decision to pay the
higher cost of LASIK surgery. In other words, the Plaintiff
economic loss is not "fairly traceable to the challenged conduct of
the defendant[.]"
Accordingly, the Plaintiff lacks standing to bring her claims, and
thus the Court lack subject-matter jurisdiction to consider them.
And given this lack of jurisdiction, the Court declines to consider
the further arguments relating to failure to state a claim and
striking class allegations.
On May 12, 2023, the Plaintiff brought this civil class action
against the Defendant, alleging violation of the Connecticut Unfair
Trade Practices Act ("CUTPA"), unjust enrichment, fraud, fraudulent
omission, and breach of express warranty.
The Defendant is an Ohio corporation that operates vision/surgery
centers in numerous states under the names LasikPlus or Joffe
MediCenter.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=CLbZwd at no extra
charge.[CC]
LEIDOS INC: Miller Bid for Conditional Status Partly OK'd
---------------------------------------------------------
In the class action lawsuit captioned as ANDUJAR MILLER, et al. V.
LEIDOS, INC., Case No. 1:24-cv-00931-PTG-LRV (E.D. Va.), the Hon.
Judge Patricia Tolliver Giles will grant the Plaintiffs' motion for
leave to file additional supplement.
The Court will also grant in part and deny in part the Plaintiffs'
motion for conditional certification, as the Plaintiffs evidence
does not support as broad a class as the Plaintiffs seek to
certify.
The Court will deny, without prejudice, the Plaintiffs' motion to
exclude declaration of Cathy Zagar.
The Court rejects the Plaintiffs proposed class definition and will
conditionally certify the following class:
"Employees who (1) worked on the DHMSM contract; (2) were
staffed from the following subcontracting companies:
ALKU/Holland Square, ECCO Select, BlueRidge, NetVision, or
Bridgemore; (3) held one of the following job titles:
"Deployment Trainer," "Health Informatics Trainer," "EMR
Trainer," "Lead Training Coordinator," "Medical Health System
Genesis Trainer," "Training Specialist II," "Training
Specialist," "Ambulatory SME," "Clinical Informaticist," or
"Tier 3 Support Analyst"; and (4) were not paid overtime for
hours worked in excess of 40 hours per week."
The Plaintiffs allege that the Defendant Leidos refused to pay the
Plaintiffs and other employees overtime wages for time worked in
excess of 40 hours per week, in violation of the Fair Labor
Standards Act ("FLSA").
On Sept. 19, 2024, the Court heard oral argument on the Plaintiffs'
motion for conditional certification.
Leidos provides information technology services.
A copy of the Court's memorandum opinion dated March 27, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=iVOekA
at no extra charge.[CC]
LEPRINO FOODS: Class Cert Deadlines & Hearings in Domiguez Vacated
------------------------------------------------------------------
In the class action lawsuit captioned as Dominguez v. Leprino Foods
Company, Case No. 1:22-cv-01018 (E.D. Cal., Filed Aug. 12, 2022),
the Hon. Judge Kirk E. Sherriff entered an order vacating all
deadlines and hearings currently pending before the Court.
However, the court will not terminate the pending motion for class
certification until Plaintiff expressly notifies the court that it
is withdrawing that motion.
The Court thus orders Plaintiff to file a notice to withdraw the
pending motion for class certification no later than April 4, 2025,
if it intends to do so.
Additionally, the Court orders the parties to file a motion for
preliminary approval of settlement by no later than April 24, 2025.
If the parties require additional time, they may move the court for
an extension of time based on good cause.
The nature of suit states Labor Litigation.
Leprino Foods is an American company with headquarters in Denver,
Colorado that produces cheese, lactose, whey protein and sweet
whey.[CC]
LGBCOIN LTD: Plaintiffs' Bid for Class Certification Partly OK'd
----------------------------------------------------------------
In the class action lawsuit captioned as ERIC DE FORD, SANDRA BADER
and SHAWN R. KEY, v. JAMES KOUTOULAS and LGBCOIN, LTD, Case No.
6:22-cv-00652-PGB-DC (M.D. Fla.), the Hon. Judge Paul Byron entered
an order as follows:
1. The Plaintiffs' motion for class certification, appointment
of class representatives, and appointment of class counsel
is granted in part and denied in part.
2. The Court certifies a Rule 23(b)(3) Class with respect to
the Plaintiffs' section 12(a)(1) claims only. The Class
consists of the following:
"All persons who, between Nov. 2, 2021, and March 15, 2022,
purchased LGBCoin."
3. The Plaintiffs Eric De Ford, Sandra Bader, and Shawn R. Key
are certified as Representatives of the Class.
4. Counsel from Zigler Law Group and Scott + Scott are
certified as Class counsel pursuant to Rule 23(g).
5. On or before April 11, 2025, the parties shall jointly file
for approval by the Court a putative notice to Class
members. Alternatively, if the parties cannot agree on a
putative notice, the Plaintiffs shall file a putative notice
on or before April 11, 2025, and the Defendant Koutoulas
shall file any objections within three (3) days of the
filing of the Plaintiffs' putative notice.
In sum, the Plaintiffs establish the propriety of class
certification as to their Section 12(a)(1) claims under Rule 23(a)
and Rule 23(b)(3). However, as to their unjust enrichment claims,
the Plaintiffs fail to satisfy Rule 23(b)(3)'s predominance
requirement, and thus, class certification is improper as to these
claims. The Court therefore finds that partial certification under
Rule 23(c)(4) is warranted here.
This putative class action was initiated on April 1, 2022, and
arises from the creation, marketing, and sale of LGBCoin, a
cryptocurrency.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=MIxEe9 at no extra
charge.[CC]
LHNH LAVISTA: Class Cert Bid Filing in Lanz Revised to April 30
---------------------------------------------------------------
In the class action lawsuit captioned as ALEXANDER LANZ, et al., v.
LHNH LAVISTA LLC, et al., Case No. 1:23-cv-05344-LMM (N.D. Ga.),
the Hon. Judge Leigh Martin May entered an order granting the
parties' joint motion to modify class certification briefing
schedule.
The class certification briefing schedule is revised as follows:
-- The Plaintiffs' motion for class certification is due on April
30, 2025.
-- The Defendants' response to said motion is due within 30 days
of the filing of the class certification motion.
-- The Plaintiffs' reply to the Defendants' response is due
within 30 days of the filing of said response.
The Defendant is
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=SVtYFS at no extra
charge.[CC]
LINCOLN UNIVERSITY: Dixon Seeks Prelim. Approval of Settlement
--------------------------------------------------------------
In the class action lawsuit captioned as BENITA DIXON, individually
and on behalf of others similarly situated, v. LINCOLN UNIVERSITY,
Case No. 2:24-cv-01057-KSM (E.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 Settlement Agreement;
(2) Provisionally certifying, for purposes of the Settlement
only, the following Settlement Class:
"All Lincoln University students enrolled in the Spring
2020 Semester for at least one in-person class who did not
withdraw by March 12, 2020 for whom any amount of tuition
or fees was paid to Lincoln from any source other than a
scholarship, grant, or tuition remission from Lincoln, and
whose tuition and/or fees have not been fully refunded."
Excluded from the Potential Settlement Class are (i) any
students who received full scholarships or tuition
remission from Lincoln; (ii) Lincoln and its officers,
trustees and their family members; and (iii) all persons
who properly execute and file a timely opt-out request to
be excluded from the Settlement Class.
(3) Preliminarily appointing Named Plaintiff Benita Dixon as
Settlement Class Representative;
(4) Preliminarily appointing Nicholas A. Colella of Lynch
Carpenter, LLP, 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
Settlement Agreement, 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.
Lincoln is a public state-related historically black university
(HBCU) near Oxford, Pennsylvania.
A copy of the Plaintiff's motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=VEH3xR 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 -
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: aalesandro@leedsbrownlaw.com
MARIO'S AIR: Has Until April 21 File Class Cert Bid Response
------------------------------------------------------------
In the class action lawsuit captioned as Germain v. Mario's Air
Conditioning and Heating, Inc., Case No. 8:23-cv-00671 (M.D. Fla.,
Filed March 27, 2023), the Hon. Judge Thomas P. Barber entered an
order granting in part and denying in part the Defendants'
partially unopposed joint motion for enlargement of time to respond
to the Plaintiff's motion for class certification.
-- Defendants' motion is granted to the extent that Defendants
shall have until April 21, 2025, to respond to Plaintiff's
motion for class certification.
-- Defendants' motion is denied in all other respects.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
The Defendant offers furnace repair & air conditioner repair.[CC]
MARYLAND: Discovery Re-Opened for 30 Days
-----------------------------------------
In the class action lawsuit captioned as JAMIEN PALMER, et al., v.
STATE OF MARYLAND, et al., Case No. 1:22-cv-00899-CDA (D. Md.), the
Hon. Judge Charles Austin entered an order that discovery re-open
for 30 days for the sole purpose of allowing the Plaintiffs to
re-open the deposition of Dr. Huber and inquire regarding the
recently produced graphics relevant to the parties' dispute and any
related information disclosed in response to the Plaintiffs'
questions on this limited universe of materials.
If they are unable to depose Dr. Huber within the thirty-day
window, the Plaintiffs shall file a motion with the Court
requesting an extension, the Court says.
Re-opening Dr. Huber's deposition is consistent with the advisory
committee's notes to Rule 30. F
Discovery ended two weeks ago, and to the Court's knowledge, there
is no outstanding discovery left other than this deposition. A
trial date has not been set. The current Scheduling Order
contemplates additional discovery after the resolution of a motion
on class certification. Providing a thirty-day window to complete
the re-opened deposition ensures there is no hindrance to the
natural progression of the case as scheduled.
Maryland is a Mid-Atlantic state that's defined by its abundant
waterways and coastlines on the Chesapeake Bay and Atlantic Ocean.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=3PVhMl at no extra
charge.[CC]
MCA MERRILLVILLE: Seeks Stay of Napoleon Class Action
-----------------------------------------------------
In the class action lawsuit captioned as KRISTEN NAPOLEON on Behalf
of ) Class & Collective Action Herself and All Others Similarly
Situated, v. MCA MERRILLVILLE DELI, INC. and MCA VALPARAISO DELI,
INC., MCA SCHERERVILLE DELI, INC., MCA BLOOMINGDALE, INC., MCA
ELIGIN, INC, MCA ALGONQUIN, INC., MCA SCHAUMBURG, INC., KEYSTONE
MANAGEMENT GROUP, INC. and JAY PUNUKOLLU, Case No.
2:24-cv-00093-PPS-APR (N.D. Ind.), the Defendants ask the Court to
enter an order granting motion staying proceedings, including
briefing on Napoleon's Certification Motion pending the
determination of the Motion to Dismiss and Motion for Default.
Alternatively, if the Court is not inclined to stay the case, the
Defendants request the Court enter an order extending the time for
the Defendants to file its opposition to Napoleon's Motion for
Class Certification by 30 days, up to and including, May 7, 2025.
Given the relief sought, the Defendants cannot reasonably be
expected to fully brief an opposition to Napoleon's certification
motion until it knows how this Court intends to rule on this motion
or until there is clarity regarding which the Defendants are
involved in this lawsuit and the issues still at stake.
The Defendants' request is not made for any improper purpose or to
unnecessarily delay this case and Napoleon will not be prejudiced
by Defendants’ request. As mentioned above, there is no discovery
plan in place; thus, no current deadlines are affected should the
Court grant the additional extension.
In Napoleon's Certification Motion, she seeks to certify the
following class:
"All present and former hourly employees of the MCA
Merrillville Deli, Inc., MCA Schererville Deli, Inc. and MCA
Valparaiso Deli, Inc. who worked over 40 hours in a workweek
between Oct. 28, 2019 and Oct. 27, 2024 and were not paid
overtime premium wages."
A copy of the Defendants' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9Tvwpj at no extra
charge.[CC]
The Defendants are represented by:
Neil H. Dishman, Esq.
Andrew D. Welker, Esq.
Tina Dukandar, Esq.
JACKSON LEWIS P.C.
150 N. Michigan Ave., Suite 2500
Chicago, IL 60601
Telephone: (312) 787-4949
Facsimile: (312) 787-4995
E-mail: Neil.Dishman@jacksonlewis.com
Andrew.welker@jacksonlewis.com
tina.dukandar@jacksonlewis.com
MDL 3111: Plaintiffs Seek to Certify Class and Subclasses
---------------------------------------------------------
In the class action lawsuit Re: Capital One 360 Savings Account
Interest Rate Litigation, Case No. 1:24-md-03111-DJN-WBP (E.D.
Va.), the Plaintiffs ask the Court to enter an order certifying the
following Class:
"All persons who are or were Capital One 360 Savings
accountholders at any time since Capital One launched 360
Performance Savings (i.e., Sept. 18, 2019) (the "Class").
The Plaintiffs further request that Court certify the following
Subclasses:
Pennsylvania Subclass
"All persons in Pennsylvania who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., Sept. 18, 2019)."
Florida Subclass
"All persons in Florida who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., Sept. 18, 2019)."
Oregon Subclass
"All persons in Oregon who are or were Capital One 360 Savings
accountholders at any time since Capital One launched 360
Performance Savings (i.e., Sept. 18, 2019)."
New York Subclass
"All persons in New York who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)"
New Jersey Subclass
"All persons in New Jersey who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Massachusetts Subclass
"All persons in Massachusetts who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Michigan Subclass
"All persons in Michigan who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Illinois Subclass
All persons in Illinois who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Texas Subclass
"All persons in Texas who are or were Capital One 360 Savings
accountholders at any time since Capital One launched 360
Performance Savings (i.e., September 18, 2019)."
Nebraska Subclass
"All persons in Nebraska who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Delaware Subclass
"All persons in Delaware who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
California Subclass
"All persons in California who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Missouri Subclass
"All persons in Missouri who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Georgia Subclass
"All persons in Georgia who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Maryland Subclass
"All persons in Maryland who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Virginia Subclass
"All persons in Virginia who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
North Carolina Subclass
"All persons in North Carolina who are or were Capital One 360
Savings accountholders at any time since Capital One launched
360 Performance Savings (i.e., September 18, 2019)."
Excluded from the Class and Subclasses are Capital One and any
person, firm, trust, corporation, or other entity related to
or affiliated with any of Capital One's partners,
subsidiaries, affiliates or joint ventures.
The Plaintiffs further move for an order:
(1) appointing each Plaintiff as a Representative of the Class;
(2) appointing each Plaintiff as a Representative of the
Subclasses for the following states, respectively: Scott C.
Savett (Pennsylvania Subclass), Jay Sim (California
Subclass), Amber Terrell (Florida Subclass), Angela
Uherbelau (Oregon Subclass), Gwendolyn Wright (New York
Subclass), Elizabeth Zawacki (New Jersey Subclass), Sheryl
Barnes (Massachusetts Subclass), Alessandra Bellantoni (New
York Subclass), Ayal Brenner (New York Subclass), Anthony
Guest (Michigan Subclass), Samuel Hans (Illinois Subclass),
Ronald Hopkins (Texas Subclass), Michael Krause (Nebraska
Subclass), Steve Lenhoff (Delaware Subclass), Jerry Magaña
(California Subclass), Seth Martindale (California
Subclass), Jennie Meresak (Missouri Subclass), Gregory
Mishkin (Georgia Subclass), Andrew Molloy (Maryland
Subclass), Jay Nagdimon (California Subclass), Neelima
Panchang (Virginia Subclass), Sailesh Panchang (Virginia
Subclass), Patrick Perger Jr. (California Subclass), Howard
Port (New Jersey Subclass), and Jane Rossetti (North
Carolina Subclass); and
(3) designating Chet B. Waldman and his firm Wolf Popper LLP as
Class Counsel and The Kaplan Law Firm as Local Counsel for
the Class and Subclasses in this action.
The actions in the MLD share common questions of fact arising from
allegations that Capital One misled holders of its 360 Savings
Account into believing that they were earning a higher interest
rate than they were, in large part by offering, since September
2019, the similarly named 360 Performance Savings account, which
paid a higher interest rate than the 360 Savings account.
The actions will involve common questions of fact relating to
Capital One’s marketing of the savings accounts and its policies
and practices for setting the interest rates for the accounts. All
actions are putative nationwide or statewide class actions on
behalf of current or former 360 Savings account holders, and all
plaintiffs assert similar claims for breach of contract, breach of
the covenant of good faith and fair dealing, unjust enrichment, and
violation of state consumer protection laws.
A copy of the Plaintiffs' motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XLWdsO at no extra
charge.[CC]
The Plaintiffs are represented by:
Matthew B. Kaplan, Esq.
THE KAPLAN LAW FIRM
1100 N Glebe Rd, Suite 1010
Arlington, VA 22201
Telephone: (703) 665-9529
E-mail: mbkaplan@thekaplanlawfirm.com
- and -
Chet B. Waldman, Esq.
Carl L. Stine, Esq.
Philip M. Black, Esq.
Matthew Insley-Pruitt, Esq.
Timothy D. Brennan, Esq.
WOLF POPPER LLP
845 Third Avenue, 12th Floor
New York, NY 10022
E-mail: cwaldman@wolfpopper.com
cstine@wolfpopper.com
pblack@wolfpopper.com
minsley-pruitt@wolfpopper.com
tbrennan@wolfpopper.com
MERCER COUNTY, PA: Campbell's Bid for Class Certification Tossed
----------------------------------------------------------------
In the class action lawsuit captioned as JOYELLE CAMPBELL, et al.,
v. THE COUNTY OF MERCER, Case No. 2:23-cv-00099-CB-KT (W.D. Pa.),
the Hon. Judge Cathy Bissoon entered an order denying the
Plaintiffs' motion for class certification.
Accordingly, the Plaintiffs will not be granted leave to amend
their class allegations. The case was filed over two years ago, and
the Plaintiffs already once have amended their pleadings. They
clearly articulated their theory for class treatment, and it is
precluded under binding legal authority.
Allowing additional amendment would result in unfair prejudice to
the Defendant, and the delay is unexcused. The case may proceed
only with individual claims. The class aspects are over.
On March 3, 2025, the Magistrate Judge issued a Report recommending
that the Plaintiffs' motion for class certification be denied.
A copy of the Court's memorandum order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=OJZSuE
at no extra charge.[CC]
NEW YORK: Engesser Suit Seeks to Certify Class Action
-----------------------------------------------------
In the class action lawsuit captioned as LIZA ENGESSER, MARISOL
GETCHIUS, GEETANJALI SEEPERSAUD by her Next Friend SAVITRI
SEEPERSAUD, and MARIA JAIME on her own behalf and as Next Friend to
Y.P.S. and C.P., individually and on behalf of all persons
similarly situated; BROOKLYN CENTER FOR INDEPENDENCE OF THE
DISABLED, and REGIONAL CENTER FOR INDEPENDENT LIVING, v. JAMES V.
MCDONALD, as Commissioner of the New York State Department of
Health, Case No. 1:25-cv-01689-FB-LKE (E.D.N.Y.), the Plaintiffs
ask the Court to enter an order certifying putative class
consisting of the following members:
"All individuals who receive Consumer Directed Personal
Assistance Program services, who have not enrolled, or whose
Personal Assistant(s) have not enrolled with PPL."
A copy of the Plaintiffs' motion dated March 27, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=OvPxk4 at no extra
charge.[CC]
The Plaintiffs are represented by:
Lisa E. Cleary, Esq.
Caitlin A. Ross, Esq.
Emma Guido Brill, Esq.
PATTERSON BELKNAP WEBB & TYLER LLP
1133 Avenue of the Americas
New York, NY 10036-6710
Telephone: (212) 336-2000
Facsimile: (212) 336-2222
E-mail: lecleary@pbwt.com
kross@pbwt.com
ebrill@pbwt.com
- and -
Lisa Rivera, Esq.
Elizabeth Jois, Esq.
Julia Russell, Esq.
NEW YORK LEGAL ASSISTANCE GROUP
100 Pearl Street, 19th Floor
New York, NY 10004
Telephone: (212) 613-5093
E-mail: ejois@nylag.org
jrussell@nylag.org
OLAPLEX HOLDINGS: Continues to Defend Lilien Securities Class Suit
------------------------------------------------------------------
Olaplex Holdings Inc. disclosed in its Form 10-K Report for the
annual period ending December 31, 2024 filed with the Securities
and Exchange Commission on March 4, 2025, that the Company
continues to defend itself from the Lilien securities class suit in
the United States District Court for the Central District of
California.
On November 17, 2022, a putative securities class action was filed
against the Company and certain of its current and former officers
and directors in the United States District Court for the Central
District of California, captioned Lilien v. Olaplex Holdings, Inc.
et al., No. 2:22-cv-08395.
A consolidated complaint was filed on April 28, 2023, which names
as additional defendants the underwriters for the Company's IPO and
various stockholders that sold shares of common stock of the
Company in the IPO. The action is brought on behalf of a putative
class of purchasers of the Company's common stock in or traceable
to the Company's IPO and asserts claims under Sections 11, 12, and
15 of the Securities Act of 1933.
The action seeks certification of the putative class, compensatory
damages, attorneys' fees and costs, and any other relief that the
court determines is appropriate.
The defendants moved to dismiss the consolidated complaint on July
19, 2023. The court held hearings on the defendants' motions to
dismiss on October 16, 2023 and July 1, 2024.
On August 23, 2024, the court issued an order staying the action
pending the United States Supreme Court's resolution of the appeal
in Facebook, Inc., et al. v. Amalgamated Bank, et al., No. 23-980.
On November 22, 2024, the Supreme Court dismissed the appeal as
improvidently granted, leading to the stay of the Lilien action
being lifted.
On February 7, 2025, the court issued a decision on the defendants'
motions to dismiss, granting the motions in part and denying them
in part.
Specifically, the court granted the motions filed by the
underwriter and stockholder defendants but denied the motion to
dismiss filed by the Company and the director and officer
defendants.
The underwriter defendants previously notified the Company of their
intent to seek indemnification from the Company pursuant to the IPO
underwriting agreement regarding the claims asserted in this
action.
The Company intends to vigorously defend the pending lawsuit.
Olaplex Holdings, Inc. operates indirectly through its wholly owned
subsidiaries, Penelope and Olaplex, Inc., which conducts business
under the name "Olaplex." Olaplex develops, manufactures and
distributes a line of hair care products developed to address three
key uses: treatment, maintenance and protection.
PARADISE ENTERTAINMENT: Moore Must Refile Class Cert Exhibits
-------------------------------------------------------------
In the class action lawsuit captioned as RIQUELLE MOORE, on behalf
of herself and others similarly situated, v. PARADISE ENTERTAINMENT
GROUP, INC., doing business as Magic City, et al., Case No.
1:24-cv-04389-LMM (N.D. Ga.), the Hon. Judge Leigh Martin May
entered an order that the Plaintiff shall refile the exhibits so
that the docket entries comply with the Local Rules and correspond
to the documents' content.
Paradise Entertainment is a dynamic entertainment company based in
Atlanta, GA, offering a range of services to enhance events and
experiences.
A copy of the Court's order dated March 27, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rh6mBt at no extra
charge.[CC]
RC BIGELOW INC: Newton Bid for Class Certification Partly OK'd
--------------------------------------------------------------
In the class action lawsuit captioned as CLAUDIA NEWTON and BRANDY
LEANDRO, on behalf of themselves and others similarly situated, v.
R.C. BIGELOW INC. and DOES 1-10, Case No. 2:22-cv-05660-LDH-SIL
(E.D.N.Y.), the Hon. Judge Lashann Dearcy Hall entered an order
that the Plaintiffs' motion for class certification is granted in
part and denied in part.
Accordingly, the Plaintiffs have not met their burden to show that
their fraud, misrepresentation, and breach of express warranty
claims are amenable to class certification under the standard set
forth in Rule 23(b)(3) because the element of reliance, as a
general matter, is not subject to generalized proof.
The Plaintiffs bring this putative class action against the
Defendant R.C. Bigelow, Inc. and ten unnamed defendants for
violations of N.Y. Gen. Bus. Law sections 349 and 350, breach of
express warranty pursuant to N.Y. U.C.C. section 2-313, common law
fraud, and intentional misrepresentation.
R.C. Bigelow is a specialty tea company headquartered in Fairfield,
Connecticut.
A copy of the Court's memorandum and order dated March 31, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=Flrwxz
at no extra charge.[CC]
REBUILT BROKERAGE: Must File Class Cert Response by April 21
------------------------------------------------------------
In the class action lawsuit captioned as CHAVEZ v. REBUILT
BROKERAGE LLC et al., Case No. 1:24-cv-00504 (W.D. Tex. Filed May
11, 2024), the Hon. Judge Alan D. Albright entered an order
granting motion for extension of time to file:
-- Defendants' response to the Plaintiff's motion for class
certification is due on April 21, 2025.
-- Plaintiff's Reply to Defendant's Response is due on May 5,
2025.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).[CC]
REDWOOD TOXICOLOGY: Toothman Labor Suit Removed to N.D. Cal.
------------------------------------------------------------
The case styled ROBERT TOOTHMAN, an individual, on behalf of
himself and on behalf of all persons similarly situated, Plaintiff
v. REDWOOD TOXICOLOGY LABORATORY, INC., a Corporation; and DOES 1
through 50, inclusive, Defendants, Case No. SCV-271680, was removed
from the Superior Court of the State of California, County of
Sonoma to the United States District Court for the Northern
District of California on March 28, 2025.
The Clerk of the District Court for the Northern District of
California assigned Case No. 3:25-cv-02902 to the proceeding.
The Plaintiff brings this suit against the Defendants for their
alleged unlawful labor practices in violation of the California
Labor Code.
Redwood Toxicology Laboratory, Inc. owns and operates testing
laboratories. The Company offers urine, oral fluid, alcohol, and
cotinine screening and testing services. RTL serves customers in
the State of California.[BN]
The Plaintiff is represented by:
Michele J. Beilke, Esq.
Julia Y. Trankiem, Esq.
Steven A. Morphy, Esq.
SEYFARTH SHAW LLP
601 South Figueroa Street, Suite 3300
Los Angeles, CA 90017-5793
Telephone: (213) 270-9600
Facsimile: (213) 270-9601
E-mail: mbeilke@seyfarth.com
jtrankiem@seyfarth.com
smorphy@seyfarth.com
RESTORATION BUILDERS: Bid to Certify Class Denied w/o Prejudice
---------------------------------------------------------------
In the class action lawsuit captioned as SEAN HARRISON, et al., v.
RESTORATION BUILDERS, INC, Case No. 2:24-cv-00240-CCB-SJF (N.D.
Ind.), the Hon. Judge Cristal Brisco entered an order denying
without prejudice the Plaintiffs' motion to certify class.
The Plaintiffs are ordered to file a Jurisdictional Supplement by
April 11, 2025, that properly alleges subject matter jurisdiction
for this action.
In their breach of contract claim, the Plaintiffs allege that they
are entitled to compensation and accrued paid time off from
Defendant, but the record before the Court includes no facts to
suggest that the amount-in-controversy requirement for
diversity-based jurisdiction has been met.
Lacking adequate allegations of the parties' citizenship and the
amount in controversy, the Plaintiffs have failed to establish
jurisdiction.
Restoration Builders is a residential & commercial contractor
operating in the United States.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ajdRQP at no extra
charge.[CC]
SENTOSACARE LLC: Seeks to Stay Chow Class Action
------------------------------------------------
In the class action lawsuit captioned as Chow v. SentosaCare, LLC
et al., Case No. 1:19-cv-03541-FB-JRC (E.D.N.Y.), the Defendants
ask the Court to enter an order granting request to stay of the
Chow action and a continued stay of the related Skolkin action
pending:
(i) the Second Circuit's review of the Defendants' March 27,
2025 Rule 23(f) petition for interlocutory appeal of
Judge Block's March 13, 2025 order reversing his Sept.
26, 2023 order, and any appeals approved pursuant to that
petition; and
(ii) Judge Block's decision of the motion for reconsideration
that the Defendants are serving on or before April 11,
2025,of Judge Block's March 13, 2025, order.
A stay of all proceedings in the Chow action and a continued stay
of the Skolkin action are warranted due to the pending appeal and
soon-to-be filed motion for reconsideration.
SentosaCare is a hospital & health care company.
A copy of the Defendants' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=K7VyYE at no extra
charge.[CC]
The Defendants are represented by:
Lori R. Semlies, Esq.
WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP
133 Westchester Avenue
White Plains, NY 10604
Telephone: (914) 872.7731
Mobile: (917) 693-2506
E-mail: lori.semlies@wilsonelser.com
SIG SAUER: Seeks to File Portion of Opposition Under Seal
---------------------------------------------------------
In the class action lawsuit captioned as JOSHUA GLASSCOCK,
individually and on behalf of all others similarly situated, v. SIG
SAUER, INC., Case No. 6:22-cv-03095-MDH (W.D. Mo.), the Defendant
asks the Court to enter an order allowing to file under seal a
portion of its suggestions in opposition to Plaintiff Joshua
Glasscock's motion for class certification as well as confidential
supporting exhibits and declarations.
Sig Sauer seeks to file under seal material that has been
designated confidential pursuant to the Protective Order entered by
the Court on October 11, 2022 (“Protective Order”). See ECF No.
38. The Protective Order states that “[m]aterial designated
Confidential or Highly Confidential in accordance with this Order
may be filed under seal only after the Court issues an Order
granting continued protection for the document, material or
information at issue.” Id. at 2. Sig Sauer need not file the
entire Opposition or all exhibits and declarations under seal.
However, portions of Sig Sauer’s Opposition and certain exhibits
and declarations may need to be filed under seal to comply with the
Court’s Protective Order. See id. Accordingly, Sig Sauer seeks
leave to file a portion of its Opposition, as well as confidential
supporting exhibits and declarations, under seal.
Sig Sauer is a provider and manufacturer of firearms,
electro-optics, ammunition, airguns, suppressors, remote controlled
weapons stations.
A copy of the Defendant's motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=HRqlFU at no extra
charge.[CC]
The Defendant is represented by:
Cara Rose, Esq.
FRANKE, SHULTZ & MULLEN, P.C.
1919 E. Battlefield, Suite B
Springfield, MO 65804
Telephone: (417) 863-0040
E-mail: crose@fsmlawfirm.com
- and -
Colleen Carey Gulliver, Esq.
Jason E. Kornmehl, Esq.
Connor Rowinski, Esq.
DLA PIPER LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 335-4500
E-mail: colleen.gulliver@us.dlapiper.com
jason.kornmehl@us.dlapiper.com
connor.rowinski@us.dlapiper.com
- and -
Robert L. Joyce, Esq.
B. Keith Gibson, Esq.
LITTLETON JOYCE UGHETTA & KELLY LLP
4 Manhattanville Road, Suite 202
Purchase, NY 10577
Telephone: (914) 417-3400
E-mail: robert.joyce@littletonjoyce.com
keith.gibson@littletonjoyce.com
SKIDMORE COLLEGE: Class Settlement in Kobor Suit Gets Prelim. Nod
-----------------------------------------------------------------
In the class action lawsuit captioned as PETER KOBOR, individually
and on behalf of all others similarly situated, v. SKIDMORE
COLLEGE, Case No. 1:23-cv-01392-MAD-DJS (N.D.N.Y.), the Hon. Judge
Mae D'Agostino entered an order granting preliminary approval of
the settlement, provisionally certifying the proposed class,
appointing class counsel, directing notice to the potential class,
and setting a hearing on final approval.
1. The Court provisionally certifies the following Settlement
Class:
"All persons who were sent written notification by Skidmore
that their Private Information was potentially compromised
as a result of the Incident discovered by Skidmore in
February 2023."
The Settlement Class specifically excludes: (i) Skidmore,
the Related Parties, and their officers and directors; (ii)
all Settlement Class Members who timely and validly request
exclusion from the Settlement Class; (iii) any judges
assigned to this case and their staff and family; and (iv)
any other Person found by a court of competent jurisdiction
to be guilty under criminal law of initiating, causing,
aiding or abetting the criminal activity occurrence of the
Incident or who pleads nolo contendere to any such charge.
2. The Plaintiffs Peter Kobor and Mary Cogan are designated and
appointed as the Settlement Class Representatives.
3. William B. Federman of Federman & Sherwood, Philip J.
Krzeski of Chestnut Cambronne PA, and John J. Nelson of
Milberg Coleman Bryson Phillips Grossman, PLLC, who were
previously appointed by the Court as Interim Co-Lead Class
Counsel, are designated as Class Counsel pursuant to Fed. R.
Civ. P. 23(g).
4. A Final Approval Hearing shall take place before the Court
on Aug. 11, 2025, at 12:30 p.m. at James T. Foley United
States Courthouse.
Skidmore is a private liberal arts college in Saratoga Springs, New
York.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=gja4lu at no extra
charge.[CC]
The Plaintiff is represented by:
Randi A. Kassan, Esq.
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN PLLC
100 Garden City Plaza, Suite 500
Garden City, NY 11530
- and -
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South - Suite 1700
Minneapolis, MN 55401
- and -
William B. Federman, Esq.
FEDERMAN & SHERWOOD
10205 N. Pennsylvania Avenue
Oklahoma City, OK 73120
The Defendant is represented by:
Casie E. Collignon, Esq.
Robyn M. Feldstein, Esq.
BAKER & HOSTETLER LLP
1801 California Street - Suite 4400
Denver, CO 80202
SPM OF ALABAMA: Parties in Kunce Must Confer Class Cert Deadlines
-----------------------------------------------------------------
In the class action lawsuit captioned as Kunce v. SPM of Alabama,
LLC, Case No. 6:25-cv-00533 (M.D. Fla., Filed March 26, 2025), the
Hon. Judge Paul G. Byron entered an order directing the parties to
confer regarding deadlines pertinent to a motion for class
certification and advise the Court of agreeable deadlines in their
case management report:
The deadlines should include a deadline for (1) disclosure of
expert reports - class action, plaintiff and defendant; (2)
discovery - class action; (3) motion for class certification; (4)
response to motion for class certification; and (5) reply to motion
for class certification.
The nature of suit states Real Property -- Rent Lease & Ejectment.
ST. TAMMANY PARISH: Baquer Seeks Leave to Amend Complaint
---------------------------------------------------------
In the class action lawsuit captioned as AHMED BAQER, et al., v.
ST. TAMMANY PARISH GOVERNMENT, a/k/a/ ST. TAMMANY PARISH COUNCIL,
et al., Case No. 2:20-cv-00980-DJP-EJD (E.D. La.), the Plaintiffs
ask the Court to enter an order granting motion to amend their
complaints in the case.
The Plaintiffs also ask the Court to file a renewed motion for
class certification, which would ask the Court to amend its Jan.
25, 2022, Order denying class certification.
Should the Court grant the Plaintiffs' requested relief, Plaintiffs
will require a short period to amend their complaint and prepare an
amended motion for class certification. Plaintiffs respectfully
propose the following schedule for doing so:
1. The Plaintiffs to amend their complaint by May 2, 2025.
2. The Plaintiffs to file an amended motion for class
certification by May 2, 2025.
Plaintiffs brought this case to challenge their prolonged
confinement—in violation of the Parish’s own written
regulations limiting holding cell detention to 48 hours—under
filthy, crowded, and unsanitary conditions in the holding cells of
the St. Tammany Parish jail. Plaintiffs had sufficient information
to allege that the conditions of their confinement were
unconstitutional, and they had sufficient information to allege
that the conditions of their confinement were widespread.
All this is to say that this is the right time to give Plaintiffs
the chance to show the Court that, in light the revelations
obtained in discovery about the common cause of their
over-detention in St. Tammany jail's holding cells, class
certification is now appropriate under theories adjusted for the
evidence, summarized above, that was revealed in discovery.
A copy of the Plaintiffs' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IGFhXj at no extra
charge.[CC]
The Plaintiffs are represented by:
Devon M. Jacob, Esq.
JACOB LITIGATION, INC.
Mechanicsburg, PA 17055-0837
Telephone: (717) 796-7733
E-mail: djacob@jacoblitigation.com
- and -
Antonio M. Romanucci, Esq.
Sam Harton, Esq.
Josh Levin, Esq.
ROMANUCCI & BLANDIN, LLC
321 N. Clark Street, Suite 900
Chicago, IL 60654
Telephone: (312) 458-1000
Facsimile: (312) 458-1004
E-mail: aromanucci@rblaw.net
b.raveendran@rblaw.net
sharton@rblaw.net
- and -
Maria B. Glorioso, Esq.
Vincent J. Glorioso, Jr., Esq.
THE GLORIOSO LAW FIRM
2716 Athania Parkway
Metairie, LA 70002
Telephone: (504) 569-9999
Facsimile: (504) 569-9022
E-mail: maria@gtorts.com
STONECO LTD: Must File Opposition to Class Cert Bid by June 3
-------------------------------------------------------------
In the class action lawsuit captioned as Ray v. StoneCo Ltd. et al.
(re StoneCo Ltd. Sec. Litig.), Case No. 1:21-cv-09620-GHW-OTW
(S.D.N.Y.), the Hon. Judge Gregory Woods entered an order granting
the March 28, 2025, request by Lead Plaintiff Indiana Public
Retirement System for leave to file a motion for class
certification.
In accordance with the Dec. 19, 2024, case management plan entered
by Judge Wang, the deadline for Lead Plaintiff to file and serve
its motion for class certification is April 4, 2025.
The Defendant's opposition is due by June 3, 2025.
The Plaintiff's reply, if any, is due by Aug. 4, 2024.
StoneCo is a financial technology company founded in Brazil,
providing solutions to empower merchants and integrated partners to
conduct electronic commerce seamlessly across in-store, online, and
mobile channels.
A copy of the Court's order dated March 28, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Qjxdfa at no extra
charge.[CC]
The Plaintiff is represented by:
Michael H. Rogers, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: mrogers@labaton.comston
STONECO LTD: Seeks to Adhere to Briefing Schedule w/o Conference
----------------------------------------------------------------
In the class action lawsuit captioned as Ray v. StoneCo Ltd. et
al., Case No. 1:21-cv-09620-GHW-OTW (S.D.N.Y.), the Lead Plaintiff
asks the Court to enter an order permitting the parties to adhere
to the briefing schedule entered by Judge Wang, without a
conference.
Alternately, the Lead Plaintiff requests that the court conduct a
pre-trial conference prior to April 4, 2025.
Lead Plaintiff will move to certify a class in this securities
fraud suit on behalf of all persons or entities that purchased or
otherwise acquired publicly traded common stock of StoneCo during
the period from May 27, 2020, through November 16, 2021, both dates
inclusive, and were damaged thereby.
StoneCo is a financial technology company founded in Brazil,
providing solutions to empower merchants and integrated partners to
conduct electronic commerce seamlessly across in-store, online, and
mobile channels.
A copy of the Plaintiff's motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fC04Jw at no extra
charge.[CC]
The Plaintiff is represented by:
Michael H. Rogers, Esq.
LABATON KELLER SUCHAROW LLP
140 Broadway
New York, NY 10005
Telephone: (212) 907-0700
Facsimile: (212) 818-0477
E-mail: mrogers@labaton.com
SUSAN MUELLER: Loses Summary Judgment Bid v. Dickinson
------------------------------------------------------
In the class action lawsuit captioned as Dickinson v. Susan Mueller
et al., Case No. 1:23-cv-05657 (S.D.N.Y.), the Hon. Judge Loretta
Preska entered an order on the motions for summary judgment as
follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=aNXVwD
at no extra charge.[CC]
SUSAN MUELLER: Loses Summary Judgment Bid v. Hernandez
------------------------------------------------------
In the class action lawsuit captioned as Hernandez v. Mueller et
al., Case No. 1:23-cv-05661 (S.D.N.Y.), the Hon. Judge Loretta
Preska entered an order on the motions for summary judgment as
follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=NE1DhW
at no extra charge.[CC]
SUSAN MUELLER: Loses Summary Judgment Bid v. Mathis
---------------------------------------------------
In the class action lawsuit captioned as Mathis v. Mueller et al.,
Case No. 1:23-cv-05663 (S.D.N.Y.), the Hon. Judge Loretta Preska
entered an order on the motions for summary judgment as follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=F6OWwv
at no extra charge.[CC]
SUSAN MUELLER: Loses Summary Judgment Bid v. Stewart
----------------------------------------------------
In the class action lawsuit captioned as Stewart v. Susan Mueller
et al., Case No. 1:23-cv-05668 (S.D.N.Y.), the Hon. Judge Loretta
Preska entered an order on the motions for summary judgment as
follows:
1. The Plaintiff Daniels: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5654) is granted.
2. The Plaintiff Dickinson: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5657) is denied.
3. The Plaintiff Dockery: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5658) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and NP Salotti, and denied as to Drs. Mueller and
Dinello.
4. The Plaintiff Gradia: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5660) is granted in
part and denied in part. The motion is granted as to Dr.
Hammer and denied as to Drs. Mueller and Dinello.
5. The Plaintiff Hernandez: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5661) is denied.
Dr. Mantaro's motion for summary judgment (23-CV-5661) is
granted.
6. The Plaintiff Knight: Dr. Lee's motion for summary judgment
(Case No. 23-CV-5662) is denied.
7. The Plaintiff Mathis: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5663) is denied.
8. The Plaintiff Pritchett: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5664) is denied.
9. The Plaintiff Rivera Cruz: State Represented Defendants'
motion for summary judgment (Case No. 23-CV-5667) is denied.
10. The Plaintiff Stewart: State Represented Defendants' motion
for summary judgment (Case No. 23-CV-5668) is denied.
Counsel for the parties shall confer and inform the Court by letter
no later than April 11, 2025, of how they propose to proceed, the
Court says.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=11YE9H
at no extra charge.[CC]
TIPPECANOE COUNTY COUNCIL: Bartole Files Suit in N.D. Indiana
-------------------------------------------------------------
A class action lawsuit has been filed against Tippecanoe County
Council, et al. The case is styled as Marcus T. Bartole, Shuvar
Davis, Deontae Johnson, individually and on behalf of all others
similarly situated v. Tippecanoe County Council, Tippecanoe County
Board of Commissioners, Tippecanoe County Public Defender Board,
Case No. 1:25-cv-00148-TLS-JEM (N.D. Ind., March 31, 2025).
The nature of suit is stated as Prisoner Civil Rights.
Tippecanoe County Government -- https://www.tippecanoe.in.gov/ --
provide responsive, high-quality services that enhance and maintain
self-sufficiency, personal safety, economic opportunity.[BN]
The Plaintiff appears pro se.
UIPATH INC: Parties Seek to Modify Class Cert Briefing Schedule
---------------------------------------------------------------
In the class action lawsuit captioned as Severt et al., v. UiPath,
Inc. et al. (re UiPath Securities Litigation), Case No.
1:23-cv-07908-DLC (S.D.N.Y.), the Parties ask the Court to enter an
order granting slight modification to the briefing schedule and
structure on Plaintiff's Motion for Class Certification.
Accordingly, the Parties do not expect the proposed modification to
affect any other deadlines in the Amended Scheduling Order. The
Defendants respectfully submit that, because of the nature of the
issues raised in the Class Certification Motion and the party
bearing the burden of proof on those issues, a short sur-reply
brief would enable Defendants to fully address and assist the Court
in considering the issues on the motion.
The Defendants submit that a short sur-reply brief, together with
the single expert deposition, would enable the Parties to present
the relevant issues to the Court in the most complete and efficient
manner. Other courts in this District have taken similar approaches
in securities cases where similar price-impact arguments have been
raised in opposition to class certification.
The Plaintiff consents to this request, and as part of it the
Parties also respectfully request that that the Court grant
Plaintiff a 3500-word enlargement of the word limit for his reply
brief to enable Plaintiff to address the price impact assertions
that Defendants raise in their opposition brief. Defendants consent
to that word limit extension for the reply brief.
Accordingly, the Parties jointly request that the Court
-- permit Defendants to file a sur-reply brief of no more than
3500 words on or before July 11, 2025, and
-- provide Plaintiff with an additional 3500 words for his reply
brief (for a total of 7000 words), due June 13, 2025.
UiPath is a global software company that makes robotic process
automation software.
A copy of the Parties' motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=m1hAQX at no extra
charge.[CC]
The Plaintiffs are represented by:
Max R. Schwartz, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: mschwartz@scott-scott.com
The Defendants are represented by:
Edmund Polubinski, Esq.
DAVIS POLK & WARDWELL LLP
450 Lexington Avenue
New York, NY 10017
US CONCEPTS: Rombaut Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Deborah J. Rombaut, an individual, on behalf
of herself and all others similarly situated v. US CONCEPTS LLC, a
Delaware Limited Liability Company; and DOES 1 TO 50, Case No.
25STCV03387 was removed from the Superior Court of the State of
California, County of Los Angeles, to the United States District
Court for the Central District of California on March 31, 2025, and
assigned Case No. 2:25-cv-02802.
The Complaint asserts claims for: Failure to Pay All Minimum Wages;
Failure To Pay Overtime Wages; Failure to Provide Rest Periods and
Pay Missed Rest Period Premiums; Failure to Provide Meal Periods
and Pay Missed Meal Period Premiums; Failure To Maintain Accurate
Employment Records; Failure to Pay Wages Timely During Employment;
Failure to Pay All Wages Earned and Unpaid at Separation; Failure
to Indemnify All Necessary Business Expenses; Failure to Furnish
Accurate Itemized Wage Statements; and Violation of California's
Business and Professions Code.[BN]
The Defendants are represented by:
Evan R. Moses, Esq.
Omar M. Aniff, 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: evan.moses@ogletree.com
omar.aniff@ogletree.com
- and -
Eric E. Suits, Esq.
OGLETREE, DEAKINS, NASH, SMOAK &STEWART, P.C.
400 Capitol Mall, Suite 2800
Sacramento, CA 95814
Phone: 916-840-3150
Facsimile: 916-840-3159
Email: eric.suits@ogletree.com
VOLATO INC: Gray Suit Seeks Class Certification
-----------------------------------------------
In the class action lawsuit captioned as LOUANN GRAY and JENNIFER
NICHOLS, on their own behalf and on behalf of those similarly
situated, v. VOLATO, INC. and VOLATO GROUP, INC., Case No.
3:24-cv-00952-WWB-PDB (M.D. Fla.), the Plaintiffs ask the Court to
enter an order:
-- certifying case as a class action for the group of former
employees pursuant to the WARN Act and state wage
laws;
-- appointing Louann Gray, Khea Trevena, and Michael Ricketts as
class representatives;
-- appointing Ryan Barack, Michelle Nadeau, and Arthur Schofield
as class counsel; and
-- approving the proposed class notice.
Specifically, Plaintiffs seek to certify a class defined as:
"All former employees of Volato, Inc. and Volato Group, Inc.,
or their related entities, who worked at or reported to
the Defendants' facilities and were not given a minimum of 60
days' written notice of termination and whose employment was
terminated without cause on or about August 30, 2024, within 30
days of that date or thereafter, as part of, or as the
reasonably expected consequence of the mass layoffs or plant
closings (as defined by the Workers Adjustment and Retraining
Notification Act of 1988).
The putative Class Members hold identical claims for identical
statutory WARN Act remedies consisting of sixty days’ pay and
the consequent loss of benefits during that period. A Rule 23
class action is widely regarded as the optimal legal process
for resolving WARN Act claims.
The proposed class satisfies all of Rule 23's requirements and
fulfills the objective and rationale for efficiently resolving
such claims on a class-wide basis. The Court should appoint
Louann Gray, Khea Trevena, and Michael Ricketts as the class
representatives and appoint Ryan Barack and Michelle Nadeau of
Kwall Barack Nadeau PLLC and Arthur Schofield of Arthur T.
Schofield, P.A. as class counsel. Finally, the Court should
also approve the proposed notice to the class.
On Aug. 30, 2024, Volato provided the Plaintiffs an email that
contained "formal notice of the termination of your employment with
Volato Group, Inc, effective Friday, August 30, 2024."
Volato is an aviation company providing fractional ownership,
aircraft management, jet card, deposits and charter programs.
A copy of the Plaintiffs' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1JWOAO at no extra
charge.[CC]
The Plaintiffs are represented by:
Ryan D. Barack, Esq.
Michelle Erin Nadeau, Esq.
KWALL BARACK NADEAU PLLC
304 S. Belcher Rd., Suite C
Clearwater, FL 33765
Telephone: (727) 441-4947
Facsimile: (727) 447-3158
E-mail: rbarack@employeerights.com
mnadeau@employeerights.com
- and -
Arthur Schofield, Esq.
ARTHUR T. SCHOFIELD, P.A
E-mail: aschofield@flalabor.com
Via Jardin Building
330 Clematis Street, Suite 207
West Palm Beach, FL 33401
Telephone: (561) 655-4211
Facsimile: (561) 655-5447
WAYNE COUNTY, MI: Brown Suit Seeks to Certify Four Classes
----------------------------------------------------------
In the class action lawsuit captioned as CAITLIN BROWN, et al., v.
COUNTY OF WAYNE, et al., Case No. 2:24-cv-10779-LJM-APP (E.D.
Mich.), the Plaintiffs ask the Court to enter an order granting
certification, pursuant to Rules 23(a) and 23(b) of the Federal
Rules of Civil Procedure, of the following classes:
-- Class No. 1
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were strip searched in a group with other detainees;"
-- Class No. 2
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case
who were strip searched in view of members of the opposite
sex;"
-- Class No. 3
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were subject to derogatory comments by Defendant Graham
during strip searches; and
-- Class No. 4
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were strip searched under unsanitary and/or unhygienic
conditions, including being exposed to the bodily fluids of
other detainees."
The Plaintiffs allege that the Defendants violated their Fourth
Amendment rights by subjecting them to unreasonable strip searches
while housed at the Wayne County Jail.
A copy of the Plaintiffs' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=dzUaN8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael R. Dezsi, Esq.
LAW OFFICE OF MICHAEL R. DEZSI, PLLC,
1523 N. Main St.
Royal Oak, MI 48067
Telephone: (313) 757-8112
E-mail: mdezsi@dezsilaw.com
WAYNE COUNTY, MI: Harris Suit Seeks to Certify Four Classes
-----------------------------------------------------------
In the class action lawsuit captioned as NICOLE HARRIS, et al., v.
COUNTY OF WAYNE, et al., Case No. 2:23-cv-10986-LJM-APP (E.D.
Mich.), the Plaintiffs ask the Court to enter an order granting
certification, pursuant to Rules 23(a) and 23(b) of the Federal
Rules of Civil Procedure, of the following classes:
-- Class No. 1
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were strip searched in a group with other detainees;"
-- Class No. 2
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case
who were strip searched in view of members of the opposite
sex;"
-- Class No. 3
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were subject to derogatory comments by Defendant Graham
during strip searches; and
-- Class No. 4
"All females who were housed and/or detained by the Wayne
County Sheriff at the Wayne County Jail on or after April 27,
2020, until the date of judgment or settlement of this case,
who were strip searched under unsanitary and/or unhygienic
conditions, including being exposed to the bodily fluids of
other detainees."
The Plaintiffs allege that the Defendants violated their Fourth
Amendment rights by subjecting them to unreasonable strip searches
while housed at the Wayne County Jail.
A copy of the Plaintiffs' motion dated March 31, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zBuvxE at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael R. Dezsi, Esq.
LAW OFFICE OF MICHAEL R. DEZSI, PLLC,
1523 N. Main St.
Royal Oak, MI 48067
Telephone: (313) 757-8112
E-mail: mdezsi@dezsilaw.com
WEBHELP AMERICAS: Johnson Seeks Conditional Cert of FLSA Collective
-------------------------------------------------------------------
In the class action lawsuit captioned as SASHA JOHNSON,
individually, and on behalf of all others similarly situated, v.
WEBHELP AMERICAS LLC, Case No. 1:24-cv-22043-RKA (S.D. Fla.), the
Plaintiff asks the Court to enter an order under Section 16(b) of
the Fair Labor Standards Act (FLSA\), granting court-authorized
notice to all similarly situated employees.
The Plaintiffs request that the Court enter an order:
(1) Conditionally certifying the proposed Fair Labor Standards
Act ("FLSA") Collective;
(2) Requiring Defendant to identify all putative collective
members by providing a list of their names, last known
addresses, dates and location of employment, phone numbers,
and email addresses in electronic and importable format
within ten (10) days of the entry of the order;
(3) Authorizing the Plaintiffs' proposed form of notice
(Exhibits B & C) and implementing a procedure whereby the
notice of Plaintiffs' FLSA claims is sent (via U.S. Mail,
email, and text message) to:
"All current and former hourly customer service agents who
worked for the Defendant at any time during the past three
years (the "FLSA Collective").\;
(4) Appointing the undersigned counsel as counsel for the FLSA
Collective; and
(5) Giving members of the FLSA Collective 60 days to join this
case, measured from the date the Court-authorized notice is
sent, with one reminder email sent 30 days thereafter to
anyone who did not respond.
Webhelp is a customer service outsourcing company based in Miami,
Florida, specializing in providing support solutions for various
industries.
A copy of the Plaintiff's motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=05oDbw at no extra
charge.[CC]
The Plaintiff is represented by:
Bradley W. Butcher, Esq.
THE DORCEY LAW FIRM, PLC
13515 Bell Tower Drive, Second Floor
Fort Meyers, FL 33907
Telephone: (239) 322-1615
E-mail: bbutcher@dorceylaw.com
- and -
Jesse L. Young, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jyoung@sommerspc.com
WELLS FARGO: Class Cert Briefing Sched in Winkler Suit Extended
---------------------------------------------------------------
In the class action lawsuit captioned as GEOFF WINKLER, as
court-appointed receiver for J&J Consulting Services, Inc., an
Alaska corporation; J&J Consulting Services, Inc., a Nevada
corporation; and J and J Purchasing LLC, Florida limited liability
company, v. WELLS FARGO BANK, N.A., Case No. 2:23-cv-00703-GMN-NJK
(D. Nev.), the Court entered an order granting the Parties'
stipulation to extend briefing schedule for certain motions in
connection with class certification and summary judgment.
(a) The following deadlines apply to motions challenging
experts or evidence in connection with class certification
and summary judgment, including those currently pending and
any filed in the future ("Covered Motions");
(b) Opposition briefs to Covered Motions shall be filed within
28 days of the filing of the motion;
(c) Replies in support of Covered Motions shall be filed within
14 days of the filing of the opposition brief.
Wells Fargo is a full-service bank.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=c2WuX5 at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel C. Girard, Esq.
Jordan Elias, Esq.
Tom Watts, Esq.
Jordan Isern, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dgirard@girardsharp.com
jelias@girardsharp.com
tomw@girardsharp.com
jisern@girardsharp.com
- and -
Eric Gibbs, Esq.
David K. Stein, Esq.
Spencer S. Hughes, Esq.
Emily Beale, Esq.
GIBBS MURA LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
ds@classlawgroup.com
shughes@classlawgroup.com
eb@classlawgroup.com
- and -
Robert L. Brace, Esq.
Maria F. Elosu, Esq.
LAW OFFICES OF ROBERT L. BRACE
1807 Santa Barbara St.
Santa Barbara, CA 93101
Telephone: (805) 886-8458
E-mail: rlbrace@rusty.lawyer
mariaelosulaw@gmail.com
- and -
Miles N. Clark, Esq.
LAW OFFICES OF MILES N. CLARK, LLC
5510 S. Fort Apache Rd., Suite 30
Las Vegas, NV 89148-7700
Telephone: (702) 856-7430
E-mail: miles@milesclarklaw.com
- and -
Jarrod L. Rickard, Esq.
Katie L. Cannata, Esq.
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
- and -
Jeffrey C. Schneider, Esq.
Jason K. Kellogg, Esq.
Marcelo Diaz-Cortes, Esq.
LEVINE KELLOGG LEHMAN
SCHNEIDER + GROSSMAN LLP
100 SE 2nd Street
Miami Tower, 36th Floor
Miami, FL 33131
The Defendant is represented by:
Joseph G. Went, Esq.
Sydney R. Gambee, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Telephone: (702) 669-4600
Facsimile: (702) 669-4650
E-mail: jgwent@hollandhart.com
srgambee@hollandhart.com 1
- and -
K. Issac deVyver, Esq.
Alicia A. Baiardo, Esq.
Anthony Q. Le, Esq.
MCGUIREWOODS
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
E-mail: KdeVyver@mcguirewoods.com
ABaiardo@mcguirewoods.com
ALe@mcguirewoods.com
WELLS FARGO: Class Cert Briefing Schedule in Henzel Extended
------------------------------------------------------------
In the class action lawsuit captioned as Henzel v. Wells Fargo
Bank, N.A. (re: J&J Investment Litigation), Case No.
2:22-cv-00529-GMN-NJK (D. Nev.), the Court entered an order
granting the Parties' stipulation to extend briefing schedule for
certain motions in connection with class certification and summary
judgment.
(a) The following deadlines apply to motions challenging
experts or evidence in connection with class certification
and summary judgment, including those currently pending and
any filed in the future ("Covered Motions");
(b) Opposition briefs to Covered Motions shall be filed within
28 days of the filing of the motion;
(c) Replies in support of Covered Motions shall be filed within
14 days of the filing of the opposition brief.
Wells Fargo is a full-service bank.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=VbfzW1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Daniel C. Girard, Esq.
Jordan Elias, Esq.
Tom Watts, Esq.
Jordan Isern, Esq.
GIRARD SHARP LLP
601 California Street, Suite 1400
San Francisco, CA 94108
Telephone: (415) 981-4800
Facsimile: (415) 981-4846
E-mail: dgirard@girardsharp.com
jelias@girardsharp.com
tomw@girardsharp.com
jisern@girardsharp.com
- and -
Eric Gibbs, Esq.
David K. Stein, Esq.
Spencer S. Hughes, Esq.
Emily Beale, Esq.
GIBBS MURA LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
Facsimile: (510) 350-9701
E-mail: ehg@classlawgroup.com
ds@classlawgroup.com
shughes@classlawgroup.com
eb@classlawgroup.com
- and -
Robert L. Brace, Esq.
Maria F. Elosu, Esq.
LAW OFFICES OF ROBERT L. BRACE
1807 Santa Barbara St.
Santa Barbara, CA 93101
Telephone: (805) 886-8458
E-mail: rlbrace@rusty.lawyer
mariaelosulaw@gmail.com
- and -
Miles N. Clark, Esq.
LAW OFFICES OF MILES N. CLARK,
LLC
5510 S. Fort Apache Rd., Suite 30
Las Vegas, NV 89148-7700
Telephone: (702) 856-7430
E-mail: miles@milesclarklaw.com
- and -
Jarrod L. Rickard, Esq.
Katie L. Cannata, Esq.
SEMENZA KIRCHER RICKARD
10161 Park Run Drive, Suite 150
Las Vegas, NV 89145
- and -
Jeffrey C. Schneider, Esq.
Jason K. Kellogg, Esq.
Marcelo Diaz-Cortes, Esq.
LEVINE KELLOGG LEHMAN
SCHNEIDER + GROSSMAN LLP
100 SE 2nd Street
Miami Tower, 36th Floor
Miami, FL 33131
The Defendant is represented by:
Joseph G. Went, Esq.
Sydney R. Gambee, Esq.
HOLLAND & HART LLP
9555 Hillwood Drive, 2nd Floor
Las Vegas, NV 89134
Telephone: (702) 669-4600
Facsimile: (702) 669-4650
E-mail: jgwent@hollandhart.com
srgambee@hollandhart.com 1
- and -
K. Issac deVyver, Esq.
Alicia A. Baiardo, Esq.
Anthony Q. Le, Esq.
MCGUIREWOODS
1800 Century Park East, 8th Floor
Los Angeles, CA 90067
Telephone: (310) 315-8200
Facsimile: (310) 315-8210
E-mail: KdeVyver@mcguirewoods.com
ABaiardo@mcguirewoods.com
ALe@mcguirewoods.com
WOODBURY WELLNESS: Desoto Wins FLSA Collective Certification
------------------------------------------------------------
In the class action lawsuit captioned as TERESA DESOTO,
individually and on behalf of all others similarly situated, v.
WOODBURY WELLNESS CENTER, INC., Case No. 7:24-cv-00464-BO-RN
(E.D.N.C.), the Hon. Judge Terrence Boyle entered an order granting
stipulation regarding Fair Labor Standards Act (FLSA) collective
certification:
"All hourly, non-exempt Woodbury Wellness employees who
received an automatic meal period deduction at any time during
the past 3 years ("FLSA Collective")."
Desoto alleges Woodbury implemented an automatic meal period
deduction policy, and failed to pay overtime for hours worked over
40 in a workweek by its hourly, non-exempt workers in violation of
the FLSA.
The Parties agree that certification conserves the Parties'
resources from spending time and money on pre-certification
discovery, as well as the Court's time and resources in deciding
precertification discovery disputes and certification itself.
The parties assert certification serves judicial efficiency by
allowing Desoto's claims, and Woodbury's defenses, to be decided in
one proceeding.
The Parties agree to toll the statute of limitations of the FLSA
Collective from the date of the filing of this Stipulation until
the close of the opt-in period.
Woodbury is a senior living facility that provides memory care.
A copy of the Court's order dated March 31, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=l4dKFI at no extra
charge.[CC]
The Plaintiff is represented by:
Carl A. Fitz, Esq.
FITZ LAW PLLC
3730 Kirby Drive, Ste. 1200
Houston, TX 77098
Telephone: (713) 766-4000
E-mail: carl@fitz.legal
- and -
Bert J. Miano, Esq.
MIANO LAW
1213 West Morehead Street
Fifth Floor, Unit #99
Telephone: (704) 275-7199
Facsimile: (704) 630-7199
E-mail: bmiano@mianolaw.com
The Defendant is represented by:
Kevin S. Joyner, Esq.
Vanessa N. Garrido, Esq.
Charlotte C. Smith, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART PC
8529 Six Forks Road, Suite 600
Raleigh, NC 27615
Telephone: (919) 787-9700
Facsimile: (919) 783-9412
E-mail: Kevin.joyner@ogletree.com
Vanessa.Garrido@ogletree.com
Charlotte.Smith@ogletree.com
WOODSTREAM CORP: Court Certifies Maroney Fraud & Warranty Claims
----------------------------------------------------------------
In the class action lawsuit captioned as GREGORY MARONEY, et al.,
v. WOODSTREAM CORPORATION, Case No. 7:19-cv-08294-KMK-JCM
(S.D.N.Y.), the Hon. Judge Kenneth Karas entered an order granting
the Plaintiffs' motion as to the GBL sections 349, 350 claims and
New York common law fraud and breach of express warranty claims but
denying as to all other class members.
The Court concludes that common questions predominate as to
Plaintiffs' New York GBL claims.
Accordingly, the Court finds certification of the breach of express
warranties claim appropriate.
The Plaintiffs do not allege that PestChasers provide some value to
some customers, even under the "functional value" theory. Instead,
they allege that when used in the home, PestChasers are
"functionally worthless."
Therefore, the preceding analysis applies, and the Court holds that
Plaintiffs demonstrated that their damages calculation is subject
to class-wide proof.
The Plaintiffs seek to certify six classes: Nationwide Fraud Class:
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the United States from August 29, 2013, until the
date notice is provided to the Class."
Nationwide Fraud Subclass 1 (3-year statute):
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the states of Arizona, Arkansas, California,
Colorado, Connecticut, Delaware, District of Columbia, Idaho,
Maryland, Massachusetts, Mississippi, Nevada, New Hampshire,
North Carolina, South Carolina, Tennessee, Utah, and Washington
from August 29, 2016, until the date notice is provided to the
Class. "
Nationwide Fraud Subclass 2 (2-year statute):
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the states of Alabama, Alaska, Kansas, Montana,
Oklahoma, Oregon, Pennsylvania, Virginia, and West Virginia
from August 29, 2017, until the date notice is provided to the
Class."
Multistate Breach of Express Warranty Class [1] (4 year statute):
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the states of Alaska, California, Delaware, Iowa,
Kansas, Maine, Minnesota, Missouri, Nebraska, New Hampshire,
New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon,
Pennsylvania, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, and Wyoming, from August 29, 2015, until the date
notice is provided to the Class."
Multistate Breach of Express Warranty Subclass [2] (3-year
statute):
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the state of Colorado from August 29, 2016, until
the date notice is provided to the Class."
New York Subclass:
"All persons who purchased one or more Victor PestChaser Rodent
Repellers in the United States from August 29, 2015, until the
date notice is provided to the Class. "
The Plaintiffs alleges that the labeling on Defendant's
Victor-brand ultrasonic PestChasers are advertised in a manner
which is false and misleading.
Woodstream Corporation manufactures and markets pest control and
wildlife caring and control products.
A copy of the Court's opinion and order dated March 28, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=O7m4aV
at no extra charge.[CC]
The Plaintiffs are represented by:
Aleksandr J. Yarmolinets, Esq.
James Davis, Esq.
Timothy G. Blood, Esq.
BLOOD HURST O'REARDON, LLP
San Diego, CA
- and -
Andrew Obergfell, Esq.
Caroline C. Donovan, Esq.
Yitzchak Kopel, Esq.
Stephen A. Beck, Esq.
BURSOR & FISHER, P.A.
New York, NY
The Defendant is represented by:
Jay P. Lefkowitz, Esq.
Jacob Feiler, Esq.
Robyn E. Bladow, Esq.
Savannah Jensen, Esq.
KIRKLAND & ELLIS LLP
New York, NY
- and -
Leonora Cohen, Esq.
GIBSON, DUNN & CRUTCHER LLP
Los Angeles, LA
YAZAM INC: Seeks to Continue Pope's Bid for Class Certification
---------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL POPE et al., v.
YAZAM, INC. D/B/A EMPOWER, Case No. 1:24-cv-03540-CJN (D.D.C.), the
Defendant asks the Court to enter an order to:
-- continue the Plaintiffs' motion for class certification,
-- issuance of class notice, and appointment of class counsel,
and
-- to stay briefing and other proceedings on that motion, pending
the Court's decision on Empower's motion to dismiss the complaint.
Empower's opposition to the Plaintiffs' class-certification motion
is currently due, without continuance or extension, on April 2,
2025.
If Empower's motion to dismiss this action is granted -- just as it
was in the exceptionally similar Woodford action—then no further
proceedings on the class-certification motion will be necessary,
asserts the Defendant.
On Dec. 19, 2024, the Plaintiffs Michael Pope, Sarah Abel, and
Jordynn Goins filed a Class Action Complaint and Jury Demand. The
Complaint's class action allegations defined a putative Class "as
all Empower passenger-consumers who through the Empower app have
booked and taken rides beginning or ending in the District of
Columbia during the time Empower has operated here."
Yazam provides investment banking services.
A copy of the Defendant's motion dated March 28, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=iXeeXD at no extra
charge.[CC]
The Defendant is represented by:
Matthew M. Madden, Esq.
Lauren C. Andrews, Esq.
KRAMER LEVIN NAFTALIS & FRANKEL LLP
2000 K Street NW, 4th Floor
Washington, DC 20006
Telephone (202) 775-4500
Facsimile: (202) 775-4510
E-mail: mmadden@kramerlevin.com
landrews@kramerlevin.com
[^] CLASS ACTION MONEY & ETHICS CONFERENCE 2025 -- Agenda
---------------------------------------------------------
Registration is ongoing for the 9TH ANNUAL CLASS ACTION MONEY &
ETHICS CONFERENCE (CAME 2025), to be held May 7-8, 2025, at The
Harmonie Club in New York.
Conference Chairs Gerald L. Maatman, Jr., and Jennifer A. Riley,
both Partners at Duane Morris LLP, will welcome participants with
their Opening Remarks and present key findings from their inaugural
Duane Morris-Class Action Review 2025.
"AI in Law" will follow with Denise Scotto, Esq., Managing Director
and Senior Litigation Analyst at Esquire Bank; Etia Rottman Frand,
VP Litigation Partnerships at Darrow; and Mark Berman, Member at
Bond, Schoeneck & King PLLC.
"Guarding the Process: How to Combat Fraud in Class Action Claims"
will be led by Bryan Heller, Chief Operating Officer at ClaimScore;
Eric Schachter, Vice President at AB Data; and Ryan Clarkson,
Managing Partner at Clarkson Law Firm.
This will be followed by "How Securities Litigation Benefits
Investors," to be headed by James Christie and Lauren Ormsbee, both
Partners at Labaton Keller Sucharow LLP.
The morning session will close with a panel on "Data Breach
Litigation: The Next Wave of High-Stakes Class Actions," by
moderator Bryn Bridley, VP of Business Development at Atticus
Administration; Christopher Longley, Co-Founder & CEO at Atticus;
Chris Wood, Partner at Lewis Brisbois; William Federman, Founder &
Managing Member at Federman & Sherwood; Terry Coates, Managing
Partner at Markovits, Stock & DeMarco, LLC; and Alfred "Al"
Saikali, Chair, Privacy and Cybersecurity Practice at Shook Hardy
Bacon.
A Lunch Panel, "Bankruptcy Developments in the Past Year"
spearheaded by the Hon. Melanie L. Cyganowski (Ret.), Partner at
Otterbourg P.C., will discuss how mass tort claims are being
facilitated in bankruptcy.
The session resumes in the afternoon with "Connecting with
Plaintiffs in the Age of Tech," to be led by Evyatar Ben Artzi,
Co-Founder & CEO at Darrow; Rebecca Gilliland, Principal at Beasley
Allen; and Bryan Heller, Chief Operating Officer at ClaimScore.
"The Rise of Mass Arbitration: Strategy, Ethics, and Corporate
Response," will follow with Dai Wai Chin Feman, Managing Director
and Corporate Counsel at Parabellum Capital; Jonathan Waisnor,
Partner & Chair of ADR Practice at Labaton Keller Sucharow LLP;
Ryan Ellersick, Partner at Zimmerman Reed LLP; Tim Kolesk, Partner
at Gibson, Dunn & Crutcher LLP; and Raphael Janove, Founder at
Janove PLLC, leading the discussion.
Josh Janow, CEO at SMI Aware, will then lead the discussion on
"Ethics of Social Media Discovery Panel."
Nick Baum, CEO at Tremendous, will cap the day's events with
"Beyond the Check: How Digital Payments Are Transforming Class
Action Payouts and Fighting Fraud."
The Conference Agenda is available at
https://www.classactionconference.com/agenda.html Register at
https://www.classactionconference.com Breakfast and lunch
included.
This year's conference will kick off with an OPENING NIGHT COCKTAIL
RECEPTION on May 7 from 5-7 p.m. also at The Harmonie Club. Enjoy
specialty cocktails and hors d'oeuvres with other professionals
attending the conference. There is no additional cost to attend the
opening reception. The reception is included in the cost of
conference registration so join us!
This year's event is sponsored by:
(A) Major Sponsors
Atticus Administration, LLC
Visit at https://www.atticusadmin.com
ClaimScore
Visit https://www.claimscore.ai
Duane Morris LLP
Visit https://www.duanemorris.com
Esquire Bank
Visit https://esquirebank.com
Labaton Keller Sucharow
Visit https://www.labaton.com
Tremendous
Visit https://www.tremendous.com
(B) Patron Sponsors
AB Data
Visit https://www.abdataclassaction.com
Darrow AI
Visit https://www.darrow.ai
Miller Kaplan
Visit https://www.millerkaplan.com
(C) Supporting Sponsors
Verita
(Kurtzman Carson Consultants, LLC, KCC Class Action Services,
LLC, Gilardi & Co., LLC, and RicePoint Administration Inc. have
rebranded as Verita)
Visit https://veritaglobal.com
(D) Media Partners
Class Action Insights
Visit https://classactionsinsight.com
PacerMonitor, a Fitch Solutions Company
Visit https://www.pacermonitor.com/dashboard
Once a year, the top industry experts gather together to discuss
the latest topics and trends in class action. This value-packed
event features special presentations from keynote speakers and live
panel discussions with industry experts, and provides networking
opportunities with other professionals.
The CAME 2024 edition was attended by the industry's Who's Who.
Last year's conference attendees include:
Firm/Organization Firm/Organization
----------------- -----------------
A.B. Data, Ltd. Lake Avenue Capital
Alvarez & Marsal Levi & Korsinsky LLP
Analytics Consulting LLC Levine Law, LLC
Angeion Group Lieff Cabraser Heimann
Atticus Administration LLC & Bernstein, LLP
Avenue 33, LLC Locke Lord LLP
Beasley Allen Law Firm LTIMindtree
Beer Marketer's Insights Lynch Carpenter LLP
Berger Montague PC MarGrady Research
Blank Rome Markovits, Stock & DeMarco, LLC
Bloomberg Law Messing & Spector LLP
Brann & Isaacson Milberg
BRG Miller Kaplan
Broadridge Morgan Lewis
Buchanan Ingersoll & Rooney New York Law Journal
Butsch Roberts & Associates New York Legal Assistance Group
Cardtable Enterprises New York Times
Certum Group New York University
Citi Law Firm Group O’Melveny & Myers LLP
ClaimScore Orr Taylor
Cohen Milstein Otterbourg P.C.
Cooley LLP PacerMonitor
Cozen O'Connor Parabellum Capital, LLC
CPT Group Paul, Weiss, Rifkind, Wharton
Darrow & Garrison LLP
DCirrus Penningtons Manches Cooper LLP
Dealpath PJT Partners
Disability Rights Michigan Pollock Cohen LLP
Duane Morris LLP Public Justice
Dukas Linden Public Relations Red Bridges Advisors LLC
EisnerAmper Riverdale Capital
Esquire Bank Sadaka Law
Farra & Wang PLLC Scott+Scott Attorneys at Law
Flexpoint Ford Shook, Hardy & Bacon LLP
Foley & Lardner LLP Simpluris
Foster Yarborough PLLC Skadden, Arps, Slate, Meagher
George Feldman McDonald, PLLC & Flom LLP
Gernon Law Slarskey LLC
Giftogram Steptoe
Gordon Rees Scully Mansukhani Tremendous
Hausfeld Tristate Capital Bank
Hook Point UConn Law
injuryclaims.com - Verus LLC
Typhon Interactive Wall Street Journal
Integrity Administration Western Alliance Bank
Janove PLLC Wilkie Farr & Gallagher LLP
KCC Winston & Strawn LLP
Kessler Topaz Meltzer & Check Wollmuth Maher & Deutsch LLP
King & Spalding Working Solutions
Kirkland & Ellis X Ante
Missed last year's event? Check the CAME 2024 conference agenda at
https://www.classactionconference.com/agenda.html Videos of the
conference are available on-demand at
https://www.classactionconference.com/2024-video-replays.html
For more information, contact:
Will Etchison
Tel: 305-707-7493
E-mail: will@beardgroup.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
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