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C L A S S A C T I O N R E P O R T E R
Tuesday, October 21, 2025, Vol. 27, No. 210
Headlines
20/20 CUSTOM: Seeks More Time to File Anders Class Cert Response
3M COMPANY: Bid to Stay Hernandez Case Pending Mediation Tossed
3M COMPANY: Isbell Suit Transferred to D. South Carolina
3M COMPANY: Jones Suit Transferred to D. South Carolina
3M COMPANY: Key Suit Transferred to D. South Carolina
3M COMPANY: Minton Suit Removed to N.D. Alabama
3M COMPANY: Parris Class Cert Bid Partly OK'd
4805 AUSTELL POWDER: Stanley Sues Over Inaccessible Properties
55 MIRACLE MILE REAL: Pardo Sues Over Discriminative Property
7357 BAR LLC: Herrera Sues Over Disability Discrimination
ACCELLION INC: Brown Class Cert Bid Partly OK'd
AETNA INC: Berton Suit Seeks Initial OK of Class Settlement
AIRBNB INC: Kramer Suit Removed to D. Minnesota
ALASKA AIRLINES: Must Oppose Class Certification by Jan. 14, 2026
ALBA R. LOERA: Pardo Sues Over Discriminative Property
AMAZON PRIME: Parties Seek More Time for Class Cert Bid Filing
AMAZON.COM INC: Court Dismisses Floyd Class Action
AMAZON.COM SERVICES: Frost Sues Over Blind-Inaccessible Website
AMAZON.COM SERVICES: Rai Suit Removed to W.D. Washington
AMERICAN BENCH: Bennett Seeks Equal Website Access for the Blind
AMERICAN HONDA: Modified Scheduling Order Entered in Shamman Suit
ANTHEM COMPANIES: Wins Summary Judgment v. Lazaar
APEX REALTY: Court Narrows Claims in Bell Class Action
APPLE INC: Faces Class Suit for Alleged Copyright Infringement
ARAMARK CAMPUS: Bazemore Suit Removed to E.D. California
ARB GAMING LLC: Harris Files Suit in N.D. Illinois
ARB GAMING LLC: Kowalok Files Suit in N.D. Ohio
ARBY'S RESTAURANT: Court Narrows Claims in Alongis Suit
ASHLEY FURNITURE: Floyd Suit Removed to W.D. Washington
ASPEN CORPORATION: Felton Sues Over Unpaid Overtime Compensation
AUTONATION INC: Justice Suit Removed to W.D. Washington
AVALONBAY COMMUNITIES: Almeida Sues Over Unlawfully Charged Fees
AWE.BJECT LLC: Bennett Seeks Equal Website Access for the Blind
B&G FOODS: Hourly Workers Receive Class Action Compensation
BAI BRANDS: Bid to Seal Class Exhibits Temporarily Granted
BASSETT HEALTHCARE: Court Withdraws Browning Class Cert Bid
BBBB BONDING: Class Cert Fact Discovery Due July 10, 2026
BEIERSDORF INC: Albino Suit Removed to S.D. New York
BELKORP AG LLC: Jones Files Suit in E.D. California
BELL PARTNERS: Morehouse Suit Removed to C.D. California
BESTWAY USA INC: Piceno Suit Transferred to N.D. Illinois
BETTER RISE CAPITA: Soto Files TCPA Suit in E.D. California
BETTER RISE: Kesterson Sues Over Unlawful Telemarketing Calls
BFC SOLUTIONS: Strickland Suit Removed to D. Minnesota
BH MANAGEMENT SERVICES: Deleon Files Suit in E.D. Virginia
BIG AGNES INC: Bennett Sues Over Blind-Inaccessible Website
BONEFIDE PRODUCTIONS: Tehrani Files Suit in Cal. Super. Ct.
BOOM SHAKALAKA: Abbot Files Suit in N.D. Illinois
BOYD GAMING: Cazau-Degenova Sues Over Recent Data Breach
BOYD GAMING: Furman Sues Over Recent Data Security Incident
BOYD GAMING: Jackson Files Suit in D. Nevada
BOYKIN LIMITED: Pardo Sues Over Discriminative Property
BRAND I101: Faces Class Suit Over Falsely Advertised Soap
BRANDEN MARTIN: Walker Suit Seeks to Certify Classes
BRAVO CARE: Wilson Files Suit in Philadelphia Ct. of Common Pleas
BRIGHTSTAR GLOBAL: Mena Files Suit in Cal. Super. Ct.
BRIGHTVIEW LANDSCAPES: Roberts Suit Removed to W.D. Washington
BROOKS AUTOMATION: Deol Sues Over Unlawful Surveillance
C-STORE SERVICES INC: Reyes Files Suit in Cal. Super. Ct.
CALIDAD INDUSTRIES: Alvarez Files Suit in Cal. Super. Ct.
CAMPER ATLANTIC CORP: Dalton Sues Over Blind-Inaccessible Website
CAMPER'S INN INC: Campuzan Files Suit in N.D. Florida
CAPITAL OB/GYN INC: Lipunov Files Suit in Cal. Super. Ct.
CAPITAL ONE FINANCIAL: Shah Suit Transferred to W.D. Texas
CAPITAL ONE SERVICES: Wilmoth Sues Over Unpaid Overtime
CAPITAL ONE: Flesner Suit Transferred to W.D. Pennsylvania
CARD DELIVERY: Standing Order Entered in Shah Class Action
CAREMARKPCS HEALTH: Second Amended Class Complaint Dismissed
CASEY'S RETAIL: Mason Suit Removed to S.D. Iowa
CENTRAL TRANSPORT: Diaz Suit Removed to C.D. California
CERNER CORPORATION: Tripp Suit Transferred to W.D. Missouri
CHANEL INC: Dale Suit Removed to C.D. California
CHARLES RIVER LABORATORIES: Mendez Files Suit in Cal. Super. Ct.
CHARTER COMMUNICATIONS: Maharaj Class Cert Bid Partly OK'd
CHILDREN'S PLACE INC: Watler Files TCPA Suit in C.D. California
CHRISTINA PABST: Anheuser-Busch Suit Removed to N.D. California
CLEVELAND ATKINSON: Myrick Seeks Conditional Cert of Action
COLUMBUS DENTAL CORP: Brooks Files TCPA Suit in S.D. Indiana
COMMODORE CONSTRUCTION: Dutton Sues Over WARN Act Violation
CONCIERGE AUCTIONS: Knoche Files TCPA Suit in M.D. Florida
COOPERATIVE RESPONSE CENTER: Anderson Sues Over Unpaid Wages
CORDS CLUB INC: Bahena Seeks Equal Website Access for the Blind
COSTCO WHOLESALE: Faces Bullard Suit over False Advertising
COVENANT PRACTICE: Cruz Files Suit in Cal. Super. Ct.
CPA GLOBAL: Brainchild Seeks to File Class Exhibits Under Seal
CPA GLOBAL: Brainchild Surgical Seeks Rule 23 Class Certification
CRASH CHAMPIONS: Rocha Suit Removed to W.D. Washington
DAILY HARVEST INC: Frost Sues Over Blind-Inaccessible Website
DALLAS COUNTY, TX: Allman Sues Over Illegal Wage Practices
DAUPHIN COUNTY, PA: Court Narrows Claims in Little Class Suit
DCM SERVICES: Fiorito Sues Over Blind-Inaccessible Websites
DEANCO HEALTHCARE: Wasp Files Suit in Cal. Super. Ct.
DFG RESTAURANTS: Blanco Files Suit in Cal. Super. Ct.
DISNEY WORLDWIDE: Desouvre Sues Over Intrusive Business Practices
DLS EVENTS: Meza Sues Over Failure to Pay All Wages
DOLLAR TREE STORES: Cressey Suit Removed to S.D. California
DRURY HOTELS: $290K Settlement in Knighten Suit Wins Approval
DUMPLING KING GROUP: Campbell Sues Over Unlawful Discrimination
EAST CENTRAL: Appeals Remand Order in Moser Suit to 8th Circuit
ENTEGRIS INC: Hurtado Wage-and-Hour Suit Removed to N.D. Calif.
EQUITY ONE: Marino Sues Over Inaccessible Property
EVANSVILLE VANDERBURGH: Faces Suit Over Discrimination, Retaliation
EVENFLO COMPANY: Faces Class Suit Over Design Hazards of Car Seats
EVERGREEN ALLIANCE GOLF: Conant Files Suit in Cal. Super. Ct.
EVERGUARD HOME INSULATION: Flores Files Suit in Cal. Super. Ct.
EVERGY INC: Doll Seeks Leave to File Exhibits Under Seal
EXACT CARE: Filing for Class Cert Bid in Everett Suit Due Dec. 8
EXPERIAN INFORMATION: Class Cert Bid Filing Due April 9, 2026
EYEMED VISION: $5-Mil. Suit Settlement Final OK Hearing Set Jan. 7
FACTS ON DEMAND: Court Extends Time to File Class Cert Bid
FARMERS INSURANCE: Tongpalad Files Suit in Cal. Super. Ct.
FASTAFF LLC: Court Partly OK's Egan Class Cert Bid
FASTAFF LLC: Scheduling Conference in Egan Set for Nov. 6
FEDERAL SAVINGS: Sapan Loses Class Certification Bid
FERRARI EXPRESS: Rivera Files Suit in Cal. Super. Ct.
FIRST FINANCIAL: Filing for Class Cert Bid Due Jan. 29, 2026
FIVE STAR BANK: Castro Files Suit in Cal. Super. Ct.
FLORIDA NATURAL: Kolkin Sues Over Orange Juice's Deceptive Labels
FLORIDA: Donaldson Class Action Closed
FLOWERS BAKERIES: Austin Files Suit in Cal. Super. Ct.
FOREST & EINSTEIN STAFFING: Holder Files Suit in C.D. California
FREEDOMROADS LLC: Aguilar Suit Removed to E.D. Washington
GENERAL MOTORS: Settles Class Action Over 'Shift to Park' Defect
GIFTROCKET INC: Gracie Suit Seeks to Certify Classes
GKN DRIVELINE: Mebane Appeals Class. Cert & Attorney Fees Orders
GRAINCORP LTD: Settles Class Action Over Noise Emission in Numurkah
HELP AT HOME: Clayborn Sues Over Failure to Pay Minimum Wage
HOTELS.COM LP: Echevarria Appeals Judgment Order to 11th Circuit
J.A. ALEXANDER: Parties Seek Initial OK of Class Action Settlement
JENNMAR CORP: Bid for Decertification of FLSA Class Tossed
KBR INC: Bids for Lead Plaintiff Appointment Due November 18
KEVIN PEDERSEN: Pardo Sues Over Discriminative Property
KSR VENTURE: Blind Users Can't Access Website, Martinez Suit Says
LCT OPCO: Court OKs $450K Wage and Hour Settlement in "Paraham"
LIVEOPS INC: Barajas Sues Over Data Privacy Violations
LOANDEPOT.COM LLC: Class Cert Bid Filing Modified to Dec. 16
LOUISIANA: Appeals Class Cert. Order in Giroir Suit to 5th Circuit
MAREX GROUP: Bids for Lead Plaintiff Appointment Due December 8
METROPOLIS TECHNOLOGIES: Scares Drivers Into Paying Exorbitant Fees
MICROMOBILITY.COM INC: Barro Seeks to Certify Purchaser Class
MICROSOFT CORP: Faces Antitrust Class Lawsuit Over OpenAI Deal
MINWAX : Frost Sues Over Blind-Inaccessible Website
MOLINA HEALTHCARE: Bids for Lead Plaintiff Appointment Due Dec. 2
NAHON SAHAROVICH: Attys Get $77K in "Garbarino" Data Breach Case
NATIONAL GRID: Rosen Law Investigates Potential Securities Claims
NEW HAMPSHIRE: Clark Suit Seeks Class Certification
NEW YORK TIMES: Hoffman Suit Removed to D. New Jersey
NEW YORK, NY: Partially Wins Bid for Summary Judgment
NEWELL BRANDS INC: Corbett Files Suit in E.D. New York
NINTENDO OF AMERICA: J.A. Suit Transferred to N.D. California
NISSAN NORTH AMERICA: Dunbar Sues Over Defective Class Vehicles
NORDSTROM INC: Ayala Suit Removed to C.D. California
NORIGAMI INC: Doncouse Sues Over Discrimination on Premises
NORTH MEMORIAL: Partially Wins Discovery Bid in "Kaliher" Suit
NORTHERN STAR: Bybee Sues to Recover Unpaid Wages
OPPENHEIMER HOLDINGS: Court Narrows Claims in LCG Class Suit
ORLANDO HEALTH: Plaintiff Files Bid for Class Certification
ORLANDO HEALTH: W.W. Seeks Leave to File Declaration Under Seal
OUTCOMES ONE: Parties Must Confer Class Cert Deadlines
PANERA BREAD: Cohan Sues Over Discriminative Property
PARTY CITY: $3.9MM Class Settlement Gets Final Court Approval
PEAK MANAGEMENT: Thompson Suit Removed to D. Maryland
PENSKE TRUCK: Mercardo Labor Suit Removed to C.D. Calif.
PG&E CORPORATION: Court Junks Securities Suit
PIPING ROCK: CMP & Scheduling Order Entered in Ama Lawsuit
PNC FINANCIAL: Faces Class Action Over Unprotected Personal Info
PROCTER & GAMBLE: Parties Seek To Modify Class Cert Schedule
QUANEX BUILDING: Bids for Lead Plaintiff Appointment Set Nov. 18
QUANTUM CORP: Bids for Lead Plaintiff Appointment Set November 3
QUICK MED: Class Cert. Discovery in Roth Suit Due Feb. 27, 2026
REYNOLDS CONSUMER: Class Cert Hearing in Washington Adjourned
SALT HARBOR INC: Mosquera Sues Over Unpaid Minimum Wages
SOM JAI: Porfirio Suit Referred to Magistrate Judge for Pretrial
STATE FARM: Faces Class Suit Over Auto Claims Payouts in Tennessee
STRADA SERVICES: Parties Must Confer Class Cert Deadlines
T-MOBILE USA INC: Diaz Suit Removed to E.D. California
TAIWAN SEMICONDUCTOR: Must Produce Performance Data, Court Says
TANDEM DIABETES: Rosen Law Probes Potential Securities Claims
TARGET CORP: Parties Seek Class Certification Briefing Schedules
TENNESSEE: Court Narrows Claims in Doe Suit
THERAPYMATCH INC: Biberfeld Class Suit Removed to S.D.N.Y.
TIKTOK INC: Faces Class Suit in Canada Over Psychological Harm
TRANS UNION: Theodore Suit Seeks Class Certification of Claims
TRANSUNION LLC: Kaplan Seeks Rule 23 Class Certification
TRANSUNION LLC: Kaplan Seeks to File Docs Under Seal
TRANSUNION LLC: Trotman Must File Amended Complaint by Oct. 31
UNDER ARMOUR: Rappaport Appeals Suit Dismissal to 2nd Circuit
UNION PACIFIC: Black Suit Seeks Rule 23 Class Certification
UNION PACIFIC: Seeks to Exclude Expert Witnesses' Opinions
UNITED NATURAL: Mediation on Securities Suit Set for Nov. 17
UNITED STATES: Appeals TRO and Injunction Order in Casa Class Suit
UNITED STATES: Osborne Appeals Court Order to 2nd Circuit
UNITED STEELWORKERS: Class Cert Discovery Due Feb. 9, 2026
UNITED WHOLESALE: Court Narrows Claims in Escue Suit
US RENAL CARE: Taclob Suit Removed to C.D. California
VAUGHAN MCLEAN: Demetro Class Action Dismissed
VIRGINIA WHITE: RWC Seeks to Stay Class Cert Proceedings
WASHINGTON TIMES: Must File Responsive Pleading by Nov. 3
WATA INC: Filing for Third Bid for Class Certification Due Oct. 29
WEDGE MEDICAL: Filing for Class Cert Bid Due Jan. 22, 2026
WESTERN CONFERENCE: Modified Case Schedule in Paieri Suit Entered
WILDE BRANDS: Fischer Sues Over Deceptively Sold Products
WPP PLC: Bids for Lead Plaintiff Appointment Due December 8
XCEL ENERGY: Status Report Entered in Arandell Class Action
XTO ENERGY: Wins Summary Judgment Bid vs Brusamonti
*********
20/20 CUSTOM: Seeks More Time to File Anders Class Cert Response
----------------------------------------------------------------
In the class action lawsuit captioned as DALTON ANDERS, on behalf
of himself and all others similarly situated, v. 20/20 CUSTOM
MOLDED PLASTICS, LTD, Case No. 1:25-cv-00468-ALT (N.D. Ind.), the
Defendant asks the Court to enter an order enlarging the deadline
for the Defendant to file its response to the Plaintiff's motion
for conditional certification of collective action up to and
including Oct. 15, 2025.
The Defendant contends that it requires additional time to respond
to Plaintiff's Motion for Certification due to the fact that it is
just now answering the Complaint.
On Sept. 4, 2025, the Plaintiff filed his collective action
complaint for damages.
On Sept. 8, 2025, the Plaintiff filed his motion for certification.
The Defendant manufactures plastic products.
A copy of the Defendant's motion dated Oct. 1, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=93RR60 at no extra
charge.[CC]
The Defendant is represented by:
Michelle Neidigh Maslowski, Esq.
David B. Jordan, Esq.
LITTLER MENDELSON, P.C.
111 Monument Circle, Suite 702
Indianapolis, IN 46204
Telephone: (317) 287-3600
Facsimile: (317) 636-0712
E-mail: mmaslowski@littler.com
djordan@littler.com
3M COMPANY: Bid to Stay Hernandez Case Pending Mediation Tossed
---------------------------------------------------------------
In the class action lawsuit captioned as MARIO , v. 3M COMPANY, et
al., Case No. 5:25-cv-00960-FLA-SP (C.D. Cal.), the Hon. Judge
Fernando Aenlle-Rocha entered an order:
-- Denying joint motion to stay case pending mediation; and
-- Extending deadline to hear motion for class certification on
the court's own motion.
On Sept. 10, 2025, the Plaintiff and the Defendant 3M Company filed
a joint motion to stay case pending mediation. The parties state
they have confirmed and scheduled an Oct. 28, 2025, mediation date,
and request the court stay all discovery through the completion of
mediation.
The parties' desire to focus their efforts on mediation does not
constitute good cause for the stay requested. Accordingly, the
motion is denied. Nevertheless, the court exercises its discretion
to extend the deadline for a hearing on a motion for class
certification to May 1, 2026, on the court's own motion.
3M Company is an American multinational conglomerate operating in
the fields of industry, worker safety, and consumer goods.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7Sb0xA at no extra
charge.[CC]
3M COMPANY: Isbell Suit Transferred to D. South Carolina
--------------------------------------------------------
The case styled as Blake Isbell, et al, and on behalf of all others
similarly situated v. 3M Company, et al., Case No. 2:25-cv-01419
was transferred from the U.S. District Court for the Northern
District of Alabama, to the U.S. District Court for the District of
South Carolina on Sept. 26, 2025.
The District Court Clerk assigned Case No. 2:25-cv-12708-RMG to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiffs are represented by:
Gary A. Anderson, Esq.
Gregory A. Cade, Esq.
Kevin B. McKie, Esq.
Yahn Eric Olson, esq.
ENVIRONMENTAL LITIGATION GROUP PC
2160 Highland Avenue South
Birmingham, AL 35205
Phone: (205) 328-9200
Fax: (205) 328-9206
Email: gary@elglaw.com
GregC@elglaw.com
kmckie@elglaw.com
yolson@elglaw.com
3M COMPANY: Jones Suit Transferred to D. South Carolina
-------------------------------------------------------
The case styled as Angela Jones, et al., and on behalf of all
others similarly situated v. 3M Company, et al., Case No.
2:25-cv-01469 was transferred from the U.S. District Court for the
Northern District of Alabama, to the U.S. District Court for the
District of South Carolina on Sept. 30, 2025.
The District Court Clerk assigned Case No. 2:25-cv-12743-RMG to the
proceeding.
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 Plaintiffs are represented by:
Gary A. Anderson, Esq.
Gregory Cade, Esq.
Kevin B. McKie, Esq.
Yahn Eric Olson, esq.
ENVIRONMENTAL LITIGATION GROUP PC
2160 Highland Avenue South
Birmingham, AL 35205
Phone: (205) 328-9200
Fax: (205) 328-9206
Email: gary@elglaw.com
GregC@elglaw.com
kmckie@elglaw.com
yolson@elglaw.com
3M COMPANY: Key Suit Transferred to D. South Carolina
-----------------------------------------------------
The case styled as John W. Key, et al, and on behalf of all others
similarly situated v. 3M Company, et al., Case No. 2:25-cv-01420
was transferred from the U.S. District Court for the Northern
District of Alabama, to the U.S. District Court for the District of
South Carolina on Sept. 26, 2025.
The District Court Clerk assigned Case No. 2:25-cv-12706-RMG to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability.
3M -- http://www.3m.com/-- is an American multinational
conglomerate operating in the fields of industry, worker safety,
healthcare, and consumer goods.[BN]
The Plaintiffs are represented by:
Gary A. Anderson, Esq.
Gregory A. Cade, Esq.
Kevin B. McKie, Esq.
Yahn Eric Olson, esq.
ENVIRONMENTAL LITIGATION GROUP PC
2160 Highland Avenue South
Birmingham, AL 35205
Phone: (205) 328-9200
Fax: (205) 328-9206
Email: gary@elglaw.com
GregC@elglaw.com
kmckie@elglaw.com
yolson@elglaw.com
3M COMPANY: Minton Suit Removed to N.D. Alabama
-----------------------------------------------
The case captioned as Ronald Minton, Jr., et al., individually and
on behalf of all others similarly situated v. THE 3M COMPANY, et
al., Case No. 01-CV-2025-903089.00 was removed from the Circuit
Court for the Tenth Judicial Circuit, Jefferson County, Alabama, to
the United States District Court for Northern District of Alabama
on Sept. 2, 2025, and assigned Case No. 2:25-cv-01476-ACA.
The Plaintiffs seek to hold 3M and certain other Defendants liable
based on their alleged conduct in designing, manufacturing, and/or
selling aqueous film forming foams ("AFFF") and/or firefighter
turnout gear ("TOG") that Plaintiffs allege were used in
firefighting activities, thereby causing injury to Plaintiffs. In
relevant part, Plaintiffs allege that 3M and certain other
Defendants sold AFFF containing per- and polyfluoroalkyl substances
("PFAS"), including perfluorooctanoic acid ("PFOA") and
perfluorooctane sulfonic acid ("PFOS"). Moreover, each Plaintiff
expressly alleges that he "regularly used, and was thereby directly
exposed to, AFFF . . . in training and to extinguish fires during
his working career as a military and/or civilian firefighter," that
he "was exposed to PFAS chemicals through drinking water both at
home and at their place of work" and allegedly suffered injury due
to "contamination on behalf of the defendants, and potential AFFF
sources," and allegedly suffered injury "as a result of exposure to
Defendants' AFFF or TOG products."[BN]
The Defendants are represented by:
M. Christian King, Esq.
Harlan I. Prater, IV, Esq.
W. Larkin Radney, IV, Esq.
Jacob M. Salow, Esq.
LIGHTFOOT, FRANKLIN & WHITE, L.L.C.
The Clark Building
400 North 20th Street
Birmingham, AL 35203-3200
Phone: (205) 581-0700
Email: cking@lightfootlaw.com
hprater@lightfootlaw.com
lradney@lightfootlaw.com
jsalow@lightfootlaw.com
3M COMPANY: Parris Class Cert Bid Partly OK'd
---------------------------------------------
In the class action lawsuit captioned as EARL PARRIS, JR.
Individually, and on behalf of a Class of persons similarly
situated, v. 3M COMPANY, et al., Case No. 4:21-cv-00040-TWT (N.D.
Ga.), the Hon. Judge Thomas Thrash, Jr. entered an order granting
in part and denying in part the Plaintiff Parris's motion for class
certification.
The motion for class certification is granted as to the past
damages sought through the Damages Class, but the motion is denied
as to the future damages sought through the Damages Class and the
Injunction Class.
The Court is persuaded that the City's suit is the "most efficient,
effective and economic means of settling the controversy" without
sacrificing fairness to the putative class.
The request to certify a class for future damages faces
insurmountable obstacles.
The trouble with the Plaintiff's proposed Injunction Class is that
he does not want this Court to order Defendants to do (or stop
doing) anything now, besides paying money to remedy the purported
harm to the putative class.
Specifically, the demands that Defendants pay for, among other
things, an expensive GAC filtration system. But that request is
just a dressed-up version of his request for monetary
damages—Parris has not shown and cannot show that this so called
"injunction" request differs in any way from his request for
damages to cover the cost of the filtration system.
The Plaintiff Earl Parris, Jr. alleges that the Defendants have
contaminated his household water with PFAS. Parris is a resident of
Summerville, Georgia, who receives potable water to his home from
the Summerville Public Works and Utilities Department.
The case arises out of the contamination of the Raccoon Creek
watershed in Chattooga County, Georgia, with per- and
polyfluoroalkyl substances known as "PFAS."
PFAS are a group of synthetic chemicals that have been used since
the 1940s in "a wide variety of industrial and commercial
applications."
3M manufactures a wide range of products, including abrasives,
adhesive tape and related products.
A copy of the Court's opinion and order dated Sept 29, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=zYhsax
at no extra charge.[CC]
4805 AUSTELL POWDER: Stanley Sues Over Inaccessible Properties
--------------------------------------------------------------
Solomon Stanley, individually, and all others so similarly situated
v. 4805 AUSTELL POWDER SPRINGS, LLC, A Domestic Limited Liability
Company, Case No. 1:25-cv-05744-MHC (N.D. Ga., Oct. 6, 2025), is
brought for injunctive relief, and attorney's fees, litigation
expenses, and costs pursuant to the Americans with Disabilities Act
("ADA"), which contained numerous architectural barriers for the
disabled.
The Plaintiff, upon visiting the property, personally suffered
discrimination because of his disability. There are several
elements and spaces that Plaintiff personally encountered and which
discriminated against him based upon him disability, such as: There
is no accessible parking for a disabled individual to use. There
are no access aisles for a disabled individual to use. There is a
lack of signage indicating where the accessible parking is located.
There is an excessive threshold at the entrance door that creates a
tripping hazard for a disabled individual. There is a lack of an
accessible route from the parking to the entrance for a disabled
individual to use.
The Plaintiff will continue to suffer such discrimination, injury
and damage without the immediate relief provided by the ADA as
requested herein. The Plaintiff has been denied access to, and has
been denied the benefits of services, programs and activities of
the Defendant's buildings and its facilities, the opportunity to
use such elements, and have otherwise been discriminated against
and damaged by the Defendants because of the Defendant's ADA
violations, says the complaint.
The Plaintiff suffers from mobility issues, utilizes prescribed
knee braces, must ambulate with a cane.
The Defendant owns, leases, leases to, or operates BP Gas Station,
and is responsible for complying with the obligations of the
ADA.[BN]
The Plaintiff is represented by:
Pete M. Monismith, Esq.
1000 Main Street, Suite 2016
Pittsburgh, PA 15215
Phone: 724-610-1881
Email: Pete@monismithlaw.com
55 MIRACLE MILE REAL: Pardo Sues Over Discriminative Property
-------------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. 55 MIRACLE MILE REAL ESTATE AND
INVESTMENTS, LLC and 70 ARAGON, INC. D/B/A ANABA RESTAURANT AKA
IRON SUSHI, Case No. 1:25-cv-24610-JB (S.D. Fla., Oct. 7, 2025), is
brought for injunctive relief, attorneys' fees, litigation
expenses, and costs pursuant to the Americans with Disabilities Act
("ADA") as a result of the Defendant's discrimination against the
individual Plaintiff by denying him access to, and full and equal
enjoyment of, the goods, services, facilities, privileges,
advantages and/or accommodations of the Commercial Property and
business located therein, as prohibited by the ADA.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendant has yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead-time and the extensive publicity the ADA has received since
1990, Defendant has continued to discriminate against people who is
disabled in ways that block them from access and use of Defendant's
property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
restaurant, including but not necessarily limited to the
allegations of this Complaint. Plaintiff has reasonable grounds to
believe that he will continue to be subjected to discrimination at
the commercial property, in violation of the ADA. The Defendants
have discriminated against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
55 MIRACLE MILE REAL ESTATE AND INVESTMENTS, LLC owns, operates
and/or oversees the commercial property.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
7357 BAR LLC: Herrera Sues Over Disability Discrimination
---------------------------------------------------------
Oscar Herrera, on behalf of others similarly situated v. 7357 BAR
LLC, d/b/a SUNNY'S, a Florida limited liability company, Case No.
1:25-cv-24441-XXXX (S.D. Fla., Sept. 26, 2025), is brought for
declaratory and injunctive relief, attorney's fees, costs, and
litigation expenses for unlawful disability discrimination in
violation of Title III of the Americans with Disabilities Act
("ADA").
The Defendant owns, controls, maintains, and/or operates an adjunct
website, https://sunnysmia.com (the "Website"). One of the
functions of the Website is to provide the public information on
the location of Defendant's physical restaurant. The Defendant also
sells to the public its food and beverage products through the
Website, which acts as a critical point of sale and ordering for
Defendant's food and beverage products made in and also available
for purchase in, from, and through Defendant's physical
restaurant.
The Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
websites. However, Defendant's Website contains access barriers
that prevent free and full use by blind and visually disabled
individuals using keyboards and available screen reader software.
These access barriers, one or more of which were experienced by
Plaintiff, are severe and pervasive and, as confirmed by
Plaintiff's expert, include the following (with reference to the
Web Content Accessibility Guidelines ("WCAG"), says the complaint.
The Plaintiff has been a blind and visually disabled person who has
been medically diagnosed with complete blindness as a result of
trauma to both eyes.
The Defendant owns, operates, and/or controls a restaurant located
in Miami, Florida.[BN]
The Plaintiff is represented by:
Rodenck V. Hannah, Esq.
RODERICK V. HANNAH, ESQ., P.A.
4800 N. Hiatus Road
Sunrise, FL 33351
Phone: 954/362-3800
Facsimile: 954/362-3779
Email: rhannah@rhannahlaw.com
- and -
Pelayo Duran, Esq.
LAW OFFICE OF PELAYO
6355 NW. 36th Street, Suite 307
Virginia Gardens, FL 33166
Phone: 305/266-9780
Facsimile: 305/269-8311
Email: duranandassociates@gmail.com
ACCELLION INC: Brown Class Cert Bid Partly OK'd
-----------------------------------------------
In the class action lawsuit captioned as Brown v. Accellion, Inc.
(RE ACCELLION, INC. DATA BREACH LITIGATION), Case No.
5:21-cv-01155-EJD (N.D. Cal.), the Hon. Judge Edward Davila entered
an order:
-- granting Accellion's motion to strike and striking paragraphs
5–8, 13, 15, 17, and 19–63 of Mr. Korczyk's report, and
-- granting in part and denying in part the motion for class
Certification.
The Court certifies the following classes: UC Regents Subclass
(represented by Chavez, Galvis, and McDole), Centene Subclass
(represented by Olson), Flagstar Subclass (represented by Moniz),
WASAO Subclass (represented by Rodriguez and Worrick), and the WCPA
Subclass (represented by Rodriguez and Worrick). These subclasses
are certified only as to the disclosure of private information
theory of injury and nominal damages. The parties shall meet and
confer and present the Court with a stipulated schedule (or a joint
status report setting forth competing proposals) within twenty-one
(21) days of this Order.
The Court finds that the Plaintiffs have satisfied the requirements
for certifying their customer specific subclasses. As the
Plaintiffs indicate that they would prefer a nominal damages class
under Rule 23(b)(3) over a liability-only issue class under Rule
23(c)(4), the Court certifies those subclasses under Rule 23(b)(3).
The primary class that Plaintiffs ask the Court to certify is
defined as follows:
Negligence Class:
"All natural persons whose PII [personally identifiable
information] and/or PHI [personal health information] was
compromised as a result of the Data Breach of the following
Accellion customers (i) The Regents of the University of
California, (ii) Centene, (iii) Flagstar, (iv) Washington
State Auditor’s Office, and (v) Kroger, and who resided in
California, Georgia, Illinois, Michigan, Oklahoma, Tennessee,
Texas, or Washington at the time of the Data Breach."
In the alternative, Plaintiffs propose two sets of subclasses. The
first set of subclasses is divided by Accellion customer:
UC Regents Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in California at the time of, the
Data Breach of The Regents of The University of California's
FTA.
Centene Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in California at the time of, the
Data Breach of Centene's FTA."
Flagstar Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in California at the time of, the
Data Breach of Flagstar's FTA."
WASAO Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Washington at the time of, the
Data Breach of the Washington State Auditor's Office's FTA."
These customer-specific subclasses would be narrower than the
proposed Negligence Class because they do not include residents of
Georgia, Illinois, Tennessee, Texas, Oklahoma, or Michigan. Id. at
12 n.5. They also exclude individuals whose personal data was
exposed by the breach of Kroger.
The second set of alternative subclasses is divided by state.
Plaintiffs propose three state specific subclasses:
California Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of the Data Breach of the following Accellion customers
(i) The Regents of the University of California, (ii) Centene,
and (iii) Flagstar and who resided in California at the time
of the Data Breach."
Oklahoma Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Oklahoma at the time of, the
Data Breach of Kroger's FTA."
Washington Subclass:
"All natural persons whose PII and/or PHI was compromised as a
result of, and who resided in Washington at the time of, the
Data Breach of the Washington State Auditor's Office's FTA."
WCPA Subclass
The Plaintiffs also propose a WCPA Subclass that is identical to
the WASAO Subclass in every way except that the underlying claim is
violation of the WCPA. The reasons for certifying the
WASAO Subclass apply with equal force to the WCPA Subclass, so the
Court certifies this subclass as well.
Accellion is a technology company that develops and markets
software products for securely transferring sensitive files and
data.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=AHGaR1 at no extra
charge.[CC]
AETNA INC: Berton Suit Seeks Initial OK of Class Settlement
-----------------------------------------------------------
In the class action lawsuit captioned as MARA BERTON, on behalf of
herself and all others similarly situated, v. AETNA INC. and AETNA
LIFE INSURANCE COMPANY, Case No. 4:23-cv-01849-HSG (N.D. Cal.), the
Plaintiff, on Nov. 6, 2025, will move the Court pursuant to Federal
Rule of Civil Procedure sections 23(a), (b)(2), (b)(3), and (e) for
an order:
(i) preliminarily approving the proposed class action
settlement entered into between the Plaintiff and the
Defendants Aetna Inc. and Aetna Life Insurance Co.
("Settlement"), a copy of which is attached as Exhibit A
to the Declaration of Rebecca Peterson-Fisher;
(ii) provisionally certifying the settlement Classes;
(iii) appointing Plaintiff as Class Representative of both
Classes;
(iv) appointing the Plaintiff's Counsel as Class Counsel for
both Classes;
(v) appointing Atticus Administration LLC ("Atticus") as
Settlement Administrator;
The Parties have agreed to seek the preliminary certification of
the following injunctive settlement class pursuant to FRCP
23(b)(2):
"Individuals with uteruses in an Eligible LGBTQ+
Relationship who are currently or will be covered during
the Class Period for the National Injunctive Relief Class
by a commercial health plan provided or administered by
Aetna Life Insurance Company in the United States that
includes fertility benefits and (1) who meet the clinical
criteria for fertility services under the currently
operative or any subsequent version of CPB No. 327 other
than the criteria challenged in this Civil Action and (2)
who currently or will in the future want to obtain
coverage for intrauterine ("IUI") or intracervical
insemination ("ICI"), or request a form of IVF consistent
with Advanced Reproductive Technology ("ART") coverage
pursuant to Aetna's clinical policy requiring trials of
less invasive therapeutic approaches as defined in CPB No.
327."
The Parties also have agreed to seek preliminary certification of
the following damages settlement class pursuant to FRCP 23(b)(3)
(the "California Damages Settlement Class"):
"All California Commercial Plan members: (1) who were
covered during the California Damages Class Period and at
the time of service by a plan that offered coverage for
infertility treatments; (2) for whom there is not a
reason, other than the Definition of Infertility, why the
individual did not qualify for coverage for infertility
treatments obtained under the individual's healthcare
plan; (3) who meet the criteria for Categories A, B, C, or
D as set forth below; and (4) who, if members of
Categories B, C, or D, file any Attestation and/or Claim
Form Submission required by the Settlement Agreement to
participate in the Settlement.
Category A: Category A class members consist of California
residents whose Aetna member files contain a denial of a
precertification or claim request for one of an agreed-upon set of
IUI/ICI codes and whose member files contain information to suggest
they were a person with a uterus in an Eligible LGBTQ+ Relationship
at the time they sought coverage for IUI/ICI. Category A members
will receive notice of the settlement and will be automatically
entitled for all payments unless they opt out.
Category B: Potential Category B California Damages Class Members
consist of California residents whose Aetna member files contain a
denial of a precertification or claim request for one of an
agreed-upon set of IUI/ICI codes and whose Aetna member files do
not indicate they were in a heterosexual relationship at the time
they sought coverage.
These individuals will receive notice and an opportunity to submit
an Attestation certifying they were individuals with uteruses in an
Eligible LGBTQ+ Relationship at the time they sought IUI/ICI
coverage. The people who submit an Attestation and meet the other
eligibility criteria in this Agreement will be Category B
California Damages Class Members entitled to receive settlement
payments (as set forth in Part D below).
Category C: Potential Category C Class Members who will receive
direct notice are Aetna members who were either denied or approved
for an agreed-upon set of IVF codes during the Class Period. In
addition to direct notice to Potential Category C Class Members,
the Parties will issue publication notice via an agreed-upon set of
publications and/or social media sites.
The people who respond with (1) an Attestation certifying they were
individuals with uteruses in an Eligible LGBTQ+ Relationship at the
time of seeking services during the Class Period, and (2) a Claim
Form setting forth evidence satisfactory to the Parties of
out-of-pocket costs incurred for IUI/ICI during the Class Period,
will be Category C California Damages Class Members entitled to
receive settlement payments.
Category D: Potential Category D Class Members consist of
California residents whose Aetna member files contain a denial of a
precertification or claim request for one of an agreed-upon set of
IUI/ICI codes and whose Aetna member files establish that the
individual had a denial that was followed by an approval within 90
days, or was otherwise paid by Aetna.
There are two subcategories of potential California Damages Class
Members within D:
i. Category D-A is made up of individuals with uteruses whose Aetna
member files contain information to suggest they were in an
Eligible LGBTQ+ Relationship at the time they sought coverage;
ii. Category D-B is made up of individuals with uteruses whose
Aetna member files do not indicate they were in a heterosexual
relationship at the time they sought coverage.
The Complaint defined the California Damages Class as:
All LGBTQ individuals with uteruses who, at any time in the last
four years, are or were Members of an Aetna health plan in
California that included fertility benefits and incorporated
Aetna’s Infertility Policy, and who incurred out-of-pocket
expenses and/or other compensable damages as a result of Aetna’s
Infertility Policy.
The Plaintiff seeks preliminary approval of a class action
settlement with the Defendants that includes an estimated monetary
recovery of $11,408 per person as well as important policy changes.
The Plaintiff’s Complaint alleges a single cause of action for
discrimination in violation of Section 1557 of the Affordable Care
Act, on behalf of a California Damages Class and a National
Injunctive Relief Class.
The Complaint alleges that Aetna designed, sold, and administered
health benefit plans that facially discriminated on the basis of
sex, including sexual orientation and/or gender identity, in the
provision of fertility benefits.
Aetna is an American managed health care company that sells
traditional and consumer directed health care insurance and related
services.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EWkd40 at no extra
charge.[CC]
The Plaintiff is represented by:
Rebecca Peterson-Fisher, Esq.
Jennifer L. Liu, Esq.
Hugh Baran, Esq.
Marilyn Robb, Esq.
KATZ BANKS KUMIN LLP
235 Montgomery St. Suite 665
San Francisco, CA 94104
Telephone: (415) 813-3260
Facsimile: (415) 813-2495
E-mail: peterson-fisher@katzbanks.com
liu@katzbanks.com
baran@katzbanks.com
robb@katzbanks.com
- and -
Barbara J. Chisholm, Esq.
E. Leonard, Esq.
Connie K. Chan, Esq.
Robin S. Tholin, Esq.
ALTSHULER BERZON LLP
177 Post Street, Suite 300
San Francisco, CA 94108
Telephone: (415) 421-7151
Facsimile: (415) 362-8064
E-mail: bchisholm@altshulerberzon.com
dleonard@altshulerberzon.com
cchan@altshulerberzon.com
rtholin@altshulerberzon.com
- and -
Michelle Banker, Esq.
Alison Tanner, Esq.
Noel Leon, Esq.
NATIONAL WOMEN'S LAW CENTER
1350 I Street NW, Suite 700
Washington, DC 20005
Telephone: (202) 588-5180
E-mail: mbanker@nwlc.org
atanner@nwlc.org
nleon@nwlc.org
AIRBNB INC: Kramer Suit Removed to D. Minnesota
-----------------------------------------------
The case captioned as Tom and Rachael Kramer, on behalf of
themselves and others similarly situated v. AIRBNB, INC., Case No.
62-CV-25-8562 was removed from the Ramsey County District Court, to
the United States District Court for District of Minnesota on Oct.
1, 2025, and assigned Case No. 0:25-cv-03822.
In the Complaint, Plaintiffs assert claims pursuant to the
Minnesota Deceptive Trade Practices Act, the Minnesota Consumer
Fraud Act, and Minnesota Unfair Claims Practices Act, in connection
with the host damage protection contractual guarantee that Airbnb
offers to hosts, like Plaintiffs, who list their properties for
booking using Airbnb's online marketplace. The Plaintiffs allege
that Airbnb "engages in unfair, deceptive, confusing, or
unconscionable acts or practices" by making certain allegedly
deceptive representations about the nature of its host damage
protection program.[BN]
The Defendants are represented by:
Andrew M. Meerkins, Esq.
FOLEY & LARDNER LLP
777 E Wisconsin Ave
Milwaukee, WI 53202-5306
Phone: 414.271.2400
Fax: 414.297.4900
Email: ameerkins@foley.com
ALASKA AIRLINES: Must Oppose Class Certification by Jan. 14, 2026
-----------------------------------------------------------------
In the class action lawsuit captioned as WESLEY MARECHEAU, an
individual, on behalf of himself and others similarly situated, v.
ALASKA AIRLINES, INC., an Alaska corporation; and DOES 1 through
50, inclusive, Case No. 3:24-cv-03780-JD (N.D. Cal.), the Parties
ask the Court to enter an order as follows:
1. The dates in the Court's second amended scheduling order will
remain the same; and
2. The opposition to the motion for class certification deadline
shall be Jan. 14, 2026, and the reply deadline shall be Feb.
4, 2026.
The Parties anticipate they will need additional time to prepare
their opposition and reply, to provide sufficient time for any
depositions if needed, and in light of the Thanksgiving holiday.
The Plaintiff's counsel will also be unavailable, as indicated in
their notice of unavailability, and unable to attend or defend any
depositions, from Dec. 22, 2025, through Jan. 2, 2026.
Alaska provides air transportation services.
A copy of the Parties' motion dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Rj7G3w at no extra
charge.[CC]
The Plaintiff is represented by:
Natalie Haritoonian, Esq.
Arsine Grigoryan, Esq.
Rose Sorial, Esq.
D.LAW, INC.
450 N Brand Blvd., Ste. 840
Glendale, CA 91203
Telephone: (818) 962-6465
Facsimile: (818) 962-6469
E-mail: n.haritoonian@d.law
a.grigoryan@d.law
r.sorial@d.law
The Defendants are represented by:
Paul S. Cowie, Esq.
Patricia M. Jeng, Esq.
Melissa Hughes, Esq.
Julia G. Remer, 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: pcowie@sheppardmullin.com
pjeng@sheppardmullin.com
mhughes@sheppardmullin.com
jremer@sheppardmullin.com
ALBA R. LOERA: Pardo Sues Over Discriminative Property
------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. ALBA R. LOERA and LA CRUZADA
RESTAURANT, LLC, Case No. 1:25-cv-24576-BB (S.D. Fla., Oct. 6,
2025), is brought for injunctive relief, attorneys' fees,
litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendant's
discrimination against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
Commercial Property and business located therein, as prohibited by
the ADA.
Although well over 33 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead time and the extensive publicity the ADA has received
since 1990, Defendants have continued to discriminate against
people who are disabled in ways that block them from access and use
of Defendants' property and the businesses therein.
The Plaintiff found the commercial property and commercial
restaurant business to be rife with ADA violations, despite having
been previously sued by other Plaintiffs for ADA violations. The
Plaintiff encountered architectural barriers at the commercial
property and commercial restaurant business located within the
commercial property and wishes to continue his patronage and use of
the premises.
The Plaintiff has encountered architectural barriers that is in
violation of the ADA at the subject commercial property. The
barriers to access at Defendants' commercial property and
commercial restaurant business has each denied or diminished
Plaintiff's ability to visit the commercial property and restaurant
and has endangered his safety in violation of the ADA.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
ALBA R. LOERA, owned and operated a commercial property at 331 Park
Place, Homestead, Florida.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
AMAZON PRIME: Parties Seek More Time for Class Cert Bid Filing
--------------------------------------------------------------
In the class action lawsuit re Amazon Prime Video Litigation, Case
No. 2:22-cv-00401-RSM (W.D. Wash.), the Parties ask the Court to
enter an order granting an extension of 60 days to the deadlines
for discovery and class-certification briefing currently set forth
in the Court's July 16, 2025, Order.
Event Current Date Proposed Date
Close of Fact Discovery: Oct. 24, 2025 Dec. 23, 2025
Close of Expert Discovery: Jan. 13, 2025 Mar. 16, 2026
Close of Rebuttal Expert Feb. 25, 2025 Apr. 27, 2026
Discovery:
Deadline for Motion for Apr. 9, 2026 June 8, 2026
Class Certification:
Deadline for Amazon's May 26, 2026 July 27, 2026
Opposition to Class
Certification Motion:
Deadline for Plaintiffs' June 16, 2026 Aug. 17, 2026
Reply Brief in Support of
Motion for Class
Certification:
Amazon is engaged in e-commerce, cloud computing, online
advertising, digital streaming, and artificial intelligence.
A copy of the Parties' motion dated Sept 29, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=yJrLaa at no extra
charge.[CC]
The Plaintiffs are represented by:
Carlos F. Ramirez, Esq.
Michael Robert Reese, Esq.
George V. Granade, II, Esq.
REESE LLP
100 West 93rd Street, Suite 16th Floor
New York, NY 10025
Telephone: (212) 643‐0500
E-mail: cramirez@reesellp.com
mreese@reesellp.com
ggranade@reesellp.com
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
505 Northern Blvd., Suite 311
Great Neck, NY 11021
Telephone: (516) 303‐0552
E-mail: spencer@spencersheehan.com
- and -
Kim D. Stephens, Esq.
Rebecca L. Solomon, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682‐5600
E-mail: kstephens@tousley.com
rsolomon@tousley.com
The Defendant is represented by:
Charles C. Sipos, Esq.
Mallory Gitt Webster, Esq.
Thomas J. Tobin, Esq.
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
E-mail: CSipos@perkinscoie.com
MWebster@perkinscoie.com
TTobin@perkinscoie.com
AMAZON.COM INC: Court Dismisses Floyd Class Action
--------------------------------------------------
In the class action lawsuit captioned as STEVEN FLOYD, et al., v.
AMAZON.COM INC., et al., Case No. 2:22-cv-01599-KKE (W.D. Wash.),
the Hon. Judge Kymberly Evanson entered an order granting motion
for reconsideration and dismissing case:
The Court relies on counsel to be candid, by rule and by necessity.
And as laid out in this order, the misrepresentations regarding
Floyd have required the Court to revisit multiple prior orders
entered in this case, noting numerous assumptions which no longer
stand, and altering conclusions previously reached.
Accordingly, the Court grants Apple's motion for reconsideration
and as a result, dismisses this action. Floyd's individual claims
have already been dismissed with prejudice, and this order denies
any attempt to add additional named plaintiffs.
Without a plaintiff remaining to prosecute this action, it must be
dismissed, with prejudice as to Floyd (as already effected), and
without prejudice to claims brought by any remaining putative class
members.
The Court agrees with Apple that these new facts undermine the
Court's assumptions in that ruling and therefore the ruling should
be reconsidered. For the reasons explained in this order, the Court
will grant Apple's motion for reconsideration, and that
reconsideration leads the Court to deny the motion for leave to
amend the complaint and dismiss this action.
The Court agrees with Apple. An accurate understanding of Floyd's
position and counsel's misconduct in characterizing that position
undermines parts of the Order that were key to its outcome.
The Plaintiffs insist that if they had accurately represented
Floyd's communications, the outcome of the Order would be the same,
and that might be true if the information had been shared at the
time. But it was not shared at that time, and in fact never
voluntarily shared at any time.
The Plaintiffs cite no authority obligating the Court to overlook
that misconduct. To do so would give effect to only some of the
"new facts" Apple asks the Court to consider; counsel’s lack of
candor separates this case from every case cited by either party,
and explains why the Court's assumptions as stated in the Order
(and other orders) no longer stand.
Because the motion was not brought with diligence, the Court cannot
find good cause to modify the case schedule to permit either
amendment or intervention, and the Court need not go further to
consider whether to permit amendment or intervention under Rule 15
or Rule 24.
Although filed in 2022, the putative class action has yet to
materially advance, due in large part to the unfortunate detour of
motions precipitated by the Plaintiffs' counsel's now well
documented misrepresentations of the status of former class
representative Steven Floyd. These unnecessary filings concerning
Floyd's status sapped substantial Court time—a finite resource.
Amazon.com operates a global e-commerce business, cloud computing
services, and offers a variety of other products and services.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=mxTaaS at no extra
charge.[CC]
AMAZON.COM SERVICES: Frost Sues Over Blind-Inaccessible Website
---------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Amazon.com Services, LLC, Case No.
0:25-cv-03861 (D. Minn., Oct. 7, 2025), is brought arising because
the Defendant's Website (www.amazon.com)is not fully and equally
accessible to people who are blind or who have low vision in
violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act (the "ADA") and
the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and have been legally blind and are therefore
disabled.
The Defendant is a major online retailer which offers apparel,
electronics, and household goods for sale including, but not
limited to, clothing, shoes, televisions, appliances, household
goods, whole foods, beauty products, medical supplies, books, pet
supplies, toys, and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
AMAZON.COM SERVICES: Rai Suit Removed to W.D. Washington
--------------------------------------------------------
The case captioned as Aadit Rai, as an individual on behalf of
himself and all other similarly situated employees v. AMAZON.COM
SERVICES LLC, a Delaware corporation; and DOES 1-10, Case No.
25-2-23073-2 SEA was removed from the Superior Court of Washington
State for King County, to the United States District Court for
Western District of Washington on Oct. 2, 2025, and assigned Case
No. 2:25-cv-01905.
The Plaintiff alleges the following violations on a class-wide
basis in four causes of action against Amazon: failure to pay
overtime wages in violation of RCW 49.46.130, failure to provide
meal periods in violation of RCW 49.12 and WAC 296-126-092 and
296-131- 020, failure to provide rest breaks in violation of RCW
49.12 and WAC 296-126-092 and 296-131-020, willful withholding of
wages in violation of RCW 49.52.050 and RCW 49.52.070.[BN]
The Plaintiff is represented by:
Hali M. Anderson, Esq.
Allison Schubert, Esq.
GRAHAM HOLLIS APC
3555 Fifth Avenue, Suite 200
San Diego, CA 92103
Phone: 619.692.0800x8225
Email: handerson@grahamhollis.com
aschubert@grahamhollis.com
The Defendants are represented by:
Sheehan Sullivan, Esq.
Rebecca Lynch, Esq.
David M. Rund, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Phone: 206.622.3150
Fax: 206.757.7700
Email: sheehansullivan@dwt.com
rebeccalynch@dwt.com
davidrund@dwt.com
- and -
Melissa K. Mordy, Esq.
DAVIS WRIGHT TREMAINE LLP
929 108th Ave NE Unit 1500
Bellevue, WA 98004
Phone: 425.646.6194
Fax: 425.709.6094
Email: missymordy@dwt.com
AMERICAN BENCH: Bennett Seeks Equal Website Access for the Blind
----------------------------------------------------------------
LIVINGSTON BENNETT, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN BENCH CRAFT, LTD.,
Defendant, Case No. 1:25-cv-12286 (N.D. Ill., Oct. 8, 2025) alleges
violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://americanbenchcraft.com, is not fully or equally
accessible to blind and visually-impaired consumers, including the
Plaintiff, in violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
American Bench Craft, Ltd. owns a website known as
Americanbenchcraft.com which provides consumers with access to an
array of goods and services, including, the ability to view a
variety of leather wallets, belts, dog collars, sheaths, bracelets,
and hats. [BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (718) 554-0237
Email: Dreyes@ealg.law
AMERICAN HONDA: Modified Scheduling Order Entered in Shamman Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as QUINTIN SHAMMAM,
Individually and on behalf of others, v. AMERICAN HONDA FINANCE
CORPORATION, Case No. 3:24-cv-00648-H-VET (S.D. Cal.), the Parties
ask the Court to enter an order modifying the current schedule to
allow the parties time to complete the limited discovery that has
been the subject of ongoing discovery disputes prior completing the
briefing on the Plaintiff's motion for class certification.
Accordingly, the Parties request the following modification of the
case schedule:
a. The class certification opposition date of Oct. 6, 2025 still
stands with the Plaintiff's reply still due by Nov. 3, 2025.
b. Nov. 10, 2025 – AHFC shall file any Daubert motion to
exclude
expert evidence submitted with the Plaintiff's motion for
class certification.
c. Dec. 15, 2025 – the Plaintiff shall file his opposition to
AHFC's Daubert motion, and any Daubert motion to exclude
expert evidence submitted with AHFC's opposition to the
motion for class certification.
d. Jan. 9, 2026 – AHFC shall file its reply in support of its
Daubert motion, and its opposition to the Plaintiff's Daubert
motion.
e. Jan. 23, 2026 – The Plaintiff shall file his reply in
support
of his Daubert motion.
f. Feb. 6, 2026, at 10:30 a.m. -- Hearing on the Plaintiff's
motion for class certification, and the Parties' Daubert
motions to exclude expert evidence.
American provides financial services.
A copy of the Parties' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=WQ01On at no extra
charge.[CC]
The Plaintiff is represented by:
Joshua B. Swigart, Esq.
SWIGART LAW GROUP, APC
2221 Camino del Rio S, Ste 308
San Diego, CA 92108
Telephone: (866) 219-3343
E-mail: Josh@SwigartLawGroup.com
The Defendant is represented by:
Scott J. Hyman, Esq.
Genevieve R. Walser-jolly, Esq.
Stephanie G. Chau, Esq.
Tomio Narita, Esq.
R. Travis Campbell, Esq.
WOMBLE BOND DICKINSON (US) LLP
400 Spectrum Center Drive, Suite 1700
Irvine, CA 92618
Telephone: (714) 557-3800
Facsimile: (714) 557-3347
E-mail: Scott.Hyman@wbd-us.com
Genevieve.Walser-Jolly@wbd-us.com
Stephanie.Chau@wbd-us.com
Tomio.narita@wbd-us.com
travis.campbell@wbd-us.com
ANTHEM COMPANIES: Wins Summary Judgment v. Lazaar
-------------------------------------------------
In the class action lawsuit captioned as LESLIE LAZAAR and DONNA
TROPEANO TIRINO, individually and on behalf of all others similarly
situated, as a Collective and Class representative, v. THE ANTHEM
COMPANIES, INC., EMPIRE HEALTHCHOICE HMO, INC. d/b/a EMPIRE BLUE
CROSS BLUE SHIELD HMO AND EMPIRE BLUE CROSS HMO, and HEALTHPLUS HP,
LLC d/b/a EMPIRE BLUECROSS BLUESHIELD HEALTHPLUS AND EMPIRE
BLUECROSS HEALTHPLUS, Case No. 1:22-cv-03075-JGLC (S.D.N.Y.), the
Hon. Judge Jessica G. L. Clarke entered an order granting the
Defendants' motion for summary judgment.
The Plaintiffs' motion is denied. Motions regarding class
certification and de-certification are denied as moot. Motions to
seal are granted. All claims are dismissed. The Clerk of Court is
directed to terminate all outstanding ECFs and to close the case.
The case is about whether registered nurses performing utilization
review work using, in part, their medical-based knowledge, to
independently approve claims, are properly classified as exempt
employees under the Fair Labor Standards Act and the New York Labor
Law.
On April 13, 2022, the Plaintiff Leslie Lazaar filed suit on behalf
of herself and all other utilization review nurses who worked for
Anthem in New York, alleging violations of the Fair Labor Standards
Act ("FLSA") and New York Labor Law ("NYLL"). The Plaintiff twice
amended her Complaint on May 27, 2022 and July 15, 2022 to add
additional defendants and allegations.
On Jan. 24, 2025, Defendants moved to decertify the conditionally
certified collective while Plaintiffs moved to certify the class,
which Defendants oppose.
Anthem is a national multi-line health insurance company that
provides managed care programs and related services.
A copy of the Court's opinion and order dated Sept 29, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=VQaN9P
at no extra charge.[CC]
APEX REALTY: Court Narrows Claims in Bell Class Action
------------------------------------------------------
In the class action lawsuit captioned as Erica Bell, et al., v.
APEX Realty, LLC, et al., Case No. 8:24-cv-00157-ABA (D. Md.), the
Hon. Judge Adam B. Abelson entered an order as follows:
1. The motion to dismiss filed by Signature Club HOA will be
denied. Therefore, counts 2 and 3 for negligence, count 4 for
negligent management, and count 9 for private nuisance will
continue against Signature Club HOA.
2. The motion to dismiss filed by Ryan Homes will be granted in
part and denied in part. The motion will be granted in that
count 2 for negligence, count 5 for negligent
misrepresentation, and count 12 for implied warranty against
Ryan Homes will be dismissed with prejudice as time barred.
Count 10 for express warranty against Ryan Homes will also be
dismissed with prejudice. The remainder of the motion will be
denied. Therefore, count 7 for violation of the MCPA will
continue against Ryan Homes.
3. The motion to dismiss filed by Delmarva will be granted in
part and denied in part. The motion will be granted in that
count 9 for private nuisance against Delmarva will be
dismissed with prejudice. The remainder of the motion will be
denied. Therefore, counts 2 and 3 for negligence will
continue against Delmarva.
4. The motion to dismiss filed by Airvac will be granted in part
and denied in part. The motion will be granted in that count
1 for strict products liability will be dismissed without
prejudice and count 9 for private nuisance against Airvac
will be dismissed with prejudice. Otherwise, the motion will
be denied. Therefore, counts 2 and 3 for negligence will
continue against Airvac.
5. The motion to dismiss filed by VIKA will be granted in part
and denied in part. The motion will be granted in that count
9 for private nuisance against VIKA will be dismissed with
prejudice. The remainder of the motion will be denied.
Therefore, counts 2 and 3 for negligence will continue
against VIKA.
6. The motion to dismiss filed by Caruso Homes, Signature Club
Mgt., Signature 2016 Residential, and Apex Realty will be
granted in part and denied in part.
The Plaintiffs "are current or past residents of a residential
neighborhood in Accokeek, Prince George's County, Maryland called
'Signature Club.'"
They allege that they have "suffer[ed] past and continuing harm in
the form of property damage, flooding, sewage backup and intrusion
of sewage into dwelling spaces and properties, noxious odors,
environmental nuisance, financial damages, exposure to health
hazards and personal injury, emotional and mental distress, and
other damages due to Defendants' acts and omissions" in connection
with the private sewage and wastewater system used within the
Signature Club property, which Plaintiffs allege is defective.
Apex is a full-service real estate company.
A copy of the Court's memorandum opinion dated Sept 29, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=tB0aIk
at no extra charge.[CC]
APPLE INC: Faces Class Suit for Alleged Copyright Infringement
--------------------------------------------------------------
Jackson Chen, writing for engadget, reports that just about a month
after being accused of using pirated books to train its AI, Apple
is facing another similar proposed class action lawsuit. As first
reported by Bloomberg Law, two neuroscience professors from SUNY
Downstate Health Sciences University in Brooklyn, NY, claimed that
Apple used their "registered works without authorization."
The neuroscientists, Susana Martinez-Conde and Stephen Macknik,
said Apple trained its AI models using "shadow libraries" and
"web-crawling software" that provide access to pirated, copyrighted
books, including two of their own.
In the previous class action lawsuit, a separate pair of authors
also alleged that Apple committed copyright infringement when using
published works to train Apple Intelligence models without consent.
Apple isn't the only tech giant facing copyright lawsuits related
to its AI, as OpenAI is in a similar situation after being sued by
The New York Times for similar accusations.
While these AI models are relatively new, there's already a case
that may have set some precedent. Earlier this year, Anthropic
settled a class action lawsuit by agreeing to pay $1.5 billion to
500,000 authors involved in the case, which revolved around
copyright claims. [GN]
ARAMARK CAMPUS: Bazemore Suit Removed to E.D. California
--------------------------------------------------------
The case captioned as Barbara Renaisance Hypatia Bazemore,
individually and on behalf of all others similarly situated v.
ARAMARK CAMPUS LLC; and DOES 1-50, inclusive, Case No. 25CV018436
was removed from the Superior Court of the State of California,
County of Sacramento, to the United States District Court for
Eastern District of California on Sept. 30, 2025, and assigned Case
No. 2:25-cv-02826-DJC-CSK.
The Plaintiff alleges nine separate causes of action for: Failure
to Pay Wages Including Overtime; Failure to Provide Meal Periods;
Failure to Provide Rest Periods; Failure to Pay Timely Wages;
Failure to Provide Accurate Itemized Wage Statements; Failure to
Indemnify Necessary Business Expenses; Violation of Labor Code
Sections 221, 224, 300; Failure to Pay Reporting Time Pay; and
Violation of Business & Professions Code.[BN]
The Defendants are represented by:
Eric Meckley, Esq.
Sarah Zenewicz, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market
Spear Street Tower
San Francisco, CA 94105-1596
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: eric.meckley@morganlewis.com
sarah.zenewicz@morganlewis.com
- and -
Curie Lee, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1400 Page Mill Road
Palo Alto, CA 94304
Phone: +1.415.442.1000
Fax: +1.415.442.1001
Email: curie.lee@morganlewis.com
ARB GAMING LLC: Harris Files Suit in N.D. Illinois
--------------------------------------------------
A class action lawsuit has been filed against Arb Gaming LLC. The
case is styled as Talisha Harris, individually, on behalf of
herself and all others similarly situated v. Arb Gaming LLC doing
business as: Modo, Case No. 1:25-cv-12004 (N.D. Ill., Oct. 3,
2025).
The nature of suit is stated as Other Fraud.
Arb Gaming LLC -- https://www.arbinteractive.com/ -- is a flagship
free to play gaming platform, designed for thrill-seekers who crave
casino action anywhere, anytime.[BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
EDELSBERG LAW PA
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
ARB GAMING LLC: Kowalok Files Suit in N.D. Ohio
-----------------------------------------------
A class action lawsuit has been filed against ARB Gaming, LLC. The
case is styled as Michael Kowalok, individually, on behalf of
himself and all others similarly situated v. ARB Gaming, LLC doing
business as: MODO, Case No. 4:25-cv-02161 (N.D. Ohio, Oct. 8,
2025).
The nature of suit is stated as Other Fraud.
ARB Gaming, LLC doing business as Modo Casino --
https://www.arbinteractive.com/ -- is our flagship free to play
gaming platform, designed for thrill-seekers who crave casino
action anywhere, anytime.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
ARBY'S RESTAURANT: Court Narrows Claims in Alongis Suit
-------------------------------------------------------
In the class action lawsuit captioned as Joseph Alongis, on behalf
of himself and all others similarly situated, v Arby's Restaurant
Group, Inc., Case No. 2:23-cv-06593-NJC-LGD (E.D.N.Y.), the Hon.
Judge Nusrat Choudhury entered an order denying in part and
granting in part Arby's Motion to dismiss.
The Motion to Dismiss the claims set forth in the Amended Complaint
under Rule 12(b)(1) is denied without prejudice. The Volume
Misrepresentation Claims relating to the Half Pound Sandwiches are
dismissed with prejudice under Rule 12(b)(6), and leave to amend
those claims is denied under Rule 15(a)(2). The Motion to Dismiss
all other claims set forth in the Amended Complaint under Rule
12(b)(6) is denied.
Accordingly, the Amended Complaint brings plausible claims under
Sections 349 and 350 against Arby's use of advertisements for the
Non-Half Pound Sandwiches that allegedly misrepresented the volume
of meat provided to consumers in purchased sandwiches, and I deny
this portion of Arby’s Motion to Dismiss under Rule 12(b)(6).
The Plaintiff Joseph Alongis brings claims on behalf of himself and
similarly situated individuals against Defendant Arby’s
Restaurant Group, Inc. for its use of allegedly false and
misleading advertisements to sell Arby's Classic Roast Beef, Double
Roast Beef, Half Pound Roast Beef, Classic Beef 'N Cheddar, Double
Beef 'N Cheddar, Half Pound Beef 'N Cheddar, and Smokehouse Brisket
sandwiches, which allegedly misrepresented that the Sandwiches
contain rare roast beef and contain at least double the amount of
meat than what is actually sold to consumers.
The Amended Complaint brings claims for violations of New York
General Business Law.
The Amended Complaint defines the first proposed class, the "Class"
as:
"All persons or entities that purchased a Classic Roast Beef,
Double Roast Beef, Half Pound Roast Beef, Classic Beef 'N
Cheddar, Double Beef 'N Cheddar, Half Pound Beef 'N Cheddar,
and/or Smokehouse Brisket menu item from the website or mobile
application for Arbys.com, Ubereats.com, Grubhub.com,
Seamless.com, and/or Doordash.com, for pickup or delivery from
an Arby's store located in the state of New York, during the
period between Sept. 5, 2020, through the date of the final
disposition of this action (the "Class")."
The Amended Complaint defines the second proposed class, the
"Subclass" as:
"All persons or entities that purchased a Classic Roast Beef,
Double Roast Beef, Half Pound Roast Beef, Classic Beef 'N
Cheddar, Double Beef 'N Cheddar, Half Pound Beef 'N Cheddar,
and/or Smokehouse Brisket menu item from inside or through the
drive-through of an Arby's store, located in the state of New
York, during the period between Sept. 5, 2020, through the
date of the final disposition of this action (the
"Subclass")."
Arby's is an American fast food sandwich restaurant chain.
A copy of the Court's opinion and order dated Sept 29, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=8QoJ7Y
at no extra charge.[CC]
ASHLEY FURNITURE: Floyd Suit Removed to W.D. Washington
-------------------------------------------------------
The case captioned as Alexander Floyd, individually and on behalf
of all others similarly situated v. ASHLEY FURNITURE INDUSTRIES,
LLC a foreign limited liability company doing business as ASHLEY
FURNITURE INDUSTRIES, INC.; ASHLEY GLOBAL RETAIL, LLC, a foreign
limited liability company doing business as ASHLEY; ASHLEY PACIFIC
NORTHWEST, LLC, a foreign limited liability company; and DOES 1-20,
Case No. 23-2-19765-8 KNT was removed from the Superior Court of
Washington State for King County, to the United States District
Court for Western District of Washington on Oct. 2, 2025, and
assigned Case No. 2:25-cv-01906.
The Complaint purports to seek relief from Defendants related to
Washington's Equal Pay and Opportunity Act, RCW 49.58.110,
requiring certain disclosures in job postings. Specifically, the
Complaint seeks damages for alleged violations of RCW 49.58.110;
injunctive relief; and declaratory relief.[BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
EMERY REDDY PLLC
600 Stewart St., Suite 1100
Seattle, WA 98101
Phone: 206.442.9106
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
The Defendants are represented by:
Matthew J. Macario, Esq.
Catharine Morisset, Esq.
Jeremy F. Wood, Esq.
FISHER & PHILLIPS LLP
1700 7th Avenue, Suite 2200
Seattle, WA 98101
Phone: 206-682-2308
Facsimile: 206-682-7908
Email: mmacario@fisherphillips.com
cmorisset@fisherphillips.com
jwood@fisherphillips.com
ASPEN CORPORATION: Felton Sues Over Unpaid Overtime Compensation
----------------------------------------------------------------
Shana Felton, individually and on behalf of all others similarly
situated v. ASPEN CORPORATION, INC. a/k/a ASPEN MEDIA, LLC, Case
No. 4:25-cv-01068 (E.D. Tex., Sept. 30, 2025), is brought to
recover unpaid overtime compensation, liquidated damages,
attorney's fees, costs, and other relief as appropriate under the
Fair Labor Standards Act ("FLSA") and common law.
The Defendant violated the FLSA and common law by systematically
failing to compensate its CSRs for work tasks completed before
their scheduled shifts, when they were not logged into Defendant's
timekeeping system. This timekeeping procedure resulted in CSRs not
being paid for all overtime hours worked and in workweeks in which
CSRs worked overtime, for straight time.
More specifically, Defendant failed to compensate CSRs for the
substantial time they spent turning on and booting up their
computer and computer systems prior to clocking into Defendant's
timekeeping system. The Defendant also violated the FLSA by failing
to incorporate bonus pay and other non-discretionary remuneration
into its CSRs' regular hourly rate calculation, says the
complaint.
The Plaintiff was employed by the Defendant as a remote non-exempt
CSR from September 23, 2022 through June 9, 2025.
The Defendant is headquartered in Lake Dallas, Texas, and employs
hundreds of hourly remote employees in numerous states throughout
the United States.[BN]
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
One Town Square, 17th Floor
Southfield, MI 48076
Phone: (248) 355-0300
Email: kstoops@sommerspc.com
AUTONATION INC: Justice Suit Removed to W.D. Washington
-------------------------------------------------------
The case captioned as Christopher Justice, individually and on
behalf of all others similarly situated v. AUTONATION, INC., RENTON
H. IMPORTS, INC. d/b/a AUTONATION HONDA RENTON, a foreign
corporation, and DOES 1-20, as yet unknown Washington entities,
Case No. 24-2-22716-4 SEA was removed from the Superior Court of
Washington State for King County, to the United States District
Court for Western District of Washington on Oct. 2, 2025, and
assigned Case No. 2:25-cv-01903.
The Complaint purports to seek relief related to Washington's Equal
Pay and Opportunities Act, RCW 49.58.110, which sets out
requirements for job postings. Specifically, the Complaint seeks
statutory damages for alleged violations; attorney's fees,
injunctive relief; and declaratory.[BN]
The Plaintiff is represented by:
Timothy W. Emery, Esq.
Patrick B. Reddy, Esq.
Paul Cipriani, Esq.
Hannah M. Hamley, Esq.
EMERY REDDY, PLLC
600 Stewart Street, Suite 1100
Seattle, WA 98101
Phone: (206) 442-9106
Fax: (206) 441-9711
Email: emeryt@emeryreddy.com
reddyp@emeryreddy.com
paul@emeryreddy.com
hannah@emeryreddy.com
- and -
Rebecca L. Solomon, Esq.
Kim D. Stephens, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Phone: (206) 682-5600
Fax: (206) 682-2992
Email: rsolomon@tousley.com
kstephens@tousley.com
The Defendants are represented by:
Catharine Morisset, Esq.
Jeremy F. Wood, Esq.
Christina Shin, Esq.
FISHER & PHILLIPS LLP
1700 7th Avenue, Suite 2200
Seattle, WA 98101
Phone: 206-682-2308
Facsimile: 206-682-7908
Email: cmorisset@fisherphillips.com
jwood@fisherphillips.com
cshin@fisherphillips.com
AVALONBAY COMMUNITIES: Almeida Sues Over Unlawfully Charged Fees
----------------------------------------------------------------
Lisa Almeida, on behalf of herself and all other similarly situated
persons v. AVALONBAY COMMUNITIES, INC. and AVALONBAY ASSEMBLY ROW,
INC., Case No. 1:25-cv-12884-FDS (D. Mass., Oct. 3, 2025), is
brought against Defendants on the basis that AvalonBay has
unlawfully charged and collected attorneys' fees and costs related
to the process of evicting residential tenants, without ever
obtaining a judgment in its favor, in violation of various
provisions of Massachusetts law.
The Plaintiff, and all those similarly situated, were assessed and
paid unlawful charges for attorneys' fees related to the eviction
process during the time period relevant to the present action
("Attorneys' Fees"). The Plaintiff, and all those similarly
situated, were also assessed and paid unlawful charges for court
costs related to the eviction process during the time period
relevant to the present action ("Court Costs").
The charges for Attorneys' Fees and Court Costs shall be
hereinafter collectively referred to as "Eviction Fees." Defendants
assess Eviction Fees, in connection with any eviction case brought
against their tenants, prior to the issuance of any judgment,
order, or review of such fees by a court of law. Defendants post
Eviction Fees on tenants' account ledgers as immediately due and
owing, and accept payments for Eviction Fees, without providing to
tenants any invoices, itemization of costs, or additional
information to account for the Eviction Fees.
The Defendants collect payments for Eviction Fees in a manner that
allocates all tenants' payments to past due Eviction Fees (and
other non-rent charges) before applying such payments to a tenants'
most recently monthly rent, leaving tenants in a position where
they must pay the Eviction Fees or else face an allegation that
they are behind on their rent. Massachusetts law does not allow for
such Eviction Fees to be assessed unilaterally without a judgment
in the landlord's favor and court approval of the amount to be
awarded.
As such, Plaintiff, and the putative class of all those similarly
situated that she seeks to represent, have experienced harm as a
result of the Defendants' unconscionable lease terms, the
Defendants' breach of contract (or, in the alternative, enforcement
of a lease term that is void as against public policy), and the
Defendants' unfair and deceptive assessment of these unlawful fees
in violation of the Massachusetts Consumer Protection Act, says the
complaint.
The Plaintiff leased an apartment from Defendants.
AvalonBay Assembly Row, Inc., is, upon information and belief, a
foreign corporation registered to conduct business in the
Commonwealth of Massachusetts.[BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
900 W. Morgan Street
Raleigh, NC 27603
Phone: 919-600-5000
Fax: 919-600-5035
Email: sharris@brysonpllc.com
- and -
Courtney Libon, Esq.
Kristen Bor-Zale, Esq.
GREATER BOSTON LEGAL SERVICES
60 Gore Street, Suite 203
Cambridge, MA 02141
Phone: 617-603-2711
Email: clibon@gbls.org
- and -
Sean Ahern, Esq.
LEGAL SERVICES CENTER OF HARVARD LAW SCHOOL
122 Boylston St.
Jamaica Plain, MA 02130
Phone: (617) 384-0071
sahern@law.harvard.edu
- and -
Edward H. Maginnis, Esq.
MAGINNIS HOWARD
7706 Six Forks Road, Suite 101
Raleigh, North Carolina 27615
Phone: 919-526-0450
Fax: 919-882-8763
Email: emaginnis@maginnislaw.com
AWE.BJECT LLC: Bennett Seeks Equal Website Access for the Blind
---------------------------------------------------------------
LIVINGSTON BENNETT, individually and on behalf of all others
similarly situated, Plaintiff v. AWE.BJECT, LLC, Defendant, Case
No. 1:25-cv-12288 (N.D. Ill., Oct. 8, 2025) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://studiocult.co, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Awe.Bject, LLC owns a website known as Studiocult.co, which
provides consumers with access to an array of goods and services,
including the ability to view a variety of necklaces and rings, as
well as earrings like studs, hoops, and ear cuffs. [BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (718) 554-0237
Email: Dreyes@ealg.law
B&G FOODS: Hourly Workers Receive Class Action Compensation
-----------------------------------------------------------
The Yadkin Ripple reports that hourly workers at the B&G Foods
plant in Yadkinville have received compensation from a class action
lawsuit filed in 2023 for alleged wage and hour violations.
The legal action, initiated by Jesse Talton, challenged company
practices related to labor cost reductions and timekeeping
procedures.
After nearly two years of litigation, the case concluded with a
$165,000 settlement agreement. According to public records and
legal filings, every hourly production employee at the facility
received a settlement check in September as part of the
resolution.
The lawsuit also prompted procedural changes at the company,
including updates to how employee time is recorded. [GN]
BAI BRANDS: Bid to Seal Class Exhibits Temporarily Granted
----------------------------------------------------------
In the class action lawsuit captioned as Kouyate v. Bai Brands,
LLC, Case No. 1:24-cv-03993-AS (S.D.N.Y.), the Hon. Judge Arun
Subramanian entered an order temporarily granting motion to seal:
-- The Defendant requests that the designated portions of
Exhibits 4–6, 18–20, and 24–26 to Defendant's Motion for
Summary Judgment, as well as the designated portions of
Defendant's motion and separate statement of undisputed
material facts in support of its motion for summary judgment
("SUF") that refer to or describe these documents and other
confidential material.
The Court will assess whether to keep the materials at issue sealed
or redacted when deciding the underlying motions. The Clerk of
Court is directed to terminate the motion at ECF No. 96.
Bai produces beverages for health-conscious consumers.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rPvw8p at no extra
charge.[CC]
The Defendant is represented by:
Cheryl Cauley, Esq.
BAKER BOTTS LLP
1001 Page Mill Road
Building One, Suite 200
Palo Alto, CA
Telephone: (650) 739-7557
Facsimile: (650) 739-7657
E-mail: cheryl.cauley@bakerbotts.com
BASSETT HEALTHCARE: Court Withdraws Browning Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as Browning v. Bassett
Healthcare Network, Case No. 6:23-cv-01514 (N.D.N.Y., Filed Dec. 1,
2023), the Hon. Judge Lawrence E. Kahn entered an order granting
the Plaintiff's motion to withdraw motion for conditional
certification as follows.
-- Leave to withdraw a motion without prejudice may be granted in
the absence of a showing of prejudice to other parties.
-- There is no prejudice to other parties. Defendants have not
opposed this motion, and both Plaintiff and Defendant aver
that a settlement has been reached.
-- The motion to certify class is thus withdrawn without
prejudice.
The nature of suit states Fair Labor Standards Act (FLSA).
Bassett provides health care to patients.[CC]
BBBB BONDING: Class Cert Fact Discovery Due July 10, 2026
---------------------------------------------------------
In the class action lawsuit captioned as Benton v. BBBB Bonding
Corp., et al., Case No. 2:24-cv-01294 (E.D. Cal., Filed May 3,
2024), the Hon. Judge Dena M. Coggins entered an order as follows:
-- Fact discovery shall be completed by July 10, 2026
-- Expert disclosures shall be completed by Aug. 10, 2026
-- Rebuttal expert disclosures shall be completed by Sept 8, 2026
-- Expert discovery shall be completed by Oct. 5, 2026
-- A Joint Mid-Litigation Statement shall be filed by Feb. 3,
2026
-- The Plaintiff's Motion for Class Certification shall be filed
by Feb. 17, 2026
The suit alleges violation of the Fair Labor Standards Act (FLSA).
[CC]
BEIERSDORF INC: Albino Suit Removed to S.D. New York
----------------------------------------------------
The case captioned as Beatriz Albino, individually and on behalf of
all others similarly situated v. BEIERSDORF, INC., Case No.
815822/2025E was removed from the Supreme Court of the State of New
York, Bronx County, to the United States District Court for
Southern District of New York on Oct. 3, 2025, and assigned Case
No. 1:25-cv-08230.
In her Complaint, Plaintiff alleges that Beiersdorf "misbranded"
its "Aquaphor lip repair ointment" (the "Product") by promoting it
as having "No preservatives." Specifically, Plaintiff asserts that
the phrase "No preservatives" is allegedly inaccurate because the
Product contains Tocopheryl Acetate and Sodium Ascorbyl Phosphate,
which Plaintiff contends "tend to, do and/or can, function to
prevent its deterioration."[BN]
The Defendants are represented by:
Steven R. Campbell, Esq.
Matthew Atha, Esq.
ALSTON & BIRD LLP
90 Park Avenue
New York, NY 10016-1387
Phone: 212-210-9400
Fax: 212-210-9444
Email: steven.campbell@alston.com
matthew.atha@alston.com
- and -
Elizabeth M. Chiarello, Esq.
Caitlin A. Maly, Esq.
Matthew D. Binder, Esq.
227 W. Monroe Street, Suite 3900
Chicago, IL 60606-5085
Phone: 312-702-8700
Email: elizabeth.chiarello@alston.com
caitlin.maly@alston.com
matt.binder@alston.com
BELKORP AG LLC: Jones Files Suit in E.D. California
---------------------------------------------------
A class action lawsuit has been filed against Belkorp Ag, LLC. The
case is styled as Marland Jones, individually and on behalf of all
others similarly situated v. Belkorp Ag, LLC, Case No.
2:25-cv-02856-JAM-AC (E.D. Cal., Oct. 3, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Belkorp Ag -- https://www.belkorpag.com/ -- is proud to offer a
complete line of John Deere agricultural, golf, and turf
equipment.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Dr.
Beverly Hills, CA 92102
Phone: (858) 209-6941
Fax: (865) 522-0049
Email: jnelson@milberg.com
BELL PARTNERS: Morehouse Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Gena Morehouse, on behalf of herself and all
others similarly situated v. BELL PARTNERS, INC., A NORTH CAROLINA
CORPORATION; AND DOES 1 THROUGH 60, INCLUSIVE, Case No. 25STCV22367
was removed from the Superior Court of California, County of Los
Angeles, to the United States District Court for Central District
of California on Oct. 6, 2025, and assigned Case No.
2:25-cv-09530.
The Complaint alleges one cause of action on behalf of the
Plaintiff individually and on behalf of other similarly situated
tenants: Unfair Business Practices.[BN]
The Defendants are represented by:
Erik K. Swanholt, Esq.
Nicholas M. Gross, Esq.
FOLEY & LARDNER LLP
555 South Flower Street, Suite 3300
Los Angeles, CA 90071-2418
Phone: 213.972.4500
Facsimile: 213.486.0065
Email: eswanholt@foley.com
ngross@foley.com
- and -
John P. Riley, Esq.
FOLEY & LARDNER LLP
11988 El Camino Real, Suite 400
San Diego, CA 92130-3579
Phone: 858.847.6700
Facsimile: 858.792.6773
Email: jp.riley@foley.com
BESTWAY USA INC: Piceno Suit Transferred to N.D. Illinois
---------------------------------------------------------
The case styled as Pete Piceno, Shannon Gannon, on behalf of
themselves and those similarly situated v. Bestway USA Inc.,
Bestway Hong Kong International Ltd., Bestway Inflatables and
Material Corp., Case No. 2:25-cv-07878 was transferred from the
U.S. District Court for the Central District of California, to the
U.S. District Court for the Northern District of Illinois on Oct.
8, 2025.
The District Court Clerk assigned Case No. 1:25-cv-12315 to the
proceeding.
The nature of suit is stated as Contract Product Liability for
Other Contract.
Bestway -- https://bestwayusa.com/ -- manufactures a wide range of
inflatable outdoor and recreational products.[BN]
The Plaintiffs are represented by:
Luke Iverson Landers, Esq.
HILGERS GRABEN, PLLC
27001 Agoura Road Suite 350
Calabasas, CA 91301
Phone: (310) 692-8385
Fax: (402) 413-1880
Email: llanders@hilgersgraben.com
The Defendants are represented by:
Yi Yang, Esq.
NORTON ROSE FULBRIGHT US LLLP
555 South Flower Street, Forty-First Floor
Los Angeles, CA 90071
Phone: (213) 892-9311
Email: eva.yang@nortonrosefulbright.com
BETTER RISE CAPITA: Soto Files TCPA Suit in E.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Better Rise Capital
LLC. The case is styled as Jesse Soto, individually and on behalf
of all others similarly situated v. Better Rise Capital LLC, Case
No. 2:25-cv-02835-TLN-AC (E.D. Cal., Oct. 1, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Better Rise Capital -- https://betterrisecapital.com/ -- helps
businesses grow with flexible business loans.[BN]
The Plaintiff is represented by:
Gerald D. Lane, Jr., Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
1515 NE 26TH Street
Wilton Manors, FL 33305
Phone: (754) 444-7539
Email: gerald@jibraellaw.com
BETTER RISE: Kesterson Sues Over Unlawful Telemarketing Calls
-------------------------------------------------------------
Leslie A. Kesterson, individually and on behalf of all others
similarly situated v. BETTER RISE CAPITAL LLC, Case No.
5:25-cv-01095-FB (W.D. Tex., Sept. 2, 2025), is brought against
Defendant for violations of the Telephone Consumer Protection Act
("TCPA") for making telemarketing calls to numbers on the National
Do Not Call Registry, including those using pre-recorded messages.
Because telemarketing campaigns generally place calls to thousands
or even millions of potential customers en masse, Plaintiff brings
this action on behalf of a proposed nationwide class of other
persons who received illegal telemarketing calls from or on behalf
of Defendant. At no point has Plaintiff sought out or solicited
information regarding Defendant's products or services prior to
receiving the telephone calls at issue. The Plaintiff has never
consented to receive telephone calls from Defendant. Despite this,
Plaintiff has received numerous prerecorded robocalls calls from
Defendant. The calls were initiated for purposes of marketing
Defendant's loans & commercial financing related products, says the
complaint.
The Plaintiff is an individual who resides in this District.
Better Rise Capital LLC is a limited liability company that resides
in California.[BN]
The Plaintiff is represented by:
Leland Garrett McRae, Esq.
1150 N. Loop 1604 W, Ste. 108-461
San Antonio, TX 78248
Phone: (248) 420-4042
Fax: (210) 493-608
Email: leland@lelandmcrae.com
BFC SOLUTIONS: Strickland Suit Removed to D. Minnesota
------------------------------------------------------
The case captioned as Jimmy Strickland, individually and on behalf
of himself and all others similarly situated v. BFC SOLUTIONS, Case
No. 25-1163-III was removed from the Chancery Court of Davidson
County, Tennessee Twentieth Judicial District, at Nashville, to the
United States District Court for Middle District of Tennessee on
Oct. 1, 2025, and assigned Case No. 3:25-cv-01122.
The Plaintiff alleges in the Complaint that BFC Solutions failed to
secure and protect Plaintiff's and the class members' Personal
Identifiable Information ("PII") that BFC Solutions collected and
maintained as part of its regular business practices. The Plaintiff
asserts the following causes of action in the Complaint:
Negligence; Negligence Per Se; Unjust Enrichment; Invasion of
Privacy; Breach of Fiduciary Duty; Breach of Implied Contract; and
Declaratory Judgment.[BN]
The Defendants are represented by:
Jimmie C. Miller, BPR No. 009756
HUNTER, SMITH & DAVIS, LLP
P.O. Box 3740
1212 North Eastman Road
Kingsport, TN 37664
Phone: 423-378-8852
Facsimile: 423-378-8801
Email: jmiller@hsdlaw.com
BH MANAGEMENT SERVICES: Deleon Files Suit in E.D. Virginia
----------------------------------------------------------
A class action lawsuit has been filed against BH Management
Services, LLC. The case is styled as Isabel Deleon, on behalf of
herself and all similarly situated individuals v. BH Management
Services, LLC, Case No. 3:25-cv-00818-RCY (E.D. Va., Oct. 3,
2025).
The nature of suit is stated as Other Contract.
BH Management Services, LLC -- https://livebh.com/ -- is a real
estate company located in San Antonio, Texas.[BN]
The Plaintiffs are represented by:
Kristi Cahoon Kelly, Esq.
Andrew Joseph Guzzo, Esq.
Casey Shannon Nash, Esq.
James Patrick McNichol, Esq.
Matthew G. Rosendahl, Esq.
KELLY GUZZO PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Phone: (703) 424-7570
Fax: (703) 591-9285
Email: kkelly@kellyandcrandall.com
aguzzo@kellyguzzo.com
casey@kellyguzzo.com
pat@kellyguzzo.com
matt@kellyguzzo.com
BIG AGNES INC: Bennett Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
Livingston Bennett, on behalf of himself and all others similarly
situated v. Big Agnes, Inc., Case No. 1:25-cv-12102 (N.D. Ill.,
Oct. 3, 2025), is brought arising from the Defendant's failure to
design, construct, maintain, and operate their website to be fully
accessible to and independently usable by Plaintiff and other blind
or visually-impaired persons.
The Defendant is denying blind and visually impaired persons
throughout the United States with equal access to services the
Defendant provides to their non-disabled customers through
https://www.bigagnes.com (hereinafter "Bigagnes.com" or "the
website"). The Defendant's denial of full and equal access to its
website, and therefore denial of its products and services offered,
and in conjunction with its physical locations, is a violation of
Plaintiff's rights under the Americans with Disabilities Act (the
"ADA").
Because Defendant's website, Bigagnes.com, is not equally
accessible to blind and visually-impaired consumers, it violates
the ADA. Plaintiff seeks a permanent injunction to cause a change
in the Defendant's policies, practices, and procedures to that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination, says the complaint.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using the
computer.
Big Agnes provides to the public a website known as Bigagnes.com
which provides consumers with access to an array of goods and
services, including, the ability to view a variety of tents,
shelters, sleeping bags, insulation pads, and camping
accessories.[BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP PLLC
68-29 Main Street,
Flushing, NY 11367
Phone: (844) 731-3343
Email: Dreyes@ealg.law
BONEFIDE PRODUCTIONS: Tehrani Files Suit in Cal. Super. Ct.
-----------------------------------------------------------
A class action lawsuit has been filed against Bonefide Productions,
LLC, et al. The case is styled as Josephine Tehrani, individually
and on behalf of other persons similarly situated v. Bonefide
Productions, LLC, Nightcall Productions, Case No. 25STCV28434 (Cal.
Super. Ct., Los Angeles Cty., Sept. 24, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Bonefide -- https://bonefide.com/ -- is a full service union
producer, who offers an innovative approach to managing and
coordinating media productions.[BN]
The Plaintiff is represented by:
Frank H. Kim, Esq.
KIM LEGAL, APC
3435 Wilshire Blvd., Ste. 2700
Los Angeles, CA 90010-2013
Phone: 323-482-3300
Email: fkim@kim-legal.com
BOOM SHAKALAKA: Abbot Files Suit in N.D. Illinois
-------------------------------------------------
A class action lawsuit has been filed against Boom Shakalaka, Inc.
The case is styled as Nicholas Abbot, individually and on behalf of
all others similarly situated v. Boom Shakalaka, Inc. doing
business as: Boom Fantasy, Case No. 1:25-cv-12004 (N.D. Ill., Oct.
1, 2025).
The nature of suit is stated as Other Fraud.
Boom Shakalaka, Inc., doing business as Boom Fantasy --
https://www.boomfantasy.com/ -- operates as a video game software
company.[BN]
The Plaintiff is represented by:
Scott, Esq.
EDELSBERG LAW PA
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
BOYD GAMING: Cazau-Degenova Sues Over Recent Data Breach
--------------------------------------------------------
Candice Cazau-Degenova, individually and on behalf of all others
similarly situated v. BOYD GAMING CORPORATION, Case No.
2:25-cv-01868 (D. Nev., Oct. 1, 2025), is brought arising out of
the recent data security incident and data breach that was
perpetrated against the Defendant that involved Plaintiff's and the
proposed Class Members personally identifying information.
On September 6, 2025, Defendant experienced a data breach that
resulted in an unauthorized disclosure, exfiltration, and theft of
highly personal information in the possession and custody and/or
control of Defendant (the "Data Breach"). The Plaintiff and
proposed Class Members' information impacted includes their
personally identifying information ("PII"). The PII compromised in
the Data Breach included, at the minimum, Plaintiff's and Class
Members' name, date of birth, and Social Security number. Upon
information and belief, and unauthorized actor had unfettered
access and acquired Plaintiff's and Class Members' PII from the
Defendant's systems from September 5, 2025 to September 7, 2025.
The Defendant became aware of the Data Breach on September 6, 2025,
but waited until September 24, 2025, to inform the victims of the
Data breach via letter ("Notice Letter"). Given the Defendant's
failure in protecting Plaintiff's and Class Members PII, it is
likely that Defendant's cybersecurity program as a whole is
severely inadequate in comparison to the measures it is legally
obligated to provide to individuals for whom it collects PII, thus
leaving them exposed to the Data Breach that indeed came into
fruition.
The Defendant's failure in even the most basic requirements of
cybersecurity, it is likely that Defendant's cybersecurity program
as a whole is severely inadequate in comparison to the measures it
is legally obligated to provide to individuals for whom it collects
PII, thus leaving them exposed to the Data Breach that indeed came
into fruition, says the complaint.
The Plaintiff is a former employee of Boyd Gaming corporation.
The Defendant is a multi-billion-dollar casino entertainment
company based in Las Vegas, Nevada, and is "one of the largest and
most respected casino entertainment companies in the Unites States"
with "28 gaming properties in ten states."[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY PLLC
3100 W. Charleston Blvd., Ste. 208
Las Vegas, NV 89102
Phone: (725) 235-9750
Email: nring@stranchlaw.com
- and -
Grayson Wells, Esq.
John C. Roberts, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gwells@stranchlaw.com
jroberts@stranchlaw.com
BOYD GAMING: Furman Sues Over Recent Data Security Incident
-----------------------------------------------------------
Alexander Furman, individually and on behalf of all others
similarly situated v. BOYD GAMING CORPORATION, Case No.
2:25-cv-01851 (D. Nev., Sept. 30, 2025), is brought arising out of
the recent data security incident and data breach that was
perpetrated against the Defendant that involved Plaintiff's and the
proposed Class Members personally identifying information.
On September 6, 2025, Defendant experienced a data breach that
resulted in an unauthorized disclosure, exfiltration, and theft of
highly personal information in the possession and custody and/or
control of Defendant (the "Data Breach"). The Plaintiff and
proposed Class Members' information impacted includes their
personally identifying information ("PII"). The PII compromised in
the Data Breach included, at the minimum, Plaintiff's and Class
Members' name, date of birth, and Social Security number. Upon
information and belief, and unauthorized actor had unfettered
access and acquired Plaintiff's and Class Members' PII from the
Defendant's systems from September 5, 2025 to September 7, 2025.
The Defendant became aware of the Data Breach on September 6, 2025,
but waited until September 24, 2025, to inform the victims of the
Data breach via letter ("Notice Letter"). Given the Defendant's
failure in protecting Plaintiff's and Class Members PII, it is
likely that Defendant's cybersecurity program as a whole is
severely inadequate in comparison to the measures it is legally
obligated to provide to individuals for whom it collects PII, thus
leaving them exposed to the Data Breach that indeed came into
fruition.
The Defendant's failure in even the most basic requirements of
cybersecurity, it is likely that Defendant's cybersecurity program
as a whole is severely inadequate in comparison to the measures it
is legally obligated to provide to individuals for whom it collects
PII, thus leaving them exposed to the Data Breach that indeed came
into fruition, says the complaint.
The Plaintiff is a former employee of Boyd Gaming corporation.
The Defendant is a multi-billion-dollar casino entertainment
company based in Las Vegas, Nevada, and is "one of the largest and
most respected casino entertainment companies in the Unites States"
with "28 gaming properties in ten states."[BN]
The Plaintiff is represented by:
Nathan R. Ring, Esq.
STRANCH, JENNINGS & GARVEY PLLC
3100 W. Charleston Blvd., Ste. 208
Las Vegas, NV 89102
Phone: (725) 235-9750
Email: nring@stranchlaw.com
- and -
Grayson Wells, Esq.
John C. Roberts, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
The Freedom Center
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gwells@stranchlaw.com
jroberts@stranchlaw.com
BOYD GAMING: Jackson Files Suit in D. Nevada
--------------------------------------------
A class action lawsuit has been filed against Boyd Gaming
Corporation. The case is styled as Julie Jackson, individually and
on behalf of all others similarly situated v. Boyd Gaming
Corporation, Case No. 2:25-cv-01853-GMN-EJY (D. Nev., Oct. 1,
2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Boyd Gaming Corporation -- https://www.boydgaming.com/ -- is one of
the nation's leading casino entertainment companies.[BN]
The Plaintiffs are represented by:
John A. Yanchunis, Esq.
MORGAN & MORGAN COMPLEX LITIGATION GROUP
201 North Franklin Street, 6th Floor
Tampa, FL 33602
Phone: (813) 221-6583
Email: jyanchunis@forthepeople.com
BOYKIN LIMITED: Pardo Sues Over Discriminative Property
-------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. BOYKIN LIMITED PARTNERSHIP; EL TROPICO
RESTAURANT CAFETERIA, INC.; CATRINA RESTAURANT, CORP; and SANDAN
CORP., Case No. 1:25-cv-24596-XXXX (S.D. Fla., Oct. 6, 2025), is
brought for injunctive relief, attorneys' fees, litigation
expenses, and costs pursuant to the Americans with Disabilities Act
("ADA") as a result of the Defendant's discrimination against the
individual Plaintiff by denying him access to, and full and equal
enjoyment of, the goods, services, facilities, privileges,
advantages and/or accommodations of the Commercial Property and
business located therein, as prohibited by the ADA.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendant has yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead-time and the extensive publicity the ADA has received since
1990, Defendant has continued to discriminate against people who is
disabled in ways that block them from access and use of Defendant's
property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
restaurant, including but not necessarily limited to the
allegations of this Complaint. Plaintiff has reasonable grounds to
believe that he will continue to be subjected to discrimination at
the commercial property, in violation of the ADA. The Defendants
have discriminated against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
EL TROPICO RESTAURANT CAFETERIA, INC., owned and/or operated a
commercial restaurant business within the Commercial Property.[BN]
The Plaintiff is represented by:
Alfredo Garcia-Menocal, Esq.
GARCIA-MENOCAL, P.L.
350 Sevilla Avenue, Suite 200
Coral Gables, FL 33134
Phone: (305) 553-3464
Primary Email: aquezada@lawgmp.com
Secondary Email: jacosta@lawgmp.com.
- and -
Ramon J. Diego, Esq.
THE LAW OFFICE OF RAMON J. DIEGO, P.A.
5001 SW 74th Court, Suite 103
Miami, FL, 33155
Phone: (305) 350-3103
Primary Email: rdiego@lawgmp.com
Secondary Email: ramon@rjdiegolaw.com
BRAND I101: Faces Class Suit Over Falsely Advertised Soap
---------------------------------------------------------
Chloe Gocher of ClassAction.org reports that a proposed class
action lawsuit claims that Valitic Kojic Acid Dark Spot Remover
Soap is "scientifically incapable" of providing the advertised dark
spot-removing benefits, and that the product's marketing violates
Food and Drug Administration regulations for over-the-counter
medications.
The 25-page lawsuit claims that not only does the Valitic Kojic
Acid Dark Spot Remover Soap lack the required FDA approval to be
lawfully marketed as a treatment for various skin conditions
(including dark spots, scarring, acne, sun damage and wrinkles),
but that the product simply cannot provide any kind of treatment
for those conditions, and may even harm a user's skin.
Per the complaint, any item "intended for use in the diagnosis,
cure, mitigation, treatment or prevention of disease" is classified
as a drug under the Federal Food, Drug and Cosmetic Act (FDCA). As
such, the filing argues, Valitic's claims that its soap can treat
conditions like hyperpigmentation, acne, wrinkles, sun damage and
scars means the product is classified as a drug requiring FDA
approval to be sold.
Despite this, Valitic has neither applied for nor received FDA
approval, the lawsuit claims, alleging the company's Kojic Acid
Dark Spot Remover Soap is therefore on the market illegally as a
misbranded and unapproved new drug, per FDCA definitions.
The complaint also notes that skin-bleaching drugs, such as those
claiming to treat hyperpigmentation, dark spots and other similar
blemishes, are not permitted by the FDA to be sold over the
counter.
Furthermore, the lawsuit continues, all the statements made by
Valitic about its Kojic Acid Dark Spot Remover Soap are not
accompanied by a legally mandated disclaimer that explains, "These
statements have not been evaluated by the Food and Drug
Administration. This product is not intended to diagnose, treat,
cure or prevent any disease."
Finally, the complaint alleges that the Valitic Kojic Acid Dark
Spot Remover Soap is scientifically incapable of providing the
advertised results due to insufficient time spent in contact with
the user's skin as a result of its nature as a rinse-off soap, and
that the soap may, in fact, damage the skin due to its
destructively alkaline pH level.
The Valitic class action lawsuit seeks to represent anyone in the
United States who bought the Valitic Kojic Acid Dark Spot Remover
Soap for personal, family or household use and not for resale
within the applicable statute of limitations period. [GN]
BRANDEN MARTIN: Walker Suit Seeks to Certify Classes
----------------------------------------------------
In the class action lawsuit captioned as Reuben D. Walker,
individually and on behalf of a class of all others similarly
situated, v. Branden Martin, Treasurer of Peoria County, Illinois,
in his official capacity, and as representative of a class of all
County Treasurers of the State of Illinois in their official
capacity, Michael W. Frerichs, Treasurer of the State of Illinois
in his official capacity, and Tim Brophy, Treasurer of Will County,
Illinois and Maria Pappas, Treasurer of Cook County Illinois, in
their official capacity, Case No. 1:25-cv-01378-JEH-RLH (C.D.
Ill.), the Plaintiff asks the Court to enter an order certifying a
plaintiff class and a class of all defendants other than the
defendant Michael W. Frerichs.
Plaintiff Class:
"All persons or entities (including their heirs, assignees,
legal representatives, guardians, administrators, and
successors in interest) who previously paid the facially
unconstitutional add-on court filing fees imposed on them
under 735 ILCS 5/15-1504.1 et seq. (West 2012) and any or all
later amendments or modifications of said legislation."
Defendant Class:
"All of the 102 County Treasurers of the counties in the State
of Illinois."
The Plaintiffs' lawsuit challenged the constitutionality of
Illinois legislation which imposed a non-court-related "add-on"
court filing fee on all mortgage foreclosure filings within the
State of Illinois.
In 2020 the circuit court found this litigation tax to be facially
unconstitutional.
In 2021 the Illinois Supreme Court affirmed the ruling and held the
legislation to be facially unconstitutional in derogation of the
Free Access Clause and void for all purposes.
Mr. Walker challenges the constitutionality of the legislation
which imposed an add-on filing fee on all mortgage foreclosure
actions filed within the State of Illinois.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=bYWTCG at no extra
charge.[CC]
The Plaintiff is represented by:
George S. Bellas, Esq.
BELLAS & WACHOWSKI
15 N. Northwest Highway
Park Ridge, IL 60068
Telephone: (847) 823-9032
E-mail: george@bellas-wachowski.com
- and -
Daniel K. Cray, Esq.
Michael D. Huber, Esq.
CRAY HUBER HORSTMAN HEIL & VanAUSDAL
303 W. Madison Street, Suite 2200
Chicago, IL 60606
Telephone: (312) 332-8450
E-mail: dkc@crayhuber.com
mdh@crayhuber.com
BRAVO CARE: Wilson Files Suit in Philadelphia Ct. of Common Pleas
-----------------------------------------------------------------
A class action lawsuit has been filed against Bravo Care, et al.
The case is styled as Shakira Wilson, on behalf of herself and all
persons similarly situated v. Bravo Care, an unincorporated
partnership, Andrew Toobi, Jeffrey Toobi, Case No. 251001062
(Philadelphia Ct. of Common Pleas, Oct. 8, 2025).
Bravo Care -- https://bravocare.com/ -- is a marketplace for
healthcare workers and facilities that provides on-demand per-diem
solutions.[BN]
The Plaintiff is represented by:
James E. Goodley, Esq.
GOODLEY MCCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Phone: (215) 394-0541
Email: james@gmlaborlaw.com
BRIGHTSTAR GLOBAL: Mena Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Brightstar Global
Solutions Corporation. The case is styled as Manuel Mena, an
individual and on behalf of all others similarly situated v.
Brightstar Global Solutions Corporation, Case No. 25STCV29268 (Cal.
Super. Ct., Los Angeles Cty., Oct. 3, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Brightstar -- https://www.brightstarlottery.com/ -- is the global
leader you know and can count on, with a laser focus on what we do
best: lottery.[BN]
The Plaintiff is represented by:
Jason W. Rothman, Esq.
BIBIYAN LAW GROUP, P.C.
1460 Westwood Blvd.
Los Angeles, CA 90024
Phone: 310-438-5555
Fax: 310-300-1705
Email: Jason@tomorrowlaw.com
BRIGHTVIEW LANDSCAPES: Roberts Suit Removed to W.D. Washington
--------------------------------------------------------------
The case captioned as Britton Roberts, on behalf of herself and all
others similarly situated v. BRIGHTVIEW LANDSCAPES, LLC, a Foreign
Limited Liability Company, and DOES 1-10 inclusive, Case No.
25-2-08212-7 was removed from the Superior Court of Washington for
Pierce County, to the United States District Court for Western
District of Washington on Oct. 3, 2025, and assigned Case No.
3:25-cv-05894.
On May 1, 2025, the Plaintiff filed a complaint entitled "Class
Action Complaint for Discrimination Based on Defendant's Violations
of Washington's Wage Transparency Law. The Complaint purports to
seek relief related to Washington's Equal Pay and Opportunities
Act, which sets out requirements for job postings. Specifically,
the Complaint seeks statutory damages for alleged violations;
attorney's fees, injunctive relief; and declaratory relief.[BN]
The Plaintiff is represented by:
Craig J. Ackermann, Esq.
Brian Denlinger, Esq.
Avi Kreitenberg, Esq.
ACKERMANN & TILAJEF, P.C.
2602 North Proctor Street, Suite 205
Tacoma, WA 98406
Phone: 310.277.0614
Fax: 310.277.0635
Email: cja@ackermanntilajef.com
bd@ackermanntilajef.com
ak@ackermanntilajef.com
The Defendants are represented by:
Matthew J. Macario, Esq.
Sieu Che, Esq.
Jeremy F. Wood, Esq.
FISHER & PHILLIPS LLP
1700 7th Avenue, Suite 2200
Seattle, WA 98101
Phone: 206-682-2308
Facsimile: 206-682-7908
Email: mmacario@fisherphillips.com
sche@fisherphillips.com
jwood@fisherphillips.com
BROOKS AUTOMATION: Deol Sues Over Unlawful Surveillance
-------------------------------------------------------
Gurmit Deol, an individual, and others similarly situated v. BROOKS
AUTOMATION US, LCC, a Massachusetts company; DOES 1 through 15,
inclusive, Case No. 30-2025-01508189-CU-MC-NJC – ROA (Cal. Super.
Ct., Orange Cty., Sept. 2, 2025), is brought against Defendant who
deliberately transformed its commercial website, www.brooks.com
(the "Website"), into a sophisticated surveillance apparatus in
violations of the California Trap and Trace Law.
The Defendant secretly deploys invasive tracking technology that
violates California law. Specifically, Defendant deploys LinkedIns
tracking software, known as the "LinkedIn Insight Tag." Defendant
actively configured this code to enable the secret identification,
tracking, and profiling of unsuspecting visitors by LinkedIn, all
without their knowledge or consent. Defendant engineered this
system to strip visitors of their anonymity and to facilitate the
compilation of detailed personal profiles to advance its objective
of mercenary surveillance.
The Defendant activated its surveillance system against Plaintiff
while Plaintiff browsed within California. Defendant, through this
system, captured comprehensive identifying information from
Plaintiff without Plaintiff's awareness or consent. The Defendant
configured its tracking system to immediately initiate data
collection upon each visitor's arrival on its Website. The LinkedIn
Insight Tag captures electronic impulses and digital signatures
from visitors' devices to de-anonymize website visitors and create
unique identification profiles. The Defendant's unauthorized
deployment and continuous operation of this digital surveillance
technology constitutes a direct violation of California's Trap and
Trace Law, says the complaint.
The Plaintiff visited Defendant's Website on April 21, 2025.
The Defendant operates the Website to market and sell athletic
footwear, apparel, and related products directly to consumers.[BN]
The Plaintiff is represented by:
J. Evan Shapiro, Esq.
Camrie Ventry, Esq.
Kiran Sekhon, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Phone: (213) 927-9270
Email: eshapiro@taulersmith.com
cventry@taulersmith.com
ksekhon@taulersmith.com
C-STORE SERVICES INC: Reyes Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against C-Store Services,
Inc. The case is styled as Rebecca Reyes, Individually and on
behalf of all others similarly situated v. C-Store Services, Inc.,
Case No. 25CV06147 (Cal. Super. Ct., Santa Barbara Cty., Sept. 30,
2025).
The case type is stated as "Unlimited Other Employment."
C-Store Services, Inc. -- https://cstoreservicesllc.com/ -- operate
retail gasoline service stations along with convenience and grocery
stores under the well-recognized brands, Extra Mile and Power
Market.[BN]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92318
Phone: (949) 387-7200
Fax: (949) 387-6676
CALIDAD INDUSTRIES: Alvarez Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Calidad Industries,
Inc. The case is styled as Hector Cardenas Alvarez, individually
and on behalf of all others similarly situated v. Calidad
Industries, Inc., Case No. 25CV145617 (Cal. Super. Ct., Alameda
Cty., Sept. 25, 2025).
The case type is stated as "Other Employment Complaint Case."
Calidad Industries provides employment and life skills training to
persons living with physical, mental, and psychological
impairments.[BN]
The Plaintiff is represented by:
Rebecca Harteker, Esq.
FRONTIER LAW CENTER
6200 Canoga Ave.
470, Woodland Hills, CA 91367
Phone: 818-914-3433
Email: rebecca@frontierlawcenter.com
CAMPER ATLANTIC CORP: Dalton Sues Over Blind-Inaccessible Website
-----------------------------------------------------------------
Julie Dalton, individually and on behalf of all others similarly
situated v. Camper Atlantic Corp., Case No. 0:25-cv-03815 (D.
Minn., Oct. 1, 2025), is brought arising because Defendant's
Website (www.camper.com) (the "Website" or "Defendant's Website")
is not fully and equally accessible to people who are blind or who
have low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and its implementing regulations. In addition to her claim
under the ADA, Plaintiff also asserts a companion cause of action
under the Minnesota Human Rights Act (MHRA).
The Defendant owns, operates, and/or controls its Website and is
responsible for the policies, practices, and procedures concerning
the Website's development and maintenance. As a consequence of her
experience visiting Defendant's Website, including in the past
year, and from an investigation performed on her behalf, Plaintiff
found Defendant's Website has a number of digital barriers that
deny screen reader users like Plaintiff full and equal access to
important Website content--content Defendant makes available to its
sighted Website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. The Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities. The Plaintiff and the putative class
have been, and in the absence of injunctive relief will continue to
be, injured, and discriminated against by Defendant's failure to
provide its online Website content and services in a manner that is
compatible with screen reader technology, says the complaint.
The Plaintiff is and has been legally blind and is therefore
disabled under the ADA.
The Defendant offers footwear and accessories for sale including,
but not limited to shoes, boots, heels, platforms, sandals,
sneakers, slippers, and more.[BN]
The Plaintiff is represented by:
Patrick W. Michenfelder, Esq.
Chad A. Throndset, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 S. 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndsetlaw.com
jason@throndsetlaw.com
CAMPER'S INN INC: Campuzan Files Suit in N.D. Florida
-----------------------------------------------------
A class action lawsuit has been filed against Camper's Inn Inc. The
case is styled as George Campuzan, individually and on behalf of
all others similarly situated v. Camper's Inn Inc., Case No.
5:25-cv-00289-MW-MJF (N.D. Fla., Oct. 8, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Campers Inn RV -- https://campersinn.net/ -- is the nation's
largest family-operated RV dealer with multiple locations across
the U.S.[BN]
The Plaintiff is represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL 33131
Phone: (954) 647-1866
Email: mweekes@milberg.com
CAPITAL OB/GYN INC: Lipunov Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Capital OB/GYN, Inc.,
et al. The case is styled as Julia Lipunov, and on behalf of all
others similarly situated v. Capital OB/GYN, Inc., Does 1-50, Case
No. 25CV023191 (Cal. Super. Ct., Sacramento Cty., Sept. 30, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Capital OB/GYN, Inc. -- https://www.capitalobgyn.com/ -- is a
women's health clinic in Sacramento, California.[BN]
The Plaintiff is represented by:
Gabriella Sol, Esq.
WILSHIRE LAW FIRM, PLC
660 S. Figueroa St., Sky Lobby
Los Angeles, CA 90017
Phone: 213-381-9988
Fax: 213-381-9989
Email: gabriella.sole@wilshirelawfirm.com
CAPITAL ONE FINANCIAL: Shah Suit Transferred to W.D. Texas
----------------------------------------------------------
The case styled as Vishal Shah, Gary Ingraham, Deia Williams, Devin
Rose, individually, and on behalf of all others similarly situated
v. Capital One Financial Corporation doing business as: Capital One
doing business as: Capital One, N.A. doing business as: Capital One
Shopping, Case No. 3:24-cv-05985 was transferred from the U.S.
District Court for the Northern District of California, to the U.S.
District Court for the Western District of Texas on Oct. 6, 2025.
The District Court Clerk assigned Case No. 1:25-mc-01614-DAE to the
proceeding.
The nature of suit is stated as Motion to Quash.
Capital One Financial Corporation -- https://www.capitalone.com/ --
is an American bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in Tysons,
Virginia.[BN]
The Plaintiffs are represented by:
Brittany N. Resch, Esq.
STRAUSS BORRELLI PLLC
980 N Michigan Ave., Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: bresch@straussborrelli.com
CAPITAL ONE SERVICES: Wilmoth Sues Over Unpaid Overtime
-------------------------------------------------------
Erin Wilmoth, individually and on behalf of all others similarly
situated v. CAPITAL ONE SERVICES, LLC, Case No. 3:25-cv-00825 (E.D.
Va., Oct. 7, 2025), is brought for unpaid overtime in violation of
the Fair Labor Standards Act of 1938 ("FLSA") and the Virginia
Overtime Wage Act ("VOWA") for the Defendant's failure to pay
overtime premiums to individuals it employed as customer service
representatives called Customer Advocates.
Before she was reclassified to hourly-nonexempt, the Plaintiff was
told that as a salaried employee, she was expected to get her work
done even though it would take more than 40 hours per week. Based
on the amount of work given to, and expectations of, Customer
Advocates at Capital One, the Plaintiff was not able to get all her
work done within 40 hours per week.
The Plaintiff was told that she was not expected to get all her
work done within 40 hours per week. Capital One made it known to
the Plaintiff that as a salaried employee, she was expected to work
more than 40 hours per week, without receiving any additional
compensation for such hours. the Plaintiff did not stop working for
an uninterrupted 30-minute meal break during her work day, instead
she ate her meals while working, Mondays through Fridays.
Until Capital One reclassified its Customer Advocates in April/May
2025, Capital One misclassified the Plaintiff as "exempt" from
overtime, and unilaterally deemed her as ineligible for, and did
not pay her any, overtime compensation. At no time during
Plaintiff's employment did the Plaintiff meet any overtime
exemption under the FLSA or VOWA, says the complaint.
The Plaintiff was employed as a Customer Advocate at the time of
her termination.
Capital One Services, LLC is a limited liability company.[BN]
The Plaintiff is represented by:
Craig Juraj Curwood, Esq.
Harris D. Butler, III, Esq.
Zev Antell, Esq.
Samantha R. Galina, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Ste. 302
Richmond, VA 23219
Phone: (804) 648-4848
Fax: (804) 237-0413
Email: craig@butlercurwood.com
harris@butlercurwood.com
zev@butlercurwood.com
samantha@butlercurwood.com
CAPITAL ONE: Flesner Suit Transferred to W.D. Pennsylvania
----------------------------------------------------------
The case styled as Jeffrey Robert Flesner, et al., individually,
and on behalf of all others similarly situated v. AMERICAN CONTRACT
SYSTEMS, LIEUTENANT JOHN DOE, Case No. 2:25-cv-03572 was
transferred from the U.S. District Court for the Eastern District
of Pennsylvania, to the U.S. District Court for the Western
District of Pennsylvania on Oct. 7, 2025.
The District Court Clerk assigned Case No. 2:25-cv-01552-RJC to the
proceeding.
The nature of suit is stated as Personal Inj. Prod. Liability.
Capital One Financial Corporation -- https://www.capitalone.com/ --
is an American bank holding company specializing in credit cards,
auto loans, banking, and savings accounts, headquartered in Tysons,
Virginia.[BN]
The Plaintiffs are represented by:
Edward Ciarimboli, Esq.
FELLERMAN & CIARIMBOLI
183 Market St., Suite 300
Kingston, PA 18704
Phone: (570) 718-1444
Email: ejc@fclawpc.com
The Defendants are represented by:
Andrew L. Reissaus, Esq.
HOLLINGSWORTH LLP
1350 I Street
Washington, DC 20005
Phone: (202) 898-5855
Email: areissaus@hollingsworthllp.com
- and -
Matthew J. Junk, Esq.
TYSON & MENDES, LLP
919 Conestoga Rd.
Building 3, Suite 210
Bryn Mawr, PA 19010
Phone: (267) 297-0014
Email: mjunk@tysonmendes.com
CARD DELIVERY: Standing Order Entered in Shah Class Action
----------------------------------------------------------
In the class action lawsuit captioned as Vivek Shah, v. Card
Delivery, LLC, Case No. 2:25-cv-08731-JFW-MAA (C.D. Cal.), the Hon.
Judge John Walter entered a standing order as follows:
The plaintiff shall promptly serve the Complaint in accordance with
Fed.R.Civ.P. 4 and shall file the proof(s) of service pursuant to
the Local Rules.
Lead trial counsel shall attend all proceedings before this Court
and all Local Rule 7-3, scheduling, status, and settlement
conferences.
All discovery matters have been referred to a United States
Magistrate Judge.
Time for Filing and Hearing Motions: Motions shall be filed in
accordance with the Local Rules. This Court hears motions on
Mondays commencing at 1:30 p.m.
Card sells Apple iTunes gift cards and game cards from different
platforms.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=zgSiEp at no extra
charge.[CC]
CAREMARKPCS HEALTH: Second Amended Class Complaint Dismissed
------------------------------------------------------------
In the class action lawsuit captioned as KEVIN FLOWERS, on behalf
of himself and other Arkansans similarly situated v. CAREMARKPCS
HEALTH, L.L.C. d/b/a CVS CAREMARK; and CAREMARK PCS PENNSYLVANIA
MAIL PHARMACY, L.L.C., Case No. 4:24-cv-04031-SOH (W.D. Ark.), the
Hon. Judge Susan O. Hickey entered an order granting the
Defendants' motions to dismiss second amended class action
complaint.
Accordingly, the case is dismissed without prejudice. Because this
case is being dismissed, the Court finds that the pending Motion to
Certify Class, Motion to Compel, and Motion for Status Conference
are denied as moot.
The Plaintiff's unjust enrichment claim is premised entirely on the
allegation that Defendants violated the Network Adequacy and Mail
Order Statutes and were unjustly enriched by this wrongful conduct.
However, the Court has found that these two Arkansas statutes, as
applied to the Holcim Plan, are preempted by ERISA. Accordingly,
the Plaintiff's unjust enrichment claim must be dismissed for
failure to state a claim upon which relief can be granted.
The Plaintiff alleges that the Defendants engaged in wrongful
conduct that is violative of two Arkansas statutes, and the
Defendants are unjustly enriched because of their wrongful conduct.
Specifically, the Plaintiffs allege that Defendants are enriched
through compensation in administering drug benefit plans in
Arkansas and through profit derived from filling and dispensing
prescriptions at their CVS retail pharmacy stores and mail-order
pharmacy.
CaremarkPCS provides pharmacy benefit management services.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=f4lzwT at no extra
charge.[CC]
CASEY'S RETAIL: Mason Suit Removed to S.D. Iowa
-----------------------------------------------
The case styled as Kit Mason, individually and on behalf of a class
of similarly situated individuals v. Casey's Retail Company,
Casey's General Stores, Inc., Casey's Marketing Company, Case No.
CVCV069792 was removed from the Polk County, Iowa, to the U.S.
District Court for the Southern District of Iowa on Sept. 26,
2025.
The District Court Clerk assigned Case No. 4:25-cv-00361-SMR-SBJ to
the proceeding.
The nature of suit is stated as Other Fraud for Federal Trade
Commission Act (Unfair or Deceptive Acts).
Casey's Retail Company -- https://www.caseys.com/ -- is a chain of
convenience stores in the Midwestern and Southern United
States.[BN]
The Plaintiff is represented by:
J. Barton Goplerud, Esq.
Brian O. Marty, Esq.
SHINDLER, ANDERSON, GOPLERUD & WEESE P.C.
5015 Grand Ridge Drive, Suite 100
West Des Moines, IA 50265
Phone: (515) 223-4567
Fax: (515) 223-8887
Email: goplerud@sagwlaw.com
marty@sagwlaw.com
CENTRAL TRANSPORT: Diaz Suit Removed to C.D. California
-------------------------------------------------------
The case captioned as Luis Diaz, on behalf of himself and others
similarly situated v. CENTRAL TRANSPORT LLC; and DOES 1 to 100,
inclusive, Case No. CIVSB2521497 was removed from the Superior
Court of the State of California for the County of San Bernardino,
to the United States District Court for Central District of
California on Oct. 2, 2025, and assigned Case No. 5:25-cv-02611.
The Plaintiff seeks to recover waiting time penalties for
Defendant's alleged failure to pay Plaintiff all wages upon
separation of his employment with Defendant. The Plaintiff alleges
that Defendant failed to provide accurate itemized wage statements
as required by California Labor Code section 226 and seeks
penalties pursuant to Labor Code section 226(e). Plaintiff alleges
that Defendant failed to provide him with meal and rest periods
during his employment. The Plaintiff alleges that Defendant failed
to pay minimum wages for all hours worked. The Plaintiff alleges
that Defendant failed to pay overtime wages for all overtime hours
worked.[BN]
The Defendants are represented by:
Christian J. Keeney, Esq.
Alis Moon, Esq.
JACKSON LEWIS P.C.
200 Spectrum Center Drive, Suite 500
Irvine, CA 92618
Phone: (949) 885-1360
Facsimile: (949) 885-1380
Email: Christian.Keeney@jacksonlewis.com
Alis.Moon@jacksonlewis.com
- and -
Semarnpreet Kaur, Esq.
JACKSON LEWIS P.C.
3390 University Avenue, Suite 110
Riverside, CA 92501
Phone: (951) 848-7940
Facsimile: (951) 848-0009
Email: Semarnpreet.Kaur@jacksonlewis.com
CERNER CORPORATION: Tripp Suit Transferred to W.D. Missouri
-----------------------------------------------------------
The case styled as Ronald M. Tripp, Laura E. Tripp, individually
and on behalf of all others similarly situated v. Cerner
Corporation doing business as: Oracle Health Inc., Arkansas Heart
Hospital LLC, Case No. 4:25-cv-00979 was transferred from the U.S.
District Court for the Eastern District of Arkansas, to the U.S.
District Court for the Western District of Missouri on Sept. 30,
2025.
The District Court Clerk assigned Case No. 4:25-cv-00766-BP to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Cerner Corporation doing business as Oracle Health --
https://www.oracle.com/ -- is a US-based, multinational provider of
health information technology platforms and services.[BN]
The Plaintiffs are represented by:
Grayson Wells, Esq.
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS & GARVEY, PLLC
223 Rosa L. Parks Avenue, Suite 200
Nashville, TN 37203
Phone: (615) 254-8801
Email: gstranch@stranchlaw.com
- and -
James A. Streett, Esq.
STREETT LAW FIRM, P.A.
107 West Main
Russellville, AR 72801
Phone: (479) 968-2030
Email: james@streettlaw.com
The Defendant is represented by:
Benjamin D. Jackson, Esq.
John Keeling Baker, Esq.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD PLLC
425 West Capitol Avenue, Suite 1800
Little Rock, AR 72201
Phone: (501) 688-8800
Email: bjackson@mwlaw.com
jbaker@mwlaw.com
- and -
Elizabeth Esparza, Esq.
MITCHELL, WILLIAMS, SELIG, GATES & WOODYARD PLLC
4206 South J.B. Hunt Drive, Suite 200
Rogers, AR 72758
Phone: (479) 464-5660
Email: eesparza@mwlaw.com
CHANEL INC: Dale Suit Removed to C.D. California
------------------------------------------------
The case captioned as Pamela Felicia Dale, on behalf of herself and
all others similarly situated v. CHANEL, INC., Case No. 25STCV23231
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the United States District Court for
Central District of California on Oct. 2, 2025, and assigned Case
No. 2:25-cv-09410.
On August 6, 2025, plaintiff filed a purported class action
complaint setting forth a single violation of California's Unfair
Competition Law, specifically California Business & Professions
Code Section 17200 ("UCL").[BN]
The Defendants are represented by:
Jeffrey B. Margulies, Esq.
Eva Yang, Esq.
Nicole Zelada, Esq.
NORTON ROSE FULBRIGHT US LLP
555 South Flower Street, Forty-First Floor
Los Angeles, CA 90071
Phone: (213) 892-9200
Facsimile: (213) 892-9494
Email: jeff.margulies@nortonrosefulbright.com
eva.yang@nortonrosefulbright.com
nicole.zelada@nortonrosefulbright.com
CHARLES RIVER LABORATORIES: Mendez Files Suit in Cal. Super. Ct.
----------------------------------------------------------------
A class action lawsuit has been filed against Charles River
Laboratories Cell Solutions, Inc. The case is styled as Irene
Alvarado Mendez, on behalf of herself and others similarly situated
v. Charles River Laboratories Cell Solutions, Inc., Case No.
25STCV28622 (Cal. Super. Ct., Los Angeles Cty., Sept. 29, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Charles River Cell Solutions -- https://www.criver.com/ -- provides
research-use and GMP-compliant human immune and stem cells to
support basic research and advanced therapy development.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
CHARTER COMMUNICATIONS: Maharaj Class Cert Bid Partly OK'd
----------------------------------------------------------
In the class action lawsuit captioned as DEVANAN MAHARAJ,
individually and on behalf of all similarly situated employees of
Defendants in the State of California, v. CHARTER COMMUNICATIONS,
INC.; and DOES 1 through 50, inclusive, Case No.
3:20-cv-00064-BJC-VET (S.D. Cal.), the Hon. Judge Cheeks entered an
order as follows:
1. The Plaintiff's motion for class certification is granted in
part and denied in part. The Court grants class certification
as to the following class and subclasses:
"All current and former non-exempt Maintenance Technicians
who worked in California for the Defendant or its predecessor
between Nov. 5, 2016 and the date of the certification order,
and who are not bound by an arbitration agreement ("Class
Members")."
Regular Rate Meal and Rest Premium Subclass – consisting
of:
"all Class Members whose wage statements show that they
received a meal or rest period premium during the same
workweek in which they were paid on-call pay and overtime."
Regular Rate Overtime Subclass – consisting of:
"all Class Members whose wage statements show that they
received on-call pay during the same workweek in which they
were paid overtime."
Waiting Time Penalties Subclass – consisting of:
"all members of the Regular Rate Meal and Rest Premium
Subclass and Regular Rate Overtime Subclass, as defined
herein, who separated employment at least once at any time
from November 5, 2016 to the date of the certification
order."
The motion is denied as to the remaining subclasses.
2. The Plaintiff's motion to file unredacted exhibits under seal
is granted.
3. The Defendant's motion for sanctions is denied.
4. The Defendant's motion to file unredacted exhibits under seal
is granted.
The Court finds addressing the common issue of the Defendant's
purported miscalculation of regular time pay as a class action
promotes the efficient use of the parties' and Court's resources.
Therefore, a class action is the superior method for adjudicating
the regular time pay claims. The Plaintiff meets the Rule 23(b)(3)
requirements of predominance and superiority.
Charter is an American telecommunications and mass media company.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=9PsKc2 at no extra
charge.[CC]
CHILDREN'S PLACE INC: Watler Files TCPA Suit in C.D. California
---------------------------------------------------------------
A class action lawsuit has been filed against The Children's Place,
Inc. The case is styled as Kededra Watler, Rotanza Davis,
individually and on behalf of all others similarly situated v. The
Children's Place, Inc., Case No. 2:25-cv-09325 (C.D. Cal., Sept.
30, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
The Children's Place -- https://www.childrensplace.com/us/ -- is a
retailer of clothing for children.[BN]
The Plaintiffs are represented by:
Scott A. Edelsberg, Esq.
EDELSBERG LAW PA
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
CHRISTINA PABST: Anheuser-Busch Suit Removed to N.D. California
---------------------------------------------------------------
The case captioned as Anheuser-Busch, LLC v. CHRISTINA PABST, an
individual; on behalf of herself and all others similarly situated,
and DOES 1 to 100, inclusive, Case No. L24-04434 was removed from
the Superior Court of the State of California in and for the County
of Contra Costa, to the United States District Court for Northern
District of California on Oct. 2, 2025, and assigned Case No.
3:25-cv-08430-LB.
This action involves Pabst's claims related to Anheuser-Busch's
alleged failure to pay minimum and overtime wages, provide meal
periods and rest periods, failure to provide accurate wage
statements, waiting time penalties, unfair business practices, and
reimbursement of business expenses. Pabst claims she should have
been paid for said wage and hour violations but she was
misclassified as an exempt employee. Pabst's Prayer for Relief
seeks an award of compensatory damages, statutory damages and
penalties, an injunction, reimbursement, attorneys' fees and costs
of suit, liquidated damages, and interest.[BN]
The Defendants are represented by:
David H. Stern, Esq.
Alex Spjute, Esq.
Jennifer D. Ghassemi, Esq.
BAKER & HOSTETLER LLP
1900 Avenue of the Stars, Suite 2700
Los Angeles, CA 90067
Phone: 310.820.8800
Facsimile: 310.820.8859
Email: dstern@bakerlaw.com
aspjute@bakerlaw.com
jghassemi@bakerlaw.com
CLEVELAND ATKINSON: Myrick Seeks Conditional Cert of Action
-----------------------------------------------------------
In the class action lawsuit captioned as JOEROAM MYRICK, as an
INDIVIDUAL and as Representative on behalf of all others similarly
situated, v. CLEVELAND ATKINSON, Jr, AS SHERIFF OF EDGECOMBE
COUNTY; COUNTY OF EDGECOMBE; and DOES 1-20, Inclusive; Case No.
4:20-cv-00139-FL (E.D.N.C.), the Plaintiff asks the Court to enter
an order conditionally certifying a collective action pursuant to
the Fair Labor Standards Act ("FLSA") and to facilitate an FLSA
notice to:
"All potential class members of their statutory right to opt
into this case, for the reasons set forth in the Memorandum in
Support of Plaintiff’s Motion to Conditionally Certify a
Collective Action and to Facilitate Notice Pursuant to 29 U.S.
C. section 216(b), and in the exhibits and declarations."
The potential class members include:
"All current and former non-exempt hourly paid employees of
the Sheriff of County of Edgecombe and/or Edgecombe County,
who were underpaid by virtue of working as sheriff's deputies
pursuant to annual work-schedules based on thirteen (13)
payroll periods (consisting of 28 days each) but only
receiving twelve (12) payments annually, anytime from July 16,
2017, to the date this practice ends or ended."
Conditional certification of an FLSA collective action is
appropriate because Plaintiff has set forth substantial allegations
with documentary evidence to establish that Defendant failed to pay
Plaintiff and similarly situated potential Plaintiffs minimum wages
and overtime wages.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EDvkMx at no extra
charge.[CC]
The Plaintiff is represented by:
Alvin L. Pittman, Esq.
LAW OFFICES OF ALVIN L. PITTMAN
5777 West Century Boulevard, Suite 1685
Los Angeles, CA 90045
Telephone: (310) 337-3077
Facsimile: (310) 337-3080
E-mail: office@apittman-law.com
COLUMBUS DENTAL CORP: Brooks Files TCPA Suit in S.D. Indiana
------------------------------------------------------------
A class action lawsuit has been filed against Columbus Dental Corp.
The case is styled as Shatara Brooks, individually and on behalf of
all others similarly situated v. Columbus Dental Corp. d/b/a 24/7
Dental, Case No. 1:25-cv-02015-JPH-TAB (S.D. Ind., Oct. 2, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Columbus Dental Group -- https://www.columbusdentalgroup.com/ --
offers dental services from your youngest family member to your
oldest family member in one convenient location.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Email: ashamis@shamisgentile.com
COMMODORE CONSTRUCTION: Dutton Sues Over WARN Act Violation
-----------------------------------------------------------
Mark Dutton, on behalf of himself and all others similarly situated
v. COMMODORE CONSTRUCTION CORP., Case No. 7:25-cv-08153 (S.D.N.Y.,
Oct. 1, 2025), is brought under the Worker Adjustment and
Retraining Notification Act (the "WARN Act"), and 90 days' notice
as required by the New York State Worker Adjustment and Retraining
Notification Act ("NY WARN Act") and New York Labor Law ("NYLL")
(collectively, the "WARN Acts"), seeking to enforce the WARN Act's
statutory remedy of 60 days' back pay and benefits for the
Defendant's failure to provide WARN notice prior to their
terminations.
The Plaintiff was terminated along with an estimated 400 other
similarly situated employees as part of, or as the foreseeable
result of a mass layoff or plant closing ordered by Defendant on or
about September 30, 2025, and within 90 days of that date. The
Defendant failed to give Plaintiff and other similarly situated
employees of Defendant at least 60 days' advance notice of their
terminations, as required by the WARN Acts, says the complaint.
The Plaintiff was employed by the Defendant as a Senior Project
Manager.
The Defendant is a company engaged in the construction business in
the state of New York.[BN]
The Plaintiff is represented by:
Jack A. Raisner, Esq.
Rene S. Roupinian, Esq.
RAISNER ROUPINIAN LLP
270 Madison Avenue, Suite 1801
New York, NY 10016
Phone: (212) 221-1747
Fax: (212) 221-1747
Email: rsr@raisnerroupinian.com
jar@raisnerroupinian.com
CONCIERGE AUCTIONS: Knoche Files TCPA Suit in M.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Concierge Auctions,
LLC. The case is styled as Norman Knoche, individually and on
behalf of all others similarly situated v. Concierge Auctions, LLC,
Case No. 2:25-cv-00869 (M.D. Fla., Sept. 30, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Concierge Auctions -- https://www.conciergeauctions.com/ -- is the
leading global luxury real estate auction marketplace.[BN]
The Plaintiff is represented by:
Andrew John Shamis, Esq.
SHAMIS & GENTILE PA
14 NE 1st Ave., Ste. 705
Miami, FL 33132
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
COOPERATIVE RESPONSE CENTER: Anderson Sues Over Unpaid Wages
------------------------------------------------------------
Ann Anderson, individually and on behalf of all similarly situated
individuals v. Cooperative Response Center, Inc., Case No.
0:25-cv-03796-NEB-SGE (D. Minn., Sept. 29, 2025), is brought to
recover an award of unpaid wages and overtime premiums, liquidated
damages, penalties, injunctive and declaratory relief, attorneys'
fees and costs, pre- and post-judgment interest, and any other
remedies, for Defendant's willful violations of the Fair Labor
Standards Act ("FLSA"), and the Minnesota Payment of Wages Act
("MPWA").
The Defendant subjected Plaintiff, and those similarly situated, to
Defendant's policy and practice of improper time punch rounding,
which resulted in the failure to properly compensate CSRs as
required under the FLSA and MPWA. Throughout Plaintiff's employment
with Defendant, Plaintiff regularly worked at least 40 hours per
workweek. Regardless of whether Defendant scheduled Plaintiff to
work a workweek totaling under 40 hours, a workweek totaling 40
hours, or a workweek totaling in excess of 40 hours, Plaintiff
regularly worked a substantial amount of time that was recorded in
Defendant's timekeeping system but went unpaid due to Defendant's
rounding policy and practice, says the complaint.
The Plaintiff worked for Defendant as a Customer Service
Representative I from March 2020 to May 2025
The Defendant describes itself as "a nationwide, cooperatively
owned and operated, 24/7 contact center, alarm monitoring center,
and software provider" that provides "services to electric
utilities, including round-the-clock dispatch and customer care,
and monitoring of security and medical alarms."[BN]
The Plaintiff is represented by:
Jacob R. Rusch, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER, PLLC
444 Cedar Street, Suite 1800
Saint Paul, MN 55101
Phone: 612-436-1800
Fax: 612-436-1801
Email: jrusch@johnsonbecker.com
zkaylor@johnsonbecker.com
CORDS CLUB INC: Bahena Seeks Equal Website Access for the Blind
---------------------------------------------------------------
ASHLEY BAHENA, individually and on behalf of all others similarly
situated, Plaintiff v. CORDS CLUB, INC., Defendant, Case No.
1:25-cv-12289 (N.D. Ill., Oct. 8, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://cordsclub.com, is not fully or equally accessible to
blind and visually-impaired consumers, including the Plaintiff, in
violation of the ADA.
The Plaintiff seeks a permanent injunction to cause a change in the
Defendant's corporate policies, practices, and procedures so that
the Defendant's Web site will become and remain accessible to blind
and visually-impaired consumers.
Cords Club, Inc. owns a website known as Cordsclub.com, which
provides consumers with access to an array of goods and services,
including the ability to view a variety of hypoallergenic jewelry,
including flat back studs, themed earring bundles, enamel studs,
and bracelets. [BN]
The Plaintiff is represented by:
David B. Reyes, Esq.
EQUAL ACCESS LAW GROUP, PLLC
68-29 Main Street,
Flushing, NY 11367
Telephone: (844) 731-3343
Facsimile: (718) 554-0237
Email: Dreyes@ealg.law
COSTCO WHOLESALE: Faces Bullard Suit over False Advertising
-----------------------------------------------------------
Costco Wholesale Corporation disclosed in its Form 10-K for the
fiscal year ended August 31, 2025, filed with the Securities and
Exchange Commission on October 10, 2025, that on June 20, 2024, a
class-action lawsuit was filed against the company and Nice-Pak
Products, Inc., alleging that Kirkland Signature Fragrance Free
Baby Wipes contain 3.7 parts per billion of per-and polyfluoroalkyl
substances. The case is captioned "Bullard, et ano., v. Costco
Wholesale Corp., et ano.," No. 3:24-cv-03714 (N.D. Cal.).
The complaint alleges that the label claim that the wipes are "made
with naturally derived ingredients" thus violates various state
consumer protection and false advertising laws. The complaint seeks
unspecified damages, including punitive damages, as well as
equitable relief and attorneys' fees and costs. The defendants
filed a motion to dismiss on August 9, 2024. On February 14, 2025,
the court granted the motion. An amended complaint was filed;
defendants' motion to dismiss this complaint was denied on May 14,
2025.
Costco operates membership warehouses and e-commerce sites,
offering low prices on a limited selection of nationally-branded
and private-label products in a wide range of categories.
COVENANT PRACTICE: Cruz Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Covenant Practice
Management, LLC, et al. The case is styled as Joy Rae Cruz,
individually, and on behalf of all others similarly situated v.
Covenant Practice Management, LLC, De La Pena Eye Clinic A Medical
Group Inc. d/b/a DLP Eye Group, Case No. 25STCV29326 (Cal. Super.
Ct., Alameda Cty., Oct. 6, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Covenant Practice Management, LLC formerly Covenant Physician
Partners is a privately-held owner and operator of ambulatory
surgery centers.[BN]
The Plaintiff is represented by:
Seung L. Yang, Esq.
THE SENTINEL FIRM, APC
355 S. Grand Ave., Suite 1450
Los Angeles, California 90071
Phone: (213) 985-1150
Fax: (213) 985-2155
Email: seung.yang@thesentinelfirm.com
CPA GLOBAL: Brainchild Seeks to File Class Exhibits Under Seal
--------------------------------------------------------------
In the class action lawsuit captioned as BRAINCHILD SURGICAL
DEVICES, LLC, v. CPA GLOBAL LIMITED, Case No. 1:21-cv-00554-RDA-LRV
(E.D. Va.), the Plaintiff asks the Court to enter an order granting
motion for leave to file under seal certain documents submitted in
support of its motion for class certification.
Specifically, Brainchild requests leave to file under seal: •
Exhibits A, C, D, E, and F to the Declaration of Ryan Abbott; •
The Declaration of David Cass • Brainchild’s memorandum in
support of its motion.
The exhibits to the Abbott Declaration were prepared or produced in
connection with discovery in this litigation, and have all been
designated Confidential or Highly Confidential by the Defendant.
Similarly, the Cass Declaration was prepared using, and includes
reference to, materials produced by CPA that CPA has designated
Confidential or Highly Confidential. Brainchild's memorandum in
support of its motion, in turn, contains discussion of these
materials that CPA designated confidential.
CPA provides general, legal, and intellectual property (IP) support
services.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Ce5jDm at no extra
charge.[CC]
The Plaintiff is represented by:
Rob Powers, Esq.
MCCLANAHAN POWERS, LLP
3160 Fairview Park Dr., Ste. 410
Falls Church, VA 22042
Telephone: (703) 520-1326
E-mail: rpowers@mcplegal.com
- and -
Ryan B. Abbott, Esq.
Ethan J. Brown, Esq.
BROWN NERI SMITH & KHAN, LLP
11601 Wilshire Blvd., Ste. 2080
Los Angeles, CA 90025
Telephone: (310) 593-9890
Facsimile: (310) 593-9980
E-mail: Geoff@bnsklaw.com
Ethan@bnsklaw.com
Ryan@bnskaw.com
CPA GLOBAL: Brainchild Surgical Seeks Rule 23 Class Certification
-----------------------------------------------------------------
In the class action lawsuit captioned as BRAINCHILD SURGICAL
DEVICES, LLC, v. CPA GLOBAL LIMITED, Case No. 1:21-cv-00554-RDA-LRV
(E.D. Va.), the Plaintiff asks the Court to enter an order
certifying the following plaintiff class under Rule 23(b)(3):
"All CPA Global clients who paid a Country Charge pursuant to
a contract under U.S. law during the period of Jan. 1, 2017 to
the present."
Brainchild further requests that the Court appoint Brainchild as
the class representative, and that the Court appoint Brown, Neri,
Smith & Khan LLP, Alexander Morrison + Fehr LLP, and McClanahan
Powers LLP as class counsel.
For reasons explained in the supporting brief, certification of a
Rule 23(b)(3) class is warranted. Brainchild contends that CPA
overcharged roughly 10,000 customers (including Brainchild) in
violation of the terms of the customers' contracts with CPA Global.
Those contracts all have materially identical terms with respect to
the relevant charges, and CPA Global had a uniform method for
calculating and assessing those charges.
CPA provides general, legal, and intellectual property (IP) support
services.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=EMv56f at no extra
charge.[CC]
The Plaintiff is represented by:
Rob Powers, Esq.
MCCLANAHAN POWERS, LLP
3160 Fairview Park Dr., Ste. 410
Falls Church, VA 22042
Telephone: (703) 520-1326
E-mail: rpowers@mcplegal.com
- and -
Ryan B. Abbott, Esq.
Ethan J. Brown, Esq.
BROWN NERI SMITH & KHAN, LLP
11601 Wilshire Blvd., Ste. 2080
Los Angeles, CA 90025
Telephone: (310) 593-9890
Facsimile: (310) 593-9980
E-mail: Geoff@bnsklaw.com
Ethan@bnsklaw.com
Ryan@bnskaw.com
CRASH CHAMPIONS: Rocha Suit Removed to W.D. Washington
------------------------------------------------------
The case captioned as Pedro Rocha, individually and on behalf of
all other similarly situated v. CRASH CHAMPIONS, LLC, and DOES
1-20, as yet unknown entities, Case No. 25-2-23675-7 KNT was
removed from the Superior Court of the State of Washington in and
for the County of King, to the United States District Court for
Western District of Washington on Sept. 29, 2025, and assigned Case
No. 2:25-cv-01880.
The Complaint set forth five causes of action against Defendant:
alleged Failure to Compensate for Legally Noncompliant Meal and
Rest Periods in Violation of WAC 296-126-092; alleged Double
Damages for Willful and Intentional Withholding of Wages Pursuant
to RCW 49.52.050,070; alleged Minimum Wage Violations in Violation
of Minimum Wage Act: RCW 49.46 et seq.; alleged Failure to Pay
Overtime Wages; and alleged Record Keeping Violations.[BN]
The Plaintiff is represented by:
Zachary Crosner, Esq.
Jamie K. Serb, Esq.
CROSNER LEGAL PC
9440 Santa Monica Boulevard, Suite 301
Beverly Hills, CA 90210
Phone: (310) 496-5818
Fax: (818) 700-9973
Email: zach@crosnerlegal.com
jamie@crosnerlegal.com
The Defendants are represented by:
Breanne Martell, Esq.
Gray Jeong, Esq.
LITTLER MENDELSON, P.C.
One Union Square
600 University Street, Suite 3200
Seattle, WA 98101.3122
Phone: 206.623.3300
Facsimile: 206.447.6965
Email: bsmartell@littler.com
gjeong@littler.com
DAILY HARVEST INC: Frost Sues Over Blind-Inaccessible Website
-------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Daily Harvest, Inc., Case No. 0:25-cv-03791
(D. Minn., Sept. 29, 2025), is brought arising because the
Defendant's Website (www.daily-harvest.com) is not fully and
equally accessible to people who are blind or who have low vision
in violation of both the general non-discriminatory mandate and the
effective communication and auxiliary aids and services
requirements of the Americans with Disabilities Act (the "ADA") and
the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and have been legally blind and are therefore
disabled.
The Defendant offers pre-packed meals and drinks for sale
including, but not limited to, smoothies, protein powders,
breakfast bowls, ready-made meals and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
DALLAS COUNTY, TX: Allman Sues Over Illegal Wage Practices
----------------------------------------------------------
Timothy Allman, Tina Allman, Precious Amaechi, Torrance Clemmons,
Jerry Cox, Jr., Donald Crear, Christopher Dyer, Tim Ervin, Billy
Hamilton, LaTorrez Jones, Juanita Kelly, Adrain Moffett, Russell
Moore, Jeffrey Payton, James Shields, Jewell Simpson, Terry Trout
and all those employees similarly situated of Dallas County v.
DALLAS COUNTY, TEXAS, CLAY JENKINS in his official capacity as
Dallas County Judge, DR. THERESA DANIEL, ANDY SOMMERMAN, JOHN WILEY
PRICE, AND DR. ELBA GARCIA, in their official capacities as Dallas
County Commissioners, Case No. 3:25-cv-02709-K (N.D. Tex., Oct. 3,
2025), is brought under the Fair Labor Standards Act ("FLSA"),
seeking to finally end the punitive and illegal practices of the
County, which have gone on for too long, and which persist despite
multiple Department of Labor investigations finding violations.
Despite the Dallas County Sheriff's efforts, and for longer than
the past three years, the DCCC and its supporting administration
have persistently, intentionally, and willfully subjected its
Sheriff's Office employees along with the rest of its workforce,
which consists of a total of approximately 6,500 current employees,
to illegal employment and compensation practices that violate their
rights and welfare. This complaint is filed as one more attempt by
Plaintiffs, in its three-year pursuit to express their first
amendment right to speak out on a matter of extreme public concern,
recognizing that for doing so, retaliation is likely, as has
occurred in the past, says the complaint.
The Plaintiffs are non-exempt employees of the County.
Dallas County is a political subdivision of the State of
Texas.[BN]
The Plaintiffs are represented by:
George E. Hyde, Esq.
Matthew L. Weston, Esq.
HYDE KELLEY LLP
2806 Flintrock Trace, Suite A104
Austin, TX 78738
Phone: (512) 686-0700
Facsimile: (866) 929-1641
Email: ghyde@txlocalgovlaw.com
mweston@txlocalgovlaw.com
DAUPHIN COUNTY, PA: Court Narrows Claims in Little Class Suit
-------------------------------------------------------------
In the class action lawsuit captioned as KANI LITTLE, et al., v.
DAUPHIN COUNTY, et al., Case No. 4:24-cv-02169-KM (M.D. Pa.), the
Hon. Judge Karoline Mehalchick entered a memorandum agreeing with
the Report's sound reasoning and discerns no error of law.
Accordingly, the Report is adopted in its entirety as the opinion
of the Court. Moving Defendants' objection is overruled. Moving
Defendants' motion to dismiss is granted in part and denied in
part. Moving Defendants' motion to dismiss is granted as to Counts
III and IV of the complaint and Counts III and IV are dismissed
without prejudice. Moving Defendants' motion to dismiss is denied
regarding the remaining counts and Moving Defendants' request to
deny class certification is denied. The Plaintiffs are granted
leave to file an amended complaint within 21 days, or on or before
Oct. 20, 2025.
The Plaintiffs do not just assert boilerplate and conclusory
allegations; they allege Pierre and Briggs directed specific
allegedly unconstitutional acts and made the decision to
cut power to the RHU together.
Further, information about Briggs and Pierre's actions directing
prison officials is necessarily within Defendants’ knowledge and
control and not Plaintiffs' because Plaintiffs were housed in
high-security isolation cells when these actions were taken. Thus,
Judge Latella correctly determined that Plaintiffs sufficiently
alleged Briggs and Pierre had personal involvement in allegedly
unconstitutional actions. The Court adopts the Report's
recommendation that the Court deny Moving Defendants’ motion to
dismiss Counts I and II.
The Plaintiffs specifically allege that in November 2023, prison
officials became concerned about RHU inmates smoking synthetic
marijuana and began to seize tablets from all RHU inmates.
According to the Plaintiffs, Dauphin County Prison inmates are not
allowed to have physical documents because of drug smuggling
concerns and because of this, RHU inmates can only access physical
reading materials through tablets. This includes communications
with individuals outside the facility, recreational materials,
mental health materials, legal materials, and religious texts.
The Plaintiffs filed the operative complaint on December 17, 2024.
In the complaint, Plaintiffs seek class certification for
"All persons confined at Dauphin County Prison in Units P-3,
P-5, and/or P-6 of the Restrictive Housing Unit at any point
from Nov. 16, 2023, to Dec. 19, 2023."
The Plaintiffs further seek to represent three subclasses
consisting of 1) class members whose constitutional claims arise
under the Fourteenth Amendment, 2) all class members whose
constitutional claims arise under the Eighth Amendment, and 3) all
class members "who had a diagnosed mental health condition
reflected in their official [Dauphin County Prison] records during
the Class Period."
Dauphin is a county in the Commonwealth of Pennsylvania.
A copy of the Court's memorandum dated Sept 29, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=k2ACXD at no extra
charge.[CC]
DCM SERVICES: Fiorito Sues Over Blind-Inaccessible Websites
-----------------------------------------------------------
Michael Fiorito and all others similarly situated v. DCM Services
LLC, Case No. 1:25-cv-24519-EAL (S.D. Fla., Oct. 1, 2025), is
brought arising because the defendant's websites are not fully and
equally accessible to people who are blind or have low vision, in
violation of both the general non, discriminatory mandate, Federal
and State Law and the Effective Communication and Auxiliary Aids
and Services requirements of Americans with Disabilities Act (The
ADA) and its implementing regulations.
The Defendant's all own, operate, and/or control their websites and
are responsible for the policies, practices, and procedures
concerning the websites development and maintenance and employee
training. As a consequence of his experience visiting defendant's
websites, including in 2024, and from investigation performed on
his behalf, Plaintiff found defendant's website has a number Of
digital barriers that deny screen-reader users like Plaintiff full
and equal access to important website-content Defendant makes
available to its sighted website users.
Still, Plaintiff would like to, intends to, and will attempt to
access Defendants website in the future to browse, research, or
even seek employment and conduct research on Defendant and purchase
the products and services that Defendant offers. The Defendants
policies regarding the maintenance and operation of its website
fail to ensure its website is fully accessible to, and
independently useable by, individuals with vision-related
disabilities, Defendants all have failed to properly train their
employees to handle website ADA Accessibility issues. The
Defendants have been repeatedly warned about their websites
accessibility issues but have chosen to take no action, says the
complaint.
The Plaintiff is and has been legally, visually impaired and
suffers from severe long term Traumatic Brain Injury and is
therefore disabled under the ADA.
DCM Services LLC is based in Florida.[BN]
DEANCO HEALTHCARE: Wasp Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Deanco Healthcare,
LLC. The case is styled as Tramaine Marquise Wasp, Individually and
on behalf of all others similarly situated v. Deanco Healthcare,
LLC d/b/a Mission Community Hospital, Case No. 25STCV29572 (Cal.
Super. Ct., Santa Barbara Cty., Oct. 8, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Deanco Healthcare, LLC provides healthcare services.[BN]
The Plaintiffs are represented by:
James R. Hawkins, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92318
Phone: (949) 387-7200
Fax: (949) 387-6676
DFG RESTAURANTS: Blanco Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against DFG Restaurants, Inc.
The case is styled as Alexis Blanco, individually, and on behalf of
himself and all others similarly situated v. DFG Restaurants, Inc.,
a California corporation; Friendly Franchisee Corporation, a
California corporation; Does 1-25, inclusive, Case No. 25VECV05670
(Cal. Super. Ct., Los Angeles Cty., Oct. 6, 2025).
The case type is stated as "Other Employment - Civil Unlimited."
DFG Restaurants, Inc. doing business as Deluxe Food Service --
https://www.deluxefoodgroup.com/ -- is a leading importer and
distributor of premium food products.[BN]
The Plaintiff is represented by:
Christina M. Lucio, Esq.
Mitchell J. Murray, Esq.
Nicholas W. Schieffelin, Esq.
EMPLAW, LLP
2235 Encinitas Blvd., Ste. 210
Encinitas, CA 92024-4357
Phone: 760-942-9433
Email: christina@emplawllp.com
mitchell@emplawllp.com
nick@emplawllp.com
DISNEY WORLDWIDE: Desouvre Sues Over Intrusive Business Practices
-----------------------------------------------------------------
Yanatha Desouvre, on behalf of his minor children, J.D. and A.D.,
individually and on behalf of all others similarly situated v.
DISNEY WORLDWIDE SERVICES, INC., a corporation, and DISNEY
ENTERTAINMENT OPERATIONS LLC, a limited liability company, Case No.
6:25-cv-01878 (M.D. Fla., Sept. 29, 2025), is brought on behalf of
his minor children, J.D. and A.D., individually and on behalf of
all other individuals who had their privacy invaded by Disney's
intrusive and unlawful business practices of enabling the
collection of personal information from millions of children under
the age of 13 in the United States, without providing notice to
parents or obtaining verifiable parental consent.
Since 2019, Disney has failed to designate its animated videos,
cartoons, movie clips, and other content clearly aimed at children
under 13 as "made for kids" on YouTube. Disney's failure to
designate its videos as "made for kids" has allowed the collection
of personal data from children, including persistent identifiers
(like cookies and device IDs) and sensitive information (such as
identity and location), all without notifying parents or securing
verifiable parental consent.
Disney thereby generates substantial advertising revenue from
opening up its audience of millions of children under the age of 13
to YouTube's targeted advertising algorithm. Disney's conduct
illegally invades the privacy of millions of children in the United
States, and it violates an array of federal and state statutes
protecting children and consumers. Minor Plaintiffs bring claims on
behalf of themselves and all other similarly situated children
under the age of 13 injured Disney's misconduct, says the
complaint.
The Minor Plaintiffs watched child-directed content uploaded by
Disney on the YouTube platform.
Disney is a worldwide media conglomerate that produces and
distributes highly popular child-directed content, including
through its official channels on YouTube, a video- sharing platform
owned by Google LLC.[BN]
The Plaintiff is represented by:
Laurence M. Rosen, Esq.,
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Phone: (212) 686-1060
Fax: (212) 202-3827
Email: lrosen@rosenlegal.com
DLS EVENTS: Meza Sues Over Failure to Pay All Wages
---------------------------------------------------
Claudia Meza, as an individual and on behalf of all others
similarly situated v. DLS EVENTS, LLC, a California limited
liability company; and DOES 1 through 50, inclusive, Case No.
25STCV28270 (Cal. Super. Ct., Los Angeles Cty., Sept. 29, 2025), is
brought under the California Labor Codes against the Defendants for
penalties for violations of the California Labor Code, including
without limitation, failure to timely pay employees all wages.
This complaint challenges systemic illegal employment practices
resulting in violations of the California Labor Code against
individuals who worked for Defendants. Plaintiff is informed and
believes, and based thereon alleges, Defendants, jointly and
severally, have acted intentionally and with deliberate
indifference and conscious disregard to the rights of all employees
by failing to timely pay all wages.
The Plaintiff is informed and believes, and based thereon alleges,
Defendants have engaged in, among Other things a system of willful
violations Of the California Labor Code and applicable IWC wage
orders by creating and maintaining policies, practices, and customs
that knowingly deny employees the above stated rights and
benefits., says the complaint.
The Plaintiff was employed by Defendants as a Staffing Manager,
from April 11, 2024 until June 30, 2025.
DLS EVENTS, LLC was and is a limited liability company under the
laws of the State of California and doing business in the State of
California.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
Max W. Gavron, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
Phone: (213) 488-6555
Facsimile: (213) 488-6554
Email: lwlee@diversitylaw.com
mgavron@diversitylaw.com
- and -
William L. Marder, Esq.
POLARIS LAW GROUP
501 San Benito Street, Suite 200
Hollister, CA 95023
Phone: (831) 531-4214
Facsimile: (831) 634-0333
Email: bill@polarislawgroup.com
DOLLAR TREE STORES: Cressey Suit Removed to S.D. California
-----------------------------------------------------------
The case captioned as Amy Cressey, an individual, and others
similarly situated v. DOLLAR TREE STORES, INC., a Virginia
corporation; MARGARITA SANTOS, an individual; and DOES 1-100,
inclusive, Case No. 25CU045301C was removed from the Superior Court
of the State of California, County of San Diego, to the United
States District Court for Southern District of California on Oct.
3, 2025, and assigned Case No. 3:25-cv-02624-WQH-KSC.
The Complaint alleges 11 employment-related claims brought under
state law: discrimination on the basis of age under Fair Employment
and Housing Act; failure to prevent discrimination under FEHA;
retaliation under FEHA; retaliation for use of sick leave;
whistleblower retaliation under Labor Code Section 1102.5; wrongful
termination in violation of public policy; unpaid minimum wage;
failure to provide meal periods; failure to provide rest breaks;
failure to issue accurate and itemized wage statements; and waiting
time penalties.[BN]
The Defendants are represented by:
Rachael Lavi, Esq.
LITTLER MENDELSON, P.C.
2049 Century Park East, 5th Floor
Los Angeles, CA 90067.3107
Phone: 310.553.0308
Facsimile: 800.715.1330
Email: rlavi@littler.com
DRURY HOTELS: $290K Settlement in Knighten Suit Wins Approval
-------------------------------------------------------------
In the class action lawsuit captioned as KAYLA KNIGHTEN, v. DRURY
HOTELS COMPANY, LLC, Case No. 4:24-cv-00666-SEP (E.D. Mo.), the
Hon. Judge Sarah Pitlyk entered an order granting the Plaintiff's
unopposed motion for settlement approval.
The Court FURTHER entered an order that:
-- The Plaintiff's unopposed motion for leave to file in excess
of page limitation is granted.
-- The Plaintiff's joint motion to amend proposed settlement
notice, claim form, and order is granted.
In summary, under the proposed settlement, a common fund of
$290,000.00 will be established. After deducting attorneys' fees,
litigation costs, settlement administration costs, and the
collective representative award, $162,775.46 will be made available
to "all current and former Customer Service Representatives who
worked for Drury's National Contact Center in the United States at
any time during the three years preceding June 28, 2024, and who
were amongst the 292 employees identified in the data productions
produced by Drury to Named Plaintiff on August 29, 2024"
("Settlement Collective Members").
The Court finds the request for attorneys' fees to be fair and
reasonable. The Plaintiff's counsel took this case on a contingency
basis and was able "to successfully obtain a concrete and
substantial benefit—a settlement fund totaling $290,000— for a
Settlement Collective of 292 similarly situated employees with
relatively low dollar claims."
The Court also approves the Plaintiff's counsel's request for
reimbursement up to $15,000.00 in litigation costs. Per counsel, at
the time the Motion for Settlement Approval was filed, the costs
incurred in litigating the case and obtaining the settlement
totaled $14,389.89, and any unused costs will be made available for
Settlement Collective Members.
The Court approves the appointment of ILYM, Inc., as the Settlement
Administrator and approves its fees and costs of up to $11,167.98
to administer the settlement. As the appointed Settlement
Administrator, ILYM will be responsible for executing the functions
outlined in Section 2.2 of the Agreement.
On May 13, 2024, the Plaintiff filed a complaint alleging
violations of the Fair Labor Standards Act and common laws claim of
breach of contract, or in the alternative, unjust enrichment. The
Complaint alleged that Defendant failed to pay its remote customer
service representatives (CSRs) for the time spent logging into and
out of the programs and applications required to perform their job
duties.
Drury operates as a hotel.
A copy of the Court's memorandum and order dated Sept 29, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=hmCYED
at no extra charge.[CC]
DUMPLING KING GROUP: Campbell Sues Over Unlawful Discrimination
---------------------------------------------------------------
Andree Campbell, and all others similarly situated v. Dumpling King
Group LLC, a Florida Limited Liability Company, Case No.
0:25-cv-62019-RS (S.D. Fla., Oct. 8, 2025), is brought for
declaratory and injunctive relief, attorney's fees, costs, and
litigation expenses for unlawful disability discrimination in
violation of Title III of the Americans with Disabilities Act
("ADA").
The Plaintiff utilizes available screen reader software that allows
individuals who are blind and visually disabled to communicate with
websites. However, Defendant's Website contains access barriers
that prevent free and full use by blind and visually disabled
individuals using keyboards and available screen reader software.
Accordingly, Defendant's Website was incompatible with Plaintiff's
screen reading software and keyboard. The fact that Plaintiff could
not communicate with or within the Website left Plaintiff feeling
excluded, frustrated, and humiliated, and gave Plaintiff a sense of
isolation and segregation, as Plaintiff is unable to participate in
the same online experience, with the same access to the sales,
services, discounts, as provided at the Website and in the physical
cafes as the non-visually disabled public, says the complaint.
The Plaintiff is, and at all relevant times, has been blind and
visually disabled.
The Defendant owns, operates, and/or controls 4 U.S.-based
restaurants specializing in handcrafted Chinese dumplings, soups,
rice dishes, and Asian comfort fare.[BN]
The Plaintiff is represented by:
Aleksandra Kravets, Esq.
ALEKSANDRA KRAVETS, ESQ. P.A.
865 SW 113 Lane
Pembroke Pines, FL 33025
Phone: 347-268-9533
Email: ak@akesqpa.com
EAST CENTRAL: Appeals Remand Order in Moser Suit to 8th Circuit
---------------------------------------------------------------
EAST CENTRAL MISSOURI BEHAVIORAL HEALTH SERVICES, INC. is taking an
appeal from a court order granting the Plaintiff's motion to remand
in the lawsuit entitled Mildred Moser, individually and on behalf
of all others similarly situated, Plaintiff v. East Central
Missouri Behavioral Health Services, Inc., Defendant, Case No.
2:25-cv-00020-HEA, in the U.S. District Court for the Eastern
District of Missouri.
As previously reported in the Class Action Reporter, the suit,
which was removed from the Circuit Court for Audrain County,
Missouri, to the U.S. District Court for the Eastern District of
Missouri, is brought against the Defendant for claims of: (1)
negligence and negligence per se, (2) breach of implied contract,
(3) unjust enrichment, (4) breach of bailment, and (5) invasion of
privacy. The Plaintiff alleged that the Defendant failed to
properly secure its patients' protected health information and
personally identifying information, which resulted in a data breach
of the Defendant's electronic health record system and the theft of
its patients' information by unknown bad actors.
On Mar. 19, 2025, the Plaintiff filed a motion to remand the case,
which Judge Henry Edward Autrey granted on Sept. 9, 2025.
The court ruled that the Defendant lacked valid grounds for federal
court removal in this class action data breach lawsuit. Judge
Autrey determined that neither the Federally Supported Health
Centers Assistance Act nor the federal officer removal statute
provided proper basis for federal jurisdiction.
The appellate case is entitled Mildred Moser v. East Central
Missouri Behavioral Health Services, Inc., Case No. 25-2990, in the
United States Court of Appeals for the Eighth Circuit, filed on
October 7, 2025.
The briefing schedule in the Appellate Case states that:
-- Appendix is due on November 17, 2025;
-- Appellant's Brief is due on November 17, 2025; and
-- Appellee brief is due 30 days from the date the court issues
the Notice of Docket Activity filing the brief of appellant. [BN]
Plaintiff-Appellee MILDRED MOSER, individually and on behalf of all
others similarly situated, is represented by:
Colleen Garvey, Esq.
John F. Garvey, Jr., Esq.
Ellen Thomas, Esq.
STRANCH & JENNINGS
701 Market Street, Suite 1510
Saint Louis, MO 63101
Telephone: (314) 374-6306
- and -
James Gerard Stranch, IV, Esq.
Grayson Wells, Esq.
STRANCH & JENNINGS
Suite 200, Freedom Building
223 Rosa L. Parks Avenue
Nashville, TN 37203
Telephone: (615) 254-8801
Defendant-Appellant EAST CENTRAL MISSOURI BEHAVIORAL HEALTH
SERVICES, INC. is represented by:
James Daniel Ribaudo, Esq.
GAUSNELL & O'KEEFE
1717 Park Avenue
Saint Louis, MO 63104
Telephone: (314) 257-9800
ENTEGRIS INC: Hurtado Wage-and-Hour Suit Removed to N.D. Calif.
---------------------------------------------------------------
The case EDUARDO HURTADO, individually and on behalf of all others
similarly situated v. ENTEGRIS, INC.; and DOES 1 through 25,
inclusive, Case No. 25CV139553, was removed from the Superior Court
of the State of California for the County of Alameda to the United
States District Court for the Northern District of California on
October 8, 2025.
The Clerk of Court for the Northern District of California assigned
Case No. 3:25-cv-08603 to the proceeding.
The suit is brought against the Defendants for alleged violations
of California Labor Code and Unfair Competition Law.
Entegris, Inc. is a supplier of materials for the semiconductor and
other high-tech industries, headquartered in Massachusetts. [BN]
The Defendant is represented by:
Brian Berry, Esq.
Sarah Zenewicz, Esq.
Monica N. Ratajczak, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Telephone: (415) 442-1000
Facsimile: (415) 442-1001
Email: brian.berry@morganlewis.com
sarah.zenewicz@morganlewis.com
monica.ratajczak@morganlewis.com
EQUITY ONE: Marino Sues Over Inaccessible Property
--------------------------------------------------
Jose Marino, individually and on behalf of all other similarly
situated mobility-impaired individuals v. EQUITY ONE (FLORIDA
PORTFOLIO) LLC and THE SHERWIN – WILLIAMS COMPANY, Case No.
1:25-cv-24573-XXXX (S.D. Fla., Oct. 6, 2025), is brought for
injunctive relief, attorneys' fees, litigation expenses, and costs
pursuant to the Americans with Disabilities Act ("ADA") as a result
of the Defendants' Commercial Property being inaccessible to people
who are disabled.
Although well over 33 years has passed since the effective date of
Title III of the ADA, Defendant has yet to make its/their
facilities accessible to individuals with disabilities. Congress
provided commercial businesses one and a half years to implement
the Act. The effective date was January 26, 1992. In spite of this
abundant lead time and the extensive publicity the ADA has received
since 1990, Defendants have continued to discriminate against
people who are disabled in ways that block them from access and use
of Defendants' property and the businesses therein.
The Plaintiff found the commercial property and commercial
restaurant business to be rife with ADA violations, despite having
been previously sued by other Plaintiffs for ADA violations. The
Plaintiff encountered architectural barriers at the commercial
property and commercial restaurant business located within the
commercial property and wishes to continue his patronage and use of
the premises.
The Plaintiff has encountered architectural barriers that is in
violation of the ADA at the subject commercial property. The
barriers to access at Defendants' commercial property and
commercial restaurant business has each denied or diminished
Plaintiff's ability to visit the commercial property and restaurant
and has endangered his safety in violation of the ADA.
The Defendants have discriminated against the individual Plaintiff
by denying him access to, and full and equal enjoyment of, the
goods, services, facilities, privileges, advantages and/or
accommodations of the Commercial Property and business located
therein, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
EQUITY ONE (FLORIDA PORTFOLIO) LLC, owns, operates, and oversees
the commercial property, with all areas open to the public.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
EVANSVILLE VANDERBURGH: Faces Suit Over Discrimination, Retaliation
-------------------------------------------------------------------
L.O. and B.O on behalf of R.O., individually and on behalf of all
others similarly situated, Plaintiffs v. EVANSVILLE VANDERBURGH
SCHOOL CORPORATION, BOARD OF SCHOOL TRUSTEES OF THE EVANSVILLE
VANDERBURGH SCHOOL CORPORATION, DR. DAVID SMITH, JENNIFER HARPENAU,
ELLYN HULSEY, CAROLINE PALESKI, ELIJAH FARMER, CALEB BREEDEN,
JEREMIAH RAINEY, in their individual and official capacities,
Defendants, Case No. 3:25-cv-00220-MPB-CSW (S.D. Ind., October 8,
2025) is a class action against the Defendants for violations of
Section 504 of the Rehabilitation Act of 1973, Americans with
Disabilities Act, and 42 U.S. Code Section 1983, and intentional
infliction of emotional distress.
The case arises from the Defendants' pattern of unlawful
retaliation, discrimination, and abusive disciplinary practices.
The Defendants were negligent in breaching their duty to safeguard
Plaintiff R.O. and to provide him with a safe educational
environment, foreseeably causing him severe emotional trauma,
psychiatric hospitalization, and the denial of educational access.
Moreover, the Defendants retaliated against R.O. and his family by
subjecting him to repeated and prolonged seclusion, exclusion from
education, and acts of intimidation after his parents successfully
challenged Evansville's breach of duty. The Plaintiffs seek
declaratory and injunctive relief, compensatory and punitive
damages, and such further remedies as are necessary to redress the
Defendants' unlawful retaliation, abuse of seclusion, and
deliberate indifference to R.O.'s rights.
Evansville Vanderburgh School Corporation, is a public school
district in Indiana. [BN]
The Plaintiffs are represented by:
Tammy J. Meyer, Esq.
METZGER ROSTA LLP
32 S. 9th Street
Noblesville, IN 46060
Telephone: (317) 219-4606
Email: tammy@metzgerrosta.com
- and -
Catherine M. Michael, Esq.
CONNELL MICHAEL, LLP
550 Congressional Ave., Suite 115
Carmel, IN 46032
Telephone: (317) 343-4482
Email: Catherine@connellmichaellaw.com
- and -
Dorene Philpot, Esq.
PHILPOT LAW OFFICE, PLLC
275 Bristol Lane
Livingston, TX 77351
Telephone: (281) 989-2010
Email: Fape4kids@gmail.com
- and -
Benjamin J. Hinerfeld, Esq.
LAW OFFICE OF BENJAMIN J. HINERFELD
9 Stoddard Street
Plymouth, MA 02360
Telephone: (215) 694-7432
Email: Ben@hinerfeldlaw.com
EVENFLO COMPANY: Faces Class Suit Over Design Hazards of Car Seats
------------------------------------------------------------------
Tracy Bagdonas of ClassAction.org reports that a proposed class
action lawsuit alleges that certain Evenflo car seats suffer from a
headrest-related design defect that can create a choking hazard for
infants and young children.
The 31-page lawsuit against Evenflo claims that the cover of the
foam headrest found on the company's Gold Revolve360 Slim and
Revolve360 Slim car seat models can be easily removed by children,
exposing foam underneath that can be pulled off in pieces. Should
these chunks be ingested, they could pose a potentially fatal
choking hazard, the suit says.
The case states that roughly 324,000 car seats were voluntarily
recalled by Evenflo in September 2025 in cooperation with the
National Highway Traffic Safety Commission. The recall came after
"11 case reports of children with foam pieces from the headrest in
their mouths and 12 case reports of children with foam pieces from
the headrest, though not ingesting it," with no injuries reported,
the complaint details.
However, the class action lawsuit charges that the Evenflo recall
was "wholly inadequate for consumers" given that the remedy -- a
free kit with an additional tape seal supposedly designed to
prevent a child's access to the headrest foam -- provides no real
relief and instead leaves consumers with a car seat that remains
dangerous to use.
Per the suit, the model numbers associated with the recalled Gold
Revolve360 Slim and Revolve360 Slim car seats are 36812449,
36812449AZ, 36812450, 36812450POP, 36812450AZ, 36812451,
36812451AZ, 36812467, 36812467AZ, 36812468, 36812468AZ, 36812469,
36812469AZ, 36812470, 36812470A, 36812470TGT, 36812471, 36812501,
36812501A, and 36812504. The recall applies to units manufactured
between December 1, 2022, and December 8, 2024, the filing says.
According to the complaint, Evenflo "was aware, or should have been
aware, that the Car Seats' headrest cover could become unsecured"
because of robust industry-standard product testing. The plaintiffs
contend that the danger posed by the car seats negates several
advertising claims made by Evenflo, including statements such as
"safety has never meant more," and that its products "typically
include more advanced safety and comfort features than convertible
car seats."
On top of the recall, Evenflo has urged consumers with the
afflicted car seat models to cease using them and contact the
company for a free repair kit. This kit includes tape intended to
act as an additional seal for the headrests, covering the foam
access points.
Head to this page to confirm your model information and receive a
free headrest repair kit from Evenflo, with shipping included. The
repair kit requires no additional tools and includes instructions
for assembly. The company claims that shipping will begin in early
November.
This is not the first time Evenflo has been under fire for
allegedly defective, unsafe products. In January 2020, a portable
crib "napper" was recalled due to a suffocation risk after it was
reported that infants could easily roll from their back to stomach
or side.
"Every Product suffers from the uniform Defect, which, unknown to
consumers but known to Defendant, exists at the point of purchase
and poses an unreasonable safety hazard to children," the case
alleges. "As such, Plaintiff and all reasonable consumers are
victims of the unfair bargaining power between them and Defendant
based on Evenflo's superior industry knowledge."
Proposed class members for the Evenflo car seat lawsuit include all
consumers in the United States who bought one or more of the
products at issue in the U.S. during the applicable statute of
limitations period. [GN]
EVERGREEN ALLIANCE GOLF: Conant Files Suit in Cal. Super. Ct.
-------------------------------------------------------------
A class action lawsuit has been filed against Evergreen Alliance
Golf Limited, L.P., et al. The case is styled as Laura Conant,
individually, and on behalf of other similarly situated employees
v. Evergreen Alliance Golf Limited, L.P., Does 1 through 25,
inclusive, Case No. 25CV146183 (Cal. Super. Ct., Los Angeles Cty.,
Sept. 29, 2025).
The case type is stated as "Other Employment Complaint Case."
Evergreen Alliance Golf Limited, LP provides golf course management
services.[BN]
The Plaintiff is represented by:
Ryan Quadrel, Esq.
BLACKSTONE LAW, APC
8383 Wilshire Boulevard., Ste. 745
Beverly Hills, CA 90211
Phone: 310-622-4278
Fax: 855-786-6356
Email: rquadrel@blackstonepc.com
EVERGUARD HOME INSULATION: Flores Files Suit in Cal. Super. Ct.
---------------------------------------------------------------
A class action lawsuit has been filed against Everguard Home
Insulation, Inc. The case is styled as Jimmy Carrillo Flores, on
behalf of himself and others similarly situated v. Everguard Home
Insulation, Inc., Case No. 25STCV28277 (Cal. Super. Ct., Los
Angeles Cty., Sept. 23, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Everguard Home Insulation -- https://www.everguardinsulation.com/
-- provides Insulation Installation or Upgrade, Sound Proofing,
Weatherization services.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
EVERGY INC: Doll Seeks Leave to File Exhibits Under Seal
--------------------------------------------------------
In the class action lawsuit captioned as DERICK L. DOLL, CATHERINE
M. FLUEGEL, and JOSEPH NAGLE, individually and as representatives
of a Class of Participants and Beneficiaries on behalf of the
Evergy, Inc. 401(k) Savings Plan, v. EVERGY, INC., DAVID A.
CAMPBELL, TERRY BASSHAM, THE ADMINISTRATIVE COMMITTEE OF THE
EVERGY, INC. 401(k) SAVINGS PLAN, and SAGEVIEW ADVISORY GROUP, LLC,
Case No. 4:25-cv-00043-SRB (W.D. Mo.), the Plaintiffs ask the Court
to enter an order granting their motion for leave to file the
following materials under seal in connection with their Motion for
Class Certification:
-- Exhibits A, B and C to the Declaration of James A. Bloom in
support of the Plaintiffs' reply suggestions in support of
their motion for class certification.
The materials that Plaintiffs seek to file under seal have been
designated Confidential by the Defendants, and Defendants have not
consented to the filing of these materials on the public record.
The Plaintiffs agree that these materials, which include details of
the Plaintiffs' personal financial information which, at this stage
of the case, should not be publicly available on the Court's
docket, are property designated as "Confidential."
On May 27, 2025, this Court entered the parties’ stipulated
Protective Order in this action.
Evergy is engaged in the generation, transmission, distribution,
and sale of electricity in the United States.
A copy of the Plaintiffs' motion dated Sept 29, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=nl14Zf at no extra
charge.[CC]
The Plaintiffs are represented by:
Paul M. Secunda, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (414) 828-2372
E-mail: psecunda@walcheskeluzi.com
- and -
James A. Bloom, Esq.
Todd M. Schneider, Esq.
SCHNEIDER WALLACE COTTRELL
KONECKY LLP
2000 Powell Street, Suite 1400
Emeryville, CA 94608
Telephone: (415) 421-7100
E-mail: jbloom@schneiderwallace.com
- and -
Michael F. Brady, Esq.
BRADY & ASSOCIATES
2118 W 120th St
Leawood, KS 66209
Telephone: (913) 696-0925
E-mail: brady@mbradylaw.com
- and -
Don Bivens, Esq.
DON BIVENS PLLC
15169 N. Scottsdale Road, Suite 205
Scottsdale, AZ 85254
Telephone: (602) 762-2661
E-mail: don@donbivens.com
teresita@donbivens.com
EXACT CARE: Filing for Class Cert Bid in Everett Suit Due Dec. 8
----------------------------------------------------------------
In the class action lawsuit captioned as BRENDA EVERETT,
individually and on behalf of all others similarly situated, v.
EXACT CARE PHARMACY, LLC, Case No. 4:23-cv-01649-KMN (M.D. Pa.),
the Hon. Judge Keli M. Neary entered an order granting the
Plaintiff's unopposed motion to modify case management order:
The Plaintiff shall file her motion for class certification on or
before Dec. 8, 2025.
The Defendant is a national medication management and pharmacy care
provider.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ctY17U at no extra
charge.[CC]
EXPERIAN INFORMATION: Class Cert Bid Filing Due April 9, 2026
-------------------------------------------------------------
In the class action lawsuit captioned as DARRYL DAVIS, et al., v.
EXPERIAN INFORMATION SOLUTIONS, INC., Case No. 4:25-cv-04819-HSG
(N.D. Cal.), the Hon. Judge Haywood S. Gilliam, Jr. entered an
order setting the following deadlines pursuant to Federal Rule of
Civil Procedure 16 and Civil Local Rule 16-10:
Event Deadline
Amendment of pleadings/joinder Nov. 17, 2025
Close of fact discovery Feb. 13, 2026
Deadline for the Plaintiff to file April 9, 2026
motion for class certification and
serve related expert reports
Deadline for Defendant to file May 15, 2026
opposition to motion for class
certification and serve related
expert reports:
Deadline for the Plaintiffs to file June 5, 2026
reply in support of motion for class
certification:
Close of expert discovery: June 5, 2026
Hearing on motion for class June 25, 2026,
certification: at 2:00 p.m.
Experian operates as an information services company.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=8whSCk at no extra
charge.[CC]
EYEMED VISION: $5-Mil. Suit Settlement Final OK Hearing Set Jan. 7
------------------------------------------------------------------
Top class Actions reports that EyeMed Vision Care LLC agreed to a
$5 million class action lawsuit settlement to resolve claims it
failed to prevent a 2020 data breach that compromised sensitive
consumer information.
The EyeMed settlement benefits consumers who received a notice from
EyeMed informing them that their personal data was compromised in a
data breach in June 2020.
During the EyeMed data breach, an unauthorized third party
allegedly gained access to sensitive consumer information, such as
names, contact details, dates of birth, health insurance account
and identification numbers, Medicaid or Medicare numbers, driver's
licenses and other government identification numbers. Plaintiffs in
the class action lawsuit claim EyeMed could have prevented the data
breach through reasonable cybersecurity measures.
EyeMed Vision Care is a vision benefits company that provides
services to more than 100 million members around the world.
EyeMed has not admitted any wrongdoing but agreed to pay $5 million
to resolve the class action lawsuit.
Under the terms of the EyeMed settlement, class members can receive
a cash payment for out-of-pocket expenses and lost time.
Class members can receive up to $10,000 for documented
out-of-pocket expenses related to the data breach. This includes
unreimbursed losses relating to fraud or identity theft,
professional fees, credit expenses, verified fraud, miscellaneous
expenses and more.
In addition to compensation for documented losses, class members
can also receive compensation for up to four hours of lost time at
a rate of $25 per hour, for a total of up to $100 in lost-time
compensation.
Class members can receive a residual cash payment from the
settlement. These payments are estimated to be around $50 but may
be adjusted higher or lower depending on the number of claims filed
and the amount used to pay documented loss claims.
The deadline for exclusion and objection is Nov. 11, 2025.
The final approval hearing for the EyeMed data breach settlement is
scheduled for Jan. 7, 2026.
To receive settlement benefits, class members must submit a valid
claim form by Dec. 11, 2025.
Who's Eligible
Individuals who received a data breach notice from EyeMed informing
them that their personal data may have been compromised in a June
2020 data breach.
Potential Award
Up to $10,150
Proof of Purchase
Documentation of unreimbursed losses, such as bank statements,
credit reports, invoices, receipts, etc.
Claim Form
NOTE: If you do not qualify for this settlement do NOT file a
claim.
Remember: you are submitting your claim under penalty of perjury.
You are also harming other eligible Class Members by submitting a
fraudulent claim. If you're unsure if you qualify, please read the
FAQ section of the Settlement Administrator's website to ensure you
meet all standards (Top Class Actions is not a Settlement
Administrator). If you don't qualify for this settlement, check out
our database of other open class action settlements you may be
eligible for.
Claim Form Deadline
12/11/2025
Case Name
Tate, et al. v. EyeMed Vision Care LLC, Case No.
1:21-cv-00036-DRC-SKB, in the U.S. District Court for the Southern
District of Ohio
Final Hearing
01/07/2026
Settlement Website
EyeMedDataSettlement.com
Claims Administrator
Tate v EyeMed Vision Care LLC
c/o Kroll Settlement Administration LLC
P.O. Box 225391
New York, NY 10150-5391
(833) 621-8389
Class Counsel
Bryan L. Bleichner
Christopher P. Renz
CHESTNUT CAMBRONNE P.A.
Brittany L. Brown
Lori G. Feldman
David J. George
GEORGE FELDMAN MCDONALD PLLC
Defense Counsel
Carrie Dettmer Slye
Paul G. Karlsgodt
Colby M. Everett
BAKER & HOSTETLER LLP [GN]
FACTS ON DEMAND: Court Extends Time to File Class Cert Bid
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In the class action lawsuit captioned as KATE MOORE, v. FACTS ON
DEMAND, INC., Case No. 1:24-cv-02191-MHC-CCB (N.D. Ga.), the Hon.
Judge Bly entered an order grating parties' motion to extend
deadlines in the case pending private mediation, which is scheduled
for Dec. 12, 2025.
The parties are directed to file a status report within 5 business
days of the mediation, informing the Court whether a settlement has
been reached.
If the mediation is unsuccessful, the Plaintiff's class
certification motion will be due on Feb. 2, 2026, and any motion
for summary judgment will be due no later than 30 days following
the Court's final ruling on the class certification motion.
The Defendant offers national background checks and employment
screening services to all industries.
A copy of the Court's order dated Sept 29, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2mFXyZ at no extra
charge.[CC]
FARMERS INSURANCE: Tongpalad Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Farmers Insurance
Company, Inc. The case is styled as Sarawudh Tongpalad, individual
and on behalf of all others similarly situated v. Farmers Insurance
Company, Inc., Case No. STK-CV-UBT-2025-0014265 (Cal. Super. Ct.,
San Joaquin Cty., Oct. 1, 2025).
The case type is stated as "Unlimited Civil Business Tort/ Unfair
Business Practice."
Farmers Insurance Group -- https://www.farmers.com/ -- is an
American insurer group of vehicles, homes and small businesses and
also provides other insurance and financial services products.[BN]
The Plaintiff is represented by:
James Treglio, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
FASTAFF LLC: Court Partly OK's Egan Class Cert Bid
--------------------------------------------------
In the class action lawsuit captioned as THERESA EGAN, BRIAN
BARKER, TAYLOR BERDOLL, SABRINA BUDDEN-WRIGHT, ALISON RIDEOUT,
BRITTANY SCALIA, and JENNIFER MASLOWSKY, individually and on behalf
of all others similarly situated, v. FASTAFF, LLC and U.S. NURSING
CORPORATION, Case No. 1:22-cv-03364-CYC (D. Colo.), the Hon. Judge
Chung entered an order granting in part the plaintiffs' motion for
class certification of State Law Overtime Claims.
The Court certifies the following classes:
The California Class:
"Any person who entered into an agreement with Fastaff to work
at a facility in California who (1) worked more than 40 hours
in a workweek or 8 hours in a work day, (2) who was paid a
stipend during that workweek or work day, and (3) whose
regular rate of pay did not include the value of that stipend
from three years (Cal. Lab. Code section 510 overtime claim)
or four years (derivative Unfair Competition Law claim) prior
to the filing of the Complaint through the date of the Court's
class certification order."
The New York Class:
"Any person who entered into an agreement with Fastaff to work
at a facility in New York who (1) worked more than 40 hours in
a workweek, (2) who was paid a stipend during that workweek,
and (3) whose regular rate of pay did not include the value of
that stipend from six years prior to the filing of the
Complaint through the date of the Court's class certification
order."
The New Jersey Class:
"Any person who entered into an agreement with Fastaff to work
at a facility in New Jersey who (1) worked more than 40 hours
in a workweek, (2) who was paid a stipend during that
workweek, and (3) whose regular rate of pay did not include
the value of that stipend from six years prior to the filing
of the Complaint through the date of the Court's class
certification order."
"Fastaff" in these classes is defined to mean Fastaff, LLC.
"Stipends" are the housing and meals and incidentals stipends
Fastaff offered.
Additionally, the Court appoints the Plaintiffs' counsel Alexander
T. Ricke and Stueve Siegel Hanson LLP as class counsel.
The plaintiffs' motion for Rule 23(b)(3) certification of
bait-and-switch classes is denied.
The Plaintiffs move to certify several classes to litigate unpaid
overtime claims and to certify several more to address fraud
claims. ECF Nos. 130–133. Because three of the four
unpaid-overtime classes they seek to certify meet the requirements
of Federal Rule of Civil Procedure 23, the Court grants that motion
in part. But because the plaintiffs have not shown that their fraud
claims are susceptible to class-wide adjudication on the issue of
reliance, the Court denies that motion.
Fastaff is a staffing agency specializing in the placement of
traveling nurses.
A copy of the Court's memorandum opinion and order dated Sept 30,
2025, is available from PacerMonitor.com at
https://urlcurt.com/u?l=ctSjGS at no extra charge.[CC]
FASTAFF LLC: Scheduling Conference in Egan Set for Nov. 6
---------------------------------------------------------
In the class action lawsuit captioned as Egan, et al., v. Fastaff,
LLC, et al., Case No. 1:22-cv-03364 (D. Colo., Filed Dec. 30,
2022), the Hon. Judge entered an order setting a Scheduling
Conference on Nov. 6, 2025.
Pursuant to the Second Scheduling Order, the parties are required
to file a proposed "scheduling order for additional merits
discovery, expert disclosures, and dispositive motions, if
necessary, no later than thirty days after a ruling on class
certification," which is October 30, 2025 .
Pursuant to the Court's January 23, 2025, Minute Order, the
proposed order shall include "the deadline for motions for summary
judgment".
The nature of suit states Fair Labor Standards Act (FLSA).
Fastaff is a staffing agency specializing in the placement of
traveling nurses.[CC]
FEDERAL SAVINGS: Sapan Loses Class Certification Bid
----------------------------------------------------
In the class action lawsuit captioned as Paul Sapan v. The Federal
Savings Bank, Case No. 8:23-cv-00075 (C.D. Cal. Filed Jan. 13,
2023), the Hon. Judge Cynthia Valenzuela entered an order denying
the Plaintiff's motion for class certification.
The suit alleges violation of the Telephone Consumer Protection Act
(TCPA).
The Defendant is a veteran owned bank.[CC]
FERRARI EXPRESS: Rivera Files Suit in Cal. Super. Ct.
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A class action lawsuit has been filed against Ferrari Express, Inc.
The case is styled as Timothy Rivera, on behalf of others similarly
situated v. Ferrari Express, Inc., Does 1 through 50, inclusive,
Case No. CGC25629910 (Cal. Super. Ct., Los Angeles Cty., Oct. 7,
2025).
The case type is stated as "Other Non-Exempt Complaints."
Ferrari Express, Inc. -- https://www.ferrarigroup.net/ -- provides
transportation services.[BN]
The Plaintiff is represented by:
Nicholas J. Ferraro, Esq.
FERRARO VEGA EMPLOYMENT LAWYERS, INC.
3333 Camino Del Rio South
Sui San Diego, CA 92108
Phone: 619-693-7727
Email: nick@ferrarovega.com
FIRST FINANCIAL: Filing for Class Cert Bid Due Jan. 29, 2026
------------------------------------------------------------
In the class action lawsuit captioned as Yvette Price, v. First
Financial Security, Inc., et al., Case No. 2:24-cv-10985-MCS-RAO
(C.D. Cal.), the Hon. Judge Mark Scarsi entered an Scheduling
Order:
Event Date
Non-expert discovery cut-off: April 20, 2026
Expert discovery cut-off: May 20, 2026
Deadline to file a motion for Jan. 29, 2026
class certification:
Deadline to file an opposition to Feb. 19, 2026
the motion for class certification:
Deadline to file a reply in support of March 12, 2026
the motion for class certification:
Hearing date on motion for class March 30, 2026,
certification: at 9:00 a.m.
First is a national insurance agency.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0iYkme at no extra
charge.[CC]
FIVE STAR BANK: Castro Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Five Star Bank, et
al. The case is styled as Irene Castro, and on behalf of other
members of the general public similarly situated v. Five Star Bank,
Five Star Bancorp, Does 1-10, Case No. 25CV023182 (Cal. Super. Ct.,
Sacramento Cty., Sept. 30, 2025).
The case type is stated as "Other Employment Complaint Case."
Five Star Bank -- https://www.five-starbank.com/ -- provides
consumer and commercial banking and lending services to
individuals, municipalities and businesses through banking
locations.[BN]
The Plaintiff is represented by:
Jonathan Lee, Esq.
GULDJIAN FASEL, APC
20250 SW Birch St.
Newport Beach, CA 92660-1722
Phone: 949-274-7930
Fax: 949-480-1699
Email: jlee@glawg.com
FLORIDA NATURAL: Kolkin Sues Over Orange Juice's Deceptive Labels
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MARTIN KOLKIN, individually and on behalf of all others similarly
situated, Plaintiff v. FLORIDA NATURAL GROWERS, INC., Defendant,
Case No. 2:25-cv-02908-JDP (E.D. Cal., October 8, 2025) is a class
action against the Defendant for violations of California's
Consumer Legal Remedies Act, California's False Advertising Law,
and California's Unfair Competition Act, breach of express
warranty, unjust enrichment, and fraud.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of Florida's
Natural Orange Juice products. According to the complaint, the
Defendant represents the products in the front label as Florida's
Natural is "Owned by Florida Farmers" next to an image of a United
States Flag. The Florida representations collectively represent
that the products are made exclusively of premium Florida orange
juice. However, unbeknownst to consumers, the products are actually
blended with orange juice from Mexico and Brazil and are not in
fact made exclusively from Florida oranges. Had the Plaintiff and
the Class known the truth, they would not have purchased the
products or would have paid less for them, says the suit.
Florida Natural Growers, Inc. is a producer of fruit juice
products, headquartered in Lake Wales, Florida. [BN]
The Plaintiff is represented by:
Yeremey O. Krivoshey, Esq.
Brittany S. Scott, Esq.
SMITH KRIVOSHEY, PC
28 Geary St., Suite 640 # 1507
San Francisco, CA 94108
Telephone: (415) 839-7077
Facsimile: (888) 410-0415
Email: yeremey@skclassactions.com
brittany@skclassactions.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street 5th Floor #1520
Boston, MA 02116
Telephone: (617) 377-4704
Facsimile: (888) 410-0415
Email: joel@skclassactions.com
FLORIDA: Donaldson Class Action Closed
--------------------------------------
In the class action lawsuit captioned as DECARLO KERRY DONALDSON,
v. FLORIDA DEPARTMENT OF REVENUE, et al., Case No.
1:25-cv-22521-JEM (S.D. Fla.), the Hon. Judge Martinez entered an
order dismissing without prejudice class action.
-- All pending motion in this case are denied as moot, and this
case is closed.
Florida is a state agency of Florida concerned with taxes.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Pg2dBA at no extra
charge.[CC]
FLOWERS BAKERIES: Austin Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Flowers Bakeries
Sales of SoCal, LLC. The case is styled as Tristan Austin, on
behalf of himself and others similarly situated v. Flowers Bakeries
Sales of SoCal, LLC, Case No. 25STCV28273 (Cal. Super. Ct., Los
Angeles Cty., Sept. 23, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Flowers Bakeries Sales of SoCal, LLC doing business as Flowers
Foods -- https://flowersfoods.com/ -- is the second-largest
producer and marketer of packaged bakery foods in the US.[BN]
The Plaintiff is represented by:
Joseph Lavi, Esq.
LAVI & EBRAHIMIAN, LLP
8889 W Olympic Blvd., Ste. 200
Beverly Hills, CA 90211-3638
Phone: 310-432-0000
Fax: 310-432-0001
Email: jlavi@lelawfirm.com
FOREST & EINSTEIN STAFFING: Holder Files Suit in C.D. California
----------------------------------------------------------------
A class action lawsuit has been filed against Forest & Einstein
Staffing, Inc. The case is styled as Craig Holder, on behalf of
himself and all others similarly situated v. Forest & Einstein
Staffing, Inc. d/b/a The Job Shop, Case No. 2:25-cv-09488 (C.D.
Cal., Oct. 6, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Forest & Einstein Staffing, Inc. doing business as The Job Shop is
a privately owned staffing and employment agency based in
Kentucky.[BN]
The Plaintiff is represented by:
John J. Nelson, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
280 S. Beverly Dr.
Beverly Hills, CA 92102
Phone: (858) 209-6941
Fax: (865) 522-0049
Email: jnelson@milberg.com
FREEDOMROADS LLC: Aguilar Suit Removed to E.D. Washington
---------------------------------------------------------
The case captioned as Tony Aguilar, individually and on behalf of
all others similarly situated v. FREEDOMROADS, LLC, a Minnesota
limited liability company, Case No. 25-2-50980-11 was removed from
the Superior Court of Washington for Franklin County, to the United
States District Court for Eastern District of Washington on Oct. 6,
2025, and assigned Case No. 4:25-cv-05132.
The Complaint purports to seek relief from Defendant related to
Washington law, specifically under Washington Administrative Code
("WAC"), Washington Labor Regulations, and the Revised Code of
Washington ("RCW"). The Complaint alleges: failure to provide rest
breaks; failure to provide meal breaks; failure to pay all overtime
wages; failure to pay all wages due; failure to accrue and allow
use of paid sick leave; unlawful deductions and rebates; failure to
pay all wages due at termination; and willful refusal to pay wages.
The Complaint seeks damages for alleged RCW and WAC violations and
attorney fees.[BN]
The Defendants are represented by:
Clarence M. Belnavis, Esq.
FISHER & PHILLIPS LLP
1700 Seventh Avenue, Suite 2200
Seattle, WA 98101
Phone: (206) 682-2308
Email: cbelnavis@fisherphillips.com
GENERAL MOTORS: Settles Class Action Over 'Shift to Park' Defect
----------------------------------------------------------------
Michael Powers, writing for SpeedMe, reports that General Motors
has settled a class action brought by vehicle owners in Ohio and
Tennessee over the "Shift to Park" issue. Because of a faulty gear
selector, cars did not always remain secured in Park, leaving
drivers unable to shut off the engine or lock the doors.
A court approved the agreement under which GM will compensate
owners and lessees of the affected models: the 2017–2019 GMC
Acadia, 2019 Chevrolet Blazer, 2016–2019 Chevrolet Malibu,
2018–2019 Chevrolet Traverse, and 2016–2019 Chevrolet Volt.
Ohio and Tennessee residents who sought warranty service can
receive up to $500, plus reimbursement of repair expenses up to
$375.
Payments will be divided among co-owners when a vehicle has more
than one. The two lead plaintiffs, Rilla Jefferson and Mark Riley,
will receive $10,000 each for representing the class. Attorneys for
the plaintiffs will be awarded more than $2 million.
GM did not admit fault but chose to avoid further litigation. The
company says most cases were already addressed through warranty
repairs and indicates it remains ready to work with owners.
The episode is a reminder that even industry heavyweights can
stumble over a small but widespread defect. In the long run,
preserving customer trust often costs more than any
multimillion-dollar payout -- and that balance tends to shape how
quickly automakers move to close the loop on problems like this.
[GN]
GIFTROCKET INC: Gracie Suit Seeks to Certify Classes
----------------------------------------------------
In the class action lawsuit captioned as GRACIE BAKED LLC, WECARE
RG, INC., and MILLERCOBB LLC, on behalf of themselves and all
others similarly situated, v. GIFTROCKET, INC., TREMENDOUS, INC.,
NICHOLAS BAUM, KAPIL KALE, JONATHAN PINES, BENJAMIN KUBIC, SUNRISE
BANKS, N.A., GIFTROCKET, LLC, TREMENDOUS LLC, and TREMENDOUS
PARENT, INC., Case No. 1:22-cv-04019-RPK-VMS (E.D.N.Y.), the
Plaintiffs ask the Court to enter an order:
1) Certifying the following classes:
a. The "Injunctive Class" under Rule 23(b)(2):
"All businesses or entities in the United States that were
listed on GiftRocket.com from July 8, 2016 through Jan. 1,
2025."
b. The "Disgorgement and Punitive Damages Class" under Rule
23(b)(3):
"All businesses or entities in the United States that were
identified in the suggested use feature for GiftRocket.com
products sold from July 8, 2016 through Jan. 1, 2025"; and
c. The "New York Class" under Rule 23(b)(3):
"All businesses or entities in New York that were listed
on GiftRocket.com from July 8, 2016 through Jan. 1, 2025";
2) Appointing the Plaintiffs Gracie Baked LLC and WeCare RG,
Inc. as Class Representatives for the Injunctive Class;
3) Appointing Plaintiff Millercobb LLC as Class Representative
for the Disgorgement and Punitive Damages Class;
4) Appointing Plaintiff Gracie Baked LLC as Class Representative
for the New York Class; and
5) Appointing Janove PLLC and Podhurst Orseck, P.A. as Class
Counsel.
A copy of the Plaintiffs' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wdka1H at no extra
charge.[CC]
The Plaintiffs are represented by:
Raphael Janove, Esq.
Liana Vitale, Esq.
JANOVE PLLC
500 7th Avenue, 8th Fl.
New York, NY 10018
Telephone: (646) 347-3940
E-mail: raphael@janove.law
liana@janove.law
- and -
Matthew Weinshall, Esq.
Dayron Silverio, Esq.
PODHURST ORSECK, P.A.
2525 Ponce de Leon Blvd., Ste. 500
Coral Gables, FL 33134
Telephone: (305) 358-2800
E-mail: mweinshall@podhurst.com
ds@podhurtst.com
GKN DRIVELINE: Mebane Appeals Class. Cert & Attorney Fees Orders
----------------------------------------------------------------
JAMES MEBANE, et al. are taking an appeal from court orders in the
lawsuit entitled James Mebane, et al., individually and on behalf
of all others similarly situated, Plaintiffs v. GKN Driveline North
American, Inc., Defendant, Case No. 1:18-cv-00892-CCE-LPA, in the
U.S. District Court for the Middle District of North Carolina.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendant for alleged violation of the Fair
Labor Standards Act.
On May 12, 2023, Judge Loretta C. Biggs granted the Defendant's
motion to decertify class.
On Dec. 17, 2024, the Plaintiffs filed a motion for attorney fees
and costs.
On Mar. 24, 2025, the Defendant filed a motion to strike the
Plaintiffs' untimely attorney declarations.
On Sept. 30, 2025, Judge Catherine C. Eagles denied the Plaintiffs'
motion for attorney fees and costs and granted in part the
Defendant's motion to strike. The Plaintiffs may file a renewed
motion for attorney fees and costs within ten business days if and
only if (1) the parties agree on a reasonable fee, or (2) the
Plaintiffs seek an amount less than the amount the Defendant has
agreed was reasonable, and the Plaintiffs support that request with
appropriate evidence.
The appellate case is entitled James Mebane v. GKN Driveline North
American, Inc., Case No. 25-2191, in the United States Court of
Appeals for the Fourth Circuit, filed on October 7, 2025. [BN]
Plaintiffs-Appellants JAMES MEBANE, et al., individually and on
behalf of all others similarly situated, are represented by:
Gilda Adriana Hernandez, Esq.
Briahna Branker Koegel, Esq.
Matthew S. Marlowe, Esq.
Hannah B. Simmons, Esq.
LAW OFFICES OF GILDA A. HERNANDEZ, PLLC
215 South Academy Street
Cary, NC 27511
Telephone: (919) 741-8693
Defendant-Appellee GKN DRIVELINE NORTH AMERICAN, INC. is
represented by:
Paul DeCamp, Esq.
EPSTEIN, BECKER & GREEN, PC
1227 25th Street, NW
Washington, DC 20037
Telephone: (202) 861-1819
- and -
Vanessa Nicole Garrido, Esq.
Kevin Scott Joyner, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART P.C.
8529 Six Forks Road
Raleigh, NC 27615
Telephone: (919) 787-9700
(919) 789-3175
- and -
Adriana Stefanie Kosovych, Esq.
Victoria Sloan Lin, Esq.
EPSTEIN, BECKER & GREEN, P.C.
875 3rd Avenue
New York, NY 10022
Telephone: (212) 351-4527
(212) 351-4844
GRAINCORP LTD: Settles Class Action Over Noise Emission in Numurkah
-------------------------------------------------------------------
Charmaine Manuel, writing for ABC Shepparton, reports that
GrainCorp has settled a class action launched by a man who lives
100 metres from the company's Numurkah factory.
Kevin Carling Green, 63, says noise and odour from the site
affected his health.
What's next?
The matter was set to go to trial but the parties have now settled
the matter in principle.
Australian agribusiness giant GrainCorp has settled a long-running
pollution legal case in northern Victoria on the day the case was
set to go to trial.
Kevin Carling Green, 63, has been in a four-year fight with
GrainCorp Oilseeds over noise and odour emissions at its Numurkah
canola oil processing factory.
Mr Green, his wife and daughter have lived in their home, 100
metres from the factory, for 27 years.
In launching his class action he alleged his family could not
sleep, had broken out in skin rashes, and that their property had
been devalued because of noise and odour emissions from the plant.
The case started as a civil matter between Mr Green and the company
but later turned into a class action involving other residents who
lived within 1 kilometre of the factory.
In documents filed to the court at previous hearings it was alleged
that the beeping sounds, hissing steam, and trucks entering and
exiting the factory were "especially noticeable during early
mornings, evenings and nights", affecting residents' sleep.
GrainCorp denied the allegations.
The case was set to go to trial in the Supreme Court of Victoria,
but was swiftly concluded when Justice Jacinta Forbes heard the
parties had arrived at a settlement.
The terms of the in-principle agreement will be subject to the
court's approval later this year.
Mr Green's lawyers were contacted for comment.
In a statement, a GrainCorp spokesperson said it had reached an
"in-principle settlement to resolve the class action".
"The proposed terms of the settlement are confidential, and the
settlement is subject to court approval," the spokesperson said.
"We are proud of the work of our employees at Numurkah and fully
support our people and the important role they play in supplying
high-quality canola products to customers in Australia and
overseas."
GrainCorp operates the largest grain storage and handling network
in eastern Australia with more than 150 regional receival sites.
Oilseeds are crushed at its Numurkah plant to create a range of
oils and canola meal used for animal feed. [GN]
HELP AT HOME: Clayborn Sues Over Failure to Pay Minimum Wage
------------------------------------------------------------
Jada Clayborn, as an individual and on the behalf of similarly
situated persons v. HELP AT HOME, LLC, Case No. 1:25-cv-12356 (N.D.
Ill., Oct. 9, 2025), is brought arising under the Fair Labor
Standards Act (the "FLSA") and the Illinois Wage Payment and
Collection Act ("IWPCA") for Defendant's failure to pay minimum
wage for all hours worked to Plaintiff and Defendant's retaliation
toward Plaintiff for participating in protected activity.
The Plaintiff worked five full days but was only paid for four,
leaving her paycheck short by approximately four hours. During the
course of Plaintiff's employment by Defendant, Plaintiff was not
exempt from the minimum wage provisions of the FLSA. Plaintiff was
directed by Defendant to work, and did work, and were not paid for
all hours worked. Pursuant to the FLSA, for all weeks during which
Plaintiff worked, she was entitled to be compensated at a rate of
100% of their regular rate of pay. The Defendant did not compensate
Plaintiff at a rate of 100% of their regular rate of pay for all
hours worked. The Defendants' failure and refusal to pay minimum
wage for all hours worked was a willful violation of the FLSA, says
the complaint.
The Plaintiff was employed by Defendant as a caregiver beginning
February 20225 until Plaintiff's termination in June 2025.
Help at Home, LLC, was a limited liability company doing business
in and for Cook County in the State of Illinois.[BN]
The Plaintiff is represented by:
Chad W. Eisenback, Esq.
SULAIMAN LAW GROUP LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone (331) 307-7632
Fax (630) 575-8188
Email: ceisenback@sulaimanlaw.com
HOTELS.COM LP: Echevarria Appeals Judgment Order to 11th Circuit
----------------------------------------------------------------
MARIO ECHEVARRIA is taking an appeal from court judgments in the
lawsuit entitled Mario Echevarria, individually and on behalf of
all others similarly situated, Plaintiff v. Hotels.com L.P., et
al., Defendants, Case No. 1:19-cv-22621-FAM, in the U.S. District
Court for the Southern District of Florida.
The suit is brought against the Defendants for alleged violation of
the Cuban Liberty and Democratic Solidarity Act of 1996.
On Sept. 9, 2025, Judge Federico A. Moreno entered judgments in
favor of the Defendants. The Court ruled that the Defendants did
cease bookings with the hotels located on the Plaintiff's inherited
property within the 30 days provided by the Act and thus complied
with the purpose of the law passed by Congress and signed by
President Bill Clinton. Therefore, the Court set aside the jury
verdicts and entered judgments in favor of the Defendants.
The appellate case is entitled Mario Echevarria v. Hotels.com L.P.,
et al., Case No. 25-13506, in the United States Court of Appeals
for the Eleventh Circuit, filed on October 7, 2025. [BN]
Plaintiff-Appellant MARIO ECHEVARRIA, individually and on behalf of
all others similarly situated, is represented by:
Allison Henry, Esq.
HEISE SUAREZ MELVILLE, PA
2990 Ponce De Leon Blvd., Ste. 300
Coral Gables, FL 33134
Telephone: (305) 800-4476
- and -
Robert J. Kuntz, Jr., Esq.
Ana C. Malave, Esq.
Jorge Alejandro Mestre, Esq.
Andres Rivero, Esq.
Alan H. Rolnick, Esq.
Sylmarie Trujillo, Esq.
RIVERO MESTRE, LLP
2525 Ponce De Leon Blvd., Ste. 1000
Miami, FL 33134
Telephone: (305) 445-2500
- and -
Manuel Vazquez, Esq.
MANUEL VAZQUEZ, PA
2332 Galiano St., Fl. 2
Coral Gables, FL 33134
Telephone: (305) 445-2344
Defendants-Appellees HOTELS.COM LP, et al. are represented by:
Santosh Aravind, Esq.
Stephen Burbank, Esq.
Rebecca Jahnke, Esq.
Stephanie Kover, Esq.
Cheryl J. LaFond, Esq.
David Shank, Esq.
Jane Marie Webre, Esq.
SCOTT DOUGLASS & MCCONNICO, LLP
303 Colorado St., Ste. 2400
Austin, TX 78701
Telephone: (512) 495-6361
(512) 495-6352
(512) 495-6356
(512) 495-6344
- and -
Genesis Martinez, Esq.
Lorayne Perez, Esq.
AKERMAN, LLP
98 SE 7th St., Ste. 1100
Miami, FL 33131
Telephone: (305) 982-5600
- and -
Naim S. Surgeon, Esq.
NEXTERA ENERGY RESOURCES
700 Universe Blvd., CTR-JB
Juno Beach, FL 33408
Telephone: (561) 281-2959
J.A. ALEXANDER: Parties Seek Initial OK of Class Action Settlement
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In the class action lawsuit captioned as CRISTIAN ROMERO MONTERO,
individually and on behalf of all other persons similarly situated
who were employed by J A ALEXANDER, INC WEST ESSEX CONSTRUCTION,
INC., MARIA REBIMBAS, individually, and JOSEPH DOMINICK REBIMBAS,
individually, v. J A ALEXANDER, INC., WEST ESSEX CONSTRUCTION,
INC., MARIA REBIMBAS, individually, and JOSEPH, Case No.
2:23-cv-21679-JRA (D.N.J.), the Parties, on Nov. 30, 2025, at 9:30
a.m., will move the Court for preliminary approval of the parties'
joint motion for class and collective action settlement.
The Defendant is a commercial contractor based in Bloomfield, NJ.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tlD7bI at no extra
charge.[CC]
The Plaintiff is represented by:
Andrew Glenn, Esq.
Jodi Jaffe, Esq.
JAFFE GLENN LAW GROUP, P.A.
300 Carnegie Center, Suite 150
Princeton, NJ Jersey 08540
Telephone: (201) 687-9977
Facsimile: (201) 595-0308
E-mail: aglenn@jaffeglenn.com
jjaffe@jaffeglenn.com
The Defendants are represented by:
Molly Hurley Kellett, Esq.
CONNELL FOLEY, LLP
56 Livingston Avenue
Roseland, NJ 07068
Telephone: (973)535-0500
E-mail: mkellett@connellfoley.com
JENNMAR CORP: Bid for Decertification of FLSA Class Tossed
----------------------------------------------------------
In the class action lawsuit captioned as CHARLIE STACY and CLIFFORD
ALLEN, individually and on behalf of all others similarly situated,
v. JENNMAR CORPORATION OF VIRGINIA, INC., et al., Case No.
1:21-cv-00015-JPJ-PMS (W.D. Va.), the Hon. Judge James Jones
entered an order as follows:
1. The motion for decertification of the FLSA Collective Class
and Rule 23 Class is denied;
2. The motion to exclude the testimony of Richard Goldberg is
denied;
3. The motion for sanctions is granted in part and denied in
part;
4. Motion for summary judgment is denied; and
5. Motion for partial summary judgment is granted in part and
denied in part.
The Court said that the plaintiffs have not successfully
demonstrated that all or a substantial portion of the time lost
under the rounding policy is actually compensable time, and that a
genuine issue of fact exists as to such. Accordingly, the cross
motion for summary judgment is denied as it relates to the rounding
policy.
The Defendant contends that the plaintiffs have proffered no
evidence to establish that the out-of-state defendants are
incorporated or headquartered in Virginia, or that they have had
sufficient contacts with the state, such as employing potential
opt-in members in Virginia. However, if the defendant entities
operated as a single enterprise, jurisdiction would be appropriate.
The Court will deny summary judgment as to the out-of-state
defendants.
The Plaintiffs allege that Jennmar failed to pay employees wages
and overtime in violation of federal and state law. Specifically,
the plaintiffs allege that fifteen-minute time rounding policy,
combined with mandatory safety and housekeeping pre-shift
work, results in hourly employees performing approximately twenty
minutes of unpaid compensable work per shift. Jennmar maintains
that they prohibit hourly employees from any off-the-clock work,
and that any off-the-clock work performed by the employees is
either de minimis or non-compensable.
Jennmar manufactures and assembles products for use in
agricultural, construction, energy, and mining industries, with
locations across the United States.
A copy of the Court's opinion and order dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=lIlljc
at no extra charge.[CC]
The Plaintiffs are represented by:
Robert W. T. Tucci, Esq.
ZIPIN, AMSTER & GREENBERG, LLC
8757 Georgia Ave #400
Silver Spring, MD 20910
Telephone: (301) 812-4744
The Defendants are represented by:
K. Maxwell Bernas, Esq.
Benjamin P. Fryer, Esq.
FORDHARRISON LLP
271 17th Street NW, Suite 1900
Atlanta, GA 30363
KBR INC: Bids for Lead Plaintiff Appointment Due November 18
------------------------------------------------------------
Kahn Swick & Foti, LLC ("KSF") and KSF partner, former Attorney
General of Louisiana, Charles C. Foti, Jr., remind investors that
they have until November 18, 2025 to file lead plaintiff
applications in a securities class action lawsuit against KBR, Inc.
(NYSE: KBR), if they purchased or otherwise acquired the Company's
securities between May 6, 2025 and June 19, 2025, inclusive (the
"Class Period"). This action is pending in the United States
District Court for the Southern District of Texas.
What You May Do
If you purchased securities of KBR and would like to discuss your
legal rights and how this case might affect you and your right to
recover for your economic loss, you may, without obligation or cost
to you, contact KSF Managing Partner Lewis Kahn toll-free at
1-877-515-1850 or via email (lewis.kahn@ksfcounsel.com), or visit
https://www.ksfcounsel.com/cases/nyse-kbr/ to learn more. If you
wish to serve as a lead plaintiff in this class action, you must
petition the Court by November 18, 2025.
About the Lawsuit
KBR and certain of its executives are charged with failing to
disclose material information during the Class Period, violating
federal securities laws.
On June 19, 2025, HomeSafe Alliance ("HomeSafe"), a KBR joint
venture in which KBR has a 72% economic interest, disclosed that it
received "a notice from the U.S. Department of Defense's
Transportation Command (TRANSCOM) terminating the Global Household
Goods Contract, which HomeSafe won in 2021 to transform the
military move system for the benefit of service members and their
families."
On this news, the price of KBR's shares fell $3.85 per share, or
7.29%, to close at $48.93 on June 20, 2025. On June 23, 2025, the
next trading day, KBR stock fell a further $1.30, or 2.65%, to
close at $47.63 on June 23, 2025.
The case is Norrman v. KBR, Inc., et al., No. 25-cv-04464.
About Kahn Swick & Foti, LLC
KSF, whose partners include former Louisiana Attorney General
Charles C. Foti, Jr., is one of the nation's premier boutique
securities litigation law firms. This past year, KSF was ranked by
SCAS among the top 10 firms nationally based upon total settlement
value. KSF serves a variety of clients, including public and
private institutional investors, and retail investors - in seeking
recoveries for investment losses emanating from corporate fraud or
malfeasance by publicly traded companies. KSF has offices in New
York, Delaware, California, Louisiana, Chicago, New Jersey, and a
representative office in Luxembourg.
TOP 10 Plaintiff Law Firms - According to ISS Securities Class
Action Services
To learn more about KSF, you may visit www.ksfcounsel.com.
Contact:
Lewis Kahn, Esq.
Kahn Swick & Foti, LLC
(877) 515-1850
1100 Poydras St., Suite 960
New Orleans, LA 70163
E-mail: lewis.kahn@ksfcounsel.com[GN]
KEVIN PEDERSEN: Pardo Sues Over Discriminative Property
-------------------------------------------------------
Nigel Frank De La Torre Pardo, individually and on behalf of all
other similarly situated v. KEVIN PEDERSEN, An Individual; MICHELE
PEDERSEN, an Individual; and KM PEDERSEN ENTERPRISES, INC. D/B/A
HOMESTEAD TIRE & AUTO CENTER, Case No. 1:25-cv-24659-RAR (S.D.
Fla., Oct. 9, 2025), is brought for injunctive relief, attorneys'
fees, litigation expenses, and costs pursuant to the Americans with
Disabilities Act ("ADA") as a result of the Defendant's
discrimination against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
Commercial Property and business located therein, as prohibited by
the ADA.
Although over 33 years have passed since the effective date of
Title III of the ADA, Defendant has yet to make their facilities
accessible to individuals with disabilities. Congress provided
commercial businesses one and a half years to implement the Act.
The effective date was January 26, 1992. In spite of this abundant
lead-time and the extensive publicity the ADA has received since
1990, Defendant has continued to discriminate against people who is
disabled in ways that block them from access and use of Defendant's
property and the businesses therein.
The Plaintiff found the Commercial Property and the businesses
named herein located within the Commercial Property to be rife with
ADA violations. The Plaintiff encountered architectural barriers at
the Commercial Property, and businesses named herein located within
the Commercial Property, and wishes to continue his patronage and
use of each of the premises.
The Plaintiff has encountered architectural barriers that are in
violation of the ADA at the subject Commercial Property and
businesses located within the Commercial Property. The barriers to
access at the Commercial Property, and businesses within, have each
denied or diminished Plaintiff's ability to visit the Commercial
Property and have endangered his safety in violation of the ADA.
The Plaintiff has a realistic, credible, existing and continuing
threat of discrimination from the Defendants' non-compliance with
the ADA with respect to the described commercial property and
restaurant, including but not necessarily limited to the
allegations of this Complaint. Plaintiff has reasonable grounds to
believe that he will continue to be subjected to discrimination at
the commercial property, in violation of the ADA. The Defendants
have discriminated against the individual Plaintiff by denying him
access to, and full and equal enjoyment of, the goods, services,
facilities, privileges, advantages and/or accommodations of the
commercial property, as prohibited by the ADA, says the complaint.
The Plaintiff uses a wheelchair to ambulate.
KM PEDERSEN ENTERPRISES, INC. D/B/A HOMESTEAD TIRE & AUTO CENTER,
owned and operated a commercial tire and auto shop located in
Homestead, Florida.[BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 w. Flagler Street, Suite 104
Miami, FL 33144
Phone: (786) 361-9909
Facsimile: (786) 687-0445
Email: ajp@ajperezlawgroup.com
Secondary Email: jr@ajperezlawgroup.com
KSR VENTURE: Blind Users Can't Access Website, Martinez Suit Says
-----------------------------------------------------------------
JUDITH ADELA FERNANDEZ MARTINEZ, individually and on behalf of all
others similarly situated, Plaintiff v. KSR VENTURE, LLC,
Defendant, Case No. 1:25-cv-08303 (S.D.N.Y., October 8, 2025) is a
class action against the Defendant for violations of Title III of
the Americans with Disabilities Act, New York State Human Rights
Law, New York City Human Rights Law, and New York State General
Business Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
https://oramethod.com/, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of their online
goods, content, and services offered to the public through the
website. The accessibility issues on the website include but not
limited to: lack of alternative text (alt-text) or a text
equivalent, empty links that contain no text, redundant links, and
linked images missing alt-text.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that its website will become and remain accessible to
blind and visually impaired individuals.
KSR Venture, LLC is a company that sells online goods and services
in New York. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
Dana L. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
LCT OPCO: Court OKs $450K Wage and Hour Settlement in "Paraham"
---------------------------------------------------------------
In the case captioned as Christopher Paraham v. LCT OpCo LLC, Civil
Action No. 24-3148 (E.D. Pa.), Judge Harvey Bartle, III of the
United States District Court for the Eastern District of
Pennsylvania granted final approval of a collective action
settlement under the Fair Labor Standards Act (29 U.S.C. Section
201, et seq.) and a class action settlement under the Pennsylvania
Minimum Wage Act (43 P.S. Section 333.101 et seq.) and the
Pennsylvania Wage Payment and Collection Law (43 P.S. Section 260.1
et seq.). The settlement provides a maximum payout of $450,000.
In July 2024, Plaintiff filed against La Colombe Holdings, Inc.,
and on November 6, 2024, he amended his complaint by substituting
LCT OpCo LLC as the Defendant. Defendant operates as La Colombe,
manufactures and sells coffee and related products, and owns and
operates coffee shops in California, Illinois, Massachusetts, New
York, Pennsylvania, Texas, and Washington, D.C. Plaintiff asserted
that Defendant violated federal and state laws by failing to pay
hourly workers for all hours worked, including unpaid pre-shift
activities and post-shift work, and by miscalculating the regular
rate of pay for overtime.
After the parties engaged in extensive investigation and analysis
of payroll and timekeeping records and exchanged preliminary
discovery, they participated in a successful mediation with Dina R.
Jansenson, Esq. The parties executed a settlement agreement on June
4, 2025 and moved for preliminary approval that same day. On June
9, 2025, the Court granted preliminary approval.
The settlement provides for compensation to two groups. The FLSA
collective consists of all persons employed by Defendant or its
predecessor, La Colombe Torrefaction Inc., as hourly-paid
production workers in Pennsylvania or Michigan at any time between
July 18, 2021, and October 13, 2024. The Rule 23 class encompasses
hourly production workers in Pennsylvania during the same period.
There are 850 FLSA collective members, of whom 260 individuals are
also members of the Rule 23 class.
Under the settlement agreement, members of the FLSA collective must
submit a valid and timely claim form to receive a payment. Members
of the Rule 23 state law class who have not opted out will receive
automatic payments. Payments to class and collective members are
allocated based on factors including the number of workweeks, pay
rate, additional compensation received, and location, and are
intended to reflect each member's potential recovery under the
claims asserted.
The settlement agreement provides for a maximum payment from
Defendant of $450,000, which includes distributions to collective
and class members as well as attorneys' fees ($150,000), litigation
costs ($6,000), settlement administration expenses ($19,000), and
the named Plaintiff's service award ($10,000). After subtracting
those costs, the amount available to collective and class members
is $265,000. This figure represents roughly 72% of collective and
class members' estimated unpaid wages. The net settlement amount
allocates 67.22% to the FLSA collective and 32.78% to the Rule 23
class. Unclaimed FLSA collective funds will revert to the
Defendant. Unredeemed class funds will be distributed to
Philabundance, a nonprofit organization selected by the parties as
the cy pres beneficiary.
Settlement administrator Madely Nava, a case manager of Apex Class
Action, LLC, estimated that its notice program reached
approximately 97.9% of collective and class members. As of
September 15, 2025, it received 244 claim forms from the FLSA
Collective Members (a claim rate of 28.7%). Apex Class Action has
not received any requests for exclusion or any objections. Of those
244 claimants, eighty-three are also members of the Rule 23 class.
Nava estimated Defendant stands to pay a total of $152,563.62 from
the settlement fund to participating collective and class members.
Specifically, the 244 participating collective members stand to
receive $65,703.64
and the 260 participating class members stand to receive
$86,859.98. Per-person payments average $179.49
The Court found that a bona fide dispute exists. The Court
determined that Plaintiff and the other 850 collective members are
similarly situated, as they were all hourly-paid production workers
employed in Defendant's Pennsylvania or Michigan production
facilities, all had similarly hourly pay structures and
circumstances of employment, and all advance claims that Defendant
miscalculated the regular rate of overtime pay.
The Court applied the nine-factor test outlined in Girsh v. Jepson,
521 F.2d 153, 157 (3d Cir. 1975), to assess the fairness and
reasonableness of the proposed settlement. The Court found that the
settlement is fair, reasonable, and adequate for both the class
components and the collective action components. The Court noted
that the settlement resolves a dispute that could otherwise linger
for years, was negotiated at arm's length with an experienced
mediator, and no one has objected to or disputed the settlement.
The Court found that the class satisfies the prerequisites set
forth in Rule 23(a), including numerosity, commonality, typicality,
and adequacy of representation. The Court determined that the class
may be certified under Rule 23(b)(3) for money damages, finding
that common issues of law or fact predominate over individualized
issues and that a class action is superior to other available
methods for fair and efficient adjudication of the controversy.
The Court confirmed the appointment of Brown, LLC as Class Counsel,
finding that the firm negotiated the settlement agreement with
years of experience with class actions under federal and state wage
laws and expended more than 203 hours investigating Plaintiff's
claims.
The Court approved attorneys' fees for lead counsel in the amount
of $150,000, representing 33.33% of the settlement fund. The Court
applied the seven Gunter factors from Gunter v. Ridgewood Energy
Corp., 223 F.3d 190, 195 n.1 (3d Cir. 2000), and found that an
attorneys' fee of 33% of the settlement is fair and reasonable,
noting that such an award is typical for lead counsel in similar
settlements in this district.
The Court approved reimbursement of litigation expenses totaling
$5,291.60 for counsel and $19,000 in settlement administration
costs. The Court found such expenses reasonable, noting that of the
more than 800 class members, only 18 were undeliverable after skip
tracing.
The Court approved a service award of $10,000 for named Plaintiff
Christopher Paraham, finding that he meaningfully advanced the
litigation by supplying counsel with information and documents that
facilitated their investigation, assisting in identifying and
explaining relevant timekeeping and pay practices, and helping
counsel evaluate Defendant's payroll data for purposes of the
damages analysis. The Court noted that while this award is on the
high end of service awards approved in this district, no class or
collective member has objected.
Accordingly, the Court certified the FLSA collective and the state
law class, found the terms of the settlement to be fair and
reasonable, and approved the settlement in its entirety.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=M5u6Yo from PacerMonitor.com
LIVEOPS INC: Barajas Sues Over Data Privacy Violations
------------------------------------------------------
MARIELA ALEXANDRA BARAJAS, individually and on behalf of all others
similarly situated, Plaintiff v. LIVEOPS, INC.; and DOES 1 through
25, inclusive, Defendants, Case No. 2:25-cv-09608 (C.D. Cal., Oct.
8, 2025) alleges violation of the California Trap and Trace Law.
According to the Plaintiff in the complaint, the Defendant used
data broker software on its website, https://liveops.com, to
secretly collect data about a Website visitor's computer, location,
and browsing habits. The data broker software then compiles this
data, and correlates it with extensive external records the data
broker already has about most Californians, for the purpose of
learning the identity of the Website visitor.
The Defendant's installation and use of data broker software
without obtaining consent is a violation of the California Trap and
Trace Law, says the suit.
LiveOps, Inc. provides staffing solutions. The Company offers
customer services, outbound, inbound, lead generation, interactive
voice response, and learning workforces. LiveOps serves retail,
healthcare, insurance, telecom, direct response, and travel and
hospitality industries in the United States. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, CA 90017
Telephone: (213) 927-9270
Email: rtauler@taulersmith.com
eshapiro@taulersmith.com
LOANDEPOT.COM LLC: Class Cert Bid Filing Modified to Dec. 16
------------------------------------------------------------
In the class action lawsuit captioned as ROBERT HUBBLE, on behalf
of himself and all others similarly situated, v. LOANDEPOT.COM,
LLC, Case No. 1:24-cv-11173-TLL-PTM (E.D. Mich.), the Hon. Judge
Thomas L. Ludington entered an order modifying case management and
scheduling order as follows:
Event Deadline
Expert disclosure, Defendant served by: Nov. 29, 2025
Class certification motion filed by: Dec. 16, 2025
Class certification motion response Feb. 27, 2026
filed by:
Class certification motion reply filed by: March 21, 2026
Discovery motions filed by: April 25, 2026
Discovery cutoff: May 29, 2026
Motions challenging experts filed by: July 27, 2026
LoanDepot is an Irvine, California-based nonbank holding company
which sells mortgage and non-mortgage lending products.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tHvPgZ at no extra
charge.[CC]
LOUISIANA: Appeals Class Cert. Order in Giroir Suit to 5th Circuit
------------------------------------------------------------------
JAMES M. LEBLANC, Secretary of the Department of Public Safety and
Corrections, et al., are taking an appeal from a court order
granting in part and denying in part the Plaintiff's motion to
certify class in the lawsuit entitled Joel Giroir, individually and
on behalf of all others similarly situated, Plaintiff, v. James M.
LeBlanc, Secretary of the Department of Public Safety and
Corrections, et al., Defendants, Case No. 3:21-cv-00108, in the
U.S. District Court for the Middle District of Louisiana.
The suit is brought against the Defendants for alleged violation of
Civil Rights Act.
On Sept. 10, 2021, the Plaintiff filed a motion to certify class.
On July 20, 2023, the Plaintiff filed a notice of supplemental
authority in support of his motion to certify class.
On Sept. 22, 2025, Judge John W. deGravelles entered an Order
granting in part and denying in part the Plaintiff's motion to
certify class. The motion is granted in that a class will be
certified as follows: All persons who have been remanded to the
custody of the Department of Public Safety and Corrections (DOC)
since April 16, 2019, and who were entitled to release at the time
of their remand (either pursuant to sentencing or parole
revocation), but who were released by the DOC more than 48 hours
past the date that they were remanded to the DOCs custody due to
the Defendants failure to implement and maintain an adequate
process for timely releasing inmates. The motion is denied in that
claims for emotional distress and mental anguish shall be severed.
The appellate case is entitled LeBlanc v. Giroir, Case No.
25-90027, in the United States Court of Appeals for the Fifth
Circuit, filed on October 7, 2025. [BN]
Plaintiff-Respondent JOEL GIROIR, individually and on behalf of all
others similarly situated, is represented by:
William Brock Most, Esq.
MOST & ASSOCIATES
201 Saint Charles Avenue
New Orleans, LA 70170
Telephone: (504) 509-5023
- and -
Samantha Bosalavage Pourciau, Esq.
PROMISE OF JUSTICE INITIATIVE
1024 Elysian Fields Avenue
New Orleans, LA 70117
Telephone: (845) 826-1883
Defendants-Petitioners JAMES M. LEBLANC, Secretary of the
Department of Public Safety and Corrections, et al., are
represented by:
Elizabeth Lauren Brown, Esq.
LOUISIANA DEPARTMENT OF JUSTICE
1885 N. 3rd Street
Baton Rouge, LA 70802
Telephone: (225) 406-1864
MAREX GROUP: Bids for Lead Plaintiff Appointment Due December 8
---------------------------------------------------------------
Bronstein, Gewirtz & Grossman, LLC, a nationally recognized law
firm, notifies investors that a class action lawsuit has been filed
against Marex Group plc ("Marex" or "the Company") (NASDAQ: MRX)
and certain of its officers.
Class Definition
This lawsuit seeks to recover damages against Defendants for
alleged violations of the federal securities laws on behalf of all
persons and entities that purchased or otherwise acquired Marex
securities between May 16, 2024 and August 5, 2025, both dates
inclusive (the "Class Period"). Such investors are encouraged to
join this case by visiting the firm's site: bgandg.com/MRX.
Case Details
The Complaint alleges that, throughout the Class Period, Defendants
made materially false and misleading statements and/or failed to
disclose that: (1) Marex sold over-the-counter financial products
to itself, creating undisclosed conflicts of interest; (2) The
Company's financial statements contained significant
inconsistencies between subsidiaries and related parties; (3) As a
result of these discrepancies, Marex's financial statements were
not reliable; (4) Based on these facts, the Company's public
statements regarding its business, operations, and financial
condition were false and materially misleading throughout the Class
Period; (5) When the market learned the truth about Marex,
investors suffered damages.
What's Next?
A class action lawsuit has already been filed. If you wish to
review a copy of the Complaint, you can visit the firm's site:
bgandg.com/MRX. or you may contact Peretz Bronstein, Esq. or his
Client Relations Manager, Nathan Miller, of Bronstein, Gewirtz &
Grossman, LLC at 332-239-2660. If you suffered a loss in Marex you
have until December 8, 2025, to request that the Court appoint you
as lead plaintiff. Your ability to share in any recovery doesn't
require that you serve as lead plaintiff.
There is No Cost to You
We represent investors in class actions on a contingency fee basis.
That means we will ask the court to reimburse us for out-of-pocket
expenses and attorneys' fees, usually a percentage of the total
recovery, only if we are successful.
Why Bronstein, Gewirtz & Grossman
Bronstein, Gewirtz & Grossman, LLC is a nationally recognized firm
that represents investors in securities fraud class actions and
shareholder derivative suits. Our firm has recovered hundreds of
millions of dollars for investors nationwide.
Attorney advertising. Prior results do not guarantee similar
outcomes.
Contact
Peretz Bronstein, Esq.
Nathan Miller, Esq.
Bronstein, Gewirtz & Grossman, LLC
(332) 239-2660
info@bgandg.com [GN]
METROPOLIS TECHNOLOGIES: Scares Drivers Into Paying Exorbitant Fees
-------------------------------------------------------------------
JAMES MAHER, individually and on behalf of similarly situated
individuals, Plaintiff v. METROPOLIS TECHNOLOGIES INC., a Delaware
corporation, Defendant, Case No. 2025LA001229 (Ill. Cir., 18th
Judicial, Dupage Cty., September 29, 2025) is a class action
against the Defendant for unlawfully obtaining and using personal
information of Plaintiff and other drivers from their driver motor
vehicle records in violation of the Driver's Privacy Protection
Act.
According to the complaint, the Defendant operates parking
facilities autonomously through the use of license plate reading
technology and cameras that allow Defendant to track vehicles when
they enter and exit Defendant's facilities. Rather than employing
parking lot attendants, the Defendant requires customers to pay for
parking through Defendant's web platform, which includes a mobile
application.
However, the Defendant utilizes the license plate numbers it scans
or records to obtain personal information from individuals' DMV
records, including their name and address. In order to collect
supposed outstanding payments, the Defendant then sends
individuals' notices designed to look like official citations to
addresses associated with the license plate number in the
individuals' DMV records, asserts the suit.
In the notices, the Defendant not only requests payment of the
"parking fare" purportedly owed, but also attempts to assess an
additional "notice fee" that is several multiples of the fare. The
Defendant threatens that if payment is not made in full within 30
days, the target of the notice may be subject to additional fees or
even to having their vehicle booted or towed. Thus, the Defendant
attempts to profit off the illegal use of individuals' personal
information obtained through their DMV records by scaring them into
paying exorbitant sums, the suit alleges.
Metropolis Technologies Inc. operates parking facilities across
Illinois and across DuPage County.[BN]
The Plaintiff is represented by:
Timothy P. Kingsbury, Esq.
KINGSBURY LAW LLC
8 S. Michigan Ave., Ste. 2600
Chicago, IL 60603
Telephone: (312) 291-1960
E-mail: tim@kingsburylawllc.com
- and -
Kasif Khowaja, Esq.
Paul A. Castiglione, Esq.
THE KHOWAJA LAW FIRM LLC
8 S. Michigan Ave., 26th Fl.
Chicago, IL 60603
Telephone: (312) 566-8070
E-mail: kasif@khowajalaw.com
pcastiglione@khowajalaw.com
MICROMOBILITY.COM INC: Barro Seeks to Certify Purchaser Class
-------------------------------------------------------------
In the class action lawsuit captioned as RYAN BARRON, ET AL., v.
MICROMOBILITY.COM, INC. (F/K/A HELBIZ INC.) ET AL., Case No.
1:20-cv-04703-PKC (S.D.N.Y.), the Plaintiffs ask the Court to enter
an order certifying a class action under Fed. R. Civ. P. 23(b) as
follows:
1. Certify a Class of purchasers of Helbiz Coin from Jan. 1,
2018 to Jan. 1, 2023 (the "Class")
2. Appoint the Named Plaintiffs as Class Representatives;
3. Appoint Loevy & Loevy as Class Counsel for the Class.
The Plaintiffs seek certification of claims pursuant 18 U.S.C. 1961
et seq. (RICO) against the Defendant micromobility.com Inc. and the
individual defendants.
The Plaintiffs also seek certification of their respondeat superior
claim against the Defendant Skrill USA Inc.
Micromobility.com provides dockless intra urban transportation
solutions.
A copy of the Plaintiffs' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=61Gta1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael Kanovitz, Esq.
Jon Loevy, Esq.
Julia Rickert, Esq.
Heather Lewis Donnell, Esq.
Anand Swaminathan, Esq.
Isaac Green, Esq.
Jacob Costello, Esq.
LOEVY & LOEVY
311 N. Aberdeen Street
Chicago, IL 60607
Telephone: (312) 243-5900
E-mail: www.loevy.com
MICROSOFT CORP: Faces Antitrust Class Lawsuit Over OpenAI Deal
--------------------------------------------------------------
Mike Scarcella of Reuters reports that Microsoft (MSFT.O), is
facing a new lawsuit from consumers who allege the technology giant
illegally inflated prices for generative artificial intelligence
through a secret agreement with ChatGPT maker OpenAI.
The proposed class action filed in San Francisco federal court
claims Microsoft used an exclusive cloud computing deal with OpenAI
to restrict the supply of computational resources needed to run
ChatGPT.
Microsoft has invested more than $13 billion in OpenAI to date.
The lawsuit said the deal Microsoft struck early in OpenAI's
development violated federal antitrust law by restraining market
competition and artificially driving up ChatGPT subscription
prices, while hurting product quality for millions of users of the
AI platform.
Although the alleged restraints on OpenAI have since eased, they
remain as "a sword of Damocles over OpenAI wielded by one of its
principal competitors,” the lawsuit said.
Microsoft in a statement said that while it was still reviewing the
lawsuit, "we believe that our OpenAI partnership promotes
competition, innovation, and responsible AI development."
OpenAI, which is not named as a defendant, declined to comment.
Attorneys for the 11 consumers who filed the lawsuit did not
immediately respond to a request for comment.
Microsoft in 2019 first announced it was investing $1 billion in
San Francisco-based OpenAI, saying it had forged a multi-year
partnership to develop AI supercomputing technologies on
Microsoft's Azure cloud computing service.
OpenAI, founded in 2015 as a nonprofit, has since moved to
restructure itself into a for-profit company.
The lawsuit said Microsoft exploited its agreement with OpenAI to
profit from its success while preparing its own rival products,
including the AI platform Copilot.
ChatGPT prices were substantially higher than competitors' during a
price war earlier this year, the lawsuit said.
The alleged restraint on OpenAI was partially lifted in June when
OpenAI began purchasing compute power from Google, according to the
lawsuit.
The plaintiffs seek damages for alleged overcharges dating back to
ChatGPT's launch in November 2022, as well as a court order to stop
Microsoft from reimposing the restrictions.
The case is Samuel Bryant et al v. Microsoft Corp, U.S. District
Court, Northern District of California, No. 3:25-cv-08733.
For plaintiffs: Yavar Bathaee and Brian Dunne of Bathaee Dunne
For defendant: No appearance yet [GN]
MINWAX : Frost Sues Over Blind-Inaccessible Website
---------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. The Sherwin-Williams Company d/b/a Minwax,
Case No. 0:25-cv-03887-ECT-LIB (D. Minn., Oct. 9, 2025), is brought
arising because the Defendant's Website (www.minwax.com) is not
fully and equally accessible to people who are blind or who have
low vision in violation of both the general non-discriminatory
mandate and the effective communication and auxiliary aids and
services requirements of the Americans with Disabilities Act (the
"ADA") and the Minnesota Human Rights Act ("MHRA").
As a consequence of Plaintiffs experience visiting Defendant's
Website, including in the past year, and from an investigation
performed on their behalf, Plaintiffs found Defendant's Website has
a number of digital barriers that deny screen-reader users like
Plaintiffs full and equal access to important Website
content--content Defendant makes available to its sighted Website
users.
Still, Plaintiffs would like to, intend to, and will attempt to
access Defendant's Website in the future to browse, research, or
shop online and purchase the products and services that Defendant
offers. Defendant's policies regarding the maintenance and
operation of its Website fail to ensure its Website is fully
accessible to, and independently usable by, individuals with
vision-related disabilities.
The Plaintiffs and the putative class have been, and in the absence
of injunctive relief will continue to be, injured, and
discriminated against by Defendant's failure to provide its online
Website content and services in a manner that is compatible with
screen reader technology, says the complaint.
The Plaintiffs are and have been legally blind and are therefore
disabled.
The Defendant offers wood finishing products for sale including,
but not limited to, wood preparation products, stains, protective
finishes, specialty finishes, hardwood floor products, wood
maintenance and repair products and more.[BN]
The Plaintiff is represented by:
Chad A. Throndset, Esq.
Patrick W. Michenfelder, Esq.
Jason Gustafson, Esq.
THRONDSET MICHENFELDER, LLC
80 South 8th Street, Suite 900
Minneapolis, MN 55402
Phone: (763) 515-6110
Email: chad@throndsetlaw.com
pat@throndsetlaw.com
jason@throndsetlaw.com
MOLINA HEALTHCARE: Bids for Lead Plaintiff Appointment Due Dec. 2
-----------------------------------------------------------------
Leading securities law firm Bleichmar Fonti & Auld LLP announces
that a lawsuit has been filed against Molina Healthcare, Inc.
(NYSE: MOH) and certain of the Company's senior executives for
potential violations of the federal securities laws.
If you invested in Molina, you are encouraged to obtain additional
information by visiting:
https://www.bfalaw.com/cases/molina-healthcare-inc-class-action.
Investors have until December 2, 2025, to ask the Court to be
appointed to lead the case. The complaint asserts claims under
Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 on
behalf of investors in Molina securities. The case is pending in
the U.S. District Court for the Central District of California and
is captioned: Hindlemann v. Molina Healthcare, Inc., et al., No.
25-cv-9461.
Why Was Molina Sued Under the Federal Securities Laws?
Molina is a health insurance company that provides managed
healthcare services to low-income individuals under Medicaid and
Medicare programs. During the relevant period, Molina stated that
the Company's "earnings growth profile" was "solid heading into
2025." The Company also told investors that it "continuously
monitor[ed] utilization patterns" and that it was able to "mitigate
the negative effects of healthcare cost inflation." In truth, as
alleged, Molina faced increased medical costs pressures that it
could not mitigate due to increased utilization in all three of its
business lines.
The Stock Declines as the Truth Is Revealed
On July 7, 2025, Molina revealed that its Q2 2025 adjusted earnings
were approximately $5.50 per share, which was "below its prior
expectations" due to "medical cost pressures in all three lines of
business." The Company announced it "expects these medical cost
pressures to continue into the second half of the year" and cut
guidance for expected adjusted earnings per share by 10.2% at the
midpoint to a "range of $21.50 to $22.50 per share."
Then, on July 23, 2025, Molina revealed that it "now expects its
full year 2025 adjusted earnings to be no less than $19.00 per
diluted share." Molina stated this was due to a "challenging
medical cost trend environment," including increased "utilization
of behavioral health, pharmacy, and inpatient and outpatient
services." On this news, the price of Molina stock fell $32.03 per
share, or 16.8%, from $190.25 per share on July 23, 2025, to
$158.22 per share on July 24, 2025.
Visit link for more information:
https://www.bfalaw.com/cases/molina-healthcare-inc-class-action.
What Can You Do?
If you invested in Molina you may have legal options and are
encouraged to submit your information to the firm.
All representation is on a contingency fee basis, there is no cost
to you. Shareholders are not responsible for any court costs or
expenses of litigation. The firm will seek court approval for any
potential fees and expenses.
Submit your information by visiting:
https://www.bfalaw.com/cases/molina-healthcare-inc-class-action
Or contact:
Ross Shikowitz
ross@bfalaw.com
(212) 789-3619
Why Bleichmar Fonti & Auld LLP?
BFA is a leading international law firm representing plaintiffs in
securities class actions and shareholder litigation. It has been
named a top plaintiff law firm by Chambers USA, The Legal 500, and
ISS SCAS, and its attorneys have been named "Elite Trial Lawyers"
by the National Law Journal, among the top "500 Leading Plaintiff
Financial Lawyers" by Lawdragon, "Titans of the Plaintiffs' Bar" by
Law360 and "SuperLawyers" by Thomson Reuters. Among its recent
notable successes, BFA recovered over $900 million in value from
Tesla, Inc.'s Board of Directors, as well as $420 million from Teva
Pharmaceutical Ind. Ltd.
For more information about BFA and its attorneys, please visit
https://www.bfalaw.com.
https://www.bfalaw.com/cases/molina-healthcare-inc-class-action
[GN]
NAHON SAHAROVICH: Attys Get $77K in "Garbarino" Data Breach Case
----------------------------------------------------------------
In the case captioned as Susan Garbarino, individually, and on
behalf of all others similarly situated, Plaintiff, v. Nahon,
Saharovich, & Trotz, PLC, Defendant, Case No. 4:23-cv-01326-JMB
(E.D. Mo.), United States Magistrate Judge John M. Bodenhausen of
the United States District Court for the Eastern District of
Missouri, Eastern Division, granted Plaintiff's Unopposed Motion
for Attorney's Fees, Costs, and Service Award and granted
Plaintiff's Motion for Final Approval of Class Action Settlement.
On October 20, 2023, Plaintiff filed this class action lawsuit
against Defendant, a personal injury law firm, alleging that it was
the subject of a cyber-attack that resulted in a data breach of
Plaintiff's and others' protected health information (PHI) and
personally identifiable information (PII). According to the
Complaint, the data breach occurred on June 28, 2023, but Plaintiff
and Class Members were not informed of the breach until September
12, 2023.
Defendant filed its answer to the Complaint on December 7, 2023,
and a Case Management Order was entered on January 23, 2024. The
parties engaged in two mediations, on March 27, 2024, and July 23,
2024. On August 2, 2024, they filed a Joint Notice of Settlement.
As indicated in Plaintiff's unopposed motion for preliminary
approval of the class action settlement, there are approximately
15,623 individual potential class members. The parties agreed to a
settlement fund amount of $232,500 to be divided on a pro rata
basis to class members after deducting attorney fees and costs,
administrative costs, an incentive award to Plaintiff, and
reimbursement to any class member for actual damages/losses
traceable to the data breach.
Thereafter, an Order granting preliminary approval of the class
action settlement was entered. In that Order, the Settlement Class
was defined as follows: All individuals within the United States of
America whose Personal Information was potentially exposed to
unauthorized third parties as a result of the Data Security
Incident. The Court approved Plaintiff as a class representative,
appointed class counsel, and appointed Epiq as the claims
administrator. The Court also approved the plan to notify the
settlement class of the pendency of the litigation, the terms of
the proposed settlement agreement, their rights under the proposed
agreement, including their right to object, and other matters
consistent with Federal Rule of Civil Procedure 23 and other
applicable laws. A final approval hearing was set for September 4,
2025.
At that final approval hearing, the parties appeared by counsel. No
class members appeared and no objections were made to the proposed
settlement agreement. Counsel represented that the notification
scheme was largely successful, that Epiq received 927 total claims,
and that no class member objected to the terms of the settlement
agreement. The parties also represented that no class member sought
reimbursement for damages/loss attributable to the data breach and
that the time for submitting a claim has passed.
The Court certified the following class under Federal Rule of Civil
Procedure 23(a) and (b) for settlement purposes only: All
individuals within the United States of America whose Personal
Information was potentially exposed to unauthorized third parties
as a result of the Data Security Incident. The Settlement Class
specifically excludes: Defendant and Defendant's parents,
subsidiaries, affiliates, officers, and directors and any entity in
which Defendant has a controlling interest, all individuals who
make a timely election to be excluded from this proceeding using
the correct protocol for opting out, any and all federal, state, or
local governments, including but not limited to its departments,
agencies, divisions, bureaus, boards, sections, groups, counsel,
and/or subdivisions, and all judges assigned to hear any aspect of
this litigation, as well as their immediate family members.
Federal Rule of Civil Procedure 23(e) provides that the claims,
issues, or defenses of a certified class may be settled,
voluntarily dismissed, or compromised only with the court's
approval. The court may approve a settlement if, taken as a whole,
it is fair, adequate and reasonable. The Court found that the
proposed Settlement Agreement is the result of extensive, arm's
length negotiations by competent counsel and that it is
substantively fair, reasonable, and adequate.
In evaluating fairness, the Court considered: (1) the merits of the
plaintiff's case weighed against the terms of the settlement; (2)
the defendant's financial condition; (3) the complexity and expense
of further litigation; and (4) the amount of opposition to the
settlement. The Court concluded that the settlement represents a
favorable result given the uncertainty of the trial, significant
risks of delays, and potential adverse outcomes given the nature of
the data breach. The settlement terms reflect the strength of
Plaintiff's claims while avoiding the need for a burdensome trial.
There is no question that Defendant is financially capable of
paying the settlement amount. Continued litigation would be both
costly and uncertain. Despite the size of the settlement class and
effective notice, no member has objected to the settlement.
The Court found that the class representative and class counsel
have adequately represented the class. Class counsel has
significant experience litigating data breach claims and has
negotiated a significant benefit for class members. That
negotiation was extensive and at arm's length, comprising of two
mediations and the exchange of significant documents. Accordingly,
the Court found the settlement is the result of informed,
arms-length negotiations, that it is fair and reasonable, and that
it represents a sound compromise between the uncertainties of
continued litigation and the substantial benefits of settlement.
Class Counsel sought an award of attorney fees in the amount of 33
percent ($77,492) of the total settlement fund ($232,500). In
addition, Class Counsel requested an award of litigation costs and
expenses in the amount of $3,429. Both the requested fees and
expenses were disclosed in the notice provided to all potential
Class Members.
The Court found that an award of 33 percent of the settlement fund
is consistent with fee awards approved within the Eighth Circuit.
This case has been ongoing since 2023 and has involved motion
practice, informal but extensive discovery, and two mediations. In
addition, Class Counsel has relevant experience in complex class
action litigation, including matters involving data privacy issues.
Class Counsel effectively negotiated a settlement on behalf of the
class and ensured an adequate notice process. The settlement
agreement drew no objections from Class Members.
The Court also conducted a lodestar cross-check on the attorney fee
award. The Court determined that the award corresponds to a
lodestar multiplier of 1.03, that hours expended and rates
submitted by Class Counsel are reasonable, and that the multiplier
is consistent with those approved in comparable cases. With respect
to litigation costs, Class Counsel has submitted an itemized list
of expenses for filing and service, mediation, and copies and
supplies, totaling $3,429. The Court found these expenses were
reasonably and necessarily incurred during the litigation and are
therefore recoverable.
Class counsel also sought a service award of $2,500 for the named
Plaintiff in recognition of Plaintiff's efforts in this case. The
Court found the requested award reasonable and accordingly approved
a service award of $2,500 to the class representative.
Accordingly, the Court ordered that the Settlement Agreement
submitted by the parties for the Settlement Class is approved
pursuant to Rule 23(e) of the Federal Rules of Civil Procedure as
fair, reasonable and adequate and in the best interests of the
Settlement Class. The Court awarded $77,492 as reasonable
Attorneys' Fees and reimbursement for litigation fees in the amount
of $3,429, to be paid by Defendant from the settlement fund.
Furthermore, Settlement Administrator Epiq Class Action & Claims
Solutions, Inc., is awarded $58,000, to be paid by Defendant.
Representative Plaintiff is awarded the sum of $2,500 to be paid by
Defendant from the settlement fund, in consideration for the
service she has performed for, and on behalf, of the Settlement
Class.
A copy of the Court's settlement is available at
https://urlcurt.com/u?l=490zdy from PacerMonitor.com
NATIONAL GRID: Rosen Law Investigates Potential Securities Claims
-----------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, continues
to investigate potential securities claims on behalf of
shareholders of National Grid plc (NYSE: NGG) resulting from
allegations that National Grid plc may have issued materially
misleading business information to the investing public.
So What: If you purchased National Grid securities you may be
entitled to compensation without payment of any out of pocket fees
or costs through a contingency fee arrangement. The Rosen Law Firm
is preparing a class action seeking recovery of investor losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=41344 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On July 2, 2025, Reuters published an article
entitled "'Preventable' National Grid failures led to Heathrow
fire, findings say." The article stated that a "fire that shut
London's Heathrow airport in March, stranding thousands of people,
was caused by the UK power grid's failure to maintain an
electricity substation, an official report, prompting the energy
watchdog to open a probe." Further, the article stated that the
United Kingdom's Energy minister, Ed Miliband, had "called the
report "deeply concerning", after it concluded that the issue which
caused the fire was identified seven years ago but went unaddressed
by power grid operator National Grid[.]"
On this news, National Grid American Depositary Shares' ("ADSs")
fell 5%, on July 2, 2024.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
NEW HAMPSHIRE: Clark Suit Seeks Class Certification
---------------------------------------------------
In the class action lawsuit captioned as ROBERT CLARK, individually
and on behalf of himself and all others similarly situated, v. JOHN
M. FORMELLA, in his official capacity only as Attorney General of
the State of New Hampshire, Case No. 1:25-cv-00379-PB-AJ (D.N.H.),
the Plaintiff asks the Court to enter an order:
-- Granting his Motion for class certification and appointment of
class counsel; and
-- Appointing Attorneys Gilles Bissonnette and Henry Klementowicz
from the ACLU of New Hampshire as Class Counsel.
This Motion seeks certification with respect to Count I (Fourteenth
Amendment Due Process/Vagueness) and Count II (Fourth Amendment) of
the following class:
"All persons against whom Defendant—including all of the
Defendant's officers, troopers, agents, servants, employees,
attorneys, and other persons in active concert or
participation with the Defendant, including but not limited to
every New Hampshire County Attorney, municipal prosecutor,
police prosecutor, or peace officer—is enforcing, or will
enforce, RSA 644:6."
The lawsuit is a facial challenge to New Hampshire's "Loitering or
Prowling" statute. Through this statute, the State
unconstitutionally makes illegal innocent human behaviors that pose
no threat to people or society.
The proposed class satisfies the numerosity requirements of Fed. R.
Civ. P. 23(a)(1) because the proposed class is so numerous that
joinder of all members is impracticable.
The class meets the commonality requirements of Fed. R. Civ. P.
23(a)(2).
The proposed class meets the typicality requirements of Fed. R.
Civ. P. 23(a)(3) because the claims of the proposed class
representative are typical of the claims of the class.
The adequacy requirements of Fed. R. Civ. P. 23(a)(4) also are met.
The proposed class representative seeks the same relief as the
other members of the class—among other things, a declaratory
judgment that RSA 644:6 is facially unconstitutional and an
injunction against enforcement of this statute.
The proposed class also satisfies Fed. R. Civ. P. 23(b)(2).
A copy of the Plaintiff's motion dated Oct. 1, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IxNXAb at no extra
charge.[CC]
The Plaintiff is represented by:
Gilles R. Bissonnette, Esq.
Henry R. Klementowicz, Esq.
AMERICAN CIVIL LIBERTIES UNION OF NEW
HAMPSHIRE
Concord, NH 03301
Telephone: (603) 224.5591
E-mail: gilles@aclu-nh.org
henry@aclu-nh.org
NEW YORK TIMES: Hoffman Suit Removed to D. New Jersey
-----------------------------------------------------
The case styled as Harold M. Hoffman, individually and on behalf of
those similarly situated v. The New York Times Company, Case No.
BER L 005816 25 was removed from the Superior Court of New Jersey,
Bergen County, to the U.S. District Court for the District of New
Jersey on Sept. 29, 2025.
The District Court Clerk assigned Case No. 2:25-cv-16103 to the
proceeding.
The nature of suit is stated as Other Fraud.
The New York Times Company -- https://www.nytco.com/ -- is an
American mass media corporation that publishes The New York Times
and its associated publications.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
Laura Ellen Sedlak, Esq.
David L. Cook, Esq.
SILLS CUMMIS & GROSS P.C.
One Riverfront Plaza
Newark, NJ 07102
Phone: (973) 643-4286
Email: lsedlak@sillscummis.com
dcook@sillscummis.com
NEW YORK, NY: Partially Wins Bid for Summary Judgment
-----------------------------------------------------
In the class action lawsuit captioned as Local 3621, EMS Officers
Union, DC-37, AFSCME, AFL-CIO et al., v. City of New York et al
Case No. 1:18-cv-04476-LJL-JW (S.D.N.Y.), the Hon. Judge Lewis
Liman entered an order granting in part and denying in part the
Defendants' motion for summary judgment.
Specifically, the Defendants' motion with respect to the
Plaintiffs' disparate impact claims is denied without prejudice.
The motion is granted with respect to the Plaintiffs' disparate
treatment and equal protection claims. The Plaintiffs' cross-motion
to exclude the testimony of Dr. Erath is denied.
Because Defendants have been prejudiced, the Court finds that
Plaintiffs’ equal protection arguments have been neither
expressly nor impliedly raised under Rule 15(b)(2). Those claims
are accordingly dismissed
To the extent Plaintiffs argue that the reports and testimony go to
issues relating to summary judgment, the Court has already
explained that there is no apparent conflict between the
propositions offered by Plaintiffs’ and Defendants’ experts.
Even if there were, that has not resulted in summary judgment for
Defendants. The Plaintiffs’ motion is denied without prejudice.
The case concerns certain promotional policies, practices, and
procedures within the Emergency Medical Services Bureau of the New
York City Fire Department.
The Plaintiffs bring claims under Title VII of the Civil Rights Act
of 1964, the New York State Human Rights Law, and the New York City
Human Rights Law.
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean.
A copy of the Court's opinion and order dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=VMj2k3
at no extra charge.[CC]
NEWELL BRANDS INC: Corbett Files Suit in E.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Newell Brands Inc.
The case is styled as Monica Corbett, individually and on behalf of
all others similarly situated v. Newell Brands Inc. d/b/a Sunbeam
Products, Inc., Case No. 1:25-cv-05616 (E.D.N.Y., Oct. 7, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
Newell Brands Inc. -- https://www.newellbrands.com/ -- is an
American manufacturer, marketer and distributor of consumer and
commercial products.[BN]
The Plaintiff appears pro se.
NINTENDO OF AMERICA: J.A. Suit Transferred to N.D. California
-------------------------------------------------------------
The case styled as J.A., a minor, represented by his mother Andrea
Deams, individually and on behalf of others similarly situated v.
Nintendo of America, Inc., Case No. 2:25-mc-00048-TL was
transferred from the U.S. District Court for the Western District
of Washington, to the U.S. District Court for the Northern District
of California on Sept. 29, 2025.
The District Court Clerk assigned Case No. 3:25-mc-80300-AGT to the
proceeding.
Nintendo of America, Inc. -- https://www.nintendo.com/us/ -- is a
Japanese multinational video game company.[BN]
The Plaintiff is represented by:
Julie C. Erickson, Esq.
Kevin M. Osborne, Esq.
ERICKSON KRAMER OSBORNE LLP
959 Natoma St.
San Francisco, CA 94103
Phone: (415) 635-0631
Fax: (415) 599-8088
Email: julie@eko.law
kevin@eko.law
- and -
Kim D. Stephens, Esq.
TOUSLEY, BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Phone: (206) 682-5600
Fax: (206) 682-2992
Email: kstephens@tousley.com
The Defendant is represented by:
Tyler Reese Bowen, Esq.
PERKINS COIE LLP
2525 E. Camelback Road, Suite 500
Phoenix, AZ 85016
Phone: (602) 351-8448
Fax: (602) 648-7007
Email: tbowen@perkinscoie.com
- and -
Shylah Renee Alfonso, Esq.
PERKINS COIE (SEA)
1301 Second Ave., Ste. 4200
Seattle, WA 98101-3804
Phone: (206) 359-3980
Email: salfonso@perkinscoie.com
NISSAN NORTH AMERICA: Dunbar Sues Over Defective Class Vehicles
---------------------------------------------------------------
John H. Dunbar, Joyce Mills, Natalie Parker, Paul Menton, Paul
Daubel, Anthony Hickerson, Pamela Winterburn, and Claire Ransom,
individually and on behalf of all others similarly situated v.
NISSAN NORTH AMERICA, INC., Case No. 3:25-cv-01121 (M.D. Tenn.,
Oct. 1, 2025), is brought against the Defendant for unjust
enrichment and fraudulent concealment as a result of the
Defendant's Nissans in all model years from 2015 to the present
(collectively, the "Class Vehicles") Which contained defects.
The Class Vehicles all suffer from a paint defect that causes the
Class Vehicles' white paint to fail, peel, delaminate (that is, the
paint layers separate due to adhesion issues), bubble, and flake
(the "Paint Defect"). The Paint Defect stems from a defect in the
paint itself; a defect in the paint when applied to the Class
Vehicles' exterior; and/or a defect in Nissan's manufacturing
process, including the complexities in the method of applying the
white paint to give the Class Vehicles their pearlescent or
metallic finish.
Nissan was aware of the Paint Defect based on internal testing,
substantially similar paint problems with other Nissan vehicle
models, and countless consumer complaints. Despite that knowledge
and duty, Nissan has repeatedly failed to disclose, and even
actively concealed, the Paint Defect from Class members and the
public, and continued to market the Class Vehicles as luxurious,
stylish, high-quality, high value, and value-retaining vehicles
which, because of the Paint Defect, they are not. although it knew
about the Paint Defect in its white vehicles, Nissan refused to
repair them, refused to repaint them, and failed to provide an
adequate remedy to the Class. Nissan has refused, and continues to
refuse, to provide repairs or any other meaningful remedy to those
who have suffered economic harm because of the Paint Defect.
As a direct and proximate result of Nissan's deceit regarding, and
failure to disclose, the Paint Defect, Plaintiffs and Class
members: overpaid for the Class Vehicles because the Paint Defect
significantly diminishes the value of the Class Vehicles; now own
Class Vehicles that suffer premature unsightly paint failures; must
expend significant money to have their Class Vehicles
(inadequately) repaired and repainted; and now own vehicles that
are impaired and are worth less than they would be if they did not
have the Paint Defect, says the complaint.
The Plaintiffs are owners and lessees who purchased or leased the
Class Vehicles.
Nissan has been responsible for designing, manufacturing,
distributing, marketing, selling, and servicing Nissan vehicles in
the United States, including the Class Vehicles.[BN]
The Plaintiff is represented by:
Joe P. Leniski, Jr., Esq.
Benjamin A. Gastel, Esq.
HERZFELD, SUETHOLZ, GASTEL, LENISKI AND WALL PLLC
1920 Adelicia Street, Suite 300
Nashville, TN 37212
Phone: (615) 800-6225
Email: joey@hsglawgroup.com
ben@hsglawgroup.com
- and -
Stephen J. Fearon, Jr., Esq.
SQUITIERI & FEARON, LLP
205 Hudson Street, 7th Floor
New York, NY 10013
Phone: (212) 421-6492
Facsimile: (212) 421-6553
Email: stephen@sfclasslaw.com
NORDSTROM INC: Ayala Suit Removed to C.D. California
----------------------------------------------------
The case captioned as Mark Ayala, individually, and on behalf of
members of the general public and the putative class members
similarly situated v. NORDSTROM INC., a Washington State
corporation; and DOES 1 through 50, inclusive, Case No.
30-2025-01497014-CU-OE-CXC was removed from the Superior Court of
the State of California, County of Orange, to the United States
District Court for Central District of California on Sept. 2, 2025,
and assigned Case No. 8:25-cv-02035-DOC-JDE.
The Plaintiff's Complaint contains ten causes of action for unpaid
overtime, unpaid meal period premiums, unpaid rest period premiums,
unpaid minimum wages, failure to timely pay wages at termination,
failure to timely pay wages during employment, non-compliant wage
statements, failure to keep requisite payroll records, unreimbursed
business expenses and violation of Business & Professions
Code.[BN]
The Defendants are represented by:
Julie A. Dunne, Esq.
DLA PIPER LLP (US)
4365 Executive Drive, Suite 1100
San Diego, CA 92121-2133
Phone: (858) 677-1400
Fax: (858) 677-1401
Email: julie.dunne@us.dlapiper.com
- and -
Stephen L. Taeusch, Esq.
DLA PIPER LLP (US)
3203 Hanover St., Suite 100
Palo Alto, CA 94304-1123
Phone: (650) 833-2000
Fax: (650) 833-2001
Email: stephen.taeusch@us.dlapiper.com
- and -
Andrea O. Bergam, Esq.
DLA PIPER LLP (US)
303 Colorado Street, Suite 300
Austin, TX 78701
Phone: (512) 457-7000
Fax: (512) 457-7000
Email: andrea.bergam@us.dlapiper.com
NORIGAMI INC: Doncouse Sues Over Discrimination on Premises
-----------------------------------------------------------
Graciela Doncouse, and other similarly situated disabled
individuals v. NORIGAMI INC., and DUE MILLA REALTY GROUP LLC, Case
No. 1:25-cv-08275 (S.D.N.Y., Oct. 6, 2025), is brought seeking
equitable, injunctive, and declaratory relief; monetary and nominal
damages; along with attorney's fees, costs, and expenses pursuant
to: Title III of the Americans with Disabilities Act ("ADA"); the
New York City Human Rights Law ("NYCHRL"); and the New York State
Human Rights Law ("NYSHRL") due to the Defendants' discrimination
on their Premises.
The Defendants' Premises is a commercial space as defined by the
NYSHRL, and NYCHRL because, inter alia, a portion of the building
and structure thereof used or intended to be used as a business,
office, and commerce. On May 17, 2025, and on other occasions.
Plaintiff attempted to enter Defendants' Premises, which operates
as a uniquely designed art Inspired Japanese omakase restaurant
that offers a sketchbook style ambiance unlike anywhere lese.
Defendants' Premises is less than 1.7 from Plaintiffs home, where
she hangs out and socializes with friends, making the restaurant a
convenient and familiar destination for her.
Because the existing barriers prevent access and restrict the paths
of travel, such as 2 steps at the entrance, Plaintiff was unable to
enter Defendants' Premises. Because the existing barriers prevent
access and restrict the paths of travel, such as 2 steps at the
entrance, Plaintiff was denied full and equal access to, and full
and equal enjoyment of, the commercial space and public
accommodations within Defendants' Premises.
The Defendants denying Plaintiff the opportunity to participate in
and benefit from the services or accommodations offered within
Defendants' Premises because of his disability has caused Plaintiff
to suffer an injury in fact. The Plaintiff intends on immediately
returning to Defendants' Premises once the barriers to access are
removed and Defendants' Premises are ADA compliant.
The Defendants' failure to comply with the ADA, NYSHRL, NYCHRL, et
seq. impedes upon the rights of Plaintiff, and other similarly
situated disabled individuals, to travel free of discrimination and
independently access Defendants' Premises, says the complaint.
The Plaintiff is a paraplegic who uses a wheelchair for mobility.
Norigami owns, leases, operates, maintains, and controls all, or
the relevant portions, of Defendants Premises.[BN]
The Plaintiff is represented by:
Bradly G. Marks, Esq.
THE MARKS LAW FIRM, PC
155 E 55th Street, Suite 4H
New York, NY 1002
Phone:(646) 770-3775
Fax: (646) 867-2639
Email: brad@markslawpc.com
NORTH MEMORIAL: Partially Wins Discovery Bid in "Kaliher" Suit
--------------------------------------------------------------
In the case captioned as Heidi Kaliher and Tracey Knight,
individually, and on behalf of those similarly situated,
Plaintiffs, v. North Memorial Health Care, d/b/a North Memorial
Health, Defendant, Case No. 23-cv-440 (KMM/DLM) (D. Minn.),
Magistrate Judge Douglas L. Micko of the United States District
Court for the District of Minnesota granted in part and denied in
part the Defendant's motion to compel production of documents and
responses to interrogatories.
This is a case about privacy rights and internet tracking.
Plaintiffs Gregg Lurie, Heidi Kaliher, and Tracy Knight filed suit
against Defendant North Memorial Health Care for violations of
state and federal law stemming from North's alleged harvesting and
sharing of the Plaintiffs' sensitive medical information with third
parties. Plaintiffs are current and former patients at North, and
each interacted with North's websites for purposes of researching
health information, medical conditions, and treatments. Each
Plaintiff claims to have subsequently received targeted
advertisements related to these searches and interactions.
Plaintiffs allege that North secretly tracked their online activity
on North's websites—both its general webpage and its
password-protected patient portal—through an embedded software
developed by Meta Platform, Inc., known as a pixel. The tracking
data was then, allegedly, collated by Meta to create targeted
advertising deployed on Plaintiffs' social media accounts.
Plaintiffs filed their original complaint in February of 2023.
Defendant North moved to dismiss Plaintiffs' claims in full. That
motion was granted as to two counts and denied as to five others.
Plaintiffs then filed their Second Amended Complaint setting out
their remaining claims: Violations of the Electronic Communications
Privacy Act; Violations of the Minnesota Wiretap Act; Violations of
Minnesota Uniform Deceptive Trade Practices Act; Violations of
Minnesota Health Records Act; and Unjust Enrichment. This matter is
now in discovery, with North's motion focused on areas where
Plaintiffs have failed to fully respond to North's discovery
requests.
Federal Rule of Civil Procedure 26 entitles parties to liberal
discovery of any nonprivileged matter that is relevant to any
party's claim or defense and proportional to the needs of the case.
Courts construe the scope of Rule 26(b)(1) broadly, but the scope
of discovery includes only what is relevant to the actual claims or
defenses that are at issue. It is the party that seeks discovery
who must make a threshold showing that the information sought is
relevant to the claims or defenses in the case. If that occurs,
then the party resisting production bears the burden of
establishing lack of relevancy or undue burden.
Beyond being relevant, Rule 26 requires that information sought in
discovery also be proportional to the needs of the case. Factors
important to a court's proportionality analysis include the
importance of the issues at stake in the action, the amount in
controversy, the parties' relative access to relevant information,
the parties' resources, the importance of the discovery in
resolving the issues, and whether the burden or expense of the
proposed discovery outweighs its likely benefit. A court may find
that a request on its face is not proportional to the needs of the
case, given the relevance of the requested discovery.
Naturally, a party cannot be compelled to produce documents not in
its possession. A party's assertion that it has fully produced
discoverable materials must be accepted at face value by the
Court.
An issue common to each dispute is the scope of North's requests.
North represents that Plaintiffs appear to suggest that their
personal information could only have been collected and disclosed
because of their use of North's websites. From North's perspective,
all of Plaintiffs' interactions with the internet are relevant to
its defenses because those interactions provide alternative
explanation for how Plaintiffs' sensitive information reached the
internet. Moreover, says North, this liberal framing is appropriate
to assess Plaintiffs' standing to bring suit under the traceability
doctrine. North also contends that each Plaintiffs' unlimited and
individual interactions with the internet go to the issue of class
certification under the commonality inquiry.
For their part, Plaintiffs contend that 1) North's Motion is moot;
2) that North seeks irrelevant information; and 3) that North did
not comply with Local Rule 7.1 such that the Motion is not ripe for
adjudication. Plaintiffs have, of their own initiative, narrowed
Defendant's original requests to what they deem relevant, and then
responded according to those narrowed requests. A party cannot
unilaterally narrow their adversary's discovery requests and then
assert mootness by responding only to the narrowed request.
Looking solely to the requests as written, the Court largely agrees
that Defendant seeks a trove of irrelevant information. Through
many document requests and interrogatories, Defendant seeks
information on all internet activity, devices, applications, and
accounts for Plaintiffs and non-parties alike without limitation,
including the personal contact details for non-parties who may have
interacted with said accounts and devices. In doing so, North
attempts to unearth a heap of irrelevant information that is not
proportional to the needs of this case. However, for many such
requests, North's Proposed Order—filed contemporaneously with its
Memorandum—offers a tailored version of its overbroad requests.
At the hearing, North confirmed that it was seeking relief
consistent with its Proposed Order, rather than based on its
discovery requests as originally written.
The Court granted North's motion with respect to Interrogatory No.
3. The heart of Plaintiffs' allegations involve North's misuse of
Plaintiffs' health data. As such, North is entitled to explore what
other sources may be collecting such information. Plaintiffs are
ordered to supplement their responses to Interrogatory No. 3 to
include email accounts, devices, and media used for health-care
related matters.
The Court granted North's motion with respect to Interrogatory No.
10 and Request for Production No. 15. North narrows its initial
requests and asks the Court to compel the production of emails the
Plaintiffs sent or received relating to their health status, North
Memorial, or any other health care-related issues.
The Court granted North's motion with respect to Interrogatory No.
6 and Request for Production No. 10. Plaintiffs' social media usage
and records are highly relevant to their claims, and to the
defenses available to North. North is entitled to defend against
liability by exploring whether Plaintiffs' private health
information was actually tracked through sources other than North.
The Court denied Defendant's motion to compel further response for
Interrogatory Nos. 13-16. In Interrogatory No. 13, North requests
that Plaintiffs identify by name, address, and telephone number all
persons who live in Plaintiffs' household who use a device that
connects to the internet. The Court agrees that there may be some
marginal relevance to this interrogatory, but that relevance is far
outweighed by the breadth of the request and the burden of
responding. Seeking the names, addresses, and telephone numbers of
Plaintiffs' nonparty household members and their various iPhones,
laptops, tablets seems mostly like fishing.
The Court granted North's motion with respect to Interrogatory No.
17. Plaintiffs must identify any application downloaded that was
used for health-care related matters. This includes not only
health-based applications but also applications used as a vehicle
for any health-related matter. Beyond this, general information on
each and every application, unrelated to Plaintiffs' health and
medical activity, represents too broad and burdensome a request.
The Court granted North's motion with respect to Request for
Production Nos. 11-12. Full browsing and search history is a
footprint of intimate and comprehensive data about a person, most
of which would be irrelevant to North.
However, North's Proposed Order seeks narrowed relief. It confirmed
that it is seeking Plaintiffs' internet search and browsing history
relating to their physical or mental health status, status as a
patient at North, or any other health-care related issues.
Plaintiffs' internet activity related to their health bears
directly on several issues in this case, and the narrowed requests
seek that information.
The Court denied North's motion with respect to Request for
Production No. 13. As written, this request is uniquely ambiguous.
While North has attempted to modify this request via its Proposed
Order, the Court does not accept those revisions. It is overbroad
as written, and North has offered no cogent narrowed formulation.
Accordingly, the Court ordered that Defendant's Motion to Compel
Discovery is granted in part. To the extent that additional
production of discovery is ordered, the parties must produce it
within twenty-one days of this Order. The parties shall each bear
their own costs and fees related to this motion.
A copy of the Court's settlement is available at
https://urlcurt.com/u?l=TlMdW2 from PacerMonitor.com
NORTHERN STAR: Bybee Sues to Recover Unpaid Wages
-------------------------------------------------
Casey Bybee, individually and for others similarly situated v.
NORTHERN STAR (POGO) LLC, (D. Alaska, Oct. 1, 2025), is brought to
recover unpaid wages and other damages in violation the Fair Labor
Standards Act ("FLSA") and the Alaska Wage and Hour Act ("AWHA").
The Plaintiff and the other Hourly Employees regularly work more
than 8 hours a day and 40 hours a week. But the Defendant does not
pay the Plaintiff and the other Hourly Employees for all their
hours worked, including overtime hours. Rather, the Defendant
requires the Plaintiff and the other Hourly Employees to prepare
and put on protective clothing and safety gear fundamentally
necessary to perform their jobs, "off the clock," while on the
Defendant's premises.
Additionally, the Defendant does not pay the Plaintiff and the
other Hourly Employees at least 1.5 times their regular rates of
pay--based on all remuneration--for the hours they work in excess
of 8 a day and 40 a week. Instead, the Defendant pays the Plaintiff
and the other Hourly Employees non-discretionary bonuses, including
safety and quality bonuses, stock bonuses, and performance bonuses,
that the Defendant fails to include in their regular rates of pay
for overtime purposes (the Defendant's "bonus pay scheme"), says
the complaint.
The Plaintiff was employed by the Defendant as a Bull Gang Miner
Tech 3 from May 2024 to March 2025.
Northern Star bills itself as a "global-scale gold producer with
three production centres, operating in world class locations of
Western Australia and Alaska."[BN]
The Plaintiff is represented by:
Jack Garyth Poulson, Esq.
POULSON LAW LLC
636 Harris Street
Juneau, AK 99801
Phone: (907) 586-6529
Email: jack@poulson.law
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Phone: (713) 877-8788
Email: rburch@brucknerburch.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Phone: (713) 352-1100
Fax: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
OPPENHEIMER HOLDINGS: Court Narrows Claims in LCG Class Suit
------------------------------------------------------------
In the class action lawsuit captioned as Liberty Capital Group,
individually and on behalf of all others similarly situated, v.
Oppenheimer Holdings Inc. et al., Case No. 1:25-cv-04822-JSR
(S.D.N.Y.), the Hon. Judge Rakoff entered an order granting in part
and denying in part the Defendants' motion to dismiss the putative
class action complaint.
The Court dismisses defendants Oppenheimer Holdings Inc, and
Oppenheimer Asset Management Inc. from the litigation. The Court
also dismisses Liberty's Fourth cause of action, for negligence,
and Liberty's seventh cause of action, for unjust enrichment. The
Court grants Liberty leave to amend the CAC with respect to the two
dismissed causes of action. The Court otherwise denies defendants'
motion to dismiss.
The Court will hold a hearing on class certification at 2:00 p.m.
on Nov. 21, 2025.
The parties are directed to jointly call chambers to discuss a
briefing schedule on class certification., All other deadlines
remain unchanged.
The Clerk of Court is directed to terminate the motion at docket
number 30.
Oppenheimer is an American multinational independent investment
bank and financial services company.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=oSG0Um at no extra
charge.[CC]
ORLANDO HEALTH: Plaintiff Files Bid for Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as W.W., et al., individually
and on behalf of all others similarly situated, v. Orlando Health,
Inc., Case No. 6:24-cv-01068-JSS-RMN (M.D. Fla.), the Plaintiffs
ask the Court to enter an order certifying the proposed Classes,
appointing the Plaintiff as class representative, and appointing
Joseph Lyon and Clint Watson of the Lyon Firm, W.B. Markovits and
Dylan Gould of Markovits, Stock & DeMarco, and Mariya Weeks of
Milberg Coleman Bryson Phillips Grossman as class counsel.
The proposed classes that the Plaintiff seeks to certify are:
Nationwide class
"All natural persons residing in the United States who used
the Defendant's Website to complete an Appointment Request
Form from April 26, 2018, to March 7, 2023."
Florida class
"All natural persons residing in the State of Florida who used
the Defendant's Website to complete an Appointment Request
Form from April 26, 2018, to March 7, 2023."
The Plaintiffs propose that the following be excluded from the
classes: the Defendant's officers and directors (including the
officers and directors of its parents, subsidiaries, successors, or
assigns); and any Judge who adjudicates this case, including their
staff and immediate family.
The Plaintiff filed her Complaint on June 10, 2024. The Complaint
brought claims on behalf of Plaintiff and the Class Members for
violations of the Florida Security of Communications Act;
violations of the Electronic Communications Privacy Act ("ECPA");
breach of confidence; invasion of privacy; unjust enrichment; and
breach of implied contract.
Orlando Health is one of Florida's largest healthcare
organizations, operating as a HIPAA-covered entity with legal
obligations to protect the health information of individuals
seeking medical care.
A copy of the Plaintiffs' motion dated Oct. 1, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Ee7yjR at no extra
charge.[CC]
The Plaintiffs are represented by:
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
333 SE 2nd Avenue, Suite 2000
Miami, FL, 33131
Telephone: (866) 252-0878
E-mail: mweekes@milberg.com
- and -
Joseph M. Lyon, Esq.
Clint Watson, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
cwatson@thelyonfirm.com
- and -
W.B. Markovits, Esq.
Dylan J. Gould, Esq.
MARKOVITS, STOCK & DEMARCO, LLC
119 E. Court St., Ste. 530
Cincinnati, OH 4502
Telephone: (513) 651-3700
Facsimile: (513) 665-0219
E-mail: bmarkovits@msdlegal.com
dgould@msdlegal.com
ORLANDO HEALTH: W.W. Seeks Leave to File Declaration Under Seal
---------------------------------------------------------------
In the class action lawsuit captioned as W.W., on behalf of herself
and all others similarly situated, v. Orlando Health, Inc., Case
No. 6:24-cv-01068-JSS-RMN (M.D. Fla.), the Plaintiff asks the Court
to enter an order granting motion and sealing the Plaintiff's
unredacted declaration in support of class certification for the
duration of the litigation or until another time the Court deems
appropriate.
The Plaintiff wishes to safeguard her protected health information
from further disclosure, which is the subject of this litigation.
The Complaint was filed under the Plaintiff's initials on June 10,
2024, as opposed to her full legal name, in order the achieve this.
Up until now, proceeding under her initials has been a sufficient
means of safeguarding her protected health information. However,
the Plaintiff's declaration in support of her motion for class
certification contains additional identifiers, including her full
name, email address, IP Address, and signature.
Orlando is a private, not-for-profit network of community and
specialty hospitals based in Orlando, Florida.
A copy of the Plaintiff's motion dated Oct. 1, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=IMjANS at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph M. Lyon, Esq.
THE LYON FIRM
2754 Erie Ave.
Cincinnati, OH 45208
Telephone: (513) 381-2333
Facsimile: (513) 766-9011
E-mail: jlyon@thelyonfirm.com
- and -
Mariya Weekes, Esq.
MILBERG COLEMAN BRYSON PHILLIPS
GROSSMAN, PLLC
201 Sevilla Avenue, 2nd Floor
Coral Gables, FL 33134
Telephone: (954) 647-1866
E-mail: mweekes@milberg.com
OUTCOMES ONE: Parties Must Confer Class Cert Deadlines
------------------------------------------------------
In the class action lawsuit captioned as Anderson v. Outcomes One,
Inc., Case No. 6:25-cv-01883 (M.D. Fla., Filed Sept. 30, 2025), the
Hon. Judge Paul G. Byron entered an order directing 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 Diversity-Contract Dispute.
Outcomes provides pharmacy technology solutions.[CC]
PANERA BREAD: Cohan Sues Over Discriminative Property
-----------------------------------------------------
Howard Cohan, and others similarly situated v. PANERA BREAD, LLC,
d/b/a PANERA BREAD, Case No. 1:25-cv-12383 (S.D. Fla., Oct. 9,
2025), is brought for declaratory and injunctive relief, attorneys'
fees, expenses and costs (including, but not limited to, court
costs and expert fees) pursuant to the Americans with Disabilities
Act ("ADA") as a result of discriminative property.
The Defendant has discriminated, and continues to discriminate
against Plaintiff and others who are similarly situated by denying
access to and full and equal enjoyment of goods, services,
facilities, privileges, advantages and/or accommodations located at
the Premises, as prohibited by the ADA, and by failing to remove
architectural barriers pursuant to the ADA.
The Plaintiff is continuously aware of the violations at
Defendant's Premises and is aware that it would be a futile gesture
to return to the Premises as long as those violations exist, and
Plaintiff is not willing to suffer additional discrimination. The
Plaintiff has suffered, and will continue to suffer, direct and
indirect injury as a result of Defendant's discrimination until
Defendant is compelled to comply with the requirements of the ADA,
says the complaint.
The Plaintiff has visited the Premises and has been denied full and
safe equal access to the facilities, and therefore suffered an
injury in fact.
The Defendant is authorized to conduct, and is in fact conducting,
business within the state of Illinois.[BN]
The Plaintiff is represented by:
Robert M. Kaplan, Esq.
LAW OFFICES OF ROBERT M. KAPLAN, P.C.
1901 N. Roselle Road, Ste. 800
Schaumburg, IL 60195
Phone: (847) 895-9151
Fax: (847) 895-7320
Email: rmkap@robertkaplanlaw.com
PARTY CITY: $3.9MM Class Settlement Gets Final Court Approval
-------------------------------------------------------------
Judge Alfredo R. Perez of the United States Bankruptcy Court for
the Southern District of Texas granted Party City Holdco Inc.'s
motion for final approval of a class action settlement agreement.
Under the deal, each of the 394 members of the Settling Class shall
receive an Allowed Priority Claim as defined in the Debtors'
bankruptcy-exit plan of $10,100 per Settling Class Member for a
total Allowed Settling Class Claim amount of $3,979,400.
The Settlement Agreement is made and entered into on Aug. 22, 2025,
by and among:
-- Party City Holdco Inc. and its affiliated debtors in the
bankruptcy proceeding styled Party City Holdco Inc., et
al., Case No. 24-90621 (ARP) in the Bankruptcy Court for
the Southern District of Texas;
-- Gwendolyn Hanlon, as class representative on behalf of
the certified class in the Hanlon Adversary;
-- 58 Plaintiffs in the Smith Adversary and Digirolamo Case
who opted out of the Class;
-- the Individual Defendants; and
-- Chubb Insurance Company of New Jersey, which issued
ForeFront Portfolio Policy No. J06714006 to Party City
Holdings Inc.
On Dec. 22, 2024, the Class Representative filed her Complaint on
behalf of the Class, initiating Adversary Proceeding No. 24-03273.
On Dec. 31, 2024, a number of plaintiffs then represented by
Harrison Harrison & Associates ("HHA") filed a Complaint initiating
Adversary Proceeding No. 24-03277 (the "Smith Adversary").
On Feb. 7, 2025, a number of plaintiffs then represented by HHA
also filed a Complaint initiating Case No. 2:25-cv-01099 (D.N.J.)
against the Individual Defendants, with an Amended Complaint filed
on June 25, 2025 (the "Digirolamo Case").
On Feb. 26, 2025, the Debtors filed their Complaint initiating
Adversary Proceeding No. 25-03062.
Certain Debtors provided notice to the Insurer under the Policy on
behalf of all Insureds under the Policy in connection with the
Hanlon Adversary, the Smith Adversary, and the Digirolamo Case, and
the Insurer agreed to provide coverage for certain covered Loss
under the Policy, subject to a full reservation of rights, while
denying coverage for other loss.
On July 8, 2025, the Court granted class certification in the
Hanlon Adversary appointing Gwendolyn Hanlon as Class
Representative, appointing Raisner Roupinian LLP as Class Counsel,
defining the Class, and approving the class notice and opt-out
procedures.
The Court defined the "Class" as: "Plaintiff [Hanlon] and all
similarly situated former employees (i) who worked at, reported to
or received assignments from Defendants' [Debtors'] facility at 100
Tice Blvd., Woodcliff Lake, New Jersey, (ii) who were terminated
without cause on or about December 20, 2024 or within 30 days of
that date, or as the reasonably foreseeable consequence of the mass
layoffs and/or plant closings ordered by Defendants on or about
December 20, 2024, (iii) who are affected employees within the
meaning of 29 U.S.C. Sec. 2101(a)(5) and N.J.S.A. 34:21-1, et seq.,
and (iv) who have not filed a timely request to opt-out of the
class."
On July 21, 2025, the Court entered a Stipulation and Agreed Order
Regarding WARN Litigation whereby the Parties agreed to participate
in good faith in a global mediation of the Hanlon Adversary, the
Smith Adversary, the Digirolamo Case, and the Debtors' Adversary
with The Honorable Stacey G. C. Jernigan.
On June 30, 2025, the Debtors filed the Joint Chapter 11 Plan of
Liquidation of Party City Holdco Inc. and Its Debtor Affiliates and
a related disclosure statement.
On June 30, 2025, the Court entered an order: (a) conditionally
approving the Disclosure Statement as containing "adequate
information" pursuant to section 1125 of the Bankruptcy Code, (b)
authorizing the Debtors to solicit votes on the Plan, (c) approving
the solicitation materials and documents to be included in the
solicitation packages, (d) approving procedures for soliciting,
receiving, and tabulating votes on the Plan and for filing
objections to the Plan.
The Plan provides, among other things, that (a) Holders of Priority
Claims (Class 1), Prepetition 2L Notes Claims (Class 3), and
General Unsecured Claims (Class 4) are entitled to vote on the
Plan; and (b) that holders of administrative and priority claims
will receive their pro rata share (over a period of years) of
distributable proceeds per the Administrative/Priority Waterfall
Treatment under the Plan as follows:
First, $5 million distributed pro rata among allowed
administrative and priority claims,
Second, $9.8 million distributed among the following claims:
a. 50% distributed pro rata among allowed administrative and
priority claims and
b. 50% distributed pro rata among Prepetition 2L Notes
Claims; and
Third, any remaining distributable proceeds shall be
distributed pro rata among Prepetition 2L Notes Claims.
The Parties participated in a successful mediation in good faith on
Aug. 19, 2025, and entered into a Mediated Binding Settlement Term
Sheet.
Motion for Final Approval
The Court has determined that the relief sought in the Motion is in
the best interests of the Debtors' estates, their creditors, the
Class Representative, the Class Members, the HHA Plaintiffs, the
Individual Defendants, and any other parties in interest.
The Settlement is approved on a final basis and in all respects as
being (i) fair, reasonable, and adequate to the Class Members and
other affected employees of the Debtors and (ii) fair, equitable,
and in the best interests of the Debtors' estates, for the
following reasons:
a. If the Settlement is not approved, the WARN Adversary
Proceedings will likely be unjustifiably and unnecessarily
complicated, protracted, and expensive for the Debtors'
estates, regardless of whether the Class Representative,
the Class, the HHA Plaintiffs or the Debtors and
Individual Defendants prevail;
b. The Class Representative supports the Settlement, and the
terms of the Settlement are fair, reasonable, and adequate
to Class Members and are fair, equitable, and in the best
interests of the Debtors' estates as compared to all other
plausible alternatives;
c. The Settlement was reached after a thorough investigation,
litigation, and mediation by the Parties;
d. The Settlement is well within the range of reasonableness
given the uncertainty of the Class Representative's
ability to establish liability and to recover against the
Debtors and Individual Defendants;
e. The Settlement Agreement was negotiated at arm's-length
by experienced counsel and in good faith; and
f. The Settlement is fair, equitable, and in the best
interests of the Parties.
Class Counsel is awarded its fees of 1/3 of the Class Distribution
Payment, net of (1) the Class Representative Service Payments of
$15,000, and (2) Class Counsel's Expenses, including the cost of
the Fund Administrator, all of which shall be paid exclusively from
the Class Distribution Payment in accordance with the terms of the
Settlement Agreement.
A copy of the Court's Order dated October 17, 2025, is available at
http://urlcurt.com/u?l=Dfon7zfrom PacerMonitor.com.
About Party City Holdco
Party City Holdco Inc. (NYSE: PRTY) is the global leader in the
celebrations' industry, with its offerings spanning more than 70
countries around the world. It is also the largest designer,
manufacturer, distributor, and retailer of party goods in North
America. Party City Holdco had 761 company-owned stores as of
September 2022. It is headquartered in Woodcliff Lake, N.J. with
additional locations throughout the Americas and Asia.
Party City Holdco and its domestic subsidiaries sought protection
under Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D. Texas
Lead Case No. 23-90005). As of Sept. 30, 2022, Party City Holdco
had total assets of $2,869,248,000 against total debt of
$3,022,960,000.
Judge David R. Jones oversees the cases.
The Debtors tapped Paul, Weiss, Rifkind, Wharton & Garrison, LLP,
as legal counsel; Moelis & Company, LLC as investment banker;
AlixPartners, LLP as financial advisor; A&G Realty Partners as real
estate advisor; and Kroll as the claims agent.
PricewaterhouseCoopers LLP (PwC) provides accounting and valuation
advisory services, tax-related services, and internal audit
Sarbanes-Oxley Act support services.
Davis Polk & Wardwell, LLP and Lazard serve as legal counsel and
investment banker, respectively, to the ad hoc group of first lien
holders.
The U.S. Trustee for Region 6 appointed an official committee to
represent unsecured creditors in the Chapter 11 cases. The
committee is represented by Pachulski Stang Ziehl & Jones, LLP.
PEAK MANAGEMENT: Thompson Suit Removed to D. Maryland
-----------------------------------------------------
The case captioned as Christina Thompson, for herself and on behalf
of all others similarly situated v. PEAK MANAGEMENT, LLC, Case No.
C-03-CV-25-004345 was removed from the Superior Court of the
Circuit Court of Maryland for Baltimore County, to the United
States District Court for District of Maryland on Oct. 9, 2025, and
assigned Case No. 1:25-cv-03347-BAH.
The Complaint alleges that Defendant, as a property management
company for apartment complexes in Maryland, engaged in collection
activities on behalf of the apartment complexes without a
collection agency license under the Maryland Collection Agency
Licensing Act. Based on these allegations, Plaintiff asserts claims
against Defendant for: declaratory, injunctive, and ancillary
relief; unjust enrichment; and violations of the Maryland Consumer
Debt Collection Act, and Maryland Consumer Protection Act, Md. Code
Ann., Commercial Law.[BN]
The Plaintiff is represented by:
Scott C. Borison, Esq.
Madison Borison, Esq.
BORISON FIRM LLC
1400 S. Charles St.
Baltimore, MD 21230
Email: scott@borisonfirm.com
The Defendants are represented by:
Nathan D. Adler, Esq.
Steven J. Willner, Esq.
NEUBERGER QUINN GIELEN RUBIN & GIBBER, P.A.
One South Street, 27th Floor
Baltimore, MD 21202
Phone: (410) 332-8550
Facsimile: (410) 332-8551
Email: nda@nqgrg.com
sjw@nqgrg.com
PENSKE TRUCK: Mercardo Labor Suit Removed to C.D. Calif.
--------------------------------------------------------
The case ARMANDO MERCARDO, individually and on behalf of all others
similarly situated v. PENSKE TRUCK LEASING CORPORATION, PENSKE
TRUCK LEASING CO. LP, and DOES 1 through 50, inclusive, Case No.
CVRI2502342, was removed from the Superior Court of the State of
California for the County of Riverside to the United States
District Court for the Central District of California on October 8,
2025.
The Clerk of Court for the Central District of California assigned
Case No. 5:25-cv-02659 to the proceeding.
The suit is brought against the Defendants for alleged violations
of California Labor Code and Unfair Competition Law.
Penske Truck Leasing Corporation is a provider of transportation
solutions, headquartered in Pennsylvania.
Penske Truck Leasing Co. LP is a provider of transportation
solutions, headquartered in Pennsylvania. [BN]
The Defendants are represented by:
Evan R. Moses, Esq.
Sona P. Patel, Esq.
Haik Kolsuzyan, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
400 South Hope Street, Suite 1200
Los Angeles, CA 90071
Telephone: (213) 239-9800
Facsimile: (213) 239-9045
Email: evan.moses@ogletree.com
sona.patel@ogletree.com
haik.kolsuzyan@ogletree.com
- and -
Noel M. Hernandez, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
10801 W. Charleston Blvd., Ste. 500
Las Vegas, NV 89135
Telephone: (702) 369-6800
Facsimile: (702) 369-6888
Email: noel.hernandez@ogletree.com
PG&E CORPORATION: Court Junks Securities Suit
---------------------------------------------
In the class action lawsuit Re PG&E Corporation Securities
Litigation, Case No. 5:18-cv-03509-EJD (N.D. Cal.), the Hon. Judge
Davila entered an order regarding renewed motions to dismiss:
The Plaintiffs have failed to state a claim for violations of
Section 10(b) and Rule 10b-5. Without the predicate "primary
violation of federal securities law," the Plaintiffs cannot
establish control liability. Thus, the Court grants the Officer
Defendants' motion to dismiss the Section 20(a) claim. III.
The Court grants Officer Defendants' motion to dismiss the TAC's
Exchange Act claims. Because granting Plaintiffs an additional
opportunity to amend the complaint would not be futile, cause undue
delay, or unduly prejudice the Officer Defendants, and Plaintiffs
have not acted in bad faith, the Court grants leave to amend.
Should they choose to file an amended complaint, Plaintiffs must do
so within 30 days of this Order and attach a redlined copy
comparing the TAC with the Fourth Amended Complaint pursuant to the
Section III of the Court’s Standing Order for Civil Cases.
The Plaintiffs have failed to state a claim for violation of
Section 11. Without the predicate "primary violation of federal
securities law," the Plaintiffs cannot establish control liability.
Thus, the Court grants the Securities Act Defendants' motion to
dismiss the Section 15 claim.
Then Court grants the Securities Act Defendants' motion to dismiss
the TAC’s Securities Act claims. Because granting Plaintiffs an
additional opportunity to amend the complaint would not be futile,
cause undue delay, or unduly prejudice the Securities Act
Defendants, and Plaintiffs have not acted in bad faith, the Court
grants leave to amend.
The Plaintiff brings this action individually and on behalf of
those who purchased or otherwise acquired publicly traded PG&E
securities from April 29, 2015, through November 15, 2018. The
Plaintiff alleges that six of the Officer Defendants made nineteen
false statements concerning the Utility's wildfire safety practices
in violation of sections 10(b) and 20(a) of the Exchange Act and
Rule 10b-5 promulgated thereunder. Plaintiff avers that when the
market discovered the alleged falsity of these statements, PG&E's
stock price declined, causing investors to suffer financial
losses.
PG&E serves electric and natural gas retail customers in northern
and central California.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=UoXVnC at no extra
charge.[CC]
PIPING ROCK: CMP & Scheduling Order Entered in Ama Lawsuit
----------------------------------------------------------
In the class action lawsuit captioned as LYNN AMA, CAROLANNE
HOLDER, TIFFINI SMITH and MAGGY GOUSSE, on behalf of themselves and
all others similarly situated, v. PIPING ROCK HEALTH PRODUCTS INC.,
NATURE’S TRUTH LLC, Case No. 1:25-cv-03787-AS (S.D.N.Y.), the
Hon. Judge Arun Subramanian entered a Civil Case Management Plan
and Scheduling Order:
Joinder of additional parties must be accomplished by 30 days after
Defendant answers the operative complaint.
Amended pleadings may be filed without leave of Court until 30 days
after Defendant answers the operative complaint.
First request for production of documents, if any, must be served
by 30 days after Defendant answers the operative complaint.
A final pre-trial conference shall be held on [date to be inserted
by the Court]. The timing and other requirements for the Joint
Pretrial Order and/or other pre-trial submissions shall be governed
by the Court’s Individual Practices.
A motion for class certification shall be filed by 10 months after
the Court’s decision on the Motion to Dismiss, answering papers
by 30 days after the motion, and reply papers by 30 days after the
answering papers.
Piping provides vitamins and health food products.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=2WNIH5 at no extra
charge.[CC]
PNC FINANCIAL: Faces Class Action Over Unprotected Personal Info
----------------------------------------------------------------
Top Class Actions reports that plaintiff Madonna Blunt filed a
class action lawsuit against The PNC Financial Services Group Inc.
Why: Blunt claims PNC failed to properly secure and safeguard the
personally identifiable information (PII) of its customers.
Where: The class action lawsuit was filed in Pennsylvania federal
court.
A new class action lawsuit alleges The PNC Financial Services Group
failed to properly secure and safeguard personally identifiable
information of its customers during a data breach earlier this
year.
Plaintiff Madonna Blunt claims PNC disclosed earlier this month
that sensitive customer information was mistakenly provided to
another client without authorization due to an internal disclosure
error.
Blunt argues, however, that a separate dark web post by a threat
actor claimed data was exfiltrated from PNC's IT network, including
740,000 customer records.
"Market Exchange's claim indicates that the amount of data exposed
as a result of the Data Breach, is substantially larger than the
internal disclosure initially confirmed by Defendant," the PNC
class action lawsuit states.
PNC class action claims bank failed to take precautions to keep
customer data secure
Blunt claims PNC failed to take precautions to keep individuals'
PII secure and failed to use reasonable security procedures and
practices appropriate to the nature of the sensitive, unencrypted
information it maintained for its customers.
"Despite having the financial wherewithal and personnel necessary
to prevent the Data Breach, nevertheless failed to use reasonable
security procedures and practice appropriate to the nature of the
sensitive, unencrypted information it maintained for Plaintiff and
Class Members," the PNC class action lawsuit argues.
Blunt wants to represent a nationwide class of individuals whose
PII was compromised as a result of the data breach. She demands a
jury trial and requests declaratory relief and an award of
statutory damages and all other forms of monetary relief.
In 2024, PNC faced a class action lawsuit alleging it exploited its
retirement account investors for its own financial gain.
The plaintiff is represented by Ken Grunfeld and Jeff Ostrow of
Kopelowitz Ostrow P.A. and Mariya Weekes of Milberg Coleman Bryson
Phillips Grossman PLLC.
The PNC data breach class action lawsuit is Blunt v. The PNC
Financial Services Group Inc., Case No. 2:25-cv-01469, in the U.S.
District Court for the Western District of Pennsylvania. [GN]
PROCTER & GAMBLE: Parties Seek To Modify Class Cert Schedule
------------------------------------------------------------
In the class action lawsuit captioned as STEPHEN SNEED,
individually and on behalf of all others similarly situated, v. THE
PROCTER & GAMBLE COMPANY, Case No. 4:23-cv-05443-JST (N.D. Cal.),
the Parties ask the Court to enter an order granting motion to
modify class certification schedule:
Event Date
Class certification motion and Dec. 8, 2025
Plaintiff's class certification
expert disclosures due:
Class certification opposition and Feb. 23, 2026
Defendants' class certification
expert disclosures due:
Class certification expert discovery April 7, 2026
cut-off:
Class certification reply due: June 2, 2026
Procter is an American multinational consumer goods corporation.
A copy of the Parties' motion dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=tgQuV6 at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
The Defendant is represented by:
Cortlin H. Lannin, Esq.
Andrew Soukup, Esq.
Sameer Aggarwal, Esq.
COVINGTON & BURLING LLP
415 Mission Street, Suite 5400
San Francisco, CA 94105-2533
Telephone: (415) 591-6000
E-mail: clannin@cov.com
asoukup@cov.com
saggarwal@cov.com
QUANEX BUILDING: Bids for Lead Plaintiff Appointment Set Nov. 18
----------------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against Quanex Building Products Corporation ("Quanex" or the
"Company") (NYSE:NX). Such investors are advised to contact
Danielle Peyton at newaction@pomlaw.com or 646-581-9980, (or
888.4-POMLAW), toll-free, Ext. 7980. Those who inquire by e-mail
are encouraged to include their mailing address, telephone number,
and the number of shares purchased.
The class action concerns whether Quanex and certain of its
officers and/or directors have engaged in securities fraud or other
unlawful business practices.
You have until November 18, 2025 to ask the Court to appoint you as
Lead Plaintiff for the class if you purchased or otherwise acquired
Quanex securities during the Class Period. A copy of the Complaint
can be obtained at www.pomerantzlaw.com.
On September 4, 2025, after the market closed, Quanex announced its
financial results for the third quarter of its 2025 fiscal year.
Quanex disclosed, among other things, that ongoing "operational
issues related to the legacy Tyman window and door hardware
business in Mexico" had "impacted results more than expected[.]"
Quanex also disclosed that it was "adjusting for lower expected
volumes and pushing oug the timing of when [it] expect[s] to
realize procurement savings" from integration of the Tyman
business. Then, on September 5, 2025, Quanex held an earnings call
to discuss the quarter's financial results. During the call, Chief
Executive Officer George Wilson explained that the operational
challenges at Tyman "negatively impacted EBITDA in the Hardware
Solutions segment by almost $5 million in the third quarter alone."
Wilson explained that the issue had been "identified midyear" and
described the systems used to "anticipate and plan for tooling
repairs" as significantly deficient.
On this news, Quanex's stock price fell $2.73 per share, or 13.06%,
to close at $18.18 per share on September 5, 2025.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles,
London, Paris, and Tel Aviv, is acknowledged as one of the premier
firms in the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, Pomerantz pioneered the field of
securities class actions. Today, more than 85 years later,
Pomerantz continues in the tradition he established, fighting for
the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
numerous multimillion-dollar damages awards on behalf of class
members. See www.pomlaw.com. [GN]
QUANTUM CORP: Bids for Lead Plaintiff Appointment Set November 3
----------------------------------------------------------------
Pomerantz LLP announces that a class action lawsuit has been filed
against Quantum Corporation ("Quantum" or the "Company")
(NASDAQ:QMCO). Such investors are advised to contact Danielle
Peyton at newaction@pomlaw.com or 646-581-9980, (or 888.4-POMLAW),
toll-free, Ext. 7980. Those who inquire by e-mail are encouraged to
include their mailing address, telephone number, and the number of
shares purchased.
The class action concerns whether Quantum and certain of its
officers and/or directors have engaged in securities fraud or other
unlawful business practices.
You have until November 3, 2025 to ask the Court to appoint you as
Lead Plaintiff for the class if you purchased or otherwise acquired
Quantum securities during the Class Period. A copy of the Complaint
can be obtained at www.pomerantzlaw.com.
On June 30, 2025, Quantum disclosed in a filing with the U.S.
Securities and Exchange Commission ("SEC") that it would postpone
the filing of its Annual Report because it was in the process of
reviewing its revenue recognition accounting practices.
On this news, Quantum's stock price fell $1.00 per share, or
10.03%, to close at $8.97 per share on July 1, 2025.
Then, on August 8, 2025, Quantum filed a report with the SEC,
announcing that the Company's financials for the third quarter of
2024 could not be relied upon and would be restated to show a new
decrease of approximately $3.9 million in revenue, and that there
were deficiencies in the Company's internal control over financial
reporting and the Company's disclosure controls and procedures that
constituted material weaknesses as of December 31, 2024 and March
31, 2025.
On this news, Quantum's stock price fell $0.14 per share, or 1.85%,
to close at $7.43 per share on August 11, 2025.
Finally, on August 18, 2025, Quantum announced the resignation of
its Chief Financial Officer Lewis Moorehead amid an internal
accounting review related to its revenue recognition practices.
On this news, Quantum's stock price fell $0.61 per share, or 8.2%,
to close at $6.83 per share on August 19, 2025.
Pomerantz LLP, with offices in New York, Chicago, Los Angeles,
London, Paris, and Tel Aviv, is acknowledged as one of the premier
firms in the areas of corporate, securities, and antitrust class
litigation. Founded by the late Abraham L. Pomerantz, known as the
dean of the class action bar, Pomerantz pioneered the field of
securities class actions. Today, more than 85 years later,
Pomerantz continues in the tradition he established, fighting for
the rights of the victims of securities fraud, breaches of
fiduciary duty, and corporate misconduct. The Firm has recovered
numerous multimillion-dollar damages awards on behalf of class
members. See www.pomlaw.com. [GN]
QUICK MED: Class Cert. Discovery in Roth Suit Due Feb. 27, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as MELIA ROTH, on behalf of
herself and all others similarly situated, v. QUICK MED URGENT
CARE, LLC, Case No. 4:25-cv-00745-BYP (N.D. Ohio), the Hon. Judge
Benita Y. Pearson entered a case management conference order as
follows:
The case will be referred to the Magistrate Judge for mediation to
occur during October 2025, if possible. That referral, however,
should not be a barrier to the parties attempting to negotiate a
resolution on their own or engage a private mediator.
The Parties do not consent to the jurisdiction of the United States
Magistrate Judge pursuant to 28 U.S.C. section 636(c).
There are no case-specific rulings as to the type and extent of
discovery. Parties are to follow the limits established by the
Local and Federal Civil Rules.
The Parties have agreed to follow the default standard for
discovery of electronically-stored information (Appendix K to N.D.
Ohio Local Rules).
The case is a putative Fair Labor Standards Act (FLSA) collective
action under 29 U.S.C. sections 201-219 and the Ohio Minimum Fair
Wage Standards Act (OMFWSA). FLSA Notice discovery shall be
completed on or before Oct. 31, 2025.
Class certification discovery shall be completed on or before Feb.
27, 2026. The cutoff for filing a motion seeking Court approval of
the issuance of Rule 23 notice to be sent to those similarly
situated to Plaintiff is Mar. 27, 2026. Responses shall be filed by
Apr. 13, 2026 (see LR 7.1(d)) and Replies by April 27, 2026.
The cutoff for filing dispositive motions is July 27, 2026.
A Status Conference will be held on Nov. 3, 2025, at 12:00 p.m.
EST.
QUICKmed is a walk-in clinic for acute illness, injury, physicals,
flu shots, and more.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Um4BS8 at no extra
charge.[CC]
REYNOLDS CONSUMER: Class Cert Hearing in Washington Adjourned
-------------------------------------------------------------
In the class action lawsuit captioned as Washington v. Reynolds
Consumer Products LLC, Case No. 1:24-cv-02327 (S.D.N.Y., Filed
March 27, 2024), the Hon. Judge Andrew L. Carter, Jr. entered an
order that the hearing on Class Certification Motion scheduled for
April 13, 2026, is adjourned sine die.
The nature of suit states Torts -- Personal Property -- Other
Fraud.
Reynolds provides packaging products.[CC]
SALT HARBOR INC: Mosquera Sues Over Unpaid Minimum Wages
--------------------------------------------------------
Jenny Mosquera, on behalf of herself and all others
similarly-situated v. SALT HARBOR, INC., and LINDSAY OSTRANDER,
individually, Case No. 2:25-cv-05682 (E.D.N.Y., Oct. 9, 2025), is
brought for damages and equitable relief based upon violations that
Defendants committed of Plaintiff's rights guaranteed to her by:
the minimum wage provisions of the Fair Labor Standards Act
("FLSA"), the minimum wage provisions of the New York Labor Law
("NYLL") and the New York Codes, Rules & Regulations ("NYCRR").
For the duration of Plaintiff's employment period, Defendants
willfully failed to pay Plaintiff the wages lawfully due to her
under the FLSA and the NYLL, as Defendants paid Plaintiff below the
minimum wage rate based on their application of a tip credit to
Plaintiff's wages despite never providing her with a tip credit
notice.
Additionally, Defendants violated the FLSA and NYLL by
misappropriating tips, as Defendants unlawfully utilized a tip pool
that required Plaintiff to tip out based on sales instead of tips
earned, which resulted in workweeks where she would be required to
provide more tips than she earned.
The Defendants' failure to pay minimum wage and their participation
in an illegal tip pool was not limited to Plaintiff, but also
extended to all of Defendants' non-managerial tipped employees,
says the complaint.
The Plaintiff worked for Defendants as a server for Defendants'
restaurant.
Salted On the Harbor is one of two restaurant locations owned and
operated as a single business entity by Defendants.[BN]
The Plaintiff is represented by:
Jeffrey R. Maguire, Esq.
STEVENSON MARINO LLP
445 Hamilton Avenue, Suite 1500
White Plains, NY 10601
Phone: (212) 939-7229
SOM JAI: Porfirio Suit Referred to Magistrate Judge for Pretrial
----------------------------------------------------------------
In the class action lawsuit captioned as Porfirio Rocete et al., v.
Som Jai Nuk Inc. et al., Case No. 1:25-cv-08038-DEH-JW (S.D.N.Y.),
the Hon. Judge Dale Ho entered an order referring thhr case to the
assigned Magistrate Judge for the following purposes:
General pretrial (includes scheduling, discovery, non-
dispositive pretrial motions, and settlement)
Specific Non-dispositive motion/dispute: class certification
Dispositive motion (i.e. motion requiring a report and
recommendation).
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=TTP3T2 at no extra
charge.[CC]
STATE FARM: Faces Class Suit Over Auto Claims Payouts in Tennessee
------------------------------------------------------------------
Matthew Sellers, writing for Insurance Business, reports that a
federal appeals court has allowed a class action to proceed against
State Farm over its method for calculating total loss auto claims
in Tennessee.
The case focuses on State Farm's use of the "Typical Negotiation
Adjustment" (TNA) when determining the actual cash value of totaled
vehicles for Tennessee policyholders. State Farm relied on
valuations from Audatex, a third-party company, and applied the TNA
to reduce payouts based on the assumption that buyers typically
negotiate lower prices than those advertised.
Lead plaintiff Jessica Clippinger alleged that the TNA did not
reflect current market practices and resulted in lower settlements
than policyholders were entitled to under their insurance
contracts. She argued that, due to online shopping and price
transparency, used cars often sell for their advertised prices. The
lawsuit claims that State Farm's use of the TNA breached its
contracts and violated Tennessee law.
State Farm's standard Tennessee auto policy provides for payment of
the "actual cash value" of a totaled vehicle. If there is
disagreement about the value, the policy allows either party to
request an appraisal, with each side selecting an appraiser and a
third chosen if needed. Tennessee regulations set out permissible
methods for determining actual cash value but allow insurers
discretion in the approach used.
The certified class covers Tennessee policyholders who, from May 8,
2019, received compensation for a totaled vehicle based on an
Audatex appraisal where the actual cash value was decreased by a
TNA.
State Farm argued that individual circumstances would predominate
and that the TNA was a reasonable adjustment. The Sixth Circuit
found that whether the TNA resulted in an artificially reduced
payout in breach of contract could be addressed for the class as a
whole.
The October 9, 2025, decision does not resolve whether State Farm's
use of the TNA was lawful or a breach of contract. Instead, it
affirms class certification and remands the case for further
proceedings.
The case highlights the importance of claims valuation methods and
regulatory compliance. The outcome may influence how insurers in
Tennessee and elsewhere approach the calculation and explanation of
actual cash value in auto claims. [GN]
STRADA SERVICES: Parties Must Confer Class Cert Deadlines
---------------------------------------------------------
In the class action lawsuit captioned as Gamez v. Strada Services,
LLC, Case No. 6:25-cv-01882, (M.D. Fla., Filed Sept. 30, 2025), the
Hon. Judge Paul G. Byron entered an order directing 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 suit alleges violation of the Fair Labor Standards Act (FLSA).
Strada is a full service electrical, security, and air conditioning
contracting company.[CC]
T-MOBILE USA INC: Diaz Suit Removed to E.D. California
------------------------------------------------------
The case captioned as Ryan Diaz, as an individual and on behalf of
all others similarly situated v. T-MOBILE USA, INC., a Delaware
corporation; and DOES 1 through 50, inclusive, Case No. 25CV019618
was removed from the Superior Court of the State of California for
the County of Sacramento, to the United States District Court for
Eastern District of California on Oct. 9, 2025, and assigned Case
No. 2:25-at-01377.
The Complaint asserts the following causes of action: violation of
Labor Code Section 201-203 and Section 246 (Count I); and violation
of Labor Code Section 226 (Count II).[BN]
The Defendants are represented by:
Chad Greeson, Esq.
LITTLER MENDELSON P.C.
Treat Towers, Suite 600
1255 Treat Boulevard
Walnut Creek, CA 94597
Phone: (925) 932-2468
Email: cgreeson@littler.com
TAIWAN SEMICONDUCTOR: Must Produce Performance Data, Court Says
---------------------------------------------------------------
In the class action lawsuit captioned as DEBORAH HOWINGTON, et al.,
v. TAIWAN SEMICONDUCTOR MANUFACTURING CO., LTD., et al., Case No.
5:24-cv-05684-VKD (N.D. Cal.), the Hon. Judge Virginia K. DeMarchi
entered an order as follows:
TSMC must produce responsive performance data for all employees
located in the United States during the relevant period.
For purposes of this production, the "responsive performance data"
must include at least the following fields/data, for each such
employee:
a. Unique employee ID number
b. Name
c. Race, national origin, and citizenship (to the extent the
information is readily accessible)
d. Performance evaluation rating(s) or score(s)
e. Indication of employment action(s) taken, including (i)
promotion, (ii) placement on a performance improvement plan or
corrective action plan, (iii) termination, (iv) voluntary
resignation, (v) involuntary resignation.
At this time, TSMC is not required to produce performance review
forms (including narratives), performance improvement/corrective
action plans, or employee complaints or objections about
performance-related issues.
By Oct. 8, 2025, TSMC shall advise plaintiffs of a date certain
upon which it will produce the responsive performance data
described above.
The Defendant is a Taiwanese multinational semiconductor contract
manufacturing and design company.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ieoAnN at no extra
charge.[CC]
TANDEM DIABETES: Rosen Law Probes Potential Securities Claims
-------------------------------------------------------------
Why: Rosen Law Firm, a global investor rights law firm, continues
to investigate potential securities claims on behalf of
shareholders of Tandem Diabetes Care, Inc. (NASDAQ: TNDM) resulting
from allegations that Tandem Diabetes Care may have issued
materially misleading business information to the investing
public.
So What: If you purchased Tandem Diabetes Care securities you may
be entitled to compensation without payment of any out of pocket
fees or costs through a contingency fee arrangement. The Rosen Law
Firm is preparing a class action seeking recovery of investor
losses.
What to do next: To join the prospective class action, go to
https://rosenlegal.com/submit-form/?case_id=19024 or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
What is this about: On August 7, 2025, before the market opened,
the company issued a press release entitled "Tandem Diabetes Care
Issues Voluntary Medical Device Correction for Select t:slim X2
Insulin Pumps." The release stated that Tandem Diabetes had
"announced a voluntary medical device correction for select t:slim
X2 insulin pumps to address a potential speaker-related issue that
can trigger an error resulting in a discontinuation of insulin
delivery."
On this news, Tandem Diabetes' stock fell 19.9% on August 7, 2025.
Why Rosen Law: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Many of these firms do not
actually litigate securities class actions. Be wise in selecting
counsel. The Rosen Law Firm represents investors throughout the
globe, concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. At the time Rosen Law Firm was Ranked No. 1 by
ISS Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
E-mail: case@rosenlegal.com
Website: www.rosenlegal.com [GN]
TARGET CORP: Parties Seek Class Certification Briefing Schedules
----------------------------------------------------------------
In the class action lawsuit captioned as LINDEN KELLY, on behalf of
himself and others similarly situated, v. TARGET CORPORATION, Case
No. 2:23-cv-01301-RBS (E.D. Pa.), the Parties ask the Court to
enter an order granting class certification briefing schedules:
Nov. 11, 2025: The Plaintiff's motion for class certification
Dec. 19, 2025: The Defendant's Opposition to the Plaintiff's
motion for class certification
Jan. 26, 2026: The Plaintiff's reply in support of motion for
class certification
Target is an American retail corporation that operates a chain of
discount department stores and hypermarkets.
A copy of the Parties' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=cUKMhP at no extra
charge.[CC]
The Plaintiff is represented by:
Patrick F. Hulla, Esq.
Jacqueline R. Barrett, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART,
P.C.
700 W. 47th Street, Suite 500
Kansas City, MO 64112
Telephone: (816) 471-1301
Facsimile: (816) 471-1303
E-mail: patrick.hulla@ogletree.com
jacqueline.barrett@ogletree.com
- and -
Sarah R. Schalman-Bergen, Esq.
Krysten Connon
LICHTEN & LISS-RIORDAN, P.C.
729 Boylston Street, Suite 2000
Boston, MA 02116
Telephone: (267) 256-9973
E-mail: ssb@llrlaw.com
kconnon@llrlaw.com
- and -
Sally J. Abrahamson, Esq.
WERMAN SALAS P.C.
335 18th Pl NE
Washington, D.C. 20002
Telephone: (202) 830-2016
E-mail: sabrahamson@flsalaw.com
- and -
Ryan Allen Hancock, Esq.
WILLIG, WILLIAMS & DAVIDSON
1845 Walnut Street, 24th Floor
Philadelphia, PA 19103
Telephone: (215) 656-3600
Facsimile: (215) 567-2310
E-mail: rhancock@wwdlaw.com
TENNESSEE: Court Narrows Claims in Doe Suit
-------------------------------------------
In the class action lawsuit captioned as JOHN DOE 1, et al., v.
STATE OF TENNESSEE, et al., Case No. 3:24-cv-00777 (M.D. Tenn.),
the Hon. Judge Waverly D. Crenshaw, Jr entered a memo denying in
part and granting in part the State and DCS Defendants' Motion to
Dismiss.
The Court will dismiss John Doe 1 as a plaintiff for lack of
standing, and it will dismiss Counts Six and Ten for failure to
state a claim.
Accordingly, the Court will deny Defendants' motion to dismiss
Counts One and Three because the allegations above give Defendants'
"fair notice" of the Plaintiffs' claims and the grounds upon which
they rest. Those grounds, according to Plaintiffs, do not include
"allegations of inadequate mental, behavioral, and medical health
treatment."
The Complaint alleges that Quin's and Reynold's policies deprive
Plaintiffs and other Youth "of education for extended or indefinite
periods of time without being provided with notice of the reason
for the deprivation, an opportunity to be heard, or other
procedural safeguards to protect their entitlement to education."
The putative class action challenges several policies and practices
that allegedly harm the rights of disabled children in
Tennessee’s juvenile justice system.
Tennessee is a landlocked state in the Southeastern region of the
United States.
A copy of the Court's memorandum opinion dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=VwWA0E
at no extra charge.[CC]
THERAPYMATCH INC: Biberfeld Class Suit Removed to S.D.N.Y.
----------------------------------------------------------
The Defendant in the case of CHAIM BIBERFELD, individually and on
behalf of all others similarly situated, Plaintiff v. THERAPYMATCH,
INC. d/b/a HEADWAY, Defendant, filed a notice to remove the lawsuit
from the Supreme Court of the State of New York, County of Rockland
(Case No. 034993/2025) to the U.S. District Court for the Southern
District Of New York on Oct. 8, 2025.
The Clerk of Court for the Southern District Of New York assigned
Case No. 1:25-cv-08325. The case is assigned to Judge Paul A.
Engelmayer.
Therapymatch, Inc., doing business as Headway, develops healthcare
software. The Company offers platform that helps therapists accept
insurance. [BN]
The Defendant is represented by:
Peter T. Shapiro, Esq.
Erin P. Cain, Esq.
LEWIS BRISBOIS BISGAARD & SMITH LLP
7 World Trade Center
250 Greenwich Street, 11th Floor
New York, NY 10007
Telephone: (212) 232-1300
Email: peter.shapiro@lewisbrisbois.com
erin.cain@lewisbrisbois.com
TIKTOK INC: Faces Class Suit in Canada Over Psychological Harm
--------------------------------------------------------------
Rory MacLean, writing for CTV News, reports that a prospective
class action lawsuit filed in Saskatchewan has put TikTok in the
crosshairs, alleging the short-form video app targets children and
causes psychological harm.
In a statement of claim obtained by CTV News, the plaintiffs take
aim at the negative effects of TikTok's endless scroll on the minds
of young people, and its algorithm's ability to amplify their
vulnerabilities, stimulating a satisfying rush of dopamine to
prolong the time spent on the platform in an addictive feedback
loop.
Two law firms are behind the suit against TikTok and its parent
company ByteDance Ltd., Vancouver's Rice Harbut Elliott LLP and the
Regina-based Willows Wellsch Orr and Brundige LLP.
A plaintiff in this case is a Sask. toddler, who was an infant at
the time of filing.
"Among other harms, the defendants' social media platforms
facilitate cyberbullying, contribute to obesity and eating
disorders, instigate sleep deprivation to achieve around-the-clock
engagement, encourage or counsel high-risk behaviour, encourage
children to negatively compare themselves to others and develop a
broad discontentment for life, and have been connected to
depression, anxiety, self-harm, and ultimately suicidal ideation
and attempts," the lawsuit alleges.
None of their allegations have been proven in court.
The suit, which has yet to be certified as a class action, is one
in a wave of recent legal and regulatory actions against the
company.
NPR reported in October 2024 that 14 U.S. states, led by New York
and California, filed suit against the company, claiming it was
deliberately designed to keep young people hooked on the service.
NPR reporters Bobby Allyn, Sylvia Goodman and Dara Kerr obtained
internal reports from the Chinese-owned social media giant
revealing the company was aware that children as young as
15-years-old were stripping on TikTok's live feature, and adults
were paying for it.
According to Allyn, Goodman and Kerr, TikTok even quantified the
precise amount of viewing time it takes to form a habit -- 260
videos.
Given some of those videos are only a few seconds long, they write
you can be "addicted" in under 35 minutes.
According to NPR, a presentation shown to top company officials
revealed an estimated 95 per cent of smartphone users under 17 used
TikTok at least once a month.
A new Washington Post investigation corroborates the addictive
nature of the app.
The Washington Post analyzed the viewing history of 800 TikTok
users over a five-month period, finding that even occasional users
had doubled the time they spent on the app by the end. Heavy users
spent around four hours a day scrolling through their feed, the
Post reports.
Last month, the federal, Quebec, Alberta and B.C. privacy
commissioners released the results of a joint investigation into
TikTok, which they launched in 2023.
They said in a media release that while the platform isn't meant
for kids under 13, they found hundreds of thousands of Canadian
children use TikTok each year and the company collects and uses
their personal information.
The privacy authorities said TikTok has agreed to strengthen its
communications on privacy measures and enhance the use of
age-assurance methods to ensure underage users don't access the
platform.
They noted the company also made some improvements to its practices
during the investigation, but said they would continue to monitor
the situation.
Privacy and safety concerns have swirled around TikTok and its
Chinese parent company ByteDance because of Chinese national
security laws that compel domestic organizations to assist with
intelligence gathering.
Last year, Canada's federal government ordered the dissolution of
TikTok's Canadian business following a national security review of
ByteDance.
In the U.S., TikTok could soon be in the hands of a cadre of
American billionaires hand-picked by the Trump administration, if a
Sept. 25 executive order comes to fruition.
The executive order is the result of a Biden-era law prohibiting
the foreign ownership of TikTok. The law threatened to ban the
popular app in the U.S., but its implementation was repeatedly
delayed.
A date for the certification hearing on the Sask. and B.C.-based
class action lawsuit has not yet been set. [GN]
TRANS UNION: Theodore Suit Seeks Class Certification of Claims
--------------------------------------------------------------
In the class action lawsuit captioned as WILSON THEODORE, LASHANDA
THEODORE, on behalf of themselves and others similarly situated, v.
TRANS UNION, LLC, Case No. 2:23-cv-00537-EWH-DEM (E.D. Va.), the
Plaintiffs ask the Court to enter an order certifying their claims
against the Defendant.
Trans Union is a global information and insights company.
A copy of the Plaintiffs' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lxBfFx at no extra
charge.[CC]
The Plaintiffs are represented by:
Leonard A. Bennett, Esq.
Thomas Domonoske, Esq.
Mark C. Leffler, Esq.
Adam W. Short, Esq.
John Maravalli, Esq.
CONSUMER LITIGATION ASSOCIATES, P.C.
763 J. Clyde Morris Blvd., Ste. 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: tom@clalegal.com
lenbennett@clalegal.com
adam@clalegal.com
john@clalegal.com
- and -
Kristi C. Kelly, Esq.
KELLY GUZZO, PLC
3925 Chain Bridge Road, Suite 202
Fairfax, VA 22030
Telephone: (703) 424-7572
Facsimile: (703) 591-0167
E-mail: kkelly@kellyguzzo.com
TRANSUNION LLC: Kaplan Seeks Rule 23 Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as LESLEY KAPLAN, on behalf
of herself and all others similarly situated, v. TRANSUNION LLC,
Case No. 2:24-cv-02438-WB (E.D. Pa.), the Plaintiff asks the Court
to enter an order certifying a class action pursuant to Federal
Rule of Civil Procedure 23.
TransUnion is an American consumer credit reporting agency.
A copy of the Plaintiff's motion dated Sept 25, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mVW9ZP at no extra
charge.[CC]
The Plaintiff is represented by:
John Soumilas, Esq.
Lauren KW Brennan, Esq.
Maria del Pilar Castillo, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jsoumilas@consumerlawfirm.com
lbrennan@consumerlawfirm.com
pcastillo@consumerlawfirm.com
- and -
Erika A. Heath, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: (628) 246-1352
Facsimile: (215) 940-8000
E-mail: eheath@consumerlawfirm.com
TRANSUNION LLC: Kaplan Seeks to File Docs Under Seal
----------------------------------------------------
In the class action lawsuit captioned as LESLEY KAPLAN, on behalf
of herself and all others similarly situated, v. TRANSUNION LLC,
Case No. 2:24-cv-02438-WB (E.D. Pa.), the Plaintiff asks the Court
to enter an order granting the Plaintiff's motion to file materials
under seal in connection with her motion for class certification.
The Plaintiff seeks leave to file under seal Exhibits 1-6, 8-12,
and 15-19 to her contemporaneously filed Memorandum of Law in
Support of her Motion for Class Certification.
The Plaintiff also seeks leave to file under seal those portions of
the Memorandum of Law which quote or otherwise reveal the contents
of material proposed to be sealed.
Exhibits 2, 3, and 17 are each responses by Defendant Trans Union,
LLC to Plaintiff’s written discovery requests. The Plaintiff
therefore moves to seal the entirety of each of these exhibits.
Exhibits 1, 8, 9, 10, 11, 12, 15, 18, and 19 are each documents
produced in discovery in this matter by Defendant, and which
Defendant designated as Confidential under the Stipulated
Protective Order. The Plaintiff therefore moves to seal the
entirety of each of these exhibits.
Exhibit 4 contains excerpts of the transcript of the Sept. 9, 2025
testimony of Alexander Zarrilli.
Exhibit 5 contains excerpts of the transcript of the March 27, 2025
testimony of Alexander Zarrilli in this matter. Defendant
designated certain portions of this testimony as confidential under
the Stipulated Protective Order. Plaintiff therefore moves to seal
the portions of Exhibit 5 designated as confidential by Defendant.
Exhibit 6 contains excerpts of the transcript of the April 17,
2025, Deposition of Tamaya Tucker. Defendant designated certain
portions of the transcript confidential under the Stipulated
Protective Order. Plaintiff therefore moves to seal the portions of
Exhibit 6 designated as confidential by Defendant.
Exhibit 16 contains excerpts of the transcript of the August 18,
2025 deposition of Troy Kubes in this matter. Defendant designated
certain portions of the transcript confidential under the
Stipulated Protective Order.
The Plaintiff therefore moves to seal the portions of Exhibit 16
designated as confidential by Defendant. Plaintiff is not familiar
with the reasons any of the above materials were marked as
"Confidential" and submits this motion to comply with the
provisions of the protective order.
TransUnion is an American consumer credit reporting agency.
A copy of the Plaintiff's motion dated Sept 25, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=L9FUlc at no extra
charge.[CC]
The Plaintiff is represented by:
John Soumilas, Esq.
Lauren KW Brennan, Esq.
Maria del Pilar Castillo, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19103
Telephone: (215) 735-8600
Facsimile: (215) 940-8000
E-mail: jsoumilas@consumerlawfirm.com
lbrennan@consumerlawfirm.com
pcastillo@consumerlawfirm.com
- and -
Erika A. Heath, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
351 California Street, Suite 700
San Francisco, CA 94104
Telephone: (628) 246-1352
Facsimile: (215) 940-8000
E-mail: eheath@consumerlawfirm.com
TRANSUNION LLC: Trotman Must File Amended Complaint by Oct. 31
--------------------------------------------------------------
In the class action lawsuit captioned as IAN CARLISLE TROTMAN, v.
TRANSUNION, LLC, et al., Case No. 1:25-cv-01665-LLA (D.D.C.), the
Hon. Judge Loren Alikhan entered an order that Mr. Trotman shall
file his amended complaint on or before Oct. 31, 2025, or, if he is
unable to meet that deadline, file a status report by that date
detailing his good cause for another extension.
Failure to do so will result in dismissal of the case for failure
to prosecute, the Court says.
The Court further entered an order that:
-- Pursuant to Local Civil Rule 5.1(c)(1), Mr. Trotman shall file
his updated address with the Clerk of Court.
-- Mr. Trotman's motion for preliminary injunction, motion to
amend and motion for sanctions, motion for sanctions and
default judgment, emergency motion for hearing, motion for
discovery, motion for liberal construction of pleadings and
reasonable accommodations, motion to certify class, and motion
for settlement conference, are denied as moot.
-- Mr. Trotman is under no obligation to respond to the Defendant
Trans Union's motion to dismiss at this time.
The Plaintiff, proceeding pro se, filed this civil action in the
Superior Court of the District of Columbia on April 26, 2025. The
action was subsequently removed to this court.
TransUnion is a global information and insights company.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=RtInCh at no extra
charge.[CC]
UNDER ARMOUR: Rappaport Appeals Suit Dismissal to 2nd Circuit
-------------------------------------------------------------
LINDA RAPPAPORT is taking an appeal from a court order dismissing
the lawsuit entitled Linda Rappaport, individually and on behalf of
all others similarly situated, Plaintiff v. Under Armour, Inc.,
Defendant, Case No. 2:24-cv-7558, in the U.S. District Court for
the Eastern District of New York.
The suit is brought against the Defendant for alleged employment
violations.
On Dec. 13, 2024, the Defendant filed a motion to dismiss for
failure to state a claim, which Judge Hector Gonzalez granted on
Sept. 11, 2025.
The Court ruled that the Plaintiff has failed to state a claim upon
which relief can be granted. Fed. R. Civ. P. 12(b)(6).
On Sept. 25, 2025, the Plaintiff filed a motion for reconsideration
on the Court's Sept. 11 Order.
The appellate case is entitled Rappaport v. Under Armour, Inc.,
Case No. 25-2466, in the United States Court of Appeals for the
Second Circuit, filed on October 7, 2025. [BN]
Plaintiff-Appellant LINDA RAPPAPORT, individually and on behalf of
all others similarly situated, is represented by:
Gary F. Lynch, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Defendant-Appellee UNDER ARMOUR, INC. is represented by:
Andrew Ramiro Escobar, Esq.
SEYFARTH SHAW LLP
999 Third Avenue, Suite 4700
Seattle, WA 98104
UNION PACIFIC: Black Suit Seeks Rule 23 Class Certification
-----------------------------------------------------------
In the class action lawsuit captioned as FAYE BLACK and JEANNINE
TOLSON individually and on behalf of all others similarly situated,
v. UNION PACIFIC RAILROAD COMPANY, Case No. 6:23-cv-01218-EFM-ADM
(D. Kan.), the Plaintiffs ask the Court to enter an order granting
certification of the following class pursuant to Fed. R. Civ. P.
23:
"Any and all persons that currently own any single family home
residential real property depicted by the area outlined in
dotted blue/black below representing groundwater contamination
of 1.2 µg/L."
Excluded from the class are the Defendant, any entity that has
a controlling interest in the Defendant, their legal
representatives, officers, directors, assigns, successors,
employees, agents and members of their immediate families;
governmental and the judicial officers to whom this case is
assigned, their staff, (and the members of their immediate
families).
The Plaintiffs primarily move for certification of all triable
issues pursuant to Fed. R. Civ. P. 23(b)(3).
In the alternative, the Plaintiffs move pursuant to Rule 23(c)(4)
for certification of an issue class for the reasons stated in the
accompanying Memorandum, or for the certification of alternative or
subclasses. Plaintiffs also move for the appointment of undersigned
counsel as counsel for the class and for appointment of Faye Black
as class representative.
Union is a Class I freight-hauling railroad.
A copy of the Plaintiffs' motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=KcbD2v at no extra
charge.[CC]
The Plaintiffs are represented by:
William R. Griffin, Esq.
MARTIN, PRINGLE, OLIVER,
WALLACE & BAUER, L.L.P.
645 E. Douglas, Suite 100
Wichita, KS 67202
Telephone: (316) 265-9311
Facsimile: (316) 265-2955
E-mail: wrgriffin@martinpringle.com
- and -
Ryan D. Ellis, Esq.
THE LANIER LAW FIRM, P.C.
10940 W. Sam Houston Pkwy N
Houston, TX 77064
Telephone: (713) 659-5200
Facsimile: (713) 659-2204
E-mail: Ryan.Ellis@lanierlawfirm.com
- and -
Christopher T. Nidel, Esq.
Jonathan Nace, Esq.
William W. Cowles, Esq.
NIDEL & NACE, P.L.L.C.
One Church Street, Suite 802
Rockville, MD 20850
Telephone: (202) 780-5153
E-mail: chris@nidellaw.com
jon@nidellaw.com
will@nidellaw.com
- and -
Ari Kresch, Esq.
KRESCH LEGAL SERVICES PR, PLLC
1225 Avenida Ponce de Leon, Suite 605
San Juan, PR 00907
Telephone: (800) 529-3476
E-mail: akresch@1800lawfirm.com
- and -
Steven J. German, Esq.
GERMAN RUBENSTEIN, LLP
19 West 44th Street, Suite 1500
New York, NY 10036
Telephone: (212) 704-2020
UNION PACIFIC: Seeks to Exclude Expert Witnesses' Opinions
----------------------------------------------------------
In the class action lawsuit captioned as FAYE BLACK, et. al, v.
UNION PACIFIC RAILROAD COMPANY, Case No. 6:23-cv-01218-EFM-ADM (D.
Kan.), the Defendant asks the Court to enter an order excluding,
and not considering, the opinions and testimony of each of the
Plaintiffs' proposed experts (Laton, Kram, Anastasi, Hatton, and
Zabel), including opinions and testimony reflected in their expert
reports, in their depositions, or otherwise offered in support of
the Plaintiffs' anticipated motion for class certification.
The Plaintiffs Faye Black and Jeannine Tolson bring this action on
behalf of themselves and a putative class, alleging that
trichloroethylene ("TCE) contamination associated with property now
owned by Union Pacific has migrated in groundwater under their
homes in Wichita ("the 29th and Grove Site") and resulted in an
alleged need to mitigate potential vapor intrusion and diminished
property value.
Union is a Class I freight-hauling railroad.
A copy of the Defendant's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=u8BwbF at no extra
charge.[CC]
The Defendant is represented by:
Erik H. Nelson, Esq.
KNIGHT NICASTRO MACKAY, LLC
304 W. 10th Street
Kansas City, MO 64105
Telephone: (816) 396-0161
Facsimile: (816) 396-6233
E-mail: nelson@knightnicastro.com
- and -
Kevin T. Jacobs, Esq.
Hannah Roskey, Esq.
Kent Mayo, Esq.
Martha Thomsen, Esq.
BAKER BOTTS L.L.P.
910 Louisiana Street
Houston, TX 77002
Telephone: (713) 229-1947
Facsimile: (713) 229-7847
E-mail: kevin.jacobs@bakerbotts.com
hannah.roskey@bakerbotts.com
kent.mayo@bakerbotts.com
martha.thomsen@bakerbotts.com
- and -
Robert R. Simpson, Esq.
SHOOK, HARDY & BACON LLP
City Place I
Hartford, CT 06103
Telephone: (850) 515-8901
Facsimile: (850) 515-8911
E-mail: rsimpson@shb.com
UNITED NATURAL: Mediation on Securities Suit Set for Nov. 17
------------------------------------------------------------
United Natural Foods, Inc. (UNFI) disclosed in its Form 10-K for
the fiscal year ended August 2, 2025, filed with the Securities and
Exchange Commission on October 1, 2025, that the company and its
officers, namely, J. Alexander Miller Douglas, John Howard and
Chris Testa are named in a putative securities class action that
was originally filed on March 29, 2023.
On March 7, 2025, the plaintiffs filed a motion for class
certification and the company filed its response on June 13, 2025.
A mediation has been scheduled for November 17, 2025.
In case "Dan Sills, et al. v. United Natural Foods, Inc., et al.,"
pending in the U.S. District Court for the Southern District of New
York, the plaintiffs allege that defendants violated federal
securities laws by making materially false and/or misleading
statements and failing to disclose material facts about UNFI's
business, operations and prospects. The defendants filed a Motion
to Dismiss on December 21, 2023, and on September 13, 2024, the
court issued an opinion granting in part and denying in part the
motion. On October 28, 2024, the Company answered the complaint
denying the allegations.
United Natural Foods, Inc. and its subsidiaries is a distributor of
natural, organic, specialty, produce and conventional grocery and
non-food products, and provider of support services to retailers,
primarily throughout the United States and Canada.
UNITED STATES: Appeals TRO and Injunction Order in Casa Class Suit
------------------------------------------------------------------
DONALD J. TRUMP, et al. are taking an appeal from a court order
granting in part and denying as moot in part the Plaintiffs' motion
for a classwide temporary restraining order and preliminary
injunction in the lawsuit entitled Casa, Inc., et al., individually
and on behalf of all others similarly situated, Plaintiffs, v.
Donald J. Trump, c/o Attorney General of the United States, in his
official capacity as President of the United States, et al.,
Defendants, Case No. 1:18-cv-00892-CCE-LPA, in the U.S. District
Court for the District of Maryland.
The suit is brought against the Defendant for alleged civil rights
violations.
On June 27, 2025, the Plaintiffs filed a motion for a classwide
temporary restraining order and preliminary injunction, which Judge
Deborah L. Boardman granted in part and denied as moot in part on
Aug. 7, 2025.
In sum, the Plaintiffs have established that the balance of the
equities and the public interest weigh in favor of a preliminary
injunction. The government will not be harmed by an injunction that
maintains the status quo of birthright citizenship, and the
Plaintiffs will be harmed if the Executive Order is not enjoined
pending the outcome of this lawsuit.
The appellate case is entitled Casa, Inc., et al. v. Donald J.
Trump, c/o Attorney General of the United States, in his official
capacity as President of the United States, et al., Case No.
25-2188, in the United States Court of Appeals for the Fourth
Circuit, filed on October 7, 2025. [BN]
UNITED STATES: Osborne Appeals Court Order to 2nd Circuit
---------------------------------------------------------
BRYAN OSBORNE is taking an appeal from a court order in the lawsuit
entitled Nah-Fee Hinton, et al., individually and on behalf of all
others similarly situated, Plaintiffs, v. Darek Puzio, Warden,
individually and officially, et al., Defendants, Case No.
3:24-cv-1944, in the U.S. District Court for the District of
Connecticut.
As previously reported in the Class Action Reporter, the suit is
brought against the Defendants for alleged violation of the
Prisoner Civil Rights.
On Sept. 23, 2025, the Plaintiffs filed an amended complaint.
The appellate case is entitled Hinton v. Puzio, Case No. 25-2464,
in the United States Court of Appeals for the Second Circuit, filed
on October 8, 2025. [BN]
Plaintiff-Appellant BRYAN OSBORNE, individually and on behalf of
all others similarly situated, appears pro se.
Defendants-Appellees DAREK PUZIO, Warden, individually and
officially, et al. are represented by:
Conor M. Reardon, Esq.
UNITED STATES ATTORNEY'S OFFICE
District of Connecticut
Connecticut Financial Center
157 Church Street
New Haven, CT 06510
UNITED STEELWORKERS: Class Cert Discovery Due Feb. 9, 2026
----------------------------------------------------------
In the class action lawsuit captioned as CLEAN HARBORS EL DORADO,
LLC V. UNITED STEELWORKERS INTERNATIONAL UNION, LOCAL 13-434, Case
No. 1:25-cv-01054-SOH (W.D. Ark.), the Hon. Judge Susan O. Hickey
entered a final scheduling order:
The case is set for bench in El Dorado, Arkansas, at the call of
the Court during the week of June 8, 2026, beginning at 9:00 a.m.
Counsel and unrepresented parties are directed to report at 8:00
a.m. on the date of trial unless otherwise notified.
The following schedule will govern this case, and the parties may
not amend or deviate from it without leave of Court:
Discovery must be completed no later than Feb. 9, 2026.
Motions for Class Certification must be filed no later than 90
days after the Fed. R. Civ. P. 26(f) Conference.
Motions to amend pleadings or to join other parties must be
filed no later than 60 days before the close of discovery,
unless good cause is shown for delay.
All dispositive motions must be filed no later than 30 days
after the close of discovery. Responses must be filed no later
than 14 days from the file date of the motion, and replies, if
any, no later than seven (7) days from the file date of the
response.
United is an American labor union representing workers in
metallurgical industries as well as in healthcare and other service
industries.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=N6OONg at no extra
charge.[CC]
UNITED WHOLESALE: Court Narrows Claims in Escue Suit
----------------------------------------------------
In the class action lawsuit captioned as THERISA D. ESCUE, et al.,
on behalf of themselves and all other similarly situated, v. UNITED
WHOLESALE MORTGAGE, LLC, et al., Case No. 2:24-cv-10853-BRM-DRG
(E.D. Mich.), the Hon. Judge Brandy R. McMillion entered an order:
-- granting in part and denying in part the Defendants' motion to
dismiss,
-- denying without prejudice the motion to strike class
allegations, and
-- denying motion for sanctions
In sum, the Plaintiffs RICO claims fail for multiple reasons. While
the Amended Complaint sufficiently alleges an association-in-fact,
the facts fail to sufficiently show that Defendants’ conduct was
the proximate cause of Plaintiffs injuries or that it meets the
requisite elements of the alleged predicate acts.
Further, the economic loss doctrine also bars the RICO causes of
action under some state law. Accordingly, Counts I and II should be
dismissed for failing to state a claim for which relief can be
granted.
The Court is not persuaded that Plaintiffs filed this case for an
improper purpose or that it did not conduct a reasonable pre-filing
entry.
The Plaintiffs proceeded to collectively file this action on April
2, 2024, and subsequently amended the complaint on August 30, 2024.
UWM is a wholesale mortgage lender.
A copy of the Court's opinion and order dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=L86XO1
at no extra charge.[CC]
US RENAL CARE: Taclob Suit Removed to C.D. California
-----------------------------------------------------
The case captioned as Albert Taclob, on behalf of himself and
others similarly situated v. U.S. RENAL CARE, INC., a Delaware
corporation; and DOES 1 through 50, inclusive, Case No. 25STCV26043
was removed from the Superior Court of the State of California for
the County of Los Angeles, to the United States District Court for
Central District of California on Oct. 9, 2025, and assigned Case
No. 2:25-cv-09688.
The Plaintiff's Complaint alleges nine causes of action: Failure to
Pay Minimum Wages; Failure to Pay Wages and Overtime Under Labor
Code Section 510; Meal-Period Liability Under Labor Code Section
226.7; Rest-Break Liability Under Labor Code Section 226.7;
Reimbursement of Necessary Expenditures Under Labor Code Section
2802; Violation of Labor Code Section 226(a) (wage statement
penalties); Failure to Keep Required Payroll Records Under Labor
Sections 1174 and 1174.5; Penalties Pursuant to Labor Code Section
203 (waiting time penalties); and Violation of California Business
& Professions Code Sections 17200.[BN]
The Defendants are represented by:
Aaron H. Cole, 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: aaron.cole@ogletree.com
omar.aniff@ogletree.com
VAUGHAN MCLEAN: Demetro Class Action Dismissed
----------------------------------------------
In the class action lawsuit captioned as KATHERINE DEMETRO et al.,
v. VAUGHAN MCLEAN, LLC et al., Case No. 1:24-cv-02199-APM (D.D.C.),
the Hon. Judge Amit P. Mehta entered an order granting Vaughan
Defendants' and Computershare Trust Company's joint motion to
dismiss.
The Plaintiffs' motion for class certification; Vaughan Defendants'
and Lawyers Title Realty Services' joint motion to strike; and the
Plaintiffs' motion for leave to late-file their motion to certify
class are accordingly denied as moot.
Because Vaughan Defendants accurately characterized its units as
single-family accommodations and provided the Plaintiffs with
proper notice, the Plaintiffs' common-law fraud and civil
conspiracy and CPPA claims must also fail, the Court says.
The Plaintiffs are current and former residents of two condominium
complexes in Washington, D.C., known as The Village at McLean
Gardens and The Village Tower at McLean Gardens, collectively known
as Vaughan Place.
They bring this action on behalf of themselves and those similarity
situated to vindicate rights under the District of Columbia's
Tenant Opportunity to Purchase Act of 1980 (TOPA).
Specifically, the Plaintiffs contend that the sale of several
hundred condominium units, including ones in which they lived, was
inaccurately characterized as the sale of single-family, rather
than multi-family, accommodations. That intentional
misclassification, they claim, foreclosed them from exercising
purchasing rights otherwise granted by TOPA.
The Plaintiffs have brought this action against the condominium
units’ seller and buyer, Defendants Vaughan McLean, LLC and
Vaughan Place, LLC, respectively, and two title companies, Lawyers
Title Realty Services, Inc. and Computershare Trust Company,
National Association.
Vaughan Place is a complex of 33 residential condominium buildings
with separate and distinct street addresses in Washington, D.C.
A copy of the Court's memorandum and order dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=zqmMVn
at no extra charge.[CC]
VIRGINIA WHITE: RWC Seeks to Stay Class Cert Proceedings
--------------------------------------------------------
In the class action lawsuit captioned as RESIDENTIAL WARRANTY
COMPANY, LLC, v. VIRGINIA WHITE, individually and in her capacity
as Power of Attorney for Warren Simmons, Case No.
1:25-cv-00302-KD-B (S.D. Ala.), the Plaintiff asks the Court to
enter an order granting motion to stay all class-related
proceedings, including any further briefing or consideration of
Defendant/Counterclaim Plaintiff's motion for class certification
and for injunctive and declaratory relief.
Any class-related proceedings are premature unless and until the
Plaintiff files a counterclaim that complies with the pleading
standards of the Federal Rules of Civil Procedure and RWC has had
an opportunity to challenge the viability of any such claims via a
motion to dismiss.
Accordingly, all class-related proceedings should be stayed until
(1) RWC files a response under Federal Rules of Civil Procedure 8
and 12 to a counterclaim that complies with the pleading
requirements of the Federal Rules of Civil Procedure, and (2) the
parties have had an opportunity to confer with this Court
regarding a schedule for class-related proceedings, including class
certification and class discovery, after RWC has filed an answer to
White's counterclaim.
A copy of the Plaintiff's motion dated Sept 30, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=8Amjq6 at no extra
charge.[CC]
The Plaintiff is represented by:
R. Bruce Barze, Jr., Esq.
Murphy M. Barze, Esq.
BARZE TAYLOR NOLES LOWTHER LLC
Lakeshore Park Plaza
2204 Lakeshore Drive, Suite 425
Birmingham, AL 35209
Telephone: (205) 872-1015
E-mail: bbarze@btnllaw.com
mbarze@btnllaw.com
WASHINGTON TIMES: Must File Responsive Pleading by Nov. 3
---------------------------------------------------------
In the class action lawsuit captioned as RAMIREZ v. WASHINGTON
TIMES LLC, Case No. 1:25-cv-02619 (D.D.C., Filed Aug. 11, 2025),
the Hon. Judge James E. Boasberg entered an order granting the
unopposed motion for extension of time:
-- The Defendant shall file its responsive pleading by Nov. 3,
2025.
-- The deadline for Plaintiff's motion for class certification
prescribed by the local rules will be extended and set on a
date to be determined by the scheduling order to be set by the
Court.
The nature of suit states Statutory Actions.
Washington Times is an American conservative daily newspaper.[CC]
WATA INC: Filing for Third Bid for Class Certification Due Oct. 29
------------------------------------------------------------------
In the class action lawsuit captioned as JACOB KNIGHT, JACK CRIBBS,
and JASON DOHSE, individually and on behalf of all others similarly
situated, v. WATA, INC. and COLLECTORS UNIVERSE, INC., Case No.
1:22-cv-01873-GPG-TPO (D. Colo.), the Hon. Judge Timothy P. O'Hara
entered an order granting the Plaintiffs' unopposed motion to
extend time to file third motion for class certification.
The Court modifies the following deadlines in the Scheduling Order:
The Plaintiffs' third motion for class Oct. 29, 2025
certification:
The Defendants' opposition to the Plaintiffs Nov. 28, 2025
third motion for class certification:
The Plaintiffs' reply to the Defendants' Dec. 15, 2025
opposition
Wata operates as a video games company.
A copy of the Court's order dated Oct. 1, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=GgrOI3 at no extra
charge.[CC]
WEDGE MEDICAL: Filing for Class Cert Bid Due Jan. 22, 2026
----------------------------------------------------------
In the class action lawsuit captioned as SUSAN KRISCH, EBONIE
CHAMPION JESSE GEGUZIS, v. THE WEDGE MEDICAL CENTER INC, WMC ARMAND
MAGUNDAYAO MINDA MAGUNDAYAO JASON MCLAUGHLIN, Case No.
2:25-cv-03448-WB (E.D. Pa.), the Hon. Judge Wendy Beetlestone
entered a scheduling order as follows:
1. All fact discovery shall be completed by April 22, 2026.
2. Any motions for class certification shall be filed on or
before Jan. 22, 2026.
3. Any party expecting to offer opinion testimony from lay
witnesses pursuant to Federal Rule of Evidence 701 with
respect to the issues of liability and damages shall, at the
time required for submission of information and/or reports
for expert witnesses, serve opposing parties with details
and/or documents covering the lay opinions of the Rule 701
witnesses.
4. Any motions for summary judgment shall be filed and served on
or before June 8, 2026. If the parties do not plan on filing
summary judgment, they shall so report to the Court
(Chambers, Room 10614) on or before June 8, 2026.
In all summary judgment filings, the parties shall comply
with the provisions of Chief Judge Beetlestone's Policies and
Procedures regarding the submission of a joint appendix and
of statements of undisputed and disputed material facts.
Wedge specializes in providing care to individuals struggling with
opioid addiction.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=vBWRYy at no extra
charge.[CC]
WESTERN CONFERENCE: Modified Case Schedule in Paieri Suit Entered
-----------------------------------------------------------------
In the class action lawsuit captioned as MICHAEL PAIERI, v. WESTERN
CONFERENCE OF TEAMSTERS PENSION TRUST et al.,
Case No. 2:23-cv-00922-LK (W.D. Wash.), the Hon. Judge Lauren King
entered an order modifying case schedule as follows:
Event Date
Bench Trial: To be set later
Disclosure of expert testimony 60 days following ruling
relating to liability under on class certification
FRCP 26(a)(2) due:
Disclosure of rebuttal expert 120 days following ruling
testimony relating to liability on class certification
under FRCP 26(a)(2) due:
All motions related to liability 120 days following ruling
discovery must be filed by: on class certification
Discovery on liability issues 150 days following ruling
completed by: on class certification
Deadline for filing dispositive 210 days following ruling
motions on liability in on class certification
accordance with Local Civil Rule 7:
Deadline for parties to meet and 21 days following ruling
confer and propose a case schedule on class certification
for further proceedings for damages
phase and possible remaining
liability phase and potential
trial, if necessary:
Western is the largest area-wide multiemployer pension plan in the
United States.
A copy of the Court's order dated Sept 30, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=0F4m4l at no extra
charge.[CC]
WILDE BRANDS: Fischer Sues Over Deceptively Sold Products
---------------------------------------------------------
Anna Fischer, individually and on behalf of all others similarly
situated v. WILDE BRANDS INC., a Delaware corporation; and DOES 1
to 10, inclusive, Case No. 2:25-cv-09352 (C.D. Cal., Sept. 30,
2025), is brought as a result of the Defendants' violations of
California's Unfair Competition Law and the California Consumers
Legal Remedies Act regarding their popular line of protein chips
(the "Products") which are deceptively sold.
To increase profits at the expense of consumers and fair
competition, Defendant deceptively sells the Products in oversized
packaging that does not reasonably inform consumers that they are
mostly buying air. In short, Defendant dupes consumers into paying
extra for empty space.
In making the purchase, Plaintiff relied upon the opaque packaging,
including the size of the package and product label, and that was
designed to encourage consumers like Plaintiff to purchase the
Products. Plaintiff understood the size of the package and product
label to indicate that the amount of product contained therein was
commensurate with the size of the package, and would not have
purchased the Products, or would not have paid a price premium for
the Products, had Plaintiff known that the size of the package and
product label were false and misleading.
The Plaintiff intends to purchase the Products in the future but
cannot reasonably do so without an injunctive relief order from the
Court ensuring Defendant's packaging, labeling, and filling of the
Products is accurate and lawful, at which point Plaintiff will
reasonably be able to rely upon Defendant's representations about
the Products, says the complaint.
The Plaintiff purchased the Defendant's "Sea Salt & Vinegar" and
"Himalayan Pink Salt" protein chips.
Wilde Brands Inc. manufactures and sells a popular line of protein
hips.[BN]
The Plaintiff is represented by:
Kevin J. Cole, Esq.
W. Blair Castle, Esq.
KJC LAW GROUP, A.P.C.
9701 Wilshire Blvd., Suite 1000
Beverly Hills, CA 90212
Phone: (310) 861-7797
Email: kevin@kjclawgroup.com
blair@kjclawgroup.com
WPP PLC: Bids for Lead Plaintiff Appointment Due December 8
-----------------------------------------------------------
WHY: New York, N.Y., October 11, 2025, Rosen Law Firm, a global
investor rights law firm, announces the filing of a class action
lawsuit on behalf of purchasers of American Depositary Shares
("ADS" or "ADSs") of WPP plc (NYSE:WPP) between February 27, 2025
and July 8, 2025, both dates inclusive (the "Class Period"). A
class action lawsuit has already been filed. If you wish to serve
as lead plaintiff, you must move the Court no later than December
8, 2025.
SO WHAT: If you purchased WPP plc ADSs during the Class Period you
may be entitled to compensation without payment of any out of
pocket fees or costs through a contingency fee arrangement.
WHAT TO DO NEXT: To join the WPP plc class action, go
tohttps://rosenlegal.com/submit-form/?case_id=46121or call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action. A class action lawsuit has
already been filed. If you wish to serve as lead plaintiff, you
must move the Court no later than December 8, 2025. A lead
plaintiff is a representative party acting on behalf of other class
members in directing the litigation.
WHY ROSEN LAW: We encourage investors to select qualified counsel
with a track record of success in leadership roles. Often, firms
issuing notices do not have comparable experience, resources, or
any meaningful peer recognition. Be wise in selecting counsel. The
Rosen Law Firm represents investors throughout the globe,
concentrating its practice in securities class actions and
shareholder derivative litigation. Rosen Law Firm achieved the
largest ever securities class action settlement against a Chinese
Company at the time. Rosen Law Firm was Ranked No. 1 by ISS
Securities Class Action Services for number of securities class
action settlements in 2017. The firm has been ranked in the top 4
each year since 2013 and has recovered hundreds of millions of
dollars for investors. In 2019 alone the firm secured over $438
million for investors. In 2020, founding partner Laurence Rosen was
named by law360 as a Titan of Plaintiffs' Bar. Many of the firm's
attorneys have been recognized by Lawdragon and Super Lawyers.
DETAILS OF THE CASE: According to the complaint, defendants
provided overwhelmingly positive statements to investors while, at
the same time, disseminating materially false and misleading
statements and/or concealing material adverse facts concerning the
true state of WPP's media arm; notably, that it was not truly
equipped to handle the ongoing macroeconomic challenges while
competing effectively and had instead begun to lose significant
market share to its competitors. When the true details entered the
market, the lawsuit claims that investors suffered damages.
To join the WPP plc class action, go
tohttps://rosenlegal.com/submit-form/?case_id=46121call Phillip
Kim, Esq. toll-free at 866-767-3653 or email case@rosenlegal.com
for information on the class action.
No Class Has Been Certified. Until a class is certified, you are
not represented by counsel unless you retain one. You may select
counsel of your choice. You may also remain an absent class member
and do nothing at this point. An investor's ability to share in any
potential future recovery is not dependent upon serving as lead
plaintiff.
Attorney Advertising. Prior results do not guarantee a similar
outcome.
Contact Information:
Laurence Rosen, Esq.
Phillip Kim, Esq.
The Rosen Law Firm, P.A.
275 Madison Avenue, 40th Floor
New York, NY 10016
Tel: (212) 686-1060
Toll Free: (866) 767-3653
Fax: (212) 202-3827
case@rosenlegal.com
www.rosenlegal.com [GN]
XCEL ENERGY: Status Report Entered in Arandell Class Action
-----------------------------------------------------------
In the class action lawsuit captioned as ARANDELL CORPORATION v.
XCEL ENERGY INC., Case No. 3:07-cv-00076 (W.D. Wisc., Filed Feb. 9,
2007), the Hon. Judge William M. Conley entered an order entered an
order re status report.
The parties have filed a letter that they call a "status report,"
in which they say that they have "disparate views" about
"developments regarding expert witnesses, including the untimely
death of Plaintiffs' Expert, Dr. Michael Harris," the Court says.
The parties ask to be allowed until October 17 to provide an update
to the court on whether they need a status conference to resolve
the dispute. The court has no objection to the parties providing an
update on October 17. But the only deadline set in this case is the
briefing schedule on whether common questions predominate for the
purpose of class certification, and the first brief is not due
until November 14.
The parties do not ask for an extension of that deadline or explain
whether or how their disputes about the experts affect their
ability to comply with that deadline. If the parties are unable to
resolve the disputes mentioned in their letter, they should put
those disputes in writing and present them to the court,
identifying specifically what they want the court to do. The court
will schedule a conference then if it appears that one is
necessary.
The nature of suit states Diversity-Other Contract.
Xcel Energy is a major U.S. utility company that provides
electricity and natural gas services across parts of eight states.
Headquartered in Minneapolis, Minnesota, it generates and
distributes power from various sources including wind, solar,
nuclear, and natural gas. The company serves residential,
commercial, and industrial customers in Colorado, Michigan,
Minnesota, New Mexico, North Dakota, South Dakota, Texas, and
Wisconsin.[CC]
XTO ENERGY: Wins Summary Judgment Bid vs Brusamonti
---------------------------------------------------
In the class action lawsuit captioned as PETER BRUSAMONTI, et al.,
v. XTO ENERGY INC., Case No. 2:20-cv-00652-CB (W.D. Pa.), the Hon.
Judge Cathy Bissoon entered an order granting the Defendant's
renewed motion for summary judgment.
The Court said that none of the class requirements can be assessed
under the proposed class definition. Numerosity is uncertain,
because of the lack of temporal limits.
Commonality and typicality are lacking because the definition does
not exclude lessors who suffered no improper deductions, let alone
answer whether membership is restricted to those who allegedly were
harmed by the computer update, the Court adds.
The Defendant's renewed Motion for summary judgment will be
granted. Since the Court of Appeals for the Third Circuit remanded
this case for further proceedings, there have been two meaningful
developments. First, Defendant has paid Plaintiffs the $2.57 they
claimed was owing. Second, it has submitted a sworn declaration
from project advisor Holly Green stating, based on personal
knowledge and her review of the Defendant's business and accounting
records, it correctly adjusted its revenue accounting records and
already had fully reimbursed costs improperly deducted.
XTO is an American energy company.
A copy of the Court's memorandum and order dated Sept 30, 2025, is
available from PacerMonitor.com at https://urlcurt.com/u?l=yU2QWW
at no extra charge.[CC]
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2025. All rights reserved. ISSN 1525-2272.
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