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C L A S S A C T I O N R E P O R T E R
Wednesday, October 29, 2025, Vol. 27, No. 216
Headlines
2K GAMES: Plaintiff Seeks to Certify Class & Subclasses
ABBOTT LAB: Legrand Seek to Seal Portions of Class Cert Bid
ABBOTT LABORATORIES: Legrand Seeks OK of Renewed Class Cert Bid
AC SCHULTES: Haughton Files Suit Over FLSA Violation
ACE SOLID: Fails to Pay Proper Wages, Bailey Alleges
AION MANAGEMENT: Faces Turnage Class Suit Over Disputed Fees
ALLSTATE INSURANCE: Robertson Removed from State Ct. C.D. Cal.
AMAZON.COM INC: Bernard Sues Over Improper Business Practices
AMAZON.COM INC: Ebay Data Class Certification Sought
APPLE INC: Martinez-Conde Balks at Illegal Use of copyrighted Works
BAKER & TAYLOR: Edwards Sues Over Mass Layoff Without Prior Notice
BANK OF AMERICA: Faces Suit Ove Improper Banking Practices
BATH & BODY: Faces Richmond Suit Over Unfair Rewards Program
BAYER BUILT: Website Not Fully Accessible to Blind Users, Suit Says
BEELINE.COM LLC: Collect Website Visitor's Data, Sorensen Alleges
BESTWAY USA: Pools Pose Drowning Hazard, Hill Alleges
CAPITAL ONE: Plaintiffs Seek to Withdraw Bid for Class Cert.
CLARO INSURANCE: Rashley Seeks More Time to File Class Cert Bid
CLUB 180: Court Denies Second Injunction Bid in "Streblow"
COINBASE INC: Seeks to Strike Class Allegations in Pearl Suit
COMPU-FACT RESEARCH: Snow Suit Removed to W.D. Missouri
COOKIES KIDS.COM: Hernandez Sues Over Blind-Inaccessible Website
CSL PLASMA: Hull Suit Alleges Data Privacy Violations
CUGINI PIZZERIA: Faces Velasquez Class Suit Over Proper Wages
DISNEY DTC: Forst Seeks Equal Website Access for the Blind
DIVA FAM: Faces Trim Class Suit Over Pricing of Sea Moss Products
DJGN LLC: Zimmerman Seeks to Recover Unpaid Minimum, OT Wages
DRUNK ELEPHANT: Towns Balks at Blind User-Inaccessible Website
ESUPPLEMENTS LLC: Moran Files Suit Over Blind-Inaccessible Website
EXACT SCIENCES: Fails to Secure Personal Info, Funkhouser Says
FASHION NOVA: Has Made Unsolicited Calls, Arnold Suit Claims
FEDEX CORP: Moran Seeks Equal Website Access for the Blind
FEDEX GROUND: Court Rejects Bids to Intervene in "Claiborne"
FEDEX GROUND: Wins Partial Dismissal of Claims in "Claiborne"
FENIX NAPLES: Faces Julien Suit Over Unlawful Tip Pool
FLEET SOLUTIONS: Fails to Pay Proper Wages, Dixon Alleges
FOSTER FARMS: Faces McWhite-York Suit Over Contaminated Corndogs
FOUNDATION FOR CALIFORNIA: Fails to Pay Proper Wages, Daniels Says
GDV CORP: Solorzano Sues Over Restaurant Staff's Unpaid Wages
GMH NORTHERN: Sotiriou Seeks Minimum & OT Wages Under FLSA
GN BANK: Dotey Files Suit Over Abusive Fee Polices and Practices
GOLDEN PLAZA: Property Inaccessible to Disabled People, Suit Says
HAMILTON VPK: Benito Seeks Unpaid Minimum & OT Wages Under FLSA
HARTE HANKS: Fails to Pay Proper Wages, Herrada Alleges
HEALING HOME: Lopez Seeks Equal Website Access for the Blind
HIGH 5: Faces Collins Suit Over Addictive Online Casino
IKEA NORTH AMERICA: Weiler Sues Over Use of Illegal Data Trackers
INSIGHT BEHAVIORAL: Fails to Pay Proper Wages, Frindt Alleges
INSURITY LLC: Heiting Sues Over Improper Data Collection
L'OREAL USA: Towns Balks at Blind User-Inaccessible Website
LENDEAVOR GROUP: Class Cert Bid Filing Due March 13, 2026
LUXOTTICA OF AMERICA: Class Cert Bid Filing Due Nov. 19, 2025
LVNV FUNDING: Shaw Seeks Leave to File Class Cert. Reply
MAREX GROUP: Misreports Intercompany Transactions, Katz Says
MAREX GROUP: Narayanan Sues Over Decline in Stock Price
MCBS LLC: McCollum Files Suit in S.D. Georgia
MDL 3035: Symetra Seeks More Time to File Response
MEDSTAR HEALTH INC: Hoffman Files Suit in D. Maryland
MELNOR INC: Douglass Seeks Final OK of Settlement Deal
MERCEDES-BENZ FINANCIAL: Kitchen Files TCPA Suit in D. Arizona
MERCEDES-BENZ USA: Wadeea Files Suit in N.D. Ohio
MERCK & CO: Benson Seeks Equal Website Access for the Blind
MILLENNIUM DENTAL: Faces Fakhrzadeh Suit Over Dental Laser Warranty
MONSANTO COMPANY: Herbicide Roundup "Defective," Johnson Says
NATURAL BODY: Faces Begic Suit Over Data Privacy Violations
NEW DAY: Fails to Pay Proper Wages, Anderson Suit Alleges
NEW YORK, NY: Plaintiff Seeks to File Renewed Bid for Class Cert
NEWPORT GROUP: Seeks More Time to File Class Response in Ewing
NEWPORT GROUP: Seeks More Time to File Class Response in Jackson
NEWPORT GROUP: Seeks More Time to File Class Response in Russ
NEWPORT GROUP: Seeks More Time to File Class Response in Wade
NEWREZ LLC: Class Cert Bid Filing in Hastings Due April 6, 2026
NORTH CAROLINA: Plaintiffs Seek to File Class Cert Supplement
ORLANDO HEALTH: Seeks to Stay Class Cert Response Deadline
OSHKOSH CORP: Conspires to Fix Fire Trucks' Prices, Suit Says
P & P TRANSPORTATION: Hernandez Sues Over Race Discrimination
PACIFIC SEAFOOD: Olazabal Files Suit in Cal. Super. Ct.
PARKE ENVIRONMENTAL: Macias Files Suit Over Labor Law Violations
PENSKE LOGISTICS: Fails to Pay Proper Wages, Alexander Says
REGAL CINEMAS: Garza Labor Suit Removed to W.D. Wash.
SALESLOFT INC: Clay Sues Over Failure to Safeguard PII
SAMSUNG ELECTRONICS: Gililland Sues Over Unlawful Advertising
SANDISK LLC: Plaintiffs Seek to Certify Class & Subclasses
SANDISK LLC: Plaintiffs Seek to File Docs Under Seal
SCOTTS COMPANY: Calcagno Sues Over Fertilizer Products' False Ads
SCOTTS COMPANY: Fertilizer Products Contain PFAS, Waldner Alleges
SCOUT ENERGY: Filing for Class Cert Bid Extended to Dec. 15
SINGULARITY FUTURE: Settles Crivellaro Shareholder Suit
SKINNY MIXES: CMP & Scheduling Order Entered in Reese Lawsuit
SMK ENTERTAINMENT: Faces Jones Over Blind-Inaccessible Website
SUTTER HEALTH: $4.3MM Class Settlement in Sargony Gets Initial Nod
SYMETRA LIFE: Seeks More Time to File Response in Alexander
SYMMETRY FINANCIAL: Bennett Seeks More Time to File Class Cert Bid
TESOLIFE US: Wills Balks at Blind User-Inaccessible Website
TICKETMASTER LLC: Holmes Suit Transferred to C.D. California
TTI OUTDOOR POWER: Custer Sues Over Dangerous Defective Product
UNITED CEREBRAL: Harris Suit Seeks to Recover Unpaid OT Wages
US LBM: Royston Class Suit Removed to M.D. Pa.
VILLAGES AT NOAH'S: Seeks More Time to File Class Cert Response
VILLANOVA UNIVERSITY: Parties Seeks More Time to File Class Cert.
WALMART INC: Adam Sues Over Mislabeled Protein Shake
WEBER-STEPHEN PRODUCTS: Frost Sues Over Blind-Inaccessible Website
WILKES UNIVERSITY: Buller Sues Over Failure to Safeguard PII
WILKES UNIVERSITY: Fails to Protect Personal Info, Grandinetti Says
YEHUDA SHMIDMAN: Court OKs Settlement Distribution Plan in "D'Arcy"
*********
2K GAMES: Plaintiff Seeks to Certify Class & Subclasses
-------------------------------------------------------
In the class action lawsuit captioned as J.A., a minor, represented
by his mother and next friend Andrea Deams, individually and on
behalf of others similarly situated, v. 2K Games, Inc., and
Take-Two Interactive Software, Inc., Case No. 3:23-cv-05961-JD
(N.D. Cal.), the Plaintiff, on Dec. 4, 2025, will move the Court
pursuant to Federal Rule of Civil Procedure 23 for an order
certifying the following proposed class and subclasses under Rule
23(b)(3):
Class:
"All people in the United States who, from Nov. 17, 2019 to
the present, had purchased virtual currency in an NBA 2K game
account at the time the game's server was shut down and who
were minors (under the age of 18) at the time."
"Purchased virtual currency" means virtual currency purchased
with real money through a first-party platform and is distinct
from virtual currency that is earned.
Conversion Subclass:
"All class members who, from Nov. 17, 2020 to the present, had
purchased virtual currency in an NBA 2K game account at the
time the game's server was shut down and who resided in
California, Nevada, New York, or Virginia at the time."
California Subclass:
"All class members who, from Nov. 17, 2019 to the present, had
purchased virtual currency in an NBA 2K game account at the
time the game's server was shut down and who resided in
California at the time."
The Plaintiff seeks the appointment of Plaintiff J.A., a minor,
represented by his mother and next friend Andrea Deams, as class
representative and Julie Erickson, Elizabeth Kramer, and Kevin
Osborne of Erickson Kramer Osborne LLP as class counsel.
2K develops and publishes video games.
A copy of the Plaintiff's motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ZVI8bP at no extra
charge.[CC]
The Plaintiff is represented by:
Julie c. Erickson, Esq.
Elizabeth A. Kramer, Esq.
Kevin M. Osborne, Esq.
ERICKSON KRAMER OSBORNE LLP
959 Natoma Street
San Francisco, CA 94103
Telephone: (415) 635-0631
Facsimile: (415) 599-8088
E-mail: julie@eko.law
elizabeth@eko.law
kevin@eko.law
ABBOTT LAB: Legrand Seek to Seal Portions of Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as CONDALISA LEGRAND on
behalf of herself, those similarly situated and the general public,
v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the
Plaintiff asks the Court to enter an order granting her
administrative motion to seal portions of Plaintiff's renewed
motion for class certification.
The Plaintiff previously filed an Administrative Motion to Consider
Whether Another Party's Materials Should Be Sealed in connection
with documents submitted in support of her Motion for Class
Certification.
Abbott responded in support of sealing its materials, and the
Plaintiff filed a partial opposition. The Court granted in part and
denied in part the seal motion, finding certain of Abbott’s
materials filed with Plaintiff's initial class certification motion
warranted sealing.
Abbott is an American multinational healthcare company.
A copy of the Plaintiff's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wZtf49 at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Melanie R. Monroe, Esq.
Trevor M. Flynn, Esq.
Allison Ferraro, Esq.
FITZGERALD MONROE FLYNN PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
aferraro@fmfpc.com
- and -
Timothy G. Blood, Esq.
Paula Brown, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
E-mail: tblood@bholaw.com
pbrown@bholaw.com
ABBOTT LABORATORIES: Legrand Seeks OK of Renewed Class Cert Bid
---------------------------------------------------------------
In the class action lawsuit captioned as CONDALISA LEGRAND on
behalf of herself, those similarly situated and the general public,
v. ABBOTT LABORATORIES, Case No. 3:22-cv-05815-TSH (N.D. Cal.), the
Plaintiff, on Nov. 20, 2025, at 10:00 a.m., will move the Court for
an Order amending the Aug. 12, 2025 certification order and
granting the Plaintiff's renewed motion for class certification.
The Plaintiff alleges Abbott deceptively advertises Ensure as
healthy and nutritious. This is the "take away" message consumers
receive from Abbott's marketing efforts. Abbott engaged in a
decades-long branding strategy that conveyed and reinforced this
take-away message.
The Plaintiff's proposed damages models of a full refund and
conjoint analyses are based on well accepted methodologies, are
consistent with Plaintiff’s theory of the liability, and satisfy
Daubert.
Abbott is an American multinational medical devices and health care
company.
A copy of the Plaintiff's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=nHAfO2 at no extra
charge.[CC]
The Plaintiff is represented by:
Jack Fitzgerald, Esq.
Melanie R. Monroe, Esq.
Trevor M. Flynn, Esq.
Allison Ferraro, Esq.
FITZGERALD MONROE FLYNN PC
2341 Jefferson Street, Suite 200
San Diego, CA 92110
Telephone: (619) 215-1741
E-mail: jfitzgerald@fmfpc.com
mmonroe@fmfpc.com
tflynn@fmfpc.com
aferraro@fmfpc.com
- and -
Timothy G. Blood, Esq.
Paula Brown, Esq.
BLOOD HURST & O'REARDON, LLP
501 West Broadway, Suite 1490
San Diego, CA 92101
Telephone: (619) 338-1100
E-mail: tblood@bholaw.com
pbrown@bholaw.com
AC SCHULTES: Haughton Files Suit Over FLSA Violation
----------------------------------------------------
MARK ANTHONY HAUGHTON, all others similarly situated under 29
U.S.C. 216(B), Plaintiff v. A.C. SCHULTES OF FLORIDA, INC., a
Florida company, Defendant, Case No. 1:25-CV-24768 (S.D. Fla.,
October 16, 2025) is a collective action complaint against the
Defendant for damages and other relief relating to Defendant's
violation of the Fair Labor Standard Act.
The complaint relates that Plaintiff Houghton was employed by
Defendant as a non-exempt employee in the position of well driller
from February 26, 2018, through May 16, 2024. In addition, Schultes
currently employs, and has employed, other similarly situated crane
operators, engineers-in-training, well drillers, and pump
installers, all of whom were classified as non-exempt employees.
The complaint alleges that the Defendant's policy and practice is,
and has been, to deprive its non-exempt employees, including
Plaintiff, of their lawfully earned wages by failing to compensate
them for time spent traveling from the designated workplace to a
different job site during the Plaintiff's workday. As a result,
Defendant has failed/refused to pay Plaintiff for all time worked,
including but not limited to overtime hours, and has routinely
failed/refused to properly compute Plaintiff's overtime rate of pay
by neglecting to combine hours worked in more than one job
classification for the same employer within the same workweek. The
Defendant's payroll and compensation policies and practices with
respect to its non-exempt employees are uniform.
Due to Defendant's unlawful pay practices, Plaintiff and all
similarly situated employees have suffered and continue to suffer a
loss of wages and are therefore entitled to recover unpaid overtime
wages for up to three years prior to the filing of their claims,
liquidated damages, prejudgment interest, reasonable attorneys'
fees and costs, and other compensation, says the suit.
Plaintiff Haughton was an employee of Schultes engaged in
construction and repair work.
Schultes is engaged in deep water well construction work.[BN]
The Plaintiff is represented by:
Monica Espino, Esq.
ESPINO LAW
2250 SW 3rd Ave, Suite 400
Miami, Florida 33129
Telephone: (305) 704-3172
Facsimile: (305) 722-7378
E-mail: me@espino-law.com
ACE SOLID: Fails to Pay Proper Wages, Bailey Alleges
----------------------------------------------------
GERALD BAILEY, individually and on behalf of all others similarly
situated, Plaintiff v. ACE SOLID WASTE, INC., Case No.
0:25-cv-03935 (D. Minn., Oct. 14, 2025) seeks to recover from the
Defendant unpaid wages and overtime compensation, interest,
liquidated damages, attorneys' fees, and costs under the Fair Labor
Standards Act.
Plaintiff Bailey was employed by the Defendant as a garbage truck
driver.
Ace Solid Waste, Inc. is a solid waste management services company
that provides waste collection, transfer, dumpster rental, and
recycling services. [BN]
The Plaintiff is represented by:
Michele R. Fisher
NICHOLS KASTER, PLLP
80 South 8th Street, Suite 4700
Minneapolis, MN 55402
Telephone: (612) 256-3200
Facsimile: (612) 338-4878
Email: fisher@nka.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
Email: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
Email: rburch@brucknerburch.com
AION MANAGEMENT: Faces Turnage Class Suit Over Disputed Fees
------------------------------------------------------------
GLORIA TURNAGE, on behalf of herself and all similarly situated
individuals v. AION MANAGEMENT LLC, and AP 11 NORTH LLC, Case No.
3:25-cv-00840 (E.D. Va., Oct. 10, 2025) is an action for actual,
treble, and statutory damages, costs, and attorneys' fees for the
Defendant's violations of the Virginia Consumer Protection Act and
the Virginia Residential Landlord Tenant Act.
The suit arises from AION Management's and AP 11's alleged
fraudulent and unlawful conduct in imposing and collecting a
$10-per-month "pest control reimbursement" and a $10-per-month
"trash reimbursement" that the Defendants represents as necessary
for each tenant to receive pest-control services and a sanitary
premises and as simply reimbursing the actual costs to it of
providing such services, but that are in fact a profit generator
that do not cover the services Defendants claims to be covered and
are not lawful under Virginia law in any event.
Accordingly, the Defendants' conduct is part of an increasingly
common practice by landlords and property management firms across
the country to impose additional so-called "junk fees" on
unsuspecting tenants that are supposed to be covered by the
tenants' monthly rent. Landlords and property managers like
Defendants here utilize these fees in lieu of advertising the true
cost of renting from them so that they can advertise units at a
lower sticker price, only to generate additional profits through
backdoor fees after the prospective tenant has been lured in.
To come up with reasons for these fees, landlords and property
managers represent to tenants that the fees are merely to cover the
costs of specific services, but in reality, they do not intend to
in fact provide those services at the advertised cost and, worse,
conceal from their tenants that they are already required to
provide those services under state law, says the suit.
AION advertises, solicits, or engages in consumer transactions --
namely, the leasing of apartments for personal, family, or
household purposes.[BN]
The Plaintiff is represented by:
Kristi C. Kelly, Esq.
Andrew J. Guzzo, Esq.
Casey S. Nash, Esq.
J. Patrick McNichol, Esq.
Matthew G. Rosendahl, 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
aguzzo@kellyguzzo.com
casey@kellyguzzo.com
pat@kellyguzzo.com
matt@kellyguzzo.com
ALLSTATE INSURANCE: Robertson Removed from State Ct. C.D. Cal.
--------------------------------------------------------------
KEXIN TANG, an individual; RYAN JAMES ROBERTSON, an individual; and
on behalf of all others similarly situated v. ALLSTATE INSURANCE
COMPANY, et al., Case No. 25STCV26286 (Filed Sept. 5, 2025) was
removed from the Superior Court of California, County of Los
Angeles to United States District Court for the Central District of
California on Oct. 10, 2025.
The Central District of California Court Clerk assigned Case No.
2:25-cv-09734 to the proceedings.
The Plaintiffs bring this putative class action alleging causes of
action for breach of contract; breach of the implied covenant of
good faith and fair dealing; and unfair competition in violation of
California Business & Professions Code.
Specifically, the Complaint alleges that Plaintiffs, and each of
the putative class members, had automobile coverage under policies
issued by Defendants and that Defendants wrongfully deducted
excessive costs from payments to Plaintiffs after a total loss of
Plaintiffs' vehicle.
The Defendants include ALLSTATE INDEMNITY COMPANY, ALLSTATE
NORTHBROOK INDEMNITY COMPANY; CENTURY NATIONAL INSURANCE COMPANY;
DIRECT GENERAL INSURANCE COMPANY; ENCOMPASS INSURANCE COMPANY;
ESURANCE PROPERTY AND CASUALTY INSURANCE COMPANY; FIRST COLONIAL
INSURANCE COMPANY; INTEGON NATIONAL INSURANCE COMPANY; INTEGON
PREFERRED INSURANCE COMPANY; MIC GENERAL INSURANCE CORPORATION;
NATIONAL FARMERS UNION PROPERTY AND CASUALTY COMPANY; NATIONAL
GENERAL ASSURANCE COMPANY; NATIONAL GENERAL INSURANCE COMPANY;
NATIONAL GENERAL PREMIER INSURANCE COMPANY; corporations; and DOES
1-50, inclusive.[BN]
The Defendant is represented by:
Mark D. Campbell, Esq.
Katherine Segarini-Jeffries, Esq.
SHOOK, HARDY & BACON L.L.P.
555 Mission St, Ste 2300
San Francisco, CA 94105-0925
Telephone: (415) 544-1900
E-mail: ksegarini@shb.com
mdcampbell@shb.com
AMAZON.COM INC: Bernard Sues Over Improper Business Practices
-------------------------------------------------------------
CHRISTOPHER M. BERNARD, individually and on behalf of LAST MILE
NATIONAL CITY, LLC, and on behalf of all others similarly situated,
Plaintiff v. AMAZON.COM, INC.; AMAZON LOGISTICS, INC.; and DOES
1-20, Defendants, Case No. 2:25-cv-02037 (W.D. Wash., Oct. 20,
2025) allege violations of the Racketeer Influenced and Corrupt
Organizations Act and the Sherman Act.
According to the Plaintiff in the complaint, through a carefully
orchestrated pattern of deception, Amazon lures individuals to
invest their life savings in what it portrays as an independent
business opportunity -- promising they can "own your own business"
with projected profits of $75,000 to $300,000 per year.
In reality, Amazon exercises comprehensive control over virtually
every aspect of the operation, systematically extracting value and
preventing Delivery Service Partner ("DSP") owners from ever
realizing a return on their investment, says the suit.
Amazon.com, Inc. is an online retailer that offers a wide range of
products. The Company products include books, music, computers,
electronics, and numerous other products. Amazon offers
personalized shopping services, Web-based credit card payment, and
direct shipping to customers. [BN]
The Plaintiff is represented by:
Ronald G. Rossi, Esq.
ROSSI & CO. PC
616 33rd Ave NW
Gig Harbor, WA 988335
Telephone: (303) 222-0300
AMAZON.COM INC: Ebay Data Class Certification Sought
----------------------------------------------------
In the class action lawsuit captioned as DEBORAH FRAME-WILSON, et
al., on behalf of themselves and all others similarly situated, v.
AMAZON.COM, INC., a Delaware corporation, Case No.
2:20-cv-00424-JHC (W.D. Wash.), the Parties seek the Court for an
Order Regarding Ebay Data Production Post Class Certification:
The Plaintiffs and eBay stipulate and agree as follows:
1. Good cause exists for a limited extension of fact discovery
to defer any dispute concerning whether, and to what extent,
eBay has satisfied its production obligations under Request
for Production No. 17 until 30 days after the Court issues
its ruling on the Plaintiffs' motion for class certification.
2. eBay will not assert any argument, before this or any court,
that a motion to compel additional transaction-level sales
data in response to Request for Production No. 17 filed by
the Plaintiffs after the Court's ruling on class
certification is untimely because it is filed after the close
of fact discovery.
3. The Plaintiffs and eBay respectively reserve their rights
under Fed. R. Civ. P. 45 and all other rights and objections
concerning the scope, burden, relevance, and/or
proportionality of the Plaintiffs' discovery request to eBay
concerning responsive transaction-level sales data.
On April 14, 2023, the Plaintiffs served a subpoena on eBay,
containing, among other requests, Request for Production No. 17
seeking historical transaction level sales data.
eBay and Plaintiffs negotiated in good faith for several months
about the scope of data that would be reasonable and proportional
for eBay to produce in response to Request for Production No. 17,
with each party preserving their respective positions.
The Plaintiffs and eBay seek leave of Court to defer any dispute
concerning whether, and to what extent, eBay has satisfied its
production obligations under Request for Production No. 17 until 30
days after the Court issues its ruling on Plaintiffs’ motion for
class certification.
The Plaintiffs sought Amazon's position regarding the relief
requested in this stipulated motion and Amazon does not oppose.
Amazon.com is an online retailer that offers a wide range of
products.
A copy of the Parties' motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=9OlKF8 at no extra
charge.[CC]
The Plaintiffs are represented by:
Steve W. Berman, Esq.
Barbara A. Mahoney, Esq.
Kelly Fan, Esq.
Anne F. Johnson, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
E-mail: steve@hbsslaw.com
barbaram@hbsslaw.com
annej@hbsslaw.com
kellyf@hbsslaw.com
- and -
Zina G. Bash, Esq.
Jessica Beringer, Esq.
Shane Kelly, Esq.
Alex Dravillas, Esq.
Roseann Romano, Esq.
KELLER POSTMAN LLC
111 Congress Avenue, Suite 500
Austin, TX, 78701
Telephone: (512) 690-0990
E-mail: zina.bash@kellerpostman.com
Jessica.Beringer@kellerpostman.com
shane.kelly@kellerpostman.com
ajd@kellerpostman.com
roseann.romano@kellerpostman.com
Counsel for Nonparty eBay, Inc.:
Aaron Brecher, Esq.
Robert L. Uriarte, Esq.
ORRICK, HERRINGTON & SUTCLIFFE LLP
401 Union Street, Suite 3300
Seattle, WA 98101
Telephone: (206) 839-4332
E-mail: abrecher@orrick.com
ruriarte@orrick.com
APPLE INC: Martinez-Conde Balks at Illegal Use of copyrighted Works
-------------------------------------------------------------------
SUSANA MARTINEZ-CONDE and STEPHEN L. MACKNIK, on behalf of
themselves and all others similarly situated, Plaintiffs v. APPLE
INC., Defendant, Case No. 5:25-cv-08695 (N.D. Cal., October 9,
2025) alleges that the Defendant infringed upon Plaintiffs' and
Class members' copyrights by reproducing their registered works
without authorization as a part of amassing centralized databases
of training materials and using that data to train its "Apple
Intelligence" AI models on Plaintiffs' and Class members'
copyrighted books and other works.
According to the complaint, Apple has created a set of generative
AI models collectively called Apple Intelligence that it provides
to consumers in its phones, tablets and personal computers. It used
Plaintiffs' and Class members' copyrighted works without their
authorization, without compensating them to train and test their
Apple Intelligence models, an impermissible use far beyond any
applicable license Apple has to sell such books to the users of its
product.
Apple has illegally copied Plaintiffs copyrighted works to train
its AI models, whose outputs compete with and dilute the market for
those very works -- works without which Apple Intelligence would
have far less commercial value. This conduct has damaged
Plaintiffs’ and Class members' intellectual property. It deprived
Plaintiffs and the Class of control over their work, undermined the
economic value of their copyrighted works, and positioned Apple to
achieve massive commercial success through unlawful means, says the
suit.
Apple Inc. is an electronics and media company that designs,
manufactures, and sells software and hardware products, including
iPhone products.[BN]
The Plaintiffs are represented by:
Joseph R. Saveri, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1505
San Francisco, CA 94108
Telephone: (415) 500-6800
Facsimile: (415) 395-9940
E-mail: jsaveri@saverilawfirm.com
BAKER & TAYLOR: Edwards Sues Over Mass Layoff Without Prior Notice
------------------------------------------------------------------
KELLY EDWARDS, individually and on behalf of all others similarly
situated, Plaintiff v. BAKER & TAYLOR, LLC, Defendant, Case No.
2:25-cv-00317-RWS (N.D. Ga., Oct. 15, 2025) alleges violation of
the Worker Adjustment and Retraining Notification Act ("Warn Act"),
the Plaintiff seeks to recover from the Defendant up to 60 days
wages and benefits, pursuant to the Warn Act.
According to the complaint, the Defendant failed to provide 60
days' notice prior to terminating 500 or more employees without
cause in a mass layoff, or before terminating 50 or more employees
in a plant closing. The Plaintiff and the Class that were
terminated constituted mass layoffs and a plant closing without the
60 days' notice in direct violation of the Warn Act, says the
suit.
Baker & Taylor, LLC distributes hard copies and digital versions of
books, videos, music, and games. The Company supplies library
content, software and services through internet, traditional
retailers, and institutional customers. [BN]
The Plaintiff is represented by:
Joseph B. Alonso, Esq.
Daniel H. Wirth, Esq.
ALONSO & WIRTH
1708 Peachtree St., Ste. 303
Atlanta, GA 30309
Telephone: (678) 928-4509
Facsimile: (678) 490-3668
Email: jalonso@alonsowirth.com
dwirth@alonsowirth.com
- and -
J. Gerard Stranch, IV, Esq.
STRANCH, JENNINGS, & GARVEY, PLLC
223 Rosa Parks Ave. Suite 200
Nashville, TN 37203
Telephone: (615) 254-8801
Facsimile: (615) 255-5419
Email: gstranch@stranchlaw.com
- and -
Lynn A. Toops, Esq.
COHENMALAD, LLP
One Indiana Square, Suite 1400
Indianapolis, IN 46204
Telephone: (317) 636-6481
Email: ltoops@cohenmalad.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS BORRELLI, LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@straussborrelli.com
raina@straussborrelli.com
BANK OF AMERICA: Faces Suit Ove Improper Banking Practices
----------------------------------------------------------
JANE DOE, individually and on behalf of all others similarly
situated, Plaintiff v. BANK OF AMERICA, N.A., Case No.
1:25-cv-08520 (S.D.N.Y., Oct. 15, 2025) alleges violation of the
Trafficking Victim Protection Act ("TVPA").
According to the Plaintiff in the complaint, Bank of America for
years provided banking services in connection with Jeffrey Epstein,
the world's most infamous sexual predator, and his sex-trafficking
organization, as well as accounts for Epstein's co-conspirators,
associates, and victims at Epstein's direction.
The Defendant knowingly provided the financial support and the
veneer of institutional legitimacy for Epstein and his
co-conspirators to fuel their international sex-trafficking
organization under the guise of non-criminal business activities.
In exchange for that crucial financial support, Bank of America
knowingly and intentionally benefited and received things of value
from Epstein and his co-conspirators.
Bank of America, National Association operates as a bank. The Bank
offers saving and current account, housing and auto loans, online
banking, mortgage, credit and debit cards, investment planning, and
corporate finance services. [BN]
The Plaintiff is represented by:
David Boies, Esq.
BOIES SCHILLER FLEXNER LLP
55 Hudson Yards, 20th Floor
New York, NY 10001
Telephone: (212) 446-2300
Email: dboies@bsfllp.com
- and -
Sigrid McCawley, Esq.
BOIES SCHILLER FLEXNER LLP
401 E. Las Olas Blvd., Suite 1200
Fort Lauderdale, FL 33316
Telephone: (954) 356-0011
Email: smccawley@bsfllp.com
- and -
Bradley J. Edwards, Esq.
Brittany N. Henderson, Esq.
EDWARDS HENDERSON
425 N. Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Email: brad@cvlf.com
brittany@cvlf.com
BATH & BODY: Faces Richmond Suit Over Unfair Rewards Program
------------------------------------------------------------
LATISHA RICHMOND, individually and on behalf of all others
similarly situated, Plaintiff v. BATH & BODY WORKS, INC.,
Defendant, Case No. 2:25-at-01375 (E.D. Cal., October 9, 2025)
asserts claims on behalf of the Plaintiff and similarly situated
"My Bath & Body Works Rewards" Program members for Defendant's
alleged violation of California's Unfair Competition Law and
California's Consumers Legal Remedies Act.
Bath & Body Works operates the Program that provides rewards and
perks to members. The members of this Program receive 10 Points for
every U.S. Dollar they spend at Bath & Body Works. Once a customer
becomes a member of the Program, that person does not have to pay
for products with U.S. Dollars alone. Instead, members can redeem
Points for Rewards, up to $18.95 value. These Points operate like
seashells, doubloons, or any other medium of exchange that humans
use to barter with each other.
The Plaintiff and other consumers who purchased Points have been
harmed by Defendant's failure to ensure that its Points comply with
gift certificate law. The Plaintiff and class members have each
purchased Points that expired. They did not receive a full refund
of the purchase price for each expired Point, and they did not
receive any goods or services in exchange for the expired Points,
alleges the suit.
Bath & Body Works, Inc. is an American retail store chain that
sells soaps, lotions, fragrances, and candles.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER, P.A.
50 Main Street, Suite 475
White Plains, NY 10606
Telephone: (914) 874-0710
Facsimile: (914) 206-3656
E-mail: pfraietta@bursor.com
- and -
Stefan Bogdanovich, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: sbogdanovich@bursor.com
- and -
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: jdiamond@bursor.com
BAYER BUILT: Website Not Fully Accessible to Blind Users, Suit Says
-------------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated, Plaintiffs v. Bayer Built Woodworks, Inc.,
Defendant, Case No. 0:25-cv-03984 (D. Minn., October 16, 2025) is a
civil rights action against the Defendant concerning its website,
www.bayerbuilt.com, which is not fully and equally accessible to
individuals who are blind or have low vision, in violation of both
the general non-discrimination mandate and the requirements for
effective communication and auxiliary aids and services of the
Americans with Disabilities Act. The Plaintiffs also assert a
companion cause of action under the Minnesota Human Rights Act.
The complaint relates that the Defendant purposefully avails itself
of the benefits and advantages of operating an interactive, online
business open 24 hours a day, 7 days a week, 365 days a year which,
through its Website, enters into contracts for the sale of its
products with residents of Minnesota and participates in the State
of Minnesota's economy by offering and providing services over the
internet and via its brick-and-mortar locations to Minnesota
residents, including the Plaintiffs.
The complaint alleges that the Plaintiffs were injured when they
attempted to access Defendant's Website from Minnesota. 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 the Plaintiffs,
full and equal access to Defendant's online goods, content, and
services.
The Plaintiffs seek a permanent injunction requiring a change in
Defendant's corporate policies to cause its online store to become,
and remain, accessible to individuals with visual disabilities.
The Plaintiffs are legally blind and are residents of Minnesota.
Defendant Bayer Built Woodworks, Inc. is a Minnesota Company that
owns, operates, and controls its Website, offering interior and
exterior home improvement products for sale including, but not
limited to, doors, framing materials, moldings, stair systems, deck
railings, custom services and more.[BN]
The Plaintiffs are 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
Telephone: (763) 515-6110
E-mail: pat@throndsetlaw.com
chad@throndselaw.com
jason@throndsetlaw.com
BEELINE.COM LLC: Collect Website Visitor's Data, Sorensen Alleges
-----------------------------------------------------------------
MATTHEW SORENSEN, individually and on behalf of all others
similarly situated v. BEELINE.COM LLC, a Delaware corporation; and
DOES 1 through 25, inclusive, Case No. 2:25-cv-09751 (C.D. Cal.,
Oct. 10, 2025) Beeline uses data broker software on its website,
https://www.beeline.com, to secretly collect data about a Website
visitor's computer, location, and browsing habits.
According to the complaint, 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.
Beeline offers a cloud-based vendor management system that assists
businesses in managing their non-employee workforce, including
freelancers and contractors.[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
E-mail: rtauler@taulersmith.com
eshapiro@taulersmith.com
BESTWAY USA: Pools Pose Drowning Hazard, Hill Alleges
-----------------------------------------------------
KATRINA HILL; and LISA WEEKS, individually and on behalf of all
others similarly situated, Plaintiffs v. BESTWAY (USA) INC.,
Defendant, Case No. 1:25-cv-08928-RMI (N.D. Cal., Oct. 17, 2025) is
a class action involving hundreds of thousands of dangerously
defective above-ground pools designed, manufactured and sold by
Defendant Bestway (hereinafter the "Pools" or "Products"), which
were subject to a delayed, deficient and defective Recall.
The Plaintiffs allege in the complaint that the Defendant's Pool
Products were dangerously defective at the point of purchase, which
was unknown to reasonable consumers, but known to Bestway. Bestway
concedes through its deficient recall notice that the Pools pose a
drowning hazard.
Had the Plaintiffs, Class Members and the consuming public known
that the Pools were defective, unsuitable for their marketed and
intended use, and risk their children's lives, they would not have
purchased them, says the suit.
Bestway (USA), Inc. was founded in 2010. The company's line of
business includes the wholesale distribution of games, toys, hobby
goods, and supplies. [BN]
The Plaintiffs are represented by:
Trenton R Kashima, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
19800 MacArthur Blvd., STE 270
Irving, CA 92612
Telephone: (619) 810-7047
Email: tkashima@brysonpllc.com
CAPITAL ONE: Plaintiffs Seek to Withdraw Bid for Class Cert.
------------------------------------------------------------
In the class action lawsuit re: Capital One Financial Corporation,
Affiliate Marketing Litigation, Case No. 1:25-cv-00023-AJT-WBP
(E.D. Va.), the Plaintiffs ask the Court to enter an order granting
the motion to withdraw their motion for class certification and all
associated filings, including the following: ECF Nos. 310, 311,
312, 313, 314, 315, 316, 320, 328, 329, 334, 336, and 338.
Capital is a diversified bank that offers a broad array of
financial products and services to consumers, small businesses and
commercial clients.
A copy of the Plaintiffs' motion dated Oct. 10, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lMjLeN at no extra
charge.[CC]
The Plaintiffs are represented by:
Steven T. Webster, Esq.
WEBSTER BOOK LLP
2300 Wilson Blvd., Suite 728
Arlington, VA 22201
Telephone: (888) 987-9991
E-mail: swebster@websterbook.com
- and -
Norman E. Siegel, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
E-mail: siegel@stuevesiegel.com
- and -
E. Michelle Drake, Esq.
BERGER MONTAGUE PC
1229 Tyler Street NE, Suite 205
Minneapolis, MN 55413
Telephone: (612) 594-5999
E-mail: emdrake@bm.net
- and -
Douglas J. McNamara, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
1100 New York Ave. NW, 8th Floor
Washington, DC 20005
Telephone: (202) 408-4600
E-mail: dmcnamara@cohenmilstein.com
- and -
James J. Pizzirusso, Esq.
HAUSFELD LLP
1200 17th Street N.W., Suite 600
Washington, DC 20036
Telephone: (202) 540-7200
E-mail: jpizzirusso@hausfeld.com
CLARO INSURANCE: Rashley Seeks More Time to File Class Cert Bid
---------------------------------------------------------------
In the class action lawsuit captioned as KYLE BUTLER RASHLEY,
individually and on behalf of a class of all persons and entities
similarly situated, v. CLARO INSURANCE, LLC, Case No.
9:25-cv-80492-MD (S.D. Fla.), the Plaintiff asks the Court to enter
an order granting a 60-day extension of the class certification and
affirmative expert disclosure deadlines to allow for resolution of
third party Elevarus's motion for protective order.
The Plaintiff requires discovery from Elevarus to move for class
certification and otherwise prosecute the case on behalf of the
proposed class.
The Plaintiff has diligently sought this discovery, but has been
thwarted by Elevarus's efforts to shield itself and its customer
from potential liability for sending text messages to the Plaintiff
and other consumers identifying Defendant Claro Insurance.
The Defendant will not be prejudiced by the extension.
The Plaintiff has not previously sought an extension of any
deadline.
On April 23, 2025, the Plaintiff filed a putative class action
complaint under the Telephone Consumer Protection Act as a result
of receiving unsolicited telemarketing text messages identifying
Defendant Claro Insurance.
Claro is an insurance company.
A copy of the Plaintiff's motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=qfKNP0 at no extra
charge.[CC]
The Plaintiff is represented by:
Avi R. Kaufman, Esq.
Rachel E. Kaufman, Esq.
KAUFMAN P.A.
237 South Dixie Highway, 4th Floor
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
rachel@kaufmanpa.com
CLUB 180: Court Denies Second Injunction Bid in "Streblow"
----------------------------------------------------------
In the case captioned as Chuck Streblow, Sarah Houston, Imagination
Industries, Inc., Kimberly Hernandez, Jane Doe Dancers #1-25, Casey
Rowe, John Doe Security Guards #1-7, John & Jane Doe Customers
#1-100, and all Similarly Situated Residential & Commercial
Neighbors of Club 180; and Justine Dubois, Plaintiffs, v. Club 180,
AM314, LLC, Matthew Longcor, Ayden Longcor, Nicholas Scalise,
Evron, Inc., Nancy Waggener, Paul Waggener, Bravo1 Security, Inc.,
Michael Elayan, Miroslava Kotsan, Stu Sleeper, David Ekdahl, James
Pull, Blaike Koca, Marley Nygaard, Jalil Tookhi, Malik Harmon,
Abdul Rahmanzai, David Looloo, Brooke Leibert, Elena Rhodd-Morales,
Christina Craft, Toast, Inc., Eric Havermann, Ellie Jaeke, Roman,
Echo, Amira, Jessie, Santana, John & Jane Roes #1-50, Jessica
Richardson, Breauna Hoffman, Teaona Mason, Lanie Wilson, Patience
Elizabeth, Brittney Dinovo, Kiara Morales, Skylar Dickey, Janae
Balt, A. Jansen, Octavia, Sapphire, Winter, Mireya, Tiny, 7 Oaks
Investment Corp., Chad, and Michael Alan Beene, Defendants, Civil
Action No. 8:25CV241(D. Neb.), Senior United States District Judge
Joseph F. Bataillon of the United States District Court for the
District of Nebraska denied Plaintiffs' second motion for temporary
restraining order and preliminary injunction.
The Plaintiffs allege that the Defendants operate an unlawful
all-nude BYOB strip club, Club 180, involved in numerous illicit
and disruptive criminal activities. The Plaintiffs are current and
former employees of Club 180, neighbors to the business, and a
rival business all allegedly harmed by Club 180's activities.
There is also a pending motion to file a second amended complaint
which is opposed by some Defendants. The second amended complaint
contains generally similar allegations with additional facts. The
renumbered fourth cause of action is for civil RICO witness and
attorney intimidation. It alleges Plaintiffs and their attorneys
have received threats due to their involvement in the Club 180
case.
The Court found that Plaintiffs' request for injunctive relief must
be denied. The Plaintiffs purport to seek the injunction on behalf
of a Justine Dubois, whom the Plaintiffs' counsel refers to as both
a key witness and a Jane Doe Plaintiff. However, the Court notes
that Dubois is not a named Plaintiff in this case in either the
operative amended complaint or the proposed second amended
complaint. Rather, it appears Plaintiffs' counsel entered his
appearance on Dubois's behalf as a plaintiff, without leave of the
Court to amend the complaint in order to add her as a party.
The Court noted that Rule 10(a) of the Federal Rules of Civil
Procedure requires that the title of the complaint must name all
the parties. However, the Court has the discretion to allow a party
to proceed anonymously in certain situations. Plaintiffs have not
sought leave for Dubois to proceed anonymously in this Court and in
fact name her in their publicly filed motion, undermining any
purported need for her to remain anonymous. Thus, instead of Dubois
being a Jane Doe plaintiff, it appears she is merely an unnamed
individual who is not a party to this case. The fact Plaintiffs'
counsel attempted to file the injunctive motion on Dubois's behalf
and entered his appearance on her behalf does not transform her
into a party to the action. Dubois, therefore lacks standing to
seek the injunctive relief she purportedly seeks because she is not
a party to this case.
The Court further determined that even if it were to assume Dubois
should be deemed a plaintiff, or if it construed the motion to be
on behalf of the currently existing plaintiffs or those in proposed
in the second amended complaint, it would still deny the motion for
injunctive relief. Plaintiffs fail to show a likelihood of success
on the merits. Plaintiffs claim they are likely to prevail on their
count of witness tampering, but their only argument in support of
this claim is citing to 18 U.S.C. Section 1512, a criminal statute.
They fail demonstrate how they are likely to meet the elements of
any civil cause of action. As in their first motion for temporary
restraining order, Plaintiffs complain about allegedly illegal
conduct but admit that law enforcement has declined to pursue their
complaints. The Court again emphasizes it has no authority to
prosecute law violations in this civil case.
Accordingly, the Court denied Plaintiffs' motion for temporary
restraining order and preliminary injunction for lack of standing
and because they have failed to meet their burden to demonstrate
injunctive relief is warranted.
A copy of the court's decision is available at
https://urlcurt.com/u?l=zZ0L5y from PacerMonitor.com
COINBASE INC: Seeks to Strike Class Allegations in Pearl Suit
-------------------------------------------------------------
In the class action lawsuit captioned as LARRY PEARL, individually
and on behalf of all others similarly situated, v. COINBASE, INC.,
Case No. 3:22-cv-03561-MMC (N.D. Cal.), the Defendant, on Feb. 6,
2026 at 9:00 a.m., will move the Court for an order striking the
class allegations from the Plaintiff's fourth amended class action
complaint ("FAC") or otherwise denying class certification.
The Plaintiff Larry Pearl's claims against Coinbase all fail as a
matter of law for the reasons explained in Coinbase's motion to
dismiss, filed earlier today. But, if any of his claims survive,
this case cannot proceed as a class action because members of the
proposed classes have agreed to arbitrate their claims against
Coinbase and, like Plaintiff, also have agreed to a class action
waiver. As a result, no class can be certified as a matter of law.
The Court should strike the class allegations or otherwise deny
class certification because each of the putative classes, as
defined in the FAC, includes only individuals who have agreed to
arbitrate their substantive claims against Coinbase and agreed to
arbitrate the preliminary question of whether their claims are
arbitrable in the first instance.
Coinbase is an American publicly traded company that operates a
cryptocurrency exchange platform.
A copy of the Defendant's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0wXCSd at no extra
charge.[CC]
The Defendant is represented by:
Randall S. Luskey, Esq.
Kristina A. Bunting, Esq.
Paul D. Brachman, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (628) 432-5100
Facsimile: (628) 232-3101
E-mail: rluskey@paulweiss.com
kbunting@paulweiss.com
pbrachman@paulweiss.com
COMPU-FACT RESEARCH: Snow Suit Removed to W.D. Missouri
-------------------------------------------------------
The case styled as Tonya Snow, on behalf of herself and those
similarly situated v. Compu-Fact Research, Inc., Case No.
25BU-CC01316 was removed from the Circuit Court of County of
Buchanan County, Missouri, to the U.S. District Court for the
Western District of Missouri on Oct. 14, 2025.
The District Court Clerk assigned Case No. 5:25-cv-06177-BP to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
CompUFACT -- https://compufact.com/ -- provides companies with
quick and affordable background checks, drug screens, reference
checks, and driving records on new or existing employees.[BN]
The Plaintiff appears pro se.
The Defendant is represented by:
James M Brodzik, Esq.
HINSHAW & CULBERTSON LLP
701 Market St., Suite 260
Saint Louis, MO 63101
Phone: (618) 310-2325
Email: jbrodzik@hinshawlaw.com
COOKIES KIDS.COM: Hernandez Sues Over Blind-Inaccessible Website
----------------------------------------------------------------
TIMOTHY HERNANDEZ, on behalf of himself and all others similarly
situated v. COOKIES KIDS.COM, INC., Case No. 1:25-cv-05712
(E.D.N.Y., Oct. 10, 2025) sues the Defendant for its failure to
design, construct, maintain, and operate its website,
www.cookieskids.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
people, under the Americans with Disabilities Act.
According to the complaint, the Plaintiff was injured when
Plaintiff attempted multiple times, most recently on January 31,
2025, to access Defendant's Website from Plaintiff's home in an
effort to shop for Defendant’s products, but encountered barriers
that denied the full and equal access to Defendant's online goods,
content, and services.
The Defendant's Website offers products and services for online
sale and general delivery to the public. The Website offers
features which ought to allow users to browse for items, access
navigation bar descriptions, inquire about pricing, and avail
consumers of the ability to peruse the numerous items offered for
sale.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
rsalim@steinsakslegal.com
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
CSL PLASMA: Hull Suit Alleges Data Privacy Violations
-----------------------------------------------------
BRIANNA HULL, individually and on behalf of all others similarly
situated, Plaintiff v. CSL PLASMA, INC., Defendant, Case No.
3:25-cv-01917 (S.D. Ill., Oct. 16, 2025) alleges violation of the
Illinois Genetic Information Privacy Act.
According to the Plaintiff in the complaint, the Defendant chose to
disregard the GIPA and Illinois' genetic privacy laws by repeatedly
asking job applicants and/or employees to provide genetic
information, in the form of family medical history.
The Defendant was or should have been aware of its obligations
under GIPA. Nevertheless, the Defendant intentionally and
recklessly captured, collected, and/or retained Plaintiff's genetic
information in the form of her family medical history in violation
of Illinois law.
As a result, the Defendant's violations were willful because it
knew, or reasonably should have known, that it was failing to
comply with the above-described requirements of GIPA, alleges the
suit.
CSL Plasma Inc. operates as a collector of human blood plasma. The
Company manufactures life-saving biotherapies. [BN]
The Plaintiff is represented by:
Rachel N. Minder, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Email: rminder@sirillp.com
CUGINI PIZZERIA: Faces Velasquez Class Suit Over Proper Wages
-------------------------------------------------------------
LESTER ARGENIS ALMENDARES VELASQUEZ, individually and on behalf of
all others similarly situated v. CUGINI PIZZERIA & RISTORANTE CORP.
and DAKARI SUAREZ PENA and BRANDON SUAREZ PENA, as individuals,
Case No. 2:25-cv-05717 (E.D.N.Y., Oct. 10, 2025) seeks to recover
damages for violations of the Fair Labor Standards Act and New York
Labor Law arising out of the Plaintiff's employment at Cugini
Pizzeria & Ristorante Corp., located at 432 Jericho Tpke, Mineola,
New York City.
According to the complaint, the Defendants failed to provide the
Plaintiff with an accurate wage statement that included all hours
worked and all wages received each week when Plaintiff was paid in
violation of the NYLL. Moreover, the Defendants are aware that they
were not properly compensating Plaintiff and therefore willfully
chose to continue to violate the NYLL by not paying the Plaintiff
proper overtime wages.
As a direct result of the Defendants' violations and failure to
provide proper wage notices and wage statements, the Plaintiff
suffered a concrete harm, resulting from Plaintiff's inability to
identify Plaintiff's employer to remedy his compensation problems,
lack of knowledge about the rates of pay he was receiving and/or
should have receiving for his regular hours and overtime hours,
terms, and conditions of his pay, and furthermore, an inability to
identify his hourly rate of pay to ascertain whether he was being
properly paid in compliance with the FLSA and NYLL -- which he was
not.
The Plaintiff was employed as a cook and food preparer while
performing related miscellaneous duties for the Defendants, from in
or around July 2024 until in or around August 2025.
CUGINI PIZZERIA & RISTORANTE CORP. engaged in restaurant business
with principal place of business in New York.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
DISNEY DTC: Forst Seeks Equal Website Access for the Blind
----------------------------------------------------------
CLARENCE FORST; and TAMMY FROST, individually and on behalf of all
others similarly situated, Plaintiffs v. DISNEY DTC LLC d/b/a ESPN,
Defendant, Case No. 0:25-cv-03970 (D. Minn., Oct. 15, 2025) alleges
violation of the Americans with Disabilities Act.
The Plaintiffs allege in the complaint that the Defendant's Web
site, www.espn.com, is not fully or equally accessible to blind and
visually-impaired consumers, including the Plaintiff, in violation
of the ADA.
The Plaintiffs seek 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.
Disney DTC LLC d/b/a ESPN operates as an entertainment company. The
Company offers media networks, news, parks, resorts, information,
studio, and entertainment services. [BN]
The Plaintiffs are 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
Telephone: (763) 515-6110
Email: pat@throndsetlaw.com
chad@throndselaw.com
jason@throndsetlaw.com
DIVA FAM: Faces Trim Class Suit Over Pricing of Sea Moss Products
-----------------------------------------------------------------
LUCY TRIM and KRISTINE DRINOVSKY, individually and on behalf of all
others similarly situated v. DIVA FAM, INC., d/b/a TRUE SEA MOSS,
Case No. 2:25-cv-09756 (C.D. Cal., Oct. 10, 2025) is a putative
class action lawsuit against the Defendant for engaging in illegal
strikethrough pricing and "automatic renewal" schemes with respect
to its products and services sold through its website at
https://www.trueseamoss.com/.
According to the complaint, the Defendant advertises fictitious
sales prices and phantom discounts on products sold through its
Website. This practice allows Defendant to fabricate fake
"reference prices" for its products, and present the actual prices
as "discounted," when they are not. The result is a sham price
disparity that is per se illegal under California and Oregon laws.
In addition, the Defendant also engages in illegal "automatic
renewal" schemes with respect to its products and services through
its Website.
Relevant to Drinovsky's allegations, when Oregon consumers purchase
a purportedly discounted product from the Website, they are
unwittingly enrolled in an "Auto-Refill" program that results in
automatic purchases of the product every 30 days and,
correspondingly, monthly charges to the consumer's credit card,
debit card, or third-party payment account.
In doing so, the Defendant fails to provide the requisite
disclosures and authorizations required to be made pursuant to
Oregon consumers under Oregon's Automatic Renewal Law, in direct
violation of Oregon's Unlawful Trade Practices Act. The market for
supplements containing sea moss, such as Defendant's products at
issue here, is one of the fastest growing vitamin and supplement
markets in the world.
The Defendant seeks to carve out its own share of this
hypercompetitive market by offering perpetual "sales" and
discounted prices through its Website. Indeed, the Defendant sells
and markets sea moss supplement products online through the True
Sea Moss brand and website, https://www.trueseamoss.com/. It sells
its Products using fake sales, and has used fake sales for years.
Consumers buy the Products believing that they are getting a
discount -- when in fact they are not.
The Defendant's unlawful approach at gaining market share through
false sales pricing is historically effective. Advertised "sale"
prices are important to consumers. Consumers are more likely to
purchase an item if they know that they are getting a good deal.
Further, if consumers think that a sale will end soon, they are
likely to buy now, rather than wait, comparison shop, and buy
something else, the suit alleges
Plaintiff Trim purchased a 16 ounce Mango Sea Moss, a 16 ounce Blue
Spirulina Sea Moss, and Strawberry Sea Moss jar from Defendant's
Website from her home in Downey, California, on April 10, 2025.
Diva Fam Inc. manufactures, markets, and advertises and distributes
its Sea Moss Products throughout the United States, including
California.[BN]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Julia K. Venditti, Esq.
Joshua B. Glatt, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., 9th Floor
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ndeckant@bursor.com
jvenditti@bursor.com
jglatt@bursor.com
DJGN LLC: Zimmerman Seeks to Recover Unpaid Minimum, OT Wages
-------------------------------------------------------------
BRANDON ZIMMERMAN, on behalf of himself and all others similarly
situated, Plaintiff v. DJGN LLC, RICCI CULINARY HOLDING COMPANY
LLC, RICCI CULINARY MANAGEMENT GROUP LLC, and TONY RICCI,
Defendants, Case No. 1:25-cv-00729-MRB (S.D. Ohio, October 9, 2025)
seeks to recover unpaid minimum and overtime wages owed to
Plaintiff and all other similarly situated workers employed by
Defendant, as well as liquidated and other non-wage damages,
attorneys' fees, and costs pursuant to the Fair Labor Standards Act
and Ohio state laws.
The Defendants employed Plaintiff as a server at their Tony's
Steaks & Seafood restaurant in Cincinnati, Ohio from approximately
July 2017 through May 2025. During his employment as a server, the
Plaintiff received hourly wages from Defendants less than both the
federal and Ohio minimum wage rates plus tips. By failing to pay
servers all required minimum and overtime wages pursuant to their
common pay practices and policies, the Defendants violated the
federal and state labor laws, alleges the suit.
DJGN LLC is an Ohio limited liability company doing business as
Tony's Steaks & Seafood restaurant.[BN]
The Plaintiff is represented by:
David W. Garrison, Esq.
Joshua A. Frank, Esq.
Nicole A. Chanin, Esq.
BARRETT JOHNSTON MARTIN & GARRISON, PLLC
200 31st Avenue North
Nashville, TN 37203
Telephone: (615) 244-2202
E-mail: dgarrison@barrettjohnston.com
jfrank@barrettjohnston.com
nchanin@barrettjohnston.com
- and -
Robert E. DeRose, Esq.
Nickole K. Iula, Esq.
Anna R. Caplan, Esq.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
niula@barkanmeizlish.com
acaplan@barkanmeizlish.com
DRUNK ELEPHANT: Towns Balks at Blind User-Inaccessible Website
--------------------------------------------------------------
JESSICA TOWNS, on behalf of herself and all others similarly
situated v. DRUNK ELEPHANT HOLDINGS LLC, Case No. 1:25-cv-08423
(S.D.N.Y., Oct. 10, 2025) sues the Defendant for their failure to
design, construct, maintain, and operate their website,
www.drunkelephant.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, pursuant to the Americans with Disabilities Act.
Accordingly, multiple accessibility audits conducted by the
Plaintiff's counsel confirm persistent violations, including
missing alternative text, unlabeled form fields, keyboard
navigation traps, lack of ARIA roles, and absence of skip links or
semantic landmarks.
The Defendant's failure to remediate -- despite clear federal
guidance and ample opportunity -- reflects a sustained and knowing
disregard for the rights of individuals with disabilities.
The Plaintiff is deeply invested in maintaining her skincare
regimen and relies on ingredient transparency due to a history of
dermatological sensitivity. She specifically sought out Drunk
Elephant because of its reputation for clean formulations,
educational content, and affordability.
The Plaintiff attempted to browse the Website to learn about
product ingredients, build a personalized routine, and complete a
purchase. However, unless Defendant remedies the numerous access
barriers, Plaintiff will continue to be unable to independently
navigate, browse, use, and complete a transaction. The Defendant's
denial of equal access to its Website constitutes unlawful
discrimination under the ADA.
The Plaintiff seeks a permanent injunction requiring Defendant to
revise its corporate policies, practices, and procedures to ensure
that its Website becomes and remains accessible to blind and
visually impaired users.
Drunk Elephant has operated as a public-facing digital platform
since its launch, offering skincare products to a nationwide
consumer base. Despite its commercial success and brand visibility,
the Defendant has failed to implement WCAG-compliant features
across its Website.[BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: rschoenfeld@employeejustice.com
ESUPPLEMENTS LLC: Moran Files Suit Over Blind-Inaccessible Website
------------------------------------------------------------------
WASHINGTON MORAN, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED, Plaintiffs v. ESUPPLEMENTS, LLC, Defendant,
Case No. 1:25-cv-08551 (S.D.N.Y., October 16, 2025) is a civil
rights action against the Defendant for its failure to design,
construct, maintain, and operate its interactive website,
https://ketologic.com to be fully accessible to and independently
usable by Plaintiff and other blind or visually-impaired persons in
violation of the Americans with Disabilities Act.
According to the complaint, the Defendant's online interactive
Website and retail store provides consumers with access to an array
of goods and services including information about Defendant's:
keto-friendly meal replacement shakes, snacks, and supplements, as
well as other types of goods, pricing, terms of service, refund,
privacy policies and internet pricing specials. During Plaintiff's
visits to the website, the last occurring on October 6, 2025, in an
attempt to purchase Grass-Fed Collagen 1lb from Defendant and to
view the information on the website, the Plaintiff encountered
multiple access barriers that denied him a shopping experience
similar to that of a sighted person and full and equal access to
the goods and services offered to the public and made available to
the public.
Due to the inaccessibility of Defendant's Website, blind and
visually-impaired consumers such as Plaintiff, who need
screen-readers, cannot fully and equally use or enjoy the goods,
and services Defendant offers to the public on its Website, says
the suit.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate policies, practices, and procedures so that
Defendant's Website will become and remain accessible to blind and
visually-impaired consumers.
Plaintiff WASHINGTON MORAN is a blind and visually impaired
individual residing in New York, New York.
Defendant ESUPPLEMENTS, LLC operates the Ketologic interactive
Website and online retail store across the United States.[BN]
The Plaintiffs are 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
E-mail: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
EXACT SCIENCES: Fails to Secure Personal Info, Funkhouser Says
--------------------------------------------------------------
JOHN FUNKHOUSER, individually and on behalf of all others similarly
situated, Plaintiff v. EXACT SCIENCES CORP., and EPIC SYSTEMS
CORP., Defendants, Case No. 3:25-cv-00831 (W.D. Wis., October 7,
2025) is a class action against the Defendants for its failure to
properly secure and safeguard Plaintiff's and Class Members'
personally identifiable information and protected health
information.
Between September 13, 2024, and May 9, 2025, hackers targeted and
accessed Defendant Epic's email and network systems and stole
Plaintiff’s and Class Members' sensitive, confidential private
information stored therein, causing widespread injuries to
Plaintiff and Class Members.
The complaint alleges that Defendants failed to adequately protect
Plaintiff's and Class Members' private information––and failed
to even encrypt or redact this highly sensitive data. This
unencrypted, unredacted private information was compromised due to
Defendants' negligent and/or careless acts and omissions and its
utter failure to protect its patients' sensitive data.
The Plaintiff and Class Members are current and former patients of
providers that contracted with Defendant Exact Sciences, which in
turn used Defendant Epic for electronic medical records software.
In order to receive treatment from their providers, Plaintiffs and
Class Members were and are required to entrust Defendants with
their sensitive, non-public private information.
Exact Sciences conducts cancer screening tests, provides
personalized cancer treatment.
Epic provides electronic health record and patient management
systems to its clients.[BN]
The Plaintiff is represented by:
Jeff Ostrow, Esq.
KOPELOWTIZ OSTROW P.A.
One West Las Olas Blvd., Suite 500
Ft. Lauderdale, FL 33301
Telephone: (954) 525-4100
E-mail: ostrow@kolawyers.com
FASHION NOVA: Has Made Unsolicited Calls, Arnold Suit Claims
------------------------------------------------------------
LAKIA ARNOLD, individually and on behalf of all others similarly
situated, Plaintiff v. FASHION NOVA, LLC, Defendant, Case No.
2:25-cv-09849 (C.D. Cal., Oct. 14, 2025) seeks to stop the
Defendants' practice of making unsolicited calls.
Fashion Nova, Inc. provides apparels and footwear. The Company
offers dresses, matching sets, rompers, jeans, lingerie, tops,
pants, leggings, skirts, sweaters, jackets, heels, boots, sneakers,
graphic tees, joggers, shirts, polos, sunglasses, and accessories.
[BN]
The Plaintiff is represented by:
Dana J. Oliver, Esq.
OLIVER LAW CENTER, INC.
8780 19th Street #559
Rancho Cucamonga, CA 91701
Telephone: (855) 384-3262
Facsimile: (888) 570-2021
Email: dana@danaoliverlaw.com
FEDEX CORP: Moran Seeks Equal Website Access for the Blind
----------------------------------------------------------
WASHINGTON MORAN, individually and on behalf of all others
similarly situated, Plaintiff v. FEDEX CORPORATION, Defendant, Case
No. 1:25-cv-08552 (S.D.N.Y., Oct. 16, 2025) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://www.office.fedex.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.
FedEx Corporation delivers packages and freight to multiple
countries and territories through an integrated global network.
[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
FEDEX GROUND: Court Rejects Bids to Intervene in "Claiborne"
------------------------------------------------------------
In the case captioned as Horace Claiborne, Sonjia Monique Bowlin,
Tyshawn Walker, Dezrae Kauhane, Willie Seals, Frederick Eppich,
Jerome Schoolfield, Kristina Travis, Jeremy Winkels, Daniel
Forrester, Mark David Griffeth, Douglas Russell, Kenneth Burton,
Gerald Gensoli, and Thomas Deppiesse, on behalf of themselves and
others similarly situated, Plaintiffs, v. FedEx Ground Package
Systems, Inc., Defendant, Civil Action No. 2:18-cv-01698-RJC (W.D.
Pa.), Judge Robert J. Colville of the United States District Court
for the Western District of Pennsylvania denied three Motions to
Intervene filed by Ryan Systems, Inc., TABE Trucking Inc., and
Cauble Enterprises, Inc.
According to the Complaint, the Named Plaintiffs worked as delivery
drivers for FedEx through ISPs from approximately November 2015
through October 2018 and since approximately 2011. Both Plaintiffs
alleged that they were eligible for overtime compensation under the
FLSA but did not receive it. The Plaintiffs asserted that all of
the delivery drivers who worked alongside them were required to
work under various ISPs and that all of the delivery drivers to
whom Plaintiffs spoke told them that they do not get paid overtime
for their work.
The Proposed Intervenors have each separately moved, pursuant to
Federal Rule of Civil Procedure 24(a) and 24(b), to intervene in
this action in order to request that the Court strike the notices
of consent of, and dismiss with prejudice, certain Opt-In
Plaintiffs who, in the Proposed Intervenors' estimation, do not
meet the definition of the putative class.
In the relevant briefing, the Proposed Intervenors make
substantively (and, in most instances, completely) identical
arguments in support of their respective Motions to Intervene.
Specifically, each of the Proposed Intervenors asserts,
respectively, that it was the direct employer of certain Opt-Ins,
and further asserts that such Opt-Ins did not drive a vehicle
weighing 10,000 pounds or less during any workweek in which those
Opt-Ins worked over 40 hours. The Proposed Intervenors argue that
they have better access to relevant records pertaining to the
Opt-Ins at issue than FedEx, and further argue that the Proposed
Intervenors are, respectively, better suited to present a Motor
Carrier Act exemption defense to the Court than FedEx. The Proposed
Intervenors also assert that each Proposed Intervenor has a
substantial interest in the instant matter because FedEx has
threatened each Proposed Intervenor with a lawsuit for indemnity if
the Proposed Intervenors did not move to intervene in this case.
Plaintiffs oppose the Motions to Intervene, and FedEx does not
oppose the Motions to Intervene.
The Court noted that this is the second attempt to include Service
Providers in this litigation, and FedEx's third time arguing that a
decision in this case will directly impact Service Providers. The
Court stated that essentially, FedEx and the Proposed Intervenors
ask this Court to reconsider a determination that has twice been
reached, first by Judge Dodge and then by the undersigned, in this
matter as to Service Providers' potential interest, or more
accurately lack thereof, in this litigation.
The Court explained that a court has the power to revisit prior
decisions of its own or of a coordinate court in any circumstance,
although as a rule courts should be loathe to do so in the absence
of extraordinary circumstances such as where the initial decision
was clearly erroneous and would make a manifest injustice. The
Court stated that the Proposed Intervenors and FedEx fail to
provide this Court a sufficient basis to revisit the Court's
previous determinations with respect to Service Providers' lack of
a sufficient interest in this litigation.
The Court stated that it has twice determined that Service
Providers do not have a direct stake in this litigation, and this
Court will not casually rethink a decision that has already been
reached on two separate occasions. The Court found that the
Proposed Intervenors fail to set forth a sufficient interest in
this litigation, or that this litigation poses a threat to any such
interest.
Turning to permissive intervention pursuant to Rule 24(b), the
Court found that, even if the Proposed Intervenors satisfied the
requirements of Rule 24(b)(1)(B), the Motions to Intervene make
clear that permitting intervention will result in undue delay of
this action. The Court noted that Rule 24(b)(3) provides that in
exercising its discretion, the court must consider whether the
intervention will unduly delay or prejudice the adjudication of the
original parties' rights.
The Court observed that each of the Proposed Intervenors asserts
that it intends to file a motion to dismiss a very select few of
the approximately 30,000 opt-in plaintiffs in this action. The
Court stated that such motions will clearly delay the adjudication
of this matter, which has been pending for more than three years
and has already involved significant motion practice in the absence
of Service Providers.
The Court noted that the addition of three Service Providers, each
of whom intends to file a motion to dismiss individual opt-ins and
duplicative briefing respecting the issue of decertification, will
serve to make this case more complicated, convoluted, and unwieldy,
and will clearly result in undue delay in this action. In light of
the same, the Court declined to exercise its discretion to permit
intervention under Rule 24(b).
For the reasons discussed above, the Court denied the Motions to
Intervene. The Court found that Service Providers do not have a
sufficient interest in the present action to warrant intervention
as of right under Rule 24(a), and that permitting intervention
would result in undue delay of this action.
A copy of the court's decision is available at
https://urlcurt.com/u?l=SIG5W3 from PacerMonitor.com
FEDEX GROUND: Wins Partial Dismissal of Claims in "Claiborne"
-------------------------------------------------------------
In the case captioned as Horace Claiborne, Sonjia Monique Bowlin,
Tyshawn Walker, Willie Seals, Frederick Eppich, Jerome Schoolfield,
Kristina Travis, Jeremy Winkels, Daniel Forrester, Mark David
Griffeth, Douglas Russell, Kenneth Burton, Gerald Gensoli, and
Thomas Deppiesse, on behalf of themselves and others similarly
situated, Plaintiffs, v. FedEx Ground Package Systems, Inc.,
Defendant, Civil Action No. 2:18-cv-01698-RJC (W.D. Pa.), Judge
Robert J. Colville of the United States District Court for the
Western District of Pennsylvania granted in part the Defendant's
motion to dismiss certain state law claims from the First Amended
Complaint.
FedEx moved to dismiss seven of the state law claims. Respectively,
these Counts assert claims for unpaid overtime compensation under
the laws of Connecticut, Hawaii, Illinois, Maryland, Michigan,
Minnesota, and Pennsylvania.
FedEx asserts that each of these claims fails as a matter of law
because the Named Plaintiffs asserting these claims are not
entitled to overtime pay under the laws of their respective home
states because the state statutes at issue expressly exempt
Plaintiffs or FedEx from the state's overtime requirements. FedEx
argues that, because the plain language of the state statutes at
issue precludes Counts 3, 4, 5, 7, 8, 9, and 12, amendment would be
futile, and dismissal should be with prejudice.
More specifically, FedEx argues that by their plain language, none
of these states' overtime rules apply to any worker whom the
Secretary of Transportation has the power to regulate under the
Motor Carrier Act, and accurately quotes the wage laws of
Connecticut, Illinois, Maryland, and Minnesota as follows:
Connecticut's overtime provisions shall not apply with respect to
any driver or helper with respect to whom the Secretary of
Transportation has power to establish maximum hours of service
under the MCA. Illinois defines employee under its Minimum Wage Law
so that it does not include any individual permitted to work for a
motor carrier and with respect to whom the U.S. Secretary of
Transportation has the power to establish qualifications and
maximum hours of service pursuant to the MCA.
Maryland excludes from overtime requirements any employee for whom
the United States Secretary of Transportation may set
qualifications and maximum hours under the MCA.
Minnesota law defines employee to exclude any individual in a
position for which the United States Department of Transportation
has power to establish qualifications and maximum hours of service
pursuant to the MCA.
FedEx further asserts that Plaintiffs cannot state a claim under
either Hawaii or Michigan law (Counts 4 and 8) because neither
state's overtime requirements apply to employees or employers
covered by the FLSA.
The Plaintiffs oppose the Motion to Dismiss, asserting that the
Motion should be denied for two reasons: (1) the remedial wage
statutes at issue should be construed broadly in favor of coverage,
particularly at the pleading stage; and (2) Plaintiffs' state law
claims are properly pled in the alternative to their FLSA claims.
The Court rejected Plaintiffs' arguments. The Court found that
FedEx is free and the Court is required to accept as true the
factual allegations set forth in the Complaint in the context of a
Rule 12(b)(6) motion. FedEx argues that, even if Plaintiff can come
forward with evidence to support Plaintiffs' allegations that FedEx
is a joint employer under the FLSA, Plaintiffs cannot succeed on
their state law claims.
The Court found that the issue of whether FedEx was an employer
under the FLSA need not be resolved before the Court considers
whether Plaintiffs have, as a matter of law, stated a claim under
the laws of Connecticut, Illinois, Maryland, and Minnesota.
The Court explained that Plaintiffs provide no substantive argument
as to how they could succeed on their state law claims against
FedEx if they cannot prove that FedEx is an employer under the
FLSA. The Third Circuit has explained that the Supreme Court has
even gone so far as to acknowledge that the FLSA's definition of an
employer is the broadest definition that has ever been included in
any one act.
The Court noted that there is no dispute that FedEx is a motor
carrier. Accordingly, if Plaintiffs can prove that FedEx employed
them, they would be employees of a motor carrier and subject to the
DOT's regulatory authority. If Plaintiffs cannot prove that FedEx
employed them under the broad definition provided by the FLSA, the
Court does not perceive how Plaintiffs could establish that FedEx
owes them overtime compensation under state wage statutes.
The Court found that Plaintiffs have not, and could not, plead
their claims under the laws of Connecticut, Illinois, Maryland, and
Minnesota in the alternative.
Regarding the interpretation of state statutes, the Court noted
that FedEx has pointed to case law where courts have interpreted
certain of the state statutes at issue strictly and have held that
the weight of the vehicles driven by a plaintiff is irrelevant
under those statutes. Plaintiffs cite to no case law or other
authority that would specifically support their position, and even
acknowledge that the cases cited by FedEx may ultimately answer the
question regarding the application of these state law exemptions if
Plaintiffs are determined to be employees of FedEx under federal
law.
The Court found that Plaintiffs essentially offer no opposition to
FedEx's arguments that these exemptions apply, and that the weights
of the vehicles driven by Plaintiffs are irrelevant under the wage
laws of Connecticut, Illinois, Maryland, and Minnesota.
Regarding Michigan law, Plaintiffs acknowledge that Michigan's
Workforce Opportunity Wage Act exempts an employer that is subject
to the FLSA. There is no dispute that FedEx could, potentially, be
found to be an employer in this case that is subject to the FLSA.
Plaintiffs again fail to offer any substantive argument as to how
they could fail in establishing that FedEx was an employer under
the FLSA, and somehow succeed in establishing that FedEx was an
employer under Michigan law.
The Court granted FedEx's Motion to Dismiss as to Plaintiffs'
claims under the laws of Connecticut, Illinois, Maryland,
Minnesota, and Michigan. The Court found that amendment of these
claims would be futile, and, given the stage of this litigation,
inequitable, especially where Plaintiffs were put on notice of
FedEx's argument prior to the filing of the Complaint. Accordingly,
the Court dismissed Counts 3, 5, 7, 8, and 9 of the Complaint with
prejudice.
Because Named Plaintiff Dezrae Kauhane, who brought a claim under
Hawaii law, is no longer a party to this action, the Court declined
to address the Motion to Dismiss to the extent that it asserts that
Plaintiffs' claim under Hawaii law (Count 4) should be dismissed.
Because the Court has granted summary judgment in FedEx's favor on
the individual claims brought by Named Plaintiff Douglas Russell,
who brought a claim under Pennsylvania law, the Court likewise
declined to address the Motion to Dismiss to the extent that it
asserts that Plaintiffs' claim under Pennsylvania law (Count 12)
should be dismissed.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=9kNFjT from PacerMonitor.com
FENIX NAPLES: Faces Julien Suit Over Unlawful Tip Pool
------------------------------------------------------
ELISABETH JULIEN and KAYLA SABIN, on behalf of themselves and those
similarly situated, Plaintiffs v. FENIX NAPLES, LLC d/b/a RODIZIO
GRILL, and VALENTINO ARENAS, Individually, Defendants, Case No.
2:25-cv-00886 (M.D. Fla., October 7, 2025) is an action seeking to
recover Plaintiff's unpaid minimum wages under the Fair Labor
Standards Act and the Florida Minimum Wage Amendment as a result of
Defendants' engagement in an unlawful tip pool.
The complaint asserts that Plaintiffs and the other similarly
situated employees are owed minimum wages for the time spent deep
cleaning the restaurant and not in their tipped occupation.
Plaintiff Julien was hired as a server in October 2017. She became
a bartender in 2018 and a "supervisor" in 2019. Plaintiff Julien
held this position until her separation from employment in May
2025.
Plaintiff Sabin was also hired as a server in 2019. She remained
employed in that role until May 27, 2025.
Fenix Naples, LLC operates Brazilian Steakhouse restaurants,
including one in Coconut Point Mall in Estero, Florida.[BN]
The Plaintiffs are represented by:
Jason L. Gunter, Esq.
Conor P. Foley, Esq.
Peter M. Jennings, Esq.
GUNTERFIRM
2165 W. First St., #104
Fort Myers, FL 33901
Telephone: (239) 334-7017
E-mail: Jason@GunterFirm.com
Conor@GunterFirm.com
Peter@GunterFirm.com
FLEET SOLUTIONS: Fails to Pay Proper Wages, Dixon Alleges
---------------------------------------------------------
ANTHONY DIXON, individually and on behalf of all others similarly
situated, Plaintiff v. FLEET SOLUTIONS OF HUDSON LLC; and JOHN
MINGOLELLI, Defendants, Case No. 8:25-cv-02817 (M.D. Fla., Oct. 15,
2025) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiff Dixon was employed by the Defendants as a vehicle
detailer/transporter.
Fleet Solutions of Hudson LLC is engaged in the business as general
automotive repair. [BN]
The Plaintiff is represented by:
Wolfgang M. Florin, Esq.
Troy E. Longman, II, Esq.
LORIN | GRAY
16524 Pointe Village Drive, Suite 100
Lutz, FL 33558
Telephone (727) 254-5255
Facsimile (727) 483-7942
Email: wolfgang@floringray.com
tlongman@floringray.com
FOSTER FARMS: Faces McWhite-York Suit Over Contaminated Corndogs
----------------------------------------------------------------
Kamonica McWhite-York, individually and on behalf of all others
similarly situated v. Foster Farms, LLC, Case No. 1:25-at-00934
(E.D. Cal., Oct. 10, 2025) alleges that the Defendant failed to
adequately design, manufacture, test, inspect, and monitor the
production process of the recalled products, allowing contaminated
food to enter the stream of commerce on a massive scale.
According to the complaint, the Defendant failed to warn consumers
in a timely and adequate manner, instead allowing adulterated
products to remain on shelves and in consumer homes for months
before a recall was announced. The contaminated products were
believed to have been produced between July 30, 2025, and Aug. 4,
2025.
On Oct. 4, 2025, Foster Farms announced a recall of its Chicken and
Turkey Corndogs on a stick after the discovery of wood within the
batter. According to public news reports, the Defendant is
recalling 3.8 Million pounds of their chicken/turkey corn dog
products because of this contamination hazard.
The Plaintiff and Class Members suffered economic loss because they
paid for products that had no value, resulting in a total failure
of consideration and loss of the benefit of the bargain.
The Plaintiff is a purchaser of The Foster Farms Company's Corn
Dogs.
Foster Farms, LLC is a privately held American poultry company
since 1939. [BN]
The Plaintiff is represented by:
John C. Bohren, Esq.
YANNI LAW, APC
145 S Spring St; No. 850
Los Angeles, CA 90012
Telephone: (619) 433-2803
Facsimile: (800) 867-6779
- and -
Andre Belanger, Esq.
Antonio A. Cifuentes Jr. , Esq.
POULIN | WILLEY | ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
Facsimile: (843) 494-5536
E-mail: Andre.Belanger@poulinwilley.com
Tony.Cifuentes@poulinwilley.com
cmad@poulinwilley.com
FOUNDATION FOR CALIFORNIA: Fails to Pay Proper Wages, Daniels Says
------------------------------------------------------------------
SHAR DANIELS, individually and on behalf of all others similarly
situated, Plaintiff v. FOUNDATION FOR CALIFORNIA COMMUNITY
COLLEGES, Defendant, Case No. 2:25-at-01399 (E.D. Cal., Oct. 15,
2025) seeks to recover from the Defendant unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Daniels was employed by the Defendant as a call center
agent.
Foundation For California Community Colleges is a 501(c)(3)
nonprofit organization with headquarters in Sacramento, California.
[BN]
The Plaintiff is represented by:
Kevin J. Stoops, Esq.
SOMMERS SCHWARTZ, P.C.
1801 Century Park East, Suite 860
Los Angeles, CA 90067
Telephone: (248) 355-0300
Email: kstoops@sommerspc.com
GDV CORP: Solorzano Sues Over Restaurant Staff's Unpaid Wages
-------------------------------------------------------------
OSCAR FLORES SOLORZANO, individually and on behalf of all others
similarly situated v. GDV CORP., d/b/a CENTRE PIZZERIA, JOSEPH
LAROCCA and MICHAEL LAROCCA, as individuals, Case No. 1:25-cv-05720
(E.D.N.Y. Oct. 10, 2025) seeks compensatory damages and liquidated
damages pursuant to the Fair Labor Standards Act and the New York
Labor Law.
Accordingly, the Defendants were aware that they were not properly
compensating Plaintiff and therefore willfully chose to continue to
violate the NYLL by not paying Plaintiff proper overtime wages and
spread of hours.
As a direct result of the Defendants' violations and failure to
provide proper wage notices, the Plaintiff suffered a concrete
harm, resulting from Plaintiff's inability to identify the
Plaintiff's employer to remedy his compensation problems, lack of
knowledge about the rates of pay he was receiving and/or should
have been receiving for his regular hours and overtime hours,
terms, and conditions of his pay, and furthermore, an inability to
identify his hourly rate of pay to ascertain whether he was being
properly paid in compliance with the FLSA and NYLL -- which he was
not.
The Plaintiff also seeks interest, attorneys' fees, costs, and all
other legal and equitable remedies this Court deems appropriate.
The Plaintiff was employed by Defendants at Centre Pizzeria, from
March 2007 until August 2025.
The Defendant operates Pizza Restaurant.[BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Telephone: (718) 263-9591
GMH NORTHERN: Sotiriou Seeks Minimum & OT Wages Under FLSA
----------------------------------------------------------
FOTIOS SOTIRIOU, SURINDER PAL, THOMAS HATSIOS, and GRIGORIOS
PAPACHRISTOU, individually and on behalf of others similarly
situated v. GMH NORTHERN CORP., GMH ROOSEVELT LLC and GEORGE M.
HRISIKOPOULOS, Case No. 1:25-cv-05721 (E.D.N.Y., Oct. 10, 2025)
seeks to recover unpaid minimum and overtime wages pursuant to the
Fair Labor Standards Act of 1938 and the New York Labor Law.
The Plaintiffs worked for the Defendants in excess of 40 hours per
week, without appropriate minimum wage, overtime, and spread of
hours compensation for the hours that they worked.
Rather, the Defendants failed to maintain accurate recordkeeping of
the hours worked and failed to pay Plaintiffs appropriately for any
hours worked, either at the straight rate of pay or for any
additional overtime premium. Further, the Defendants failed to pay
Plaintiffs the required "spread of hours" pay for any day in which
they had to work over 10 hours a day.
The Plaintiffs were employed as car wash and gas station attendants
at the car wash/gas station located at 76-11 Northern Blvd, Jackson
Heights, New York City.
The Defendants own, operate, or control a car wash/gas
station.[BN]
The Plaintiffs are represented by:
Clifford Tucker, Esq.
SACCO & FILLAS, LLP
31-19 Newtown Ave. 7th Floor
Astoria, NY 11102
Telephone: (718) 269-2243
E-mail: CTucker@SaccoFillas.com
GN BANK: Dotey Files Suit Over Abusive Fee Polices and Practices
----------------------------------------------------------------
VICKIE DOTEY, individually and on behalf of all others similarly
situated, Plaintiff v. GN BANK, Defendant, Case No. 1:25-cv-03270
(D. Colo., October 16, 2025) is a class action complaint against
the Defendant for its abusive practice of repeatedly charging
customers multiple fees on a single transaction.
The Plaintiff alleges that GN charged her non-sufficient funds
("NSF") fees on transactions that were resubmitted by merchants for
payment, without her request to reprocess those transactions. As a
result, the Plaintiff brings this action challenging the
Defendant's routine practices of: (a) assessing more than one NSF
fee or overdraft fee ("OD Fee") on the same transaction; and (b)
assessing an OD Fee on transactions that did not actually overdraw
the customer's checking account. GN's customers have allegedly been
harmed by these improper practices, resulting in millions of
dollars unlawfully withdrawn from their accounts in violation of
GN's clear contractual commitments.
The Plaintiff seeks to end the Defendant's abusive and predatory
practices and to compel the refund of all improper charges. She
asserts a claim for breach of contract, including breach of the
covenant of good faith and fair dealing, and seeks damages,
restitution, and injunctive relief.
The Plaintiff is a customer of GN and is a Colorado citizen.
GN is a bank with over $980 million in assets and is headquartered
and with its principal place of business in Girard, Kansas.[BN]
The Plaintiff is represented by:
Sophia G. Gold
490 43rd Street, No. 122
Oakland, CA 94609
Telephone: (202) 350-4783
sgold@kalielgold.com
- and -
Jeffrey D. Kaliel
Amanda J. Rosenberg
1100 15th Street NW, 4th Floor
Washington, D.C. 20005
Telephone: (202) 350-4783
jkaliel@kalielpllc.com
arosenberg@kalielgold.com
GOLDEN PLAZA: Property Inaccessible to Disabled People, Suit Says
-----------------------------------------------------------------
NIGEL FRANK DE LA TORRE PARDO, individually and on behalf of all
others similarly situated, Plaintiff v. GOLDEN PLAZA RETAIL 2018,
LLC, Defendant, Case No. 1:25-cv-24795-XXXX (S.D. Fla., Oct. 17,
2025) alleges violation of the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendants'
commercial property located at 7832-42 SW 24th Street Miami,
Florida 33155, is not accessible to mobility-impaired individuals
in violation of ADA.
Golden Plaza Retail 2018, LLC owns and operates commercial
properties in Miami, Florida. [BN]
The Plaintiff is represented by:
Anthony J. Perez, Esq.
ANTHONY J. PEREZ LAW GROUP, PLLC
7950 W. Flagler Street, Suite 104
Miami, Florida 33144
Telephone: (786) 361-9909
Facsimile: (786) 687-0445
Primary E-Mail: ajp@ajperezlawgroup.com
Secondary E-Mails: jr@ajperezlawgroup.com
HAMILTON VPK: Benito Seeks Unpaid Minimum & OT Wages Under FLSA
---------------------------------------------------------------
ANTONINO BENITO ANTONIO, individually and on behalf of others
similarly situated v. HAMILTON VPK LLC (D/B/A TACO AZTECA/LOS
PANCHITOS), RUBEN MESA and ABEL ANTONIO RODRIGUEZ, Case No.
1:25-cv-08404 (S.D.N.Y., Oct. 10, 2025) seeks to recover unpaid
minimum and overtime wages pursuant to the Fair Labor Standards Act
of 1938 and the New York Labor Law.
According to the complaint, the Plaintiff Benito worked for the
Defendants in excess of 40 hours per week, without appropriate
minimum wage, overtime, and spread of hours compensation for the
hours that he worked. Rather, the Defendants failed to maintain
accurate recordkeeping of the hours worked and failed to pay
Plaintiff Benito appropriately for any hours worked, either at the
straight rate of pay or for any additional overtime premium.
Further, the Defendants failed to pay Plaintiff Benito the required
"spread of hours" pay for any day in which he had to work over 10
hours a day. The Defendants' conduct extended beyond Plaintiff
Benito to all other similarly situated employees, says the suit.
Mr. Benito is a former employee of the Defendants.
The Defendants own, operate, or control two Mexican taco carts,
located at 3560 Broadway, New York City under the names "Taco
Azteca" and "Los Panchitos" respectively.[BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
HARTE HANKS: Fails to Pay Proper Wages, Herrada Alleges
-------------------------------------------------------
KAROL HERRADA, individually and on behalf of all others similarly
situated, Plaintiff v. HARTE HANKS RESPONSE MANAGEMENT/AUSTIN,
INC.; and HARTE HANKS, INC., Defendants, Case No. 1:25-cv-13025-MJJ
(D. Mass., Oct. 16, 2025) seeks to recover from the Defendants
unpaid wages and overtime compensation, interest, liquidated
damages, attorneys' fees, and costs under the Fair Labor Standards
Act.
Plaintiff Herrada was employed by the Defendants as a licensed
healthcare team member.
Harte Hanks Response Management/Austin, Inc. provides services
including customer care, fulfillment, logistics, and customer
experience services to a variety of industries. [BN]
The Plaintiff is represented by:
Nicholas J. Carbone, Esq.
AREND|CARBONE, P.C
68 Main Street, Unit 1096
Leominster, MA 01453
Telephone: (978) 987-6163
Email: ncarbonelaw@gmail.com
- and -
David J. Steiner, Esq.
Anthony J. Lazzaro, Esq.
THE LAZZARO LAW FIRM, LLC
34555 Chagrin Boulevard, Suite 250
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
Email: david@lazzarolawfirm.com
anthony@lazzarolawfirm.com
HEALING HOME: Lopez Seeks Equal Website Access for the Blind
------------------------------------------------------------
VICTOR LOPEZ, individually and on behalf of all others similarly
situated, Plaintiff v. HEALING HOME FOODS, INC., Defendant, Case
No. 1:25-cv-08641 (S.D.N.Y., Oct. 18, 2025) alleges violation of
the Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, https://healinghomefoods.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.
Healing Home Foods, Inc. is an online retailer and provider of
vegan granolas, crackers, chips, nuts, sweet treats, and other
assorted snacks. [BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
Dana L. Gottlieb, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES PLLC
150 East 18th Street, Suite PHR
New York, NY 10003
Tel: (212) 228-9795
Fax: (212) 982-6284
Email: Jeffrey@Gottlieb.legal
Dana@Gottlieb.legal
Michael@Gottlieb.legal
HIGH 5: Faces Collins Suit Over Addictive Online Casino
-------------------------------------------------------
KENNILLE COLLINS, individually and on behalf of all others
similarly situated, Plaintiff v. HIGH 5 ENTERTAINMENT, LLC d/b/a
HIGH 5 CASINO, Defendant, Case No. 1:25-cv-12766 (N.D. Ill., Oct.
20, 2025) is an action arising out of the Defendant's operation of
an illegal online casino in violation of Illinois law.
According to the Plaintiff in the complaint, to evade regulatory
scrutiny and mislead consumers, High 5 markets itself as a "social
casino." This designation is purely cosmetic, designed to create
the false impression that the platform provides benign,
entertainment-only gameplay, when in reality it facilitates and
profits from illegal gambling.
The complaint added that under Illinois law, gambling is strictly
regulated. The state's regulatory framework mandates that such
games may only be offered by licensed operators at approved
physical locations. High 5's operations flout these legal
requirements by providing unlicensed gambling services to Illinois
residents via the internet, says the suit.
High 5 Entertainment, LLC d/b/a High 5 Casino is a game developer,
specializing in creating innovative slot games for both online and
land-based casinos. [BN]
The Plaintiff is represented by:
Scott Edelsberg, Esq.
Gabriel Mandler, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
Email: scott@edelsberglaw.com
gabriel@edelsberglaw.com
- and -
Andrew Shamis, Esq.
Edwin Elliott, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
Email: ashamis@shamisgentile.com
edwine@shamisgentile.com
IKEA NORTH AMERICA: Weiler Sues Over Use of Illegal Data Trackers
-----------------------------------------------------------------
ERIN WEILER, individually and on behalf of all others similarly
situated, Plaintiff v. IKEA NORTH AMERICA SERVICES, LLC, Defendant,
Case No. 2:25-cv-09659 (C.D. Cal., October 9, 2025) arises from the
Defendant's alleged violation of the California Invasion of Privacy
Act.
According to the complaint, the Defendant owns and operates the
website ikea.com/us. When users visit IKEA's website, the Defendant
causes at least two trackers -- the Meta Pixel and TikTok Pixel --
to be installed on Website visitors' Internet browsers. These
invisible trackers secretly collect a vast array of data about
website visitors in a process referred to in the industry as
"fingerprinting."
By installing and using the Trackers without Plaintiff's prior
consent and without a court order, IKEA violates CIPA, says the
suit.
The Plaintiff has visited the IKEA website numerous times over the
last several years, including most recently on December 15 and 17,
2024; and on May 2, 28, and 30, 2025.
IKEA North America Services, LLC, is a Delaware corporation with
its U.S. headquarters and principal place of business in
Pennsylvania.[BN]
The Plaintiff is represented by:
Yeremey O. Krivoshey, Esq.
SMITH KRIVOSHEY, PC
166 Geary Street, Ste. 1500-1507
San Francisco, CA 94108
Telephone: (415) 839-7000
E-mail: yeremey@skclassactions.com
- and -
Joel D. Smith, Esq.
SMITH KRIVOSHEY, PC
867 Boylston Street, 5th Floor, Ste. 1520
Boston, MA 02116
Telephone: (617) 377-7404
E-mail: joel@skclassactions.com
INSIGHT BEHAVIORAL: Fails to Pay Proper Wages, Frindt Alleges
-------------------------------------------------------------
JASON FRINDT, individually and on behalf of all others similarly
situated, Plaintiffs v. LINDSEY FASCIONE, individually and as
Administrator of the Estate of Jeremy Meduri; INSIGHT BEHAVIORAL
CONSULTING, LLC; and INSIGHT PSYCHIATRIC CLINIC, LLC, Defendants,
Case No. 1:25-cv-02226 (N.D. Ohio, Oct. 17, 2025) seeks to recover
from the Defendants unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Frindt was employed by the Defendants as a chief
technology officer.
Insight Behavioral Consulting, LLC provides in-school and
after-school services for children and adolescents with behavioral
barriers. [BN]
The Plaintiff is represented by:
Scott D. Perlmuter, Esq.
TITTLE & PERLMUTER
4106 Bridge Avenue
Cleveland, OH 44113
Telephone: (216) 222-2222
Facsimile: (888) 604-9299
Email: scott@tittlelawfirm.com
INSURITY LLC: Heiting Sues Over Improper Data Collection
--------------------------------------------------------
JANE HEITING, individually and on behalf of all others similarly
situated, Plaintiff v. INSURITY LLC; and DOES 1 through 25,
inclusive, Defendants, Case No. 2:25-cv-09990 (C.D. Cal., Oct. 17,
2025) alleges violation of the California Trap and Trace Law.
According to the Plaintiff in the complaint, the Defendants use
data broker software on its website -- https://insurity.com/ (the
"Website") -- to secretly collect data about a Website visitor's
computer, location, and browsing habits. The data broker software
then compiles this data and correlates that data with extensive
external records it already has about most Californians in order to
learn the identity of the Website user.
The Defendant's installation and use of data broker software
without obtaining consent is a violation of the California Trap and
Trace Law, alleges the suit.
Insurity LLC provides technology solutions for insurance services.
The Company offers policy and claims solutions, integrated suites,
digital enablement. [BN]
The Plaintiff is represented by:
Robert Tauler, Esq.
J. Evan Shapiro, Esq.
TAULER SMITH LLP
626 Wilshire Boulevard, Suite 550
Los Angeles, California 90017
Telephone: (213) 927-9270
Email: rtauler@taulersmith.com
eshapiro@taulersmith.com
L'OREAL USA: Towns Balks at Blind User-Inaccessible Website
-----------------------------------------------------------
JESSICA TOWNS, on behalf of herself and all others similarly
situated, v. L'OREAL USA INC., d/b/a YOUTH TO THE PEOPLE; d/b/a
CERAVE, Case No. 1:25-cv-08423 (S.D.N.Y., Oct. 10, 2025) sues the
Defendant for their failure to design, construct, maintain, and
operate their websites, www.youthtothepeople.com and
www.cerave.com, to be fully accessible to and independently usable
by the Plaintiff and other blind or visually-impaired persons,
pursuant to the Americans with Disabilities Act.
According to the complaint, multiple accessibility audits conducted
by the Plaintiff's counsel confirm persistent violations, including
missing alternative text, unlabeled form fields, keyboard
navigation traps, lack of ARIA roles, and absence of skip links or
semantic landmarks. The Defendant's failure to remediate -- despite
clear federal guidance and ample opportunity -- reflects a
sustained and knowing disregard for the rights of individuals with
disabilities, says the suit.
The Plaintiff attempted to browse the Website to learn about
product ingredients, build a personalized routine, and complete a
purchase. However, unless Defendant remedies the numerous access
barriers, the Plaintiff will continue to be unable to independently
navigate, browse, use, and complete a transaction. The Defendant's
denial of equal access to its Website constitutes unlawful
discrimination under the ADA.
The Plaintiff seeks a permanent injunction requiring Defendant to
revise its corporate policies, practices, and procedures to ensure
that its Website becomes and remains accessible to blind and
visually impaired users.
The Defendant owns and operates the brands Youth To The People and
CeraVe, both of which maintain interactive
websites—www.youthtothepeople.com and www.cerave.com—offering
nationwide access to skincare products, ingredient education,
subscription services, and personalized product
recommendations.[BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq.
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
E-mail: rschoenfeld@employeejustice.com
LENDEAVOR GROUP: Class Cert Bid Filing Due March 13, 2026
---------------------------------------------------------
In the class action lawsuit captioned as ERICA CARDENAS, v.
LENDEAVOR GROUP LLC, Case No. 1:25-cv-05817-LGS (S.D.N.Y.), the
Hon. Judge Lorna Schofield entered a civil case management plan and
scheduling order:
-- Initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1) shall
be completed not later than Oct. 12, 2025.
-- The Plaintiff's deadline to serve expert report(s) and
disclosures directed to class certification shall be Feb. 13,
2026.
Lendeavor's deadline to serve expert reports(s) and
disclosures directed to class certification shall be March 13,
2026.
The deadline to complete expert discovery directed to class
certification (inclusive of expert depositions) shall be
March 30, 2026.
-- Initial requests for production of documents pursuant to Fed.
R. Civ. P. shall be served no later than Nov. 14, 2025.
-- On April 21, 2026, a pre-motion conference will be held for
any class certification motions.
-- A party wishing to file a class certification motion shall
file a pre-motion letter by April 8, 2025.
A copy of the Court's order dated Oct. 9, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=6WKvKP at no extra
charge.[CC]
LUXOTTICA OF AMERICA: Class Cert Bid Filing Due Nov. 19, 2025
-------------------------------------------------------------
In the class action lawsuit captioned as PASSION GABOUREL,
individually and on behalf of all others similarly situated, v.
LUXOTTICA OF AMERICA INC. d/b/a LENSCRAFTERS, an Ohio corporation;
LUXOTTICA RETAIL NORTH AMERICA, INC., a business entity of unknown
form; and DOES 1 through 50, inclusive, Case No.
2:22-cv-00471-FWS-MAA (C.D. Cal.), the Plaintiff, on Nov. 13, 2025,
will move the Court for an order modifying the Scheduling Order to
allow the Plaintiff to file a motion for class certification
excluding individuals who are subject to an arbitration agreement
and extending all other deadlines approximately 120 days, as
follows:
New Date
Deadline to file motion for class Nov. 19, 2025
certification ("MFCC"):
The Defendant's opposition to MFCC due: Nov. 26, 2025
The Plaintiff's reply in support of MFCC Dec. 4, 2025
due:
Hearing on MFCC: Dec. 18, 2025
Non-expert discovery cut-off: Jan. 16, 2026
Last day to hear motions: March 13, 2026
In the alternative, the Plaintiff moves this Court for an order
extending all deadlines, other than deadlines related to
Plaintiff’s motion for class certification, approximately 120
days to allow the Plaintiff to conduct merits discovery on the
Plaintiff's non-certified claims.
The Defendant has not identified any prejudice that would result
from the requested amendment of the Scheduling Order. To the extent
that Defendant argues that it will be prejudiced by delay, any
delay will be brief and will not result in any significant
prejudice. On the other hand, the Plaintiff and the putative class
members will suffer irreparable harm if the requested relief is not
granted.
The Plaintiff filed this putative wage and hour class action on
Nov. 23, 2021. On Jan. 22, 2022, the Defendant removed the case to
federal court under the Class Action Fairness Act.
Luxottica offers prescription glasses and sunglasses.
A copy of the Plaintiff's motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=AT0G4E at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Launa Adolph, Esq.
Kayvon Sabourian, Esq.
MATTERN LAW GROUP, PC
2101 E. El Segundo Blvd., Suite 403
El Segundo, CA 90245
Telephone: (310) 431-1900
E-mail: KSabourian@maternlawgroup.com
LVNV FUNDING: Shaw Seeks Leave to File Class Cert. Reply
--------------------------------------------------------
In the class action lawsuit captioned as BETSY SHAW, individually
and on behalf of all others similarly situated, v. LVNV FUNDING
LLC, a foreign limited liability co., and LLOYD & MCDANIEL, PLLC
d/b/a LLOYD & MCDANIEL, PLC, a foreign limited liability co., Case
No. 4:24-cv-00205-MW-MAF (N.D. Fla.), the Plaintiff asks the Court
to enter an order granting unopposed motion for leave to file reply
in support of renewed motion for class certification
The Plaintiff filed her Renewed Motion for Class Certification on
September 25, 2025. On Oct. 10, 2025, the Defendants filed their
opposition to the Renewed Certification Motion, raising a litany of
arguments not addressed in Plaintiff’s initial motion.
The Defendants' brief contests substantially all of the Rule 23
factors and standing, raising many of the arguments leveled in its
prior opposition brief, in addition to new and expanded arguments
against the Renewed Certification Motion.
LVNV is a third-party debt collection agency.
A copy of the Plaintiff's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=W8l52d at no extra
charge.[CC]
The Plaintiff is represented by:
Joshua Jacobson, Esq.
JACOBSON PHILLIPS PLLC
2277 Lee Road, Suite B
Winter Park, FL 32789
Telephone: (321) 447-6461
E-mail: joshua@jacobsonphillips.com
MAREX GROUP: Misreports Intercompany Transactions, Katz Says
------------------------------------------------------------
MICHAELLA G. KATZ, individually and on behalf of all others
similarly situated, Plaintiff v. MAREX GROUP PLC, IAN THEO LOWITT,
and CRISPIN ROBERT JOHN IRVIN, Defendants, Case No. 1:25-cv-08368
(S.D.N.Y., October 9, 2025) is a federal securities class action on
behalf of the Plaintiff and all persons and entities that sold
short Marex securities between August 14, 2024 and August 5, 2025,
inclusive, against Marex and certain of its officers and
executives, seeking to pursue remedies under Sections 10(b) and
20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5
promulgated thereunder.
Defendant Marex operates five reporting segments: (1) Clearing; (2)
Agency and Execution; (3) Market Making; (4) Hedging and Investment
Solutions; and (5) Corporate. Marex's Market Making segment
provides direct liquidity to its client across a variety of
products traded in the energy, metals, agriculture, and securities
markets.
Unbeknownst to investors, Marex failed to inform investors that it
improperly inflated its cash flow and the revenues, assets, and
profits of its Market Making segment through off-book intercompany
transactions. Marex's use of intercompany transactions has grown in
lockstep with the addition of new subsidiaries. Relying upon this
increasingly complex web of potential counterparties, Marex has
often failed to properly account for the cashflow in the
intercompany transactions -- improperly recognizing revenue between
its entities and failing to book corresponding receivables and
payables, alleges the suit.
As a result of the wrong acts and omissions by Marex, Chief
Executive Officer Ian Theo Lowitt, and Chief Financial Officer
Crispin Robert John Irvin, the Plaintiff and other class members
have suffered significant losses and damages.
Marex is a U.K.-based diversified global financial services
platform. The Company maintains substantial operations in the
United States, including its principal U.S. corporate offices,
which are located in New York, New York and Chicago, Illinois.[BN]
The Plaintiff is represented by:
Thomas L. Laughlin, IV, Esq.
Matthew A. Peller, Esq.
Mandeep S. Minhas, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 24th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
E-mail: tlaughlin@scott-scott.com
mpeller@scott-scott.com
mminhas@scott-scott.com
- and -
Michael E. Criden, Esq.
CRIDEN & LOVE, P.A.
2020 Salzedo Street, Suite 302
Coral Gables, FL 33134
Telephone: (305) 375-9000
MAREX GROUP: Narayanan Sues Over Decline in Stock Price
-------------------------------------------------------
RAVISHANKER NARAYANAN, individually and on behalf of all others
similarly situated, Plaintiff v. MAREX GROUP PLC, IAN LOWITT, and
ROBERT IRVIN, Defendants, Case No. 1:25-cv-08393 (S.D.N.Y., October
9, 2025) is a class action on behalf of the Plaintiff and all
persons and entities that purchased or otherwise acquired Marex
securities between May 16, 2024 and August 5, 2025, inclusive,
pursuing claims against the Defendants under the Securities
Exchange Act of 1934.
Throughout the Class Period, the Defendants made materially false
and/or misleading statements, as well as failed to disclose
material adverse facts about the Company's business, operations,
and prospects. Specifically, the Defendants failed to disclose to
investors that: (1) the Company sold over-the-counter financial
instruments to itself; (2) Marex had inconsistencies in its
financial statements between its subsidiaries and related parties,
including as to intercompany receivables and loans; (3) as a result
of the foregoing, Marex's financial statements could not be relied
upon; and (4) that, as a result of the foregoing, Defendants'
positive statements about the Company's business, operations, and
prospects were materially misleading and/or lacked a reasonable
basis.
As a result of Defendants' wrongful acts and omissions, and the
precipitous decline in the market value of the Company's
securities, the Plaintiff and other Class members have suffered
significant losses and damages, says the suit.
Marex Group PLC is a global financial services firm which provides
liquidity, market access, and infrastructure services to clients in
the energy, commodities, and financial markets in the United
Kingdom, the United States, and internationally.[BN]
The Plaintiff is represented by:
Rebecca Dawson, Esq.
GLANCY PRONGAY & MURRAY LLP
230 Park Ave, Suite 358
New York, NY 10169
Telephone: (213) 521-8007
Facsimile: (212) 884-0988
E-mail: rdawson@glancylaw.com
- and -
Robert V. Prongay, Esq.
Charles H. Linehan, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Telephone: (310) 201-9150
Facsimile: (310) 201-9160
- and -
Corey D. Holzer, Esq.
HOLZER & HOLZER, LLC
211 Perimeter Center Parkway, Suite 1010
Atlanta, GA 30346
Telephone: (770) 392-0090
Facsimile: (770) 392-0029
MCBS LLC: McCollum Files Suit in S.D. Georgia
---------------------------------------------
A class action lawsuit has been filed against MCBS, LLC. The case
is styled as Kelly McCollum, individually and on behalf of all
others similarly situated v. MCBS, LLC, Case No.
1:25-cv-00240-JRH-BKE (S.D. Ga., Oct. 14, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Medical Computer Business Services (MCBS) -- https://www.mcbs.com/
-- offers a full-range of services to streamline your medical
practice.[BN]
The Plaintiff is represented by:
Andrew Shamis, Esq.
SHAMIS & GENTILE PA
26 Grand Georgian Ct
Cartersville, GA 30121
Phone: (305) 479-2299
Fax: (786) 623-0915
Email: ashamis@shamisgentile.com
MDL 3035: Symetra Seeks More Time to File Response
--------------------------------------------------
In the class action lawsuit RE: AME Church Employee Retirement Fund
Litigation (MDL 3035), Case No. 1:22-md-03035 (W.D. Tenn.), Symetra
Life Insurance Company asks the Court to enter an order granting
the motion and extending the deadline for Symetra to file its
response in opposition to the Plaintiffs' renewed motion for class
certification through and including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=6Ew1SQ at no extra
charge.[CC]
The Defendants are represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
MEDSTAR HEALTH INC: Hoffman Files Suit in D. Maryland
-----------------------------------------------------
A class action lawsuit has been filed against MedStar Health Inc.
The case is styled as Monica Hoffman, individually and on behalf of
all others similarly situated v. MedStar Health Inc., Case No.
1:25-cv-03396 (D. Md., Oct. 14, 2025).
The nature of suit is stated as Other P.I. for Personal Injury.
MedStar Health -- https://www.medstarhealth.org/ -- is a
not-for-profit healthcare organization. It operates more than 120
entities, including ten hospitals in the Baltimore–Washington
metropolitan area of the United States.[BN]
The Plaintiff is represented by:
Zachary Edmund Howerton, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, LLC
223 Duke of Gloucester Street
Annapolis, MD 21401
Phone: (410) 269-6620
Fax: (410) 269-1235
Email: zhowerton@milberg.com
MELNOR INC: Douglass Seeks Final OK of Settlement Deal
------------------------------------------------------
In the class action lawsuit captioned as BLAIR DOUGLASS, on behalf
of himself and all others similarly situated, v. MELNOR INC., Case
No. 2:25-cv-00670-WSH (W.D. Pa.), the Plaintiff asks the Court to
enter an order granting final approval of the parties' class action
settlement agreement.
The Plaintiff requests that the Court approve the Agreement as
fair, reasonable, and adequate and enter the Final Approval Order
in the form accompanying this motion.
The Defendant does not oppose the relief this motion seeks.
Melnor designs and markets watering tools for the home gardener.
A copy of the Plaintiff's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=PKxDkC at no extra
charge.[CC]
The Plaintiff is represented by:
Kevin Tucker, Esq.
Kevin J. Abramowicz, Esq.
Chandler Steiger, Esq.
Stephanie Moore, Esq.
Kayla Conahan, Esq.
Jessica Liu, Esq.
EAST END TRIAL GROUP LLC
6901 Lynn Way, Suite 503
Pittsburgh, PA 15208
Telephone: (412) 877-5220
E-mail: ktucker@eastendtrialgroup.com
kabramowicz@eastendtrialgroup.com
csteiger@eastendtrialgroup.com
smoore@eastendtrialgroup.com
kconahan@eastendtrialgroup.com
jliu@eastendtrialgroup.com
MERCEDES-BENZ FINANCIAL: Kitchen Files TCPA Suit in D. Arizona
--------------------------------------------------------------
A class action lawsuit has been filed against Mercedes-Benz
Financial Services USA LLC. The case is styled as William Kitchen,
on behalf of himself and others similarly situated v. Mercedes-Benz
Financial Services USA LLC, Case No. 2:25-cv-03838-GMS (D. Ariz.,
Oct. 15, 2025).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Mercedes-Benz Financial Services --
https://www.mbusa.com/en/financial-services -- provides finance,
lease, and insurance services, including payment terms, protection
products, and maintenance/warranty plans.[BN]
The Plaintiff is represented by:
James Lee Davidson, Esq.
GREENWALD DAVIDSON RADBIL PLLC
5550 Glades Rd., Ste. 500
Boca Raton, FL 33431
Phone: (561) 826-5477
Fax: (561) 961-5684
Email: jdavidson@gdrlawfirm.com
MERCEDES-BENZ USA: Wadeea Files Suit in N.D. Ohio
-------------------------------------------------
A class action lawsuit has been filed against Mercedes-Benz USA,
LLC, et al. The case is styled as Mahshid Wadeea, individually and
on behalf of all others similarly situated v. Mercedes-Benz USA,
LLC, Does 1 through 10, inclusive, Case No. 1:25-mc-00045-JPC (N.D.
Ohio, Oct. 14, 2025).
Mercedes-Benz -- https://www.mbusa.com/en/home -- combines luxury
with performance across the full line of models including luxury
sedans, SUVs, coupes, roadsters, convertibles & more.[BN]
The Plaintiff is represented by:
Robert J. Wagoner, Esq.
DITTMER, WAGONER & STEELE
107 West Johnstown Road
Gahanna, OH 43230
Phone: (614) 471-8181
Fax: (614) 540-7473
Email: bob@dwslaw.com
MERCK & CO: Benson Seeks Equal Website Access for the Blind
-----------------------------------------------------------
ANTHONY BENSON, individually and on behalf of all others similarly
situated, Plaintiff v. MERCK & CO., INC., Defendant, Case No.
1:25-cv-08654 (S.D.N.Y., Oct. 20, 2025) alleges violation of the
Americans with Disabilities Act.
The Plaintiff alleges in the complaint that the Defendant's Web
site, www.merck.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.
Merck & Co., Inc. is a global health care company that delivers
health solutions through its prescription medicines, vaccines,
biologic therapies, animal health, and consumer care products,
which it markets directly and through its joint ventures. The
Company has operations in pharmaceutical, animal health, and
consumer care. [BN]
The Plaintiff is represented by:
Robert Schonfeld, Esq
JOSEPH & NORINSBERG, LLC
825 Third Avenue, Suite 2100
New York, NY 10022
Telephone: (212) 227-5700
Facsimile: (212) 656-1889
Email: rschonfeld@employeejustice.com
MILLENNIUM DENTAL: Faces Fakhrzadeh Suit Over Dental Laser Warranty
-------------------------------------------------------------------
AMIR FAKHRZADEH, individually and on behalf of all others similarly
situated, Plaintiff v. MILLENNIUM DENTAL TECHNOLOGIES, INC.; ROBERT
HAROLD GREGG II II; DAWN GREGG; ANTHONY CANNON; BRIAN ALEXANDER;
AUDREY QUINONEZ, Defendants, Case No. 2:25-cv-09896 (C.D. Cal.,
Oct. 16, 2025) is an action arising from the fraudulent sale of the
PerioLase MVP-7 ("Periolase"), a dental laser regulated by the U.S.
Food and Drug Administration, to dentists around the country in and
around 2020 and 2021 by the Defendant.
According to the complaint, the Plaintiff's Periolase unit, which
he purchased in April of 2021, was manufactured in 2012, had been
repaired twice, and had been the subject of a prior customer
complaint, none of which was ever revealed to the Plaintiff by the
Defendants or its officers, employees, or agents.
To the contrary, the Defendants lulled the Plaintiff into a false
sense of security with repeated statements that he would receive or
had received a new Periolase unit.
What's more, to conceal their fraudulent scheme, the Defendants
intentionally altered the usual format of serial-number stickers
that defendants placed on Periolase units such that manufacturing
dates were omitted. Plaintiff and other dentists in the proposed
class were therefore unable to detect defendants' fraud until
recently, alleges the suit.
Millennium Dental Technologies, Inc. provides dental care services.
The Company offers gum disease and dental implant solutions. [BN]
The Plaintiff is represented by:
J. Alejandro Barrientos, Esq.
BARRIENTOS PC
145 S. Fairfax Avenue, Suite 200-152
Los Angeles, CA 90036
Telephone: (626) 551-4564
Facsimile: (626) 427-6753
MONSANTO COMPANY: Herbicide Roundup "Defective," Johnson Says
-------------------------------------------------------------
JEFFREY JOHNSON, Plaintiff v. MONSANTO COMPANY, Defendant, Case No.
3:25-cv-01880-MCR-HTC (N.D. Fla., October 7, 2025) is a class
action against the Defendant seeking injuries after Plaintiff
sustained by exposure to Roundup(R) containing the active
ingredient glyphosate and the surfactant polyoxyethylene tallow
amine.
The Plaintiff maintains that Roundup, which refers to all
formulations of Defendant's Roundup herbicide products, and/or
glyphosate is defective, dangerous to human health, unfit and
unsuitable to be marketed and sold in commerce and lacks proper
warnings and directions as to the dangers associated with its use.
The Defendant's failure to adequately warn Plaintiff resulted in
(a) Plaintiff using and being exposed to glyphosate instead of
using another acceptable and safe method of controlling unwanted
weeds and pests; and (b) the scientific and medical communities
failing to warn and instruct consumers about the risk of cancer,
including NHL, and other injuries associated with Roundup, says the
suit.
As a direct and proximate result of being exposed to Roundup(R),
the Plaintiff developed diffuse large B-cell lymphoma, which is a
subtype of non-Hodgkin lymphoma.
Monsanto was an American agrochemical and agricultural
biotechnology corporation, known for developing the herbicide
Roundup and genetically modified seeds. It was acquired by Bayer in
2018.[BN]
The Plaintiff is represented by:
Valerie S. Farwell, Esq.
HENDLER FLORES LAW, PLLC
901 S. MoPac Expressway Bldg. 1, Suite #300
Austin, TX 78746
Telephone: (512) 439-3200
Facsimile: (512) 439-3201
E-mail: vfarwell@hendlerlaw.com
NATURAL BODY: Faces Begic Suit Over Data Privacy Violations
-----------------------------------------------------------
SEJLA BEGIC, individually and on behalf of all others similarly
situated, Plaintiff v. NATURAL BODY INTERNATIONAL, INC., Defendant,
Case No. 1:25-cv-06007-SDG (N.D. Ga., Oct. 20, 2025) alleges
violation of the Health Insurance Portability and Accountability
Act of 1996.
The Plaintiff alleges in the complaint that the Defendant is
engaged in an unlawful practice of disclosing the Plaintiff's and
the Class members' individually identifiable health information and
protected health information to unauthorized third parties,
including Google LLC and Facebook.
The Plaintiff and Class members have suffered injury as a result of
the Defendant's conduct.
Natural Body International, Inc. offers medical treatments,
including Botox, hair transplant, and microneedling. [BN]
The Plaintiff is represented by:
Kyle G.A. Wallace, Esq.
SHIVER HAMILTON CAMPBELL LLC
3490 Piedmont Road, Suite 640
Atlanta, GA 30305
Telephone: (404) 593-0020
Facsimile: (888) 501-9536
Email: kwallace@shiverhamilton.com
NEW DAY: Fails to Pay Proper Wages, Anderson Suit Alleges
---------------------------------------------------------
VERGES ANDERSON, individually and on behalf of all others similarly
situated, Plaintiff v. NEW DAY PERSONAL CARE SERVICES, INC.,
Defendant, Case No. 6:25-cv-01533 (W.D. La., Oct. 14, 2025) seeks
to recover from the Defendant unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Anderson was employed by the Defendant as a healthcare
worker.
New Day Personal Care Services, Inc. offers non-medical home care,
including long-term personal care, for those with disabilities, and
those needing help with health challenges. [BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET LAW PC
2 Greenway, Ste. 250
Houston, TX 77046
Telephone: (713) 999-5200
Email: matt@parmet.law
- and -
KENNETH ST. PE
ST. PE LAW
700 St. John St., Ste. 401
Lafayette, LA 70501
Telephone: (337) 534-4043
Telecopier: (337) 534-8379
Email: kds@stpelaw.com
NEW YORK, NY: Plaintiff Seeks to File Renewed Bid for Class Cert
----------------------------------------------------------------
In the class action lawsuit captioned as Leslie et al., v. CITY OF
NEW YORK et al., Case No. 1:22-cv-02305-NRB (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order granting request for a
pre-motion conference to discuss renewed motion for class
certification or, in lieu of a conference, a briefing schedule for
the motion.
The Plaintiff seeks to file her renewed motion for class
certification because the Galvan doctrine does not apply to this
case and, even if it did, the U.S. Supreme Court’s recent
decision in Trump v. CASA has implicitly overruled Galvan. First,
Galvan is inapposite because plaintiff here, unlike the plaintiffs
in Galvan, seeks affirmative relief.
The Second Circuit in Galvan affirmed the district court’s denial
of class certification because it found class action status to be
unnecessary in an action merely seeking "prohibitory" relief.
But here, plaintiff seeks both prohibitory relief and the
affirmative relief that the City “expunge all suspect profiles in
the City's Suspect Index that were created and maintained as a
result of [its] unconstitutional and unlawful practices.”
New York comprises 5 boroughs sitting where the Hudson River meets
the Atlantic Ocean.
A copy of the Plaintiffs' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=L9Nuub at no extra
charge.[CC]
The Plaintiffs are represented by:
Philip Desgranges, Esq.
THE LEGAL AID SOCIETY
49 Thomas Street, 10th Floor
New York, NY 10013
Telephone: (212) 577-3367
E-mail: pdesgranges@legal-aid.org
NEWPORT GROUP: Seeks More Time to File Class Response in Ewing
--------------------------------------------------------------
In the class action lawsuit captioned as Ewing v. Newport Group,
Inc. et al., Case No. 2:22-cv-02136 (W.D. Tenn.), Symetra Life
Insurance Company asks the Court to enter an order granting the
motion and extending the deadline for Symetra to file its response
in opposition to the Plaintiffs' renewed motion for class
certification through and including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
Newport operates as retirement services firm.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=rJEIYI at no extra
charge.[CC]
The Defendants are represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
NEWPORT GROUP: Seeks More Time to File Class Response in Jackson
----------------------------------------------------------------
In the class action lawsuit captioned as Jackson v. Newport Group,
Inc. et al., Case No. 2:22-cv-02174 (W.D. Tenn.), Symetra Life
Insurance Company asks the Court to enter an order granting the
motion and extending the deadline for Symetra to file its response
in opposition to the Plaintiffs' renewed motion for class
certification through and including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
Newport operates as retirement services firm.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kxvrGW at no extra
charge.[CC]
The Defendant is represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
NEWPORT GROUP: Seeks More Time to File Class Response in Russ
-------------------------------------------------------------
In the class action lawsuit captioned as Russ et al v. Newport
Group, Inc. et al., Case No. 1:22-cv-01129-STA-jay (W.D. Tenn.),
Symetra Life Insurance Company asks the Court to enter an order
granting the motion and extending the deadline for Symetra to file
its response in opposition to the Plaintiffs' renewed motion for
class certification through and including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
Newport operates as retirement services firm.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DsEXge at no extra
charge.[CC]
The Defendants are represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
NEWPORT GROUP: Seeks More Time to File Class Response in Wade
-------------------------------------------------------------
In the class action lawsuit captioned as Wade, et al v. Newport
Group, Inc., et al., Case No. 1:22-cv-01126 (W.D. Tenn.), Symetra
Life Insurance Company asks the Court to enter an order granting
the motion and extending the deadline for Symetra to file its
response in opposition to the Plaintiffs' renewed motion for class
certification through and including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
Newport operates as retirement services firm.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=uUaB90 at no extra
charge.[CC]
The Defendants are represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
NEWREZ LLC: Class Cert Bid Filing in Hastings Due April 6, 2026
---------------------------------------------------------------
In the class action lawsuit captioned as BRYAN HASTINGS, v. NEWREZ
LLC, Case No. 2:25-cv-00789-JLR (W.D. Wash.), the Hon. Judge James
L. Robart entered a Rule 16(B) and Rule 23(D)(2) Scheduling Order
Regarding Class Certification Motion:
Deadline to complete discovery on class March 6, 2026
certification (not to be construed as a
bifurcation of discovery):
Deadline for the Plaintiff's to file motion April 6, 2026
for class certification (to be noted for
the reply brief deadline):
The Defendant's response to the Plaintiff's May 11, 2026
motion for class certification:
The Plaintiff's reply: May 29, 2026
NewRez provides financial services.
A copy of the Court's order dated Oct. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=IuXDt7 at no extra
charge.[CC]
NORTH CAROLINA: Plaintiffs Seek to File Class Cert Supplement
-------------------------------------------------------------
In the class action lawsuit captioned as JOHN DOE 1, et al., v.
NORTH CAROLINA DEPARTMENT OF PUBLIC SAFETY, et al., Case No.
1:24-cv-00017-CCE-JLW (M.D.N.C.), the Plaintiffs ask the Court to
enter an order granting the Plaintiffs' motion to supplement the
record on motion for class certification.
On Sept. 26, 2024, the Plaintiffs filed their motion for class
certification, supporting memorandum of law, and supporting
evidence available to them at that time.
On Oct. 1, 2025, the Court held a hearing on the Plaintiffs' motion
for class certification.
The Defendant is an umbrella agency that carries out many of the
state's law enforcement, emergency response and homeland security
functions.
A copy of the Plaintiffs' motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=1AOFQU at no extra
charge.[CC]
The Plaintiffs are represented by:
Robert L. Lindholm, Esq.
Donna O. Tillis, Esq.
Soren K. Young, Esq.
Yasmeen Ebbini, Esq.
Axton D. Crolley, Esq.
Matthew G. Lindenbaum, Esq.
NELSON MULLINS RILEY & SCARBOROUGH
LLP
301 South College Street, 23rd Floor
Charlotte, NC 28202
Telephone: (704) 417-3000
E-mail: robert.lindholm@nelsonmullins.com
donna.tillis@nelsonmullins.com
soren.young@nelsonmullins.com
yasmeen.ebbini@nelsonmullins.com
axton.crolley@nelsonmullins.com
matthew.lindenbaum@nelsonmullins.com
- and -
Michelle Duprey, Esq.
THE LAW OFFICE OF MICHELLE DUPREY, PLLC
720 E. 4th Street, Suite 300
Charlotte, NC 28202
Telephone: (336) 685-1647
E-mail: michelledupreylaw@icloud.com
ORLANDO HEALTH: Seeks to Stay Class Cert Response Deadline
----------------------------------------------------------
In the class action lawsuit captioned as W.W., v. Orlando Health,
Inc., Case No. 6:24-cv-01068-JSS-RMN (M.D. Fla.), the Defendant
asks the Court to enter an order staying its deadline to respond to
the Plaintiff's motion for class certification, appointment of
class representative, appointment of class counsel, and supporting
memorandum of law and disclose class certification rebuttal experts
until the Court addresses the Plaintiff's anticipated forthcoming
motion(s).
Accordingly, Orlando Health requests that the Court rule on this
Motion by October 17, 2025, and enter an order staying Orlando
Health’s deadline to respond to the Motion for Class
Certification and disclose class certification rebuttal experts
until the Court rules on Plaintiff’s anticipated forthcoming
motion(s).
The Defendant is a not-for-profit healthcare organization.
A copy of the Defendant's motion dated Oct. 10, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=tHYrDg at no extra
charge.[CC]
The Defendant is represented by:
Julie Singer Brady, Esq.
Yameel L. Mercado Robles, Esq.
BAKER & HOSTETLER LLP
200 South Orange Avenue, Suite 2300
Orlando, FL 32801
Telephone: (407) 649-4000
Facsimile: (407) 841-0168
E-mail: jsingerbrady@bakerlaw.com
ymercadorobles@bakerlaw.com
OSHKOSH CORP: Conspires to Fix Fire Trucks' Prices, Suit Says
-------------------------------------------------------------
CITY OF AUGUSTA, individually and on behalf of all others similarly
situated, Plaintiff v. OSHKOSH CORPORATION, PIERCE MANUFACTURING,
INC., REV GROUP, INC., ROSENBAUER AMERICA LLC, and FIRE APPARATUS
MANUFACTURERS' ASSOCIATION, Defendants, Case No. 2:25-cv-01543
(E.D. Wis., October 7, 2025) is a class action brought by the
Plaintiff, individually and on behalf of a proposed class of direct
purchasers of fire trucks, due to Defendants' alleged violations of
the Sherman Act.
Beginning in or about January 2016, Manufacturing Defendants
entered into an agreement, combination or conspiracy to limit the
supply, and to fix, raise, maintain, or stabilize prices of fire
trucks sold in the United States at supra-competitive levels. As a
result of the unlawful conduct of Defendants, the Plaintiff and
Class members paid artificially inflated prices for Fire Trucks and
as a result have suffered antitrust injury to their business or
property in violation of the federal antitrust laws.
The Manufacturer Defendants have perpetrated their conspiracy in
part through the Fire Apparatus Manufacturers' Association. The
Manufacturer Defendants, along with most other fire truck
manufacturers in the country, submit sensitive, non-public economic
data to FAMA. FAMA sends the data to an outside consulting company,
which compiles the data into reports that FAMA then distributes to
its members, says the suit.
Oshkosh Corporation designs and manufactures specialty vehicles and
equipment, including aerial work platforms, tactical trucks, and
firefighting vehicles.[BN]
The Plaintiff is represented by:
Gregory P. Hansel, Esq.
Michael S. Smith, Esq.
Elizabeth F. Quinby, Esq.
Michael D. Hanify, Esq.
PRETI FLAHERTY BELIVEAU & PACHIOS, LLP
One City Center P.O. Box 9546
Portland, ME 04112
Telephone: (207)791-3000
E-mail: ghansel@preti.com
msmith@preti.com
equinby@preti.com
mhanify@preti.com
- and -
Joseph C. Kohn, Esq.
William E. Hoese, Esq.
Zahra R. Dean, Esq.
KOHN SWIFT & GRAF, P.C.
1600 Market Street, Suite 2500
Philadelphia, PA 19103
Telephone: (215) 238-1700
E-mail: jkohn@kohnswift.com
whoese@kohnswift.com
zdean@kohnswift.com
- and -
Beth Kushner, Esq.
Christopher E. Avallone, Esq.
VON BRIESEN & ROPER, S.C.
411 East Wisconsin Avenue, Suite 1000
Milwaukee, WI 53202
Telephone: (414) 276-1122
E-mail: beth.kushner@vonbriesen.com
christopher.avallone@vonbriesen.com
- and -
William G. Caldes, Esq.
Jeffrey L. Spector, Esq.
SPECTOR ROSEMAN & KODROFF, P.C.
2001 Market Street, Suite 3420
Philadelphia, PA 19103
Telephone: (215) 496-0300
Facsimile: (215) 496-6611
E-mail: BCaldes@srkattorneys.com
JSpector@srkattorneys.com
P & P TRANSPORTATION: Hernandez Sues Over Race Discrimination
-------------------------------------------------------------
MAURICIO HERNANDEZ Plaintiff v. P & P TRANSPORTATION, LLC, and
PIAZZA PRODUCE, LLC, Defendants, Case No. 1:25-cv-02038-SEB-KMB
(S.D. Ind., October 7, 2025) is a class action seeking redress for
Defendants' alleged violations of Title VII of the Civil Rights
Act.
The Plaintiff seeks redress for violations of the law including
back pay, front pay, compensatory damages, punitive damages, and
all other relief available under law against Defendants and for
injuries, damages, and losses when Plaintiff Hernandez was
subjected to national origin, ethnicity, and race discrimination in
the terms and conditions of his employment and was unlawfully
terminated from his position.
The Plaintiff first began working for Defendants on or about July
8, 2010. During his employment with Defendants, the Plaintiff was
employed as a Straight Truck Driver and transported products
between company warehouses.
P & P Transportation, LLC provides long-haul and regional
full-truckload freight services.[BN]
The Plaintiff is represented by:
Martin A. Brown, Esq.
MERCHANT LAW, LLC
12115 Visionary Way, Suite 174
Fishers, IN 46038
Telephone: (317) 721-9417
E-mail: mab@merchlawfirm.com
PACIFIC SEAFOOD: Olazabal Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Pacific Seafood Los
Angeles LLC. The case is styled as Jose R. Olazabal, an individual,
on behalf of himself and others similarly situated v. Pacific
Seafood Los Angeles LLC, Case No. 25STCV30152 (Cal. Super. Ct., Los
Angeles Cty., Oct. 14, 2025).
The case type is stated as "Other Employment Complaint Case
(General Jurisdiction)."
Pacific Seafood Los Angeles LLC -- https://www.pacificseafood.com/
-- serve retail, food service, and wholesale customers throughout
southern California.[BN]
The Plaintiffs are represented by:
Alvin B. Lindsay, Esq.
William Tran, Esq.
D.LAW, INC.
450 N. Brand Blvd. Suite 840
Glendale, CA 91203
Phone: (818) 962-6465
Fax: (818) 962-6469
Email: alindsay@d.law
w.tran@d.law
PARKE ENVIRONMENTAL: Macias Files Suit Over Labor Law Violations
----------------------------------------------------------------
CHRISTIAN MACIAS, JOVANNI PLATA and STARLIN TERRENO individually
and on behalf of all others similarly situated, Plaintiff v. PARKE
ENVIRONMENTAL GROUP INC. d/b/a RC GROUP INC, Defendant, Case No.
2:25-cv-00524-KFW (D. Me., October 16, 2025) is a collective action
complaint against the Defendant for unpaid wages, in violation of
the Fair Labor Standards Act and Maine labor laws.
According to the complaint, Defendant RC Group performs roofing,
siding, lead abatement and environmental remediation services. The
Plaintiffs and approximately four other similarly situated
construction workers, worked on a prevailing wage project on behalf
of Defendant. They worked more than 40 hours a week but were not
paid time and one half for work performed after 40 hours a week.
Rather, they were paid $50 an hour for all hours worked. To
circumvent its obligations, the Defendant paid the first 40 hours
via direct deposit with withholdings then paid a separate check for
the overtime worked at straight time without withholdings.
The complaint alleges that all potential class members have been
subjected to the same policies of Defendant RC Group. Accordingly,
the Plaintiffs and those similarly situated are entitled to unpaid
overtime and minimum wages, liquidated damages, and attorneys' fees
and costs.
Plaintiffs Christian Macias, Jovanni Plata and Starlin Terreno were
formerly employed as construction workers by RC Group in the State
of Maine.
RC Group is a construction company that performs business in Maine
and New York.[BN]
The Plaintiff is represented by:
Andy Schmidt, Esq.
Peter Mancuso, Esq.
Borealis Law, PLLC
97 India St.
Portland, ME 04101
Telephone: (207) 619-0884
E-mail: Andy@maineworkerjustice.com
Peter@maineworkerjustice.com
- and -
Jacob Aronauer, Esq.
The Law Offices of Jacob Aronauer
250 Broadway, Suite 600
New York, NY 10007
PENSKE LOGISTICS: Fails to Pay Proper Wages, Alexander Says
-----------------------------------------------------------
DORIAN ALEXANDER, individually and on behalf of all others
similarly situated, Plaintiff v. PENSKE LOGISTICS, LLC, Defendant,
Case No. 2:25-cv-03830-SHD (D. Ariz., Oct. 14, 2025) seeks to
recover from the Defendant unpaid wages and overtime compensation,
interest, liquidated damages, attorneys' fees, and costs under the
Fair Labor Standards Act.
Plaintiff Alexander was employed by the Defendant as a delivery
helper.
Penske Logistics LLC provides logistic management solutions. The
Company offers financing and cost control, maintenance, managing
vehicle lifecycle, operational support, operate safely, and
compliance. [BN]
The Plaintiff is represented by:
Jason Barrat, Esq.
WEILER LAW PLLC
5050 N.40th St., Suite 260
Phoenix, AZ 85018
Telephone: (480) 442-3410
Email: jbarrat@weilerlaw.com
REGAL CINEMAS: Garza Labor Suit Removed to W.D. Wash.
-----------------------------------------------------
The case styled PORFIRIO GARZA, individually and on behalf of all
others similarly situated, Plaintiff v. REGAL CINEMAS, INC., a
foreign profit corporations; and DOES 1-20, as yet unknown
Washington entities, Defendants, Case No. 25-2-25586-7 SEA, was
removed from the Superior Court of Washington for King County to
the United States District Court for the Western District of
Washington on October 7, 2025.
The District Court Clerk assigned Case No. 2:25-cv-01941 to the
proceeding.
In the complaint, the Plaintiff seeks to certify a proposed class
defined as all current and former employees of Regal Cinemas, Inc.,
who worked in Washington and earned less than twice the applicable
state minimum hourly wage from September 4, 2022, through the date
of certification of the Class.
Regal Cinemas, Inc. is an American movie theater chain that is a
subsidiary of the UK-based company Cineworld Group.[BN]
Defendant Regal Cinemas, Inc. is represented by:
Patrick M. Madden, Esq.
Ryan J. Groshong, Esq.
Benjamin Moore, Esq.
1420 5th Avenue, Suite 1400
Seattle, WA 98101
Telephone: (206) 288-0110
E-mail: patrick.madden@arnoldporter.com
ryan.groshong@arnoldporter.com
ben.moore@arnoldporter.com
SALESLOFT INC: Clay Sues Over Failure to Safeguard PII
------------------------------------------------------
Jaqueline Clay, on behalf of herself and all others similarly
situated v. SALESLOFT, INC.; and APPFOLIO, INC., Case No.
1:25-cv-05879-ELR (N.D. Ga., Oct. 14, 2025), is brought arising
from Defendants' failure to properly secure and safeguard
Plaintiff's and over 72,000 Class Members' sensitive personally
identifiable information ("PII"), from being stolen by
cybercriminals in a foreseeable, preventable data breach.
Between August 18 and August 22, 2025, criminal hackers accessed
Salesloft's server and stole Plaintiff's and Class Members' PII
stored therein, including their full names, dates of birth,
addresses, and Social Security numbers, (collectively, "Private
Information"), causing widespread injuries to Plaintiff and Class
Members (the "Data Breach").
The Defendants breached their duties owed to Plaintiff and Class
Members by failing to safeguard the Private Information that
Defendants collected and maintained, including by failing to
implement industry standards for data security to protect against
cyberattacks or reasonably supervise their vendor's cybersecurity
practices, which allowed criminal hackers to access and steal
thousands of individuals' Private Information from Defendants'
care.
The Defendants failed to adequately protect Plaintiff's and Class
Members' Private Information––and failed to even encrypt or
redact this highly sensitive data or implement menial standards to
prevent unauthorized intrusion to the cloud-based servers storing
it. This unencrypted, unredacted Private Information was
compromised due to Defendants' negligent and/or careless acts and
omissions and their utter disregard for Plaintiff's and Class
Members' privacy, says the complaint.
The Plaintiff and Class Members are consumers who transacted with
AppFolio's real estate industry customers.
Salesloft is a software as a service ("SaaS") company that provides
a variety of software products by subscription to its corporate
clients.[BN]
The Plaintiff is represented by:
Casondra Turner, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC
260 Peachtree Street, NW, Suite 2200
Atlanta, GA 30303
Phone: (866) 252-0878
Fax: (771) 772-3086
Email: cturner@milberg.com
SAMSUNG ELECTRONICS: Gililland Sues Over Unlawful Advertising
-------------------------------------------------------------
Trevor Gililland, individually and on behalf of all others
similarly situated v. SAMSUNG ELECTRONICS AMERICA, INC., Case No.
2:25-cv-09841 (C.D. Cal., Oct. 14, 2025), is brought against the
Defendant's unlawful advertising of their Products contains
substantial discounts which were not true.
The Products include refrigerators, ovens, ranges, dishwashers,
microwaves, cooktops and hoods, washers, and dryers. The Products
are sold online through Defendant's website, www.samsung.com. On
its website, Defendant advertises substantial discounts off of its
Appliance Products; for example, by including the sale price nearby
the purported regular price shown in strikethrough front, next to a
representation, often in in colorful font, that consumers will
"Save $X" by purchasing the product. But Defendant does not sell
its Products for the listed regular strikethrough prices. The list
prices Defendant advertises are not actually Defendant's regular
prices, because Defendant's Products are almost always available
for much less than that.
The Plaintiff bought a Smart Slide-in Induction Range and a Bespoke
4-Door French Door Refrigerator from Defendant from its website,
www.samsung.com. Defendant represented that the Products the
Plaintiff purchased had regular prices and were being sold to him
at a specific discount from those purported regular prices. And
based on Defendant's representations, the Plaintiff believed that
he was purchasing Products whose regular prices and market values
were the purported list prices that Defendant advertised and that
he was receiving a substantial discount. These reasonable beliefs
are what caused the Plaintiff to buy from Defendant when he did.
The representations the Plaintiff relied on, however, were not
true. The purported regular prices were not the true regular prices
that Defendant sells the Products for and the purported discount
was not the true discount. Had Defendant been truthful, the
Plaintiff and other consumers like him would not have purchased
Defendant's Products, or would have paid less for them, says the
complaint.
The Plaintiff purchased Samsung Appliance Products from Defendant,
advertised at a purported discount.
The Defendant makes, markets, and sells home appliances.[BN]
The Plaintiff is represented by:
Simon Franzini, Esq.
Jonas B. Jacobson, Esq.
Grace Bennett, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Phone: (310) 656-7066
Facsimile: +1 (310) 656-7069
Email: simon@dovel.com
jonas@dovel.com
grace@dovel.com
SANDISK LLC: Plaintiffs Seek to Certify Class & Subclasses
----------------------------------------------------------
In the class action lawsuit re Sandisk SSDS Litigation, Case No.
3:23-cv-04152-RFL (N.D. Cal.), the Plaintiffs, on Jan. 13, 2026, at
10 a.m., will move the Court pursuant to Federal Rules of Civil
Procedure 23 for an order certifying the Proposed Class and
Subclasses, appointing the named Plaintiffs as class
representatives, and appointing Silver Golub & Teitell LLP and
Bursor & Fisher, P.A. as class counsel.
The Plaintiffs seek certification of the following proposed class:
"All persons in the United States who purchased an Impacted
Drive since 2020 (the "Class")."
The Plaintiffs Jafri and Wang seek certification of their claims
under California's CLRA, FAL, and UCL on behalf of the following
proposed subclass:
"All persons residing in the State of California who purchased
an Impacted Drive since 2020 (the "California Subclass").
The Plaintiffs Perrin, Bayerl, and DeBonis seek certification of
their claims under the Florida Deceptive and Unfair Trade Practices
Act, on behalf of the following proposed subclass:
"All persons residing in the State of Florida who purchased an
Impacted Drive since 2020 (the "Florida Subclass")."
The Plaintiff Adair seeks certification of their claims under the
New York Consumer Protection Law, N.Y. Gen. Bus. Law section 349,
on behalf of the following proposed subclass:
"All persons residing in the State of New York who purchased
an Impacted Drive since 2020 (the "New York Subclass" together
with the California Subclass and the Florida Subclass, the
"Subclasses")."
The defective SSDs at issue are drives on the Atlas Refresh
("Atlas-R") platform: the 4TB Western Digital My Passport Portable
SSD ("My Passport"); the 4TB SanDisk Extreme Portable SSD
("Extreme"); and the 1TB, 2TB, and 4TB SanDisk Extreme Pro Portable
SSD ("Extreme Pro").
SanDisk is a technology company that specializes in the manufacture
and sale of data storage devices, including portable, external
solid-state drives ("SSDs").
A copy of the Plaintiffs' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=zLqfQm at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd, Ste 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
lsironski@bursor.com
- and -
Ian W. Sloss, Esq.
Johnathan Seredynski, Esq.
Krystyna Gancoss, Esq.
Samantha Blend, Esq.
SILVER GOLUB & TEITELL LLP
One Landmark Square, Floor 15
Stamford, Connecticut 06901
Telephone: (203) 425-4491
E-mail: isloss@sgtlaw.com
jseredynski@sgtlaw.com
kgancoss@sgtlaw.com
sblend@sgtlaw.com
SANDISK LLC: Plaintiffs Seek to File Docs Under Seal
----------------------------------------------------
In the class action lawsuit re Sandisk SSDS Litigation, Case No.
3:23-cv-04152-RFL (N.D. Cal.), the Plaintiffs ask the Court to
enter an order allowing them to file under seal documents
containing information or references to information that the
Defendants have designated as Confidential.
The Plaintiffs submit this request only to comply with their
obligations under Local Rule 79-5 and take no position at this time
on the propriety of other parties' confidentiality designations, or
whether they meet the compelling reasons test for retaining
confidentiality.
The Plaintiffs request that the Court seal portions of the exhibits
attached to the declaration of Neal J. Deckant filed in support of
Plaintiffs' Motion for leave to File Second Amended Complaint:
Document Portion to be Sealed
The Plaintiffs' Motion for Class 2:16-19
Certification: 5:18-19
16:14-17
Exhibit 17 to the Declaration of Entire document
Ian Sloss ISO Plaintiffs' Motion for
Class Certification
Exhibit 19 to the Declaration of Entire document
Ian Sloss ISO Plaintiffs' Motion for
Class Certification:
Exhibit 20 to the Declaration of Ian Entire document
Sloss ISO Plaintiffs' Motion for
Class Certification:
Exhibit 23 to the Declaration of Ian WD00000451-452
Sloss ISO Plaintiffs' Motion for
Class Certification:
These documents contain references to information provided by
Defendants in discovery and designated as confidential by
Defendants.
SanDisk is a technology company that specializes in the manufacture
and sale of data storage devices, including portable, external
solid-state drives ("SSDs").
A copy of the Plaintiffs' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=mDApXi at no extra
charge.[CC]
The Plaintiffs are represented by:
Neal J. Deckant, Esq.
Stefan Bogdanovich, Esq.
Luke Sironski-White, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd, Ste 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
E-mail: ndeckant@bursor.com
sbogdanovich@bursor.com
lsironski@bursor.com
- and -
Ian W. Sloss, Esq.
Johnathan Seredynski, Esq.
Krystyna Gancoss, Esq.
Samantha Blend, Esq.
SILVER GOLUB & TEITELL LLP
One Landmark Square, Floor 15
Stamford, Connecticut 06901
Telephone: (203) 425-4491
E-mail: isloss@sgtlaw.com
jseredynski@sgtlaw.com
kgancoss@sgtlaw.com
sblend@sgtlaw.com
SCOTTS COMPANY: Calcagno Sues Over Fertilizer Products' False Ads
-----------------------------------------------------------------
CARRIE CALCAGNO and PRAVEEN PATHANGI, individually and on behalf of
all others similarly situated, Plaintiffs v. THE SCOTTS COMPANY,
LLC and DOES 1–20, Defendants, Case No. 3:25-cv-02661-GPC-DEB
(S.D. Cal., October 7, 2025) is a consumer class action arising out
of The Scotts Company's false advertising of its Miracle-Gro
organic soil and fertilizer products in violation of the
California's Unfair Competition Law and False Advertising Law and
the California's Consumer Legal Remedies Act.
According to the complaint, Scotts falsely represents that the
Products are organic even though they contain synthetic,
non-organic, and harmful forever chemicals known as perfluoroalkyl
and polyfluoroalkyl substances (PFAS).
Scotts uses the term organic to induce consumers into believing
that the Products contain only naturally occurring, non-synthetic
ingredients and are therefore a superior alternative to competing
-- and less expensive -- products that are not labeled as organic.
Reasonable consumers do not expect Scotts's organic Products to
contain toxic forever chemicals like PFAS, especially when marketed
for use in residential gardens to grow fruits and vegetables.
Scotts fails to disclose that PFAS are present in its Products
because it knows that this likely would influence their purchasing
decisions to Scotts's financial detriment, alleges the suit.
The Plaintiffs and Class members assert that they would not have
purchased, or would have paid less money for Scotts's organic
Products had they known that the Products contain PFAS.
The Scotts Company, LLC manufactures, markets, and supplies lawn
and garden products.[BN]
The Plaintiffs are represented by:
Todd D. Carpenter, Esq.
Jennifer M. French, Esq.
LYNCH CARPENTER, LLP
9171 Towne Centre Drive, Suite 180
San Diego, CA 92122
Telephone: (619) 762-1900
Facsimile: (858) 313-1850
E-mail: todd@lcllp.com
jennf@lcllp.com
SCOTTS COMPANY: Fertilizer Products Contain PFAS, Waldner Alleges
-----------------------------------------------------------------
ANGELA WALDNER, individually and on behalf of all others similarly
situated v. THE SCOTTS COMPANY, LLC and DOES 1–20, Case No.
7:25-cv-08424 (S.D.N.Y., Oct. 10, 2025) is a consumer class action
arises out of The Scotts Company's false advertising of its
Miracle-Gro organic soil and fertilizer products (the Products).
According to the complaint, Scotts falsely represents that the
Products are organic even though they contain synthetic,
non-organic, and harmful forever chemicals known as perfluoroalkyl
and polyfluoroalkyl substances (PFAS). Scotts uses the term organic
to induce consumers into believing that the Products contain only
naturally occurring, non-synthetic ingredients and are therefore a
superior alternative to competing -- and less expensive -- products
that are not labeled as organic. Reasonable consumers do not expect
Scotts's organic Products to contain toxic forever chemicals like
PFAS, especially when marketed for use in residential gardens to
grow fruits and vegetables, says the suit.
Scotts fails to disclose that PFAS are present in its Products
because it knows that this likely would influence their purchasing
decisions to Scotts's financial detriment. Scotts's misleading,
deceptive, and false advertising, and its unlawful, unfair, and
fraudulent business practices, caused Waldner and Class members to
purchase, purchase more of, or pay more for the Products than they
would have but for Scotts's misrepresentations.
Plaintiff Waldner purchased Scotts's Miracle-Gro Organic Potting
Mix, Miracle-Gro and Organic Garden Soil, and Miracle-Gro
Performance Organics All Purpose Container Mix from the Lowe's Home
Centers store located at 206 Route 303, Orangeburg, NY 10962. She
would not have purchased the Products, would not have purchased as
many Products, and would not have paid the price premium that
organic products command had she known that they contained
synthetic, inorganic PFAS.
THE SCOTTS COMPANY, LLC manufactures, markets, and supplies lawn
and garden products.[BN]
The Plaintiff is represented by:
Todd D. Carpenter, Esq.
Jennifer M. French, Esq.
LYNCH CARPENTER, LLP
9171 Towne Centre Drive, Suite 180
San Diego, CA 92122
Telephone: (619) 762-1903
E-mail: todd@lcllp.com
jennf@lcllp.com
SCOUT ENERGY: Filing for Class Cert Bid Extended to Dec. 15
-----------------------------------------------------------
In the class action lawsuit captioned as RONNYE HAWKINS, DOYLE
MCGRAW, TERESA WILLIAMS, and STEPHEN VAUGHT, on behalf of
themselves and all others similarly situated, v. SCOUT ENERGY
MANAGEMENT, LLC, Case No. 3:24-cv-01545-N (N.D. Tex.), the Hon.
Judge David C. Godbey entered an order granting the Plaintiffs
unopposed motion to modify class certification schedule:
1. The new deadline for the Plaintiffs to serve the motion for
class certification on the Defendant is Dec. 15, 2025.
2. Therefore, May 20, 2026 remains the class certification
submission date.
Scout is a private energy investment manager and an upstream oil
and gas operator.
A copy of the Court's order dated Oct. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=OgYf7X at no extra
charge.[CC]
SINGULARITY FUTURE: Settles Crivellaro Shareholder Suit
-------------------------------------------------------
Singularity Future Technology Ltd. disclosed in its Form 10-K for
the fiscal year ended June 30, 2025, filed with the Securities and
Exchange Commission on October 14, 2025 that on May 29, 2025, the
company and the lead plaintiffs in a putative class action against
the company and other defendants in the United States District
Court for the Eastern District of New York executed a binding term
sheet setting forth the material terms of their proposed settlement
on a class wide basis. On July 13, 2025, the parties executed a
Stipulation and Agreement of Settlement.
On December 9, 2022, Piero Crivellaro, purportedly on behalf of the
persons or entities who purchased or acquired publicly traded
securities of the company between February 2021 and November 2022,
alleged violations of federal securities laws related to alleged
false or misleading disclosures made by the company in its public
filings. The plaintiff seeks unspecified damages, plus interest,
costs, fees, and attorneys' fees.
On November 20, 2023, the company filed a motion to dismiss said
action. On December 17, 2024, the court issued an order that
partially denied the motions to dismiss filed by the company and
its former chief executive officer, Yang Jie, arising from various
statements made by Yang Jie about two allegedly fraudulent
transactions. The rest of the motions were granted. On January 2,
2025, the company filed an answer to a second amended class action
complaint.
Singularity Future Technology Ltd. is into the arrangement of
transportation of freight & cargo based in New York.
SKINNY MIXES: CMP & Scheduling Order Entered in Reese Lawsuit
-------------------------------------------------------------
In the class action lawsuit captioned as NANCY REESE and RAMONA
COLAMARCO, individually and on behalf of all others similarly
situated, v. SKINNY MIXES, LLC and NEW SKINNY MIXES, LLC, Case No.
1:25-cv-06432-MMG (S.D.N.Y.), the Hon. Judge Garnett entered a
civil case management plan and scheduling order as follows:
-- All fact discovery shall be completed no later than March 20,
2026.
-- All expert discovery, including reports, production of
underlying documents, and depositions, shall be completed no
later than July 24, 2026.
-- A conference regarding either submitted summary judgment
letters or a joint status letter, as described further below
in Paragraph 9, will be held on April 21, 2026, at 9:30 a.m.
-- The parties' joint letter described in Part 9(c) shall include
a proposed schedule for a motion for class certification and
shall clarify whether additional discovery will be needed
should the Court grant the motion.
-- Initial requests for production of documents pursuant to Fed.
R. Civ. P. 34 shall be served by Nov. 1, 2025.
-- The Plaintiffs' Motion shall be filed no later than June 11,
2026; the Defendants' Opposition shall be filed no later than
Aug. 13, 2026; the Plaintiffs' reply shall be filed no later
than Sept. 16, 2026.
Skinny produces food products.
A copy of the Court's order dated Oct. 14, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=93Q50i at no extra
charge.[CC]
The Plaintiff is represented by:
Max Roberts, Esq.
BURSOR & FISHER, P.A.
1330 Ave of the Americas, 32nd Floor
New York, NY 10019
- and -
David J. Creagan, Esq.
WHITE AND WILLIAMS, LLP
1650 Market Street, Suite 1800
Philadelphia, PA 19103
SMK ENTERTAINMENT: Faces Jones Over Blind-Inaccessible Website
--------------------------------------------------------------
CLAY LEE JONES, on behalf of herself and all others similarly
situated v. SMK ENTERTAINMENT GROUP, INC., Case No. 1:25-cv-08418
(S.D.N.Y., Oct. 10, 2025) sues the Defendant for its failure to
design, construct, maintain, and operate its website,
www.smokejazz.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
people, under the Americans with Disabilities Act.
Accordingly, the Plaintiff was injured when he attempted multiple
times, most recently on April 26, 2025, to access Defendant's
Website from his home but encountered barriers that denied his full
and equal access to Defendant's online content and services.
Specifically, the Plaintiff wanted to place an online order for
seafood.
The Defendant's Website offers services online to the public. The
Website offers features which ought to allow users to browse for
services, access navigation bar descriptions, and avail consumers
of the ability to peruse the numerous services and location of the
Defendant. [BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
SUTTER HEALTH: $4.3MM Class Settlement in Sargony Gets Initial Nod
------------------------------------------------------------------
In the class action lawsuit captioned as Sargony, et al., v. Sutter
Health, et al. (re Sutter Health, ERISA Litig.) Case No.
1:20-cv-01007-LHR-BAM (E.D. Cal.), the Hon. Judge Rosenthal entered
an order granting preliminary approval of class action settlement,
preliminarily certifying class for settlement purposes, approving
form and manner of settlement notice, preliminarily approving plan
of allocation, and scheduling fairness hearing:
1. The Court conditionally certifies the following class
("Settlement Class"):
"All persons who participated in the Plan at any time during
the Class Period (July 21, 2014 through the date the
Preliminary Approval Order is entered by the Court),
including any Beneficiary of a deceased person who
participated in the Plan at any time during the Class Period,
and any Alternate Payee of a person subject to a Qualified
Domestic Relations Order who participated in the Plan at any
time during the Class Period."
Excluded from the Settlement Class are Defendant, the Defined
Contribution Oversight Committee, the Board of Directors of
Sutter Health (the "Board"), the individual members of the
Defined Contribution Oversight Committee and the Board and
their Beneficiaries.
2. The Court preliminarily appoints Christina Bonicarlo, Adam
Blackburn, Tabitha Hoglund, and Nicole Garcia as Class
Representatives for the Settlement Class, and Miller Shah LLP
and Capozzi Adler, P.C. as Class Counsel for the Settlement
Class.
3. The amount of the Settlement -- $4,300,000.00 -- provided by
the Settlement are fair, reasonable, and adequate,
considering the costs, risks, and delay of litigation, trial,
and appeal.
4. A hearing is scheduled for April 10, 2026, at 11 :00 a.m. PDT
by Zoom videoconference.
This Class Action involves claims for alleged violations of the
Employee Retirement Income Security Act of 1974 ("ERISA") with
respect to the Sutter Health 403 (b) Savings Plan ("Plan").
Sutter is a not-for-profit integrated health delivery system.
A copy of the Court's order dated Oct. 9, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=a4siX2 at no extra
charge.[CC]
SYMETRA LIFE: Seeks More Time to File Response in Alexander
-----------------------------------------------------------
In the class action lawsuit captioned as Alexander v. Harris, et
al. (RE: AME CHURCH EMPLOYEE RETIREMENT FUND LITIGATION), Case No.
1:22-cv-01128-STA-jay (W.D. Tenn.), Symetra Life Insurance Company
asks the Court to enter an order granting the motion and extending
the deadline for Symetra to file its response in opposition to the
Plaintiffs' renewed motion for class certification through and
including Nov. 3, 2025.
The extension will provide sufficient time for Symetra to prepare
its opposition in light of other briefing obligations in this
matter, including responses to summary judgment motions and the
Plaintiffs' motion in limine, as well as significant deadlines in
other matters.
The requested extension is reasonable; this motion is filed in good
faith and not for any purpose of delay or any other unjust purpose;
Plaintiffs do not oppose this motion; and no party will be
prejudiced by the extension requested in this motion.
On May 7, 2025, the Plaintiffs filed their motion for class
certification and appointment of class counsel.
On August 27, the Court denied the Plaintiffs' motion without
prejudice.
A copy of the Defendant's motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Urqkn8 at no extra
charge.[CC]
The Defendants are represented by:
Markham R. Leventhal, Esq.
Benjamin M. Stoll, Esq.
Scott M. Abeles, Esq.
Rachel A. Oostendorp, Esq.
CARLTON FIELDS, P.A.
1625 Eye Street, NW, Suite 800
Washington, DC 20006
Telephone: (202) 965-8189
E-mail: mleventhal@carltonfields.com
bstoll@carltonfields.com
sabeles@carltonfields.com
roostendorp@carltonfields.com
SYMMETRY FINANCIAL: Bennett Seeks More Time to File Class Cert Bid
------------------------------------------------------------------
In the class action lawsuit captioned as BRADY BENNETT,
individually and on behalf of all others similarly situated, v.
SYMMETRY FINANCIAL GROUP, LLC, and QUILITY SOFTWARE APPLICATIONS
LLC, Case No. 1:25-cv-00067-MR-WCM (W.D.N.C.), the Plaintiff asks
the Court to enter an order extending the deadline for him to file
his motion for class certification by 60 days, to Jan. 2, 2026.
The Plaintiff is currently working with Level Up to obtain relevant
information before any motion to compel as to the Defendants.
Counsel for Level Up stated that he was still working with his
client on the requested records, but that the alleged calls
involved a subcontractor of Level Up, who is based in Pakistan and
who no longer has a relationship with Level Up.
The Plaintiff seeks to certify three classes under the Telephone
Consumer Protection Act ("TCPA"). Those putative classes consist
of:
"persons in the United States who received two or more calls
from or on behalf of the Defendants, Symmetry Financial Group,
LLC ("Symmetry") or Quility Software Applications LLC
("Quility" and with Symmetry "Defendants") call within a 12-
month period, promoting the goods or services of the
Defendants."
Symmetry offers life insurance, disability insurance, and
retirement planning for doctors, dentists and professionals.
A copy of the Plaintiff's motion dated Oct. 13, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=AGpsVz at no extra
charge.[CC]
The Plaintiff is represented by:
Jacob U. Ginsburg, Esq.
KIMMEL & SILVERMAN, P.C.
30 East Butler Pike
Ambler, PA 19002
Telephone: (267) 468-5374
E-mail: jginsburg@creditlaw.com
- and -
Alex D. Kruzyk, Esq.
PARDELL, KRUZYK & GIRIBALDO, PLLC
7500 Rialto Blvd. Suite 1-250
Austin, TX 78735
Telephone: (561) 726-8444
E-mail: akruzyk@pkglegal.com
- and -
Mitchel Erik Luxenburg, Esq.
THE LAW FIRM OF MITCH LUXENBURG LLC
23875 Commerce Park Rd,
Beachwood, OH 44122
Telephone: (216) -452-9301
E-mail: mitch@mluxlaw.com
TESOLIFE US: Wills Balks at Blind User-Inaccessible Website
-----------------------------------------------------------
LAURENCE WILLS, on behalf of himself and all others similarly
situated, Plaintiff v. TESOLIFE US, INC., Case No. 1:25-cv-05707
(E.D.N.Y., Oct. 10, 2025) sues the Defendant for their failure to
design, construct, maintain, and operate their website,
www.tesolife.com, to be fully accessible to and independently
usable by the Plaintiff and other blind or visually-impaired
persons, pursuant to the Americans with Disabilities Act.
The Plaintiff was injured when Plaintiff attempted multiple times,
most recently on May 5, 2025, to access Defendant's Website from
Plaintiff's home in an effort to shop for Defendant's products, but
encountered barriers that denied the full and equal access to
Defendant's online goods, content, and services.
Specifically, the Plaintiff wanted to purchase original Chinese
products. The Plaintiff's desire for this service was due to the
fact that he was searching for authentic, high-quality Chinese
goods, which were hard to find through local retailers.
The Defendant is a company that owns and operates the Website,
offering features which should allow all consumers to access the
goods and services and by which the Defendant ensures the delivery
of such goods throughout the United States, including New York
State.[BN]
The Plaintiff is represented by:
Rami Salim, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: rsalim@steinsakslegal.com
TICKETMASTER LLC: Holmes Suit Transferred to C.D. California
------------------------------------------------------------
The case captioned as Nadine Holmes, and others similarly situated
v. Ticketmaster LLC, Live Nation Entertainment, Inc., Case No.
1:25-cv-01138 was transferred from the U.S. District Court for the
District of Maryland, to the U.S. District Court for the Central
District of California on Oct. 14, 2025.
The District Court Clerk assigned Case No. 2:25-cv-09807-MCS-AS to
the proceeding.
The nature of suit is stated as Other Statutory Actions.
Ticketmaster Entertainment, LLC -- https://www.ticketmaster.com/ --
is an American ticket sales and distribution company based in
Beverly Hills, California.[BN]
The Plaintiffs are represented by:
Cory L. Zajdel, Esq.
David Matthew Trojanowski, Esq.
Z LAW LLC
2345 York Road Suite B-13
Timonium, MD 21093
Phone: (443) 213-1977
Email: clz@zlawmaryland.com
dmt@zlawmaryland.com
- and -
Oren S. Giskan, Esq.
GISKAN SOLOTAROFF & ANDERSON, LLP
1 Rockefeller Plaza, 8th Floor
New York, NY 10020
Phone: (646) 964-9644
Email: ogiskan@gslawny.com
The Defendants are represented by:
Lindsay Harrison, Esq.
1099 New York Ave NW, Suite 900
Washington, DC 20001
Phone: (617) 501-3727
Email: lharrison@jenner.com
TTI OUTDOOR POWER: Custer Sues Over Dangerous Defective Product
---------------------------------------------------------------
Keith Custer, individually and on behalf of himself and all others
similarly situated v. TTI OUTDOOR POWER EQUIPMENT, INC., a Delaware
Corporation, Case No. 1:25-cv-13002-JEK (D. Mass., Oct. 14, 2025),
is brought against Defendant for selling its "Ryobi" branded
electric pressure washers, including but not limited to the
RY142300 and RY142711VNM models (the "Products") which have a
dangerous defect.
Specifically, the pressure washer's capacitor can overheat and
burst, causing parts to be forcefully ejected, posing a risk of
serious injury from impact to the user or bystanders (the
"Defect"). The Defendant has been aware of the Defect, which is
dangerous, for years having received "135 reports of capacitors
overheating, including 41 reports of explosions, resulting in 32
injuries and/or fractures to the fingers, hands, face, and eyes."
On August 8, 2025, the Products were recalled (the "Recall"), and
consumers were instructed to "immediately stop using" them. Hence,
the pressure washers are unreasonably dangerous, and unsuitable for
their principal and intended purpose. Defendant refuses to provide
refunds for its admittedly defective pressure washers. Instead,
consumers' only option is to attempt to repair the Products
themselves—regardless of whether they have the tools, aptitude or
time to do so.
By selling a dangerously defective product, Defendant violated the
Uniform Commercial Code's ("UCC") warranty provisions and
Massachusetts consumer protection statutes. Prior to the Recall and
despite the serious safety dangers presented by the Products,
Defendant intentionally marketed and sold the Products as safe and
fit for their intended purpose and failed to effectively disclose
to consumers that Products posed a risk of explosion.
The Defendant knew, or should have known, of these incidents, yet
it did nothing. Indeed, despite reported incidents dating back to
2017, Defendant failed to issue any warning or make design changes
to remedy the Defect and continued profiting from its sales
throughout the United States, says the complaint.
The Plaintiff purchased RY142300in approximately 2020 from a Home
Depot located in Massachusetts.
The Defendant engaged in the business of designing, manufacturing,
importing, marketing, labeling, distributing, selling and/or
introducing into interstate commerce the "Ryobi" branded pressure
washers, including the Products.[BN]
The Plaintiff is represented by:
Scott C. Harris, Esq.
Russell Busch, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
900 W. Morgan St.
Raleigh, NC 27603
Phone: (919) 600-5003
Fax: (919) 600-5035
Email: sharris@milberg.com
rbusch@brysonpllc.com
- and -
Melissa S. Weiner, Esq.
Ryan T. Gott, Esq.
PEARSON WARSHAW, LLP
328 Barry Ave. S., Suite 200
Wayzata, MN 55391
Phone: (612) 389-0600
Email: mweiner@pwfirm.com
rgott@pwfirm.com
- and -
Rachel Soffin, Esq.
PEARSON WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
Sherman Oaks, California 91403
Phone: (818) 788-8300
Facsimile: (818) 788-8104
Email: rsoffin@milberg.com
- and -
Nick Suciu, III, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC
6905 Telegraph Road, Suite 115
Bloomfield Hills, MI 48301
Phone: (313) 303-3472
Email: nsuciu@milberg.com
- and -
Trenton R. Kashima, Esq.
BRYSON HARRIS SUCIU & DEMAY PLLC
402 West Broadway, Suite 1760
San Diego, CA 92101
Phone: (619) 810-7047
Email: tkashima@brysonpllc.com
UNITED CEREBRAL: Harris Suit Seeks to Recover Unpaid OT Wages
-------------------------------------------------------------
CHINA HARRIS and CYNTHIA MOLETTE, individually and on behalf of all
others similarly situated, Plaintiffs v. UNITED CEREBRAL PALSY
SEGUIN OF GREATER CHICAGO, Defendant, Case No. 1:25-cv-12350 (N.D.
Ill., October 9, 2025) seeks all available remedies under the Fair
Labor Standards Act, the Illinois Minimum Wage Law, and the
Illinois Wage Payment and Collection Act for Defendant's failure to
pay all compensation owed.
Plaintiffs Harris and Molette were employed by UCP Seguin as
salaried Extended Support Specialists between June 2023 and July
2024 and between June 2022 and March 2024, respectively.
The complaint asserts that Plaintiffs and Class Members were all
subject to UCP Seguin's uniform policy of not properly calculating
overtime compensation. By failing to pay all the overtime
compensation owed to Plaintiffs and Class Members, UCP Seguin acted
willfully and in reckless disregard of clearly applicable FLSA
provisions and Illinois state law, says the suit.
United Cerebral Palsy Seguin of Greater Chicago is an Illinois
non-profit corporation with its principal place of business in
Cicero, Illinois.[BN]
The Plaintiffs are represented by:
Camille Fundora Rodriguez, Esq.
BERGER MONTAGUE PC
1818 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 875-3000
Facsimile: (215) 875-4620
E-mail: crodriguez@bergermontague.com
- and -
Mariyam Hussain, Esq.
BERGER MONTAGUE PC
110 N. Wacker Drive, Suite 2500
Chicago, IL 60606
Telephone: (773) 666-4316
E-mail: mhussain@bergermontague.com
US LBM: Royston Class Suit Removed to M.D. Pa.
----------------------------------------------
The case styled as TIMOTHY ROYSTON, on behalf of himself and others
similarly situated, Plaintiff v. US LBM OPERATING COMPANY 2009, LLC
d/b/a MYERS BUILDING PRODUCT SPECIALISTS, Defendant, Case No.
2024-SU-0643, was removed from the Court of Common Pleas of Adams
County, Pennsylvania to the United States District Court for the
Middle District of Pennsylvania on October 16, 2025.
The District Court Clerk assigned Case No. 1:25-cv-01954-KMN to the
proceeding.
The Plaintiff's complaint asserts individual causes of action for
disability discrimination and retaliation under the Americans with
Disabilities Act, and interference with Plaintiff's rights to
healthcare benefits under the Employee Retirement Income Security
Act of 1974. The Complaint also asserts individual and
class/collective claims for denial of proper minimum wage and
overtime wages under the Fair Labor Standards Act, the Pennsylvania
Minimum Wage Act, and the Pennsylvania Wage Payment and Collection
Law.
US LBM OPERATING COMPANY is a building materials distributor in the
United States.[BN]
The Defendant is represented by:
Mariah H. McGrogan, Esq.
REED SMITH LLP
225 Fifth Avenue
Pittsburgh, PA 15222
Telephone: (412) 288-3152
Facsimile: (412) 288-3063
E-mail: mmcgrogan@reedsmith.com
VILLAGES AT NOAH'S: Seeks More Time to File Class Cert Response
---------------------------------------------------------------
In the class action lawsuit captioned as MARK MURPHY AND MARIA
MURPHY, as guardians of OLIVIA MURPHY, BERNITA GIGOWSKI as guardian
of SARAH MELISSA GIGOWSKI, DEBORAH HOLLAND as guardian of SEAN
HOLLAND, LUANNE SELLS, as guardian of TYLER RAYMOND SELLS, SUZANNE
PREVATT TRUEBLOOD, as guardian of AUSTIN JAMES TRUEBLOOD, v.
VILLAGES AT NOAH'S LANDING LTD., NOAH'S ARK OF CENTRAL FLORIDA,
INC. d/b/a ROAR FLORIDA, ATALA CONSULTING, LLC, ROYAL AMERICAN
MANAGEMENT, INC., and CONSTANCE BAMBERG, Case No.
8:25-cv-00022-TPB-TGW (M.D. Fla.), the Defendants ask the Court to
enter an order granting an extension of time, until Nov. 21, 2025,
to file a response to the Plaintiffs' motion to certify class.
Because there is no operative complaint, and because the parties
anticipate the Second Amended Complaint shall necessitate amending
the Motion to Certify Class, the Defendants request until Nov. 21,
2025, to respond to the current Motion to Certify Class.
The Defendants have not been negligent with respect to this matter,
lacked diligence, or acted in bad faith. Instead, upon receiving
and reviewing the Order Granting Defendants' motions to dismiss,
the Defendants set a videoconference with counsel for Plaintiffs
regarding the impact of the Order on the Motion to Certify Class
and Defendants' responses. Defendants also expressed consent to
Plaintiffs filing a motion for leave to amend their Motion to
Certify Class.
However, in an abundance of caution, Defendants are filing this
Motion to Extend before Plaintiffs seek leave to amend their Motion
to Certify Class (should they ultimately choose to do so), to
ensure compliance with Rule 6(b)(1)(A).
On Sept. 4, 2025, while the motions to dismiss were pending, the
Plaintiffs filed their motion to certify class as to Counts VI-IX
of the Amended Complaint. The Motion to Certify Class seeks to
certify a class as to four counts in the Amended Complaint:
violation of Florida Deceptive and Unfair Trade Practices Act
(Count VI), breach of contract as third-party beneficiary (Count
VII), fraud (Count VIII), and unjust enrichment (Count IX).
On Sept. 30, 2025, the Court entered its Order granting the
Defendants' motions to dismiss.
Villages is a dynamic residential community for adults with
intellectual and developmental disabilities.
A copy of the Defendants' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=Df4cVU at no extra
charge.[CC]
The Defendants are represented by:
Allan J. Rotlewicz, Esq.
CALLAHAN & FUSCO, LLC
200 SW 1st Avenue, Suite 940
Fort Lauderdale, FL 33301
Telephone: (877) 618-9770
Facsimile: (954) 252-2308
E-mail: arotlewicz@callahanfusco.com
eserve@callahanfusco.com
- and -
Noel F. Johnson, Esq.
DINSMORE & SHOHL LLP
200 South Biscayne Blvd., Suite 2401
Miami, FL 33131
Telephone: (786) 957-1157
Facsimile: (786) 957-1158
E-mail: Noel.Johnson@Dinsmore.com
Jessica.SanMartin@Dinsmore.com
- and -
Jeffrey M. Partlow, Esq.
Geraldine P. Asher, Esq.
COLE, SCOTT & KISSANE, P.A.
Tower Place, Suite 400
1900 Summit Tower Boulevard
Orlando, FL 32810
Telephone: (321) 972-0079
Facsimile: (321) 972-0099
E-mail: jeffrey.partlow@csklegal.com
geraldine.asher@csklegal.com
deeana.bryant@csklegal.com
VILLANOVA UNIVERSITY: Parties Seeks More Time to File Class Cert.
-----------------------------------------------------------------
In the class action lawsuit captioned as MEREDITH FAW, individually
and on behalf of all others similarly situated, v. VILLANOVA
UNIVERSITY, Case No. 2:23-cv-03897-CMR (E.D. Pa.), the parties
request the Court granting Plaintiff leave to file her Motion for
Class Certification and Defendant leave to file its Response to
Motion for Class Certification.
Accordingly, the parties request that this Court grant Plaintiff
leave to file her Motion for Class Certification with a maximum of
twenty (20) pages and Defendant leave to file its Response to
Motion for Class Certification with a maximum of twenty (20)
pages.
A copy of the Parties' motion dated Oct. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=FOV3Pf at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
LYNCH CARPENTER LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: nickc@lcllp.com
- and -
Michael A. Tompkins, Esq.
Anthony Alesandro, Esq.
LEEDS BROWN LAW, P.C.
1 Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
The Defendant is represented by:
Michael E. Baughman, Esq.
Christopher R. Healy
TROUTMAN PEPPER HAMILTON
SANDERS LLP
3000 Two Logan Square
18th and Arch Streets
Philadelphia, PA 19103
Telephone: (215) 981-4000
E-mail: michael.baughman@troutman.com
christopher.healy@troutman.com
WALMART INC: Adam Sues Over Mislabeled Protein Shake
----------------------------------------------------
JANICE ADAM, individually and on behalf of all others similarly
situated, Plaintiff v. WALMART INC.; and DOES 1 through 100,
inclusive, Defendants, Case No. 25cv149160 (Cal. Super., Alameda
Cty., Oct. 14, 2025) is a class action seeking to redress the
Defendants' false, misleading and deceptive practices in labeling
and marketing of the Equate Protein Shake Chocolate ("Product"
and/or "Products"), which claims to have 30 grams of protein per
serving and provides 60% Daily Value (%DV) (the "Protein
Representation").
According to the Plaintiff in the complaint, contrary to
Defendant's Protein Representation, testing of the Defendant's
Product by the Plaintiffs' counsel found that the Product contains
only approximately 26.98 grams of protein per serving, roughly 10%
deviation from the advertised amount.
The Defendants' unlawful and misleading protein claims caused
Plaintiff and members of the class to pay a price premium for the
Product. The Plaintiff and class members were injured because they
paid more for the Product based on its protein representations than
they would have had they known of the misleading advertising, says
the suit.
Walmart Inc. operates discount stores, supercenters, and
neighborhood markets. The Company offers merchandise such as
apparel, house wares, small appliances, electronics, musical
instruments, books, home improvement, shoes, jewelry, toddler,
games, household essentials, pets, pharmaceutical products, party
supplies, and automotive tools. [BN]
The Plaintiff is represented by:
II Mark D. Potter, Esq.
II James M. Treglio, Esq.
Cara Townsend, Esq.
Isabel Rose Masanque, Esq.
Bree Durso, Esq.
THE RIGHT TRIAL LAWYERS
1410 E Winding Way, Suite B
Friendswood, TX 77546
Telephone: (415) 534-0530
Facsimile: (888) 422-5191
Email: Mark@trtl.law
JimT@trtl.law
CaraT@trtl.law
IsabelM@trtl.law
BreeDurso@trtl.law
WEBER-STEPHEN PRODUCTS: Frost Sues Over Blind-Inaccessible Website
------------------------------------------------------------------
Clarence and Tammy Frost, individually and on behalf of all others
similarly situated v. Weber-Stephen Products, LLC, Case No.
0:25-cv-03945-KMM-LIB (D. Minn., Oct. 14, 2025), is brought arising
because the Defendant's Website (www.weber.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 grills for sale including, but not limited to,
gas grills, wood pellet grills, electric grills, griddles,
replacement parts, accessories, 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
WILKES UNIVERSITY: Buller Sues Over Failure to Safeguard PII
------------------------------------------------------------
Autumn Buller and Vincent Abbott, individually and on behalf of all
others similarly situated v. WILKES UNIVERSITY, Case No.
3:25-cv-01941-JKM (M.D. Pa., Oct. 15, 2025), is brought against
Defendant for its failure to properly secure and safeguard
Plaintiffs' and other similarly situated individuals' ("Class
Members") personally identifying information, including names,
addresses, dates of birth, student ID numbers, Social Security
numbers, driver's license numbers or state identification numbers,
financial account numbers, financial aid information, health
insurance policy number, and/or medical alert information.
(collectively "PII" or "Private Information").
The Plaintiff and Class Members are individuals who were required
to indirectly and/or directly provide Defendant with their Private
Information in order to obtain services from Defendant. By
collecting, storing, and maintaining Plaintiffs' and Class Members'
Private Information, Wilkes has a resulting duty to secure,
maintain, protect, and safeguard the Private Information that it
collects and stores against unauthorized access and disclosure
through reasonable and adequate data security measures.
Despite Defendant's duty to safeguard the Private Information of
Plaintiffs and Class Members, their Private Information in
Defendant's possession was compromised when an unauthorized party
gained access to Defendant's network environment and exfiltrated
sensitive data stored therein on or about January 25, 2025 (the
"Data Breach").
The Defendant disregarded the rights of Plaintiffs and Class
Members by intentionally, willfully, recklessly, and/or negligently
failing to implement adequate and reasonable measures to ensure
that Plaintiffs' and Class Members' PII was safeguarded, failing to
take available steps to prevent unauthorized disclosure of data and
failing to follow applicable, required and appropriate protocols,
policies, and procedures regarding the encryption of data, even for
internal use.
As a result, Plaintiffs' and Class Members' PII was compromised by
an unauthorized third-party. Plaintiffs and Class Members have a
continuing interest in ensuring that their information is and
remains safe and are entitled to injunctive and other equitable
relief. As a direct and proximate result of Defendant's failure to
implement and follow basic security procedures, Plaintiffs' and
Class Members' Private Information is now in the hands of
cybercriminals, says the complaint.
The Plaintiff provided her Private Information indirectly and/or
directly to Defendant, and that PII was compromised during the Data
Breach.
Wilkes University is a private, nonprofit institution of higher
education located in Wilkes-Barre, Pennsylvania.[BN]
The Plaintiff is represented by:
Gerald D. Wells, III, Esq.
Stephen F. Connolly, Esq.
LYNCH CARPENTER, LLP
1760 Market Street, Suite 600
Philadelphia, PA 19103
Phone: 267-609-6910
Fax: 267-609-6955
Email: jerry@lcllp.com
steve@lcllp.com
WILKES UNIVERSITY: Fails to Protect Personal Info, Grandinetti Says
-------------------------------------------------------------------
MARIA GRANDINETTI, on behalf of herself and all others similarly
situated, Plaintiff v. WILKES UNIVERSITY, Defendant, Case No.
3:25-cv-01948-KM (M.D. Pa., October 16, 2025) is a class action
complaint against the Defendant for its failure to protect highly
sensitive data, in violation of the Federal Trade Commission Act.
According to the complaint, the Defendant stores a litany of highly
sensitive personally identifiable information ("PII") of 27,632
individuals, including current and former employees and students,
as part of its business operations. However, the Defendant lost
control over this data when cybercriminals infiltrated its
insufficiently protected computer systems in a data breach.
From January 25 to January 26, 2025, the Defendant was hacked,
resulting in the compromise of the following PII: full names,
addresses, dates of birth, student ID numbers, Social Security
numbers, driver's license numbers, state identification numbers,
financial account numbers, financial aid information, health
insurance policy numbers, and medical alert information. The
Defendant admitted that it discovered the data breach on September
22, 2025, yet waited until October 8, 2025, to begin notifying the
affected class--a full 256 days after the breach began, the
complaint asserts.
The Plaintiff is a data breach victim, having received a breach
notice, notes the complaint. The Plaintiff alleges that she
suffered actual injury from the exposure and theft of her
PII--which violates her rights to privacy.
Plaintiff Maria Grandinetti is a former employee and student of
Defendant.
The Defendant is a private university based in Wilkes-Barre,
Pennsylvania.[BN]
The Plaintiff is represented by:
Patrick Howard, Esq.
SALTZ MONGELUZZI &
BENDESKY, P.C.
1650 Market Street, 52nd Floor
Philadelphia, PA 19103
Telephone: (215) 575-3895
E-mail: phoward@smbb.com
- and -
Samuel J. Strauss
Raina C. Borrelli
STRAUSS BORRELLI PLLC
One Magnificent Mile
980 N Michigan Avenue, Suite 1610
Chicago IL, 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: sam@straussborrelli.com
raina@straussborrelli.com
YEHUDA SHMIDMAN: Court OKs Settlement Distribution Plan in "D'Arcy"
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In the case captioned as Peter D'Arcy, individually and on behalf
of all others similarly situated, Plaintiff, v. Yehuda Shmidman,
Karen Murray, Gary Klein, Andrew Cooper, Chad Wagenheim, Peter
Lops, David Conn, Daniel Hanbridge, Lorraine Disanto, William
Sweedler, Aaron Hollander, Al Gossett, Stewart Leonard, Jr., and
CohnReznick LLP, Defendants, Case No. 1:21-cv-07296 (S.D.N.Y.),
Judge J. Paul Oetken of the U.S. District Court for the Southern
District of New York approved Lead Plaintiff's plan for
distribution of the Net Settlement Fund to Authorized Claimants in
this securities class action.
The Court adopted the administrative determinations of the
Court-approved Claims Administrator, Angeion Group. The Court
directed Angeion Group to conduct an initial distribution of the
available balance of the Net Settlement Fund, after deducting all
payments approved by the Court, including for the payment or
estimate of any Taxes and escrow fees while maintaining a 10%
reserve to address any claims administration-related contingencies
that may arise. Angeion will calculate award amounts to all
Authorized Claimants from the Net Settlement Fund and will
eliminate any Authorized Claimant whose award amount is calculated
to be less than $10.00. Such Authorized Claimants will not receive
any distribution from the Net Settlement Fund.
After eliminating Claimants who would have received less than
$10.00, Angeion will recalculate the pro rata distribution payments
for Authorized Claimants who would have received $10.00 or more.
Distribution checks will bear the notation CASH PROMPTLY, VOID AND
SUBJECT TO RE-DISTRIBUTION IF NOT CASHED WITHIN 90 DAYS OF ISSUE
DATE to encourage Authorized Claimants to promptly cash their
distributions. Authorized Claimants who do not cash their
distribution checks within the time allotted will irrevocably
forfeit all recovery from the Settlement, and the funds allocated
to such stale-dated checks will be subject to re-distribution.
If any funds remain in the Net Settlement Fund after determining
that further re-distribution is no longer cost-effective, the funds
shall be contributed to the New York Bar Foundation, or such other
private, non-profit, non-sectarian 501(c)(3) organization
designated by Lead Plaintiff and approved by the Court. The Court
approved all of Angeion Group's fees and expenses incurred in the
administration of the Settlement and directed Lead Counsel to pay
the outstanding balance of $21,193.30 out of the Settlement Fund to
Angeion Group.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=6EHhFG from PacerMonitor.com
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