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C L A S S A C T I O N R E P O R T E R
Thursday, November 27, 2025, Vol. 27, No. 237
Headlines
ALPHABET INC: Hearing on Class Cert Bid Set for Feb. 4, 2026
ANGEION GROUP: Dendy Sues Over Class Admin. Services Price-fixing
ARSH LANDMARK: Sanchez Seeks Conditional Cert of Collective
ATALCO GRAMERCY: Class Cert Filing in Bosley Due July 27, 2026
BLACKSTONE INC: KRS Pension Plan Members Suit Remains Stayed
BRAEMAR HOTELS: $485 Deal in Cyber Security Suit Has Final Court OK
BRAEMAR HOTELS: $850K Deal in Workers’ Suit Has Final Court OK
BRIGHTHOUSE FINANCIAL: Continues to Defend "Kennedy"
BRIGHTHOUSE FINANCIAL: Continues to Defend "Martin"
BRIGHTHOUSE FINANCIAL: Court Certifies Class in "Newton"
BXP INC: Continues to Defend Wage & Hour Suit in New York
CANOPY GROWTH: Continues to Defend British Columbia Suit
CANOPY GROWTH: Continues to Defend Securities Suit in New York
CANOPY GROWTH: Continues to Defend Securities Suits in Ontario
CEDAR REALTY: Continues to Defend "Aquino" in Maryland
CONDUENT BUSINESS: Brink Sues Over Unprotected Personal Info
CONDUENT BUSINESS: Fails to Protect Personal Info, Dymarsky Says
CONDUENT INC: Faces Cook Suit Over Unprotected Personal Info
CORPORACION ELECTRICA: Settlement Discussions Deadline Adjourned
CREDIT SUISSE: NY Court Certifies Class in Securities Fraud Suit
CUSHMAN & WAKEFIELD: Seeks More Time to Oppose Class Cert Bid
DAVID SALINAS: Parties Seek More Time to File Class Cert Bid
DELTA DEFENSE: Settlement Deal in John Gets Initial OK
DONE GLOBAL: Bid for Class Certification Due March 24, 2026
DOXIMITY INC: Parties Seek to Withdraw Class Certification Bid
ENOVIX CORPORATION: Plaintiffs Seek to Certify Investor Class
EQUIFAX INFORMATION: Bradberry Seeks Settlement Prelim Nod
EVOLVE MORTGAGE: Fails to Protect Sensitive Data, Hardy Says
EXCLUSIVE MANAGEMENT: Bid for Conditional Status Partly OK'd
FITON INC: Filing for Class Cert Bid in Hoffman Due Dec. 29
FUJI HANA: Lin Seeks Rule 23 Class Certification
GLOBALLOGIC INC: Brown Sues Over Failure to Protect Sensitive Data
IFCO SYSTEMS: Must Pay Costs for Cancelled Deposition
INTERACTIVE BROKERS: Parties Seek Initial OK of Settlement
JEFF RUBY: Lamb Seeks Approval of FLSA Settlement
KETTLE AND FIRE: Garza Balks at Mislabeled Bone Broth Products
KOHLER CO: Beltran Sues for Invasion of Privacy, Wiretapping
KOTN AMERICA: Anderson Sues Over Blind-Inaccessible Website
L'OREAL USA: Hernandez Class Suit Removed to D. Md.
LHNH LAVISTA: Eggleston Sues for Negligence, Lack of Maintenance
LINKSQUARES INC: Parties Seek Extension of Class Cert Bid Filing
MEDICALODGES INC: Blevins Sues to Recover Unpaid Wages
MERCHBAR INC: Battle Seeks Equal Website Access for the Blind
REGAL SECURITIES: Fails to Protect Personal Info, Chapman Says
RINGCENTRAL INC: Settles Reuben Data Privacy Suit
SCRIPPS NETWORKS: Court Dismisses VPPA Claim in "Simon"
THC – ORANGE COUNTY: Rehan Suit Removed to S.D. California
UNIVERSITY OF PENNSYLVANIA: Gade Alleges Unprotected Personal Info
VESTIS CORPORATION: Class Cert. Deadlines Continued
WHOLE FOODS: Albrigo Sues Over Mislabeled Organic Orange Juice
WIDENER UNIV: Sparacino Seeks Initial OK of Proposed Settlement
XCEL ENERGY: Class Settlement in Arandell Suit Gets Initial Nod
XCEL ENERGY: Class Settlement in Newpage Suit Gets Initial Nod
XGIMI TECHNOLOGY: Wins Partial Dismissal of "Garrido"
XPO LAST: Lopez Seeks to Continue Hearing on Class Cert Bid
ZILLOW GROUP: Faces Armstrong Suit Over Illegal Kickback Scheme
*********
ALPHABET INC: Hearing on Class Cert Bid Set for Feb. 4, 2026
------------------------------------------------------------
In the class action lawsuit captioned as J. L. et al v. Alphabet
Inc. et al. (re Google Generative AI Copyright Litigation), Case
No. 5:23-cv-03440-EKL (N.D. Cal.), the Hon. Judge Eumi K. Lee
entered an order extending briefing schedule related to class
certification:
1. The deadline for the Defendant to file opposition to class
certification motion, disclose opposing expert report(s), and
file Daubert motion(s) shall be extended to Nov. 20, 2025;
2. The deadline for the Plaintiffs to file reply in support of
class certification motion, opposition(s) to the Defendant's
Daubert motion(s), and Daubert motion(s) as to the
Defendant's experts shall be extended to Dec. 30, 2025;
3. The deadline for the Defendant to file opposition to the
Plaintiffs' Daubert motions shall be extended to Jan. 6,
2026;
4. The hearing on the Plaintiffs' class certification and
related Daubert motions is unaffected by this Order and
remains set for Feb. 4, 2026.
Alphabet is a holding company, which engages in the business of
acquisition and operation of different companies.
A copy of the Court's order dated Nov. 13, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=XRHjOz at no extra
charge.[CC]
The Plaintiffs are represented by:
Lesley E. Weaver, Esq.
Anne K. Davis, Esq.
Joshua D. Samra, Esq.
Gregory S. Mullens, Esq.
BLEICHMAR FONTI & AULD LLP
1330 Broadway, Suite 630
Oakland, CA 94612
Telephone: (415) 445-4003
E-mail: lweaver@bfalaw.com
adavis@bfalaw.com
jsamra@bfalaw.com
gmullens@bfalaw.com
- and -
Joseph R. Saveri, Esq.
Cadio Zirpoli, Esq.
Christopher K.L. Young, Esq.
Elissa A. Buchanan, Esq.
Evan A. Creutz, Esq.
Aaron Cera, Esq.
Louis Kessler, Esq.
Alexander Y. Zeng, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1505
San Francisco, CA 94108
Telephone: (415) 500-6800
E-mail: jsaveri@saverilawfirm.com
czirpoli@saverilawfirm.com
cyoung@saverilawfirm.com
eabuchanan@saverilawfirm.com
ecreutz@saverilawfirm.com
acera@saverilawfirm.com
lkessler@saverilawfirm.com
azeng@saverilawfirm.com
- and -
Brian D. Clark, Esq.
Laura M. Matson, Esq.
Arielle S. Wagner, Esq.
Consuela Abotsi-Kowu, Esq.
Stephen J. Teti, Esq.
LOCKRIDGE GRINDAL NAUEN PLLP
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
E-mail: bdclark@locklaw.com
lmmatson@locklaw.com
aswagner@locklaw.com
cmabotsi-kowo@locklaw.com
sjteti@locklaw.com
- and -
Ryan J. Clarkson, Esq.
Yana Hart, Esq.
Mark I. Richards, Esq.
Tracey Cowan, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
E-mail: rclarkson@clarksonlawfirm.com
yhart@clarksonlawfirm.com
mrichards@clarksonlawfirm.com
tcowan@clarksonlawfirm.com
The Defendants are represented by:
David H. Kramer, Esq.
Maura L. Rees, Esq.
Paul J. Sampson, Esq.
Eric P. Tuttle, Esq.
WILSON SONSINI GOODRICH & ROSATI
Professional Corporation
650 Page Mill Road
Palo Alto, CA 94304-1050
Telephone: (650) 493-9300
E-mail: dkramer@wsgr.com
mrees@wsgr.com
psampson@wsgr.com
eric.tuttle@wsgr.com
ANGEION GROUP: Dendy Sues Over Class Admin. Services Price-fixing
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Scott Dendy, individually and on behalf of all others similarly
situated, Plaintiff v. ANGEION GROUP LLC, EPIQ SYSTEMS, INC., JND
LEGAL ADMINISTRATION, TREMENDOUS LLC, BLACKHAWK NETWORK HOLDINGS,
INC., DIGITAL SETTLEMENT TECHNOLOGIES LLC d/b/a DIGITAL
DISBURSEMENTS PAYMENTS, HUNTINGTON NATIONAL BANK, and WESTERN
ALLIANCE BANK, Defendants, Case No. 5:25-cv-01936-MHH (N.D. Ala.,
November 7, 2025) is a class action against the Defendants for
engaging in a manipulative and deceptive scheme to obtain millions
of dollars in undisclosed compensation for serving as the
court-approved settlement administrators in mass tort and class
action lawsuits across the U.S., in violation of the Sherman Act
and the Racketeer Influenced and Corrupt Organizations Act.
According to the complaint, sometime during 2021 -- when the
interest rates in the United States started rising -- Administrator
Defendants entered into an ongoing agreement with each other to
increase the cost and price of class administration services,
including by having Bank Defendants pay them the interest and
investments earned on class action settlement deposits that would
have otherwise been distributed to class member and used to pay
down the cost of class administration services.
In their bids, proposals, and agreements for providing settlement
administration services, the Administrator Defendants represent the
amount of compensation they expect to receive from providing such
services. However, unbeknownst to Plaintiff, Class Members and the
courts, Defendants reap significant profits from so-called "revenue
sharing" payments for using digital payment cards and gift cards,
which they distribute to class members. In reality, these revenue
sharing payments are nothing more than kickbacks received from the
FinTech Defendants, says the suit.
The Plaintiff brings this action to bring an end to Defendants'
clandestine practices, enjoin them from continued use of the
kickbacks for their own benefit, to compensate the class members
for the harm caused by Defendants' illegal conduct, and to stop the
anticompetitive practices that the Defendants have carried on,
which has depressed payouts substantially in class actions in the
United States.
Angeion Group LLC is a class action administration company that
maintains its principal executive offices in Philadelphia,
Pennsylvania.[BN]
The Plaintiff is represented by:
Douglas A. Dellaccio, Jr., Esq.
Hunter M. Phares, Esq.
CORY WATSON, P.C.
2131 Magnolia Avenue South
Birmingham, AL 35205
Telephone: (205) 328-2200
Facsimile: (205) 324-7896
E-mail: ddellaccio@corywatson.com
hphares@corywatson.com
- and -
Darla LaShay Persall, Esq.
SHAY PERSALL LAW, LLC
611 7th Street SW
Cullman, AL 35055
Telephone: (256) 841-7800
Facsimile: (256) 841-7808
E-mail: shay@persalllaw.com
ARSH LANDMARK: Sanchez Seeks Conditional Cert of Collective
-----------------------------------------------------------
In the class action lawsuit captioned as MIGUEL ZEPEDA SANCHEZ, on
behalf of himself, FLSA Collective Plaintiffs, and the Class, v.
ARSH LANDMARK GENERAL CONSTRUCTION, CORP., GARIB TANEJA, and
MUHAMMAD SABIR, Case No. 1:25-cv-00632-DEH-SLC (S.D.N.Y.), the
Plaintiff asks the Court to enter an order granting motion for
conditional collective certification and for court facilitation of
notice pursuant to 29 U.S.C. section 216(b)
The Defendant is a civil construction company.
A copy of the Plaintiff's motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=vFbUte at no extra
charge.[CC]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
ATALCO GRAMERCY: Class Cert Filing in Bosley Due July 27, 2026
--------------------------------------------------------------
In the class action lawsuit captioned as VINA BOSLEY and SHAWN COOK
SR., individually and on behalf of all others similarly situated v.
ATALCO GRAMERCY LLC (f/k/a GRAMERCY HOLDINGS I, LLC) Case No.
2:24-cv-02540-JTM-EJD (E.D. La.), the Hon. Judge Milazzo entered an
order granting the Parties’ second joint motion to extend class
certification discovery and briefing deadlines as follows:
Deadline
Deadline for completing all fact discovery Feb. 17, 2026
on class certification issues:
The Plaintiffs' deadline for disclosing Feb. 10, 2026
class-related expert(s) and CVs:
The Defendant's deadline for disclosing Mar. 24, 2026
class-related expert(s) and CVs:
The Plaintiffs' deadline to move for class July 27, 2026
Certification:
The Defendant's deadline to file opposition Aug. 28, 2026
to motion for class certification:
The Plaintiffs' deadline to file reply to Sept. 18, 2026
The Defendant's opposition to class
certification:
Atalco is a major alumina refinery.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=7mFUvP at no extra
charge.[CC]
BLACKSTONE INC: KRS Pension Plan Members Suit Remains Stayed
------------------------------------------------------------
Blackstone Inc. disclosed in a Form 10-Q Report for the quarterly
period ended September 30, 2025, filed with the U.S. Securities and
Exchange Commission that the putative class action lawsuit filed by
pension plan members of the Kentucky Retirement System remains
stayed.
In December 2017, eight pension plan members of the Kentucky
Retirement System ("KRS") filed a derivative lawsuit on behalf of
KRS in Franklin County Circuit Court in Kentucky (the "Mayberry
Action"). Plaintiffs alleged breaches of fiduciary duty and other
violations of Kentucky law in connection with KRS's investment in
three hedge funds of funds, including a fund managed by Blackstone
Alternative Asset Management L.P. ("BLP"). The suit named more than
30 defendants, including, among others, The Blackstone Group L.P.
(now Blackstone Inc.); BLP; Stephen A. Schwarzman, as Chairman and
CEO of Blackstone; and J. Tomilson Hill, as then-CEO of BLP
(collectively, the "Blackstone Defendants"). In July 2020, the
Kentucky Supreme Court directed the Circuit Court to dismiss the
action for lack of standing.
In July 2020, the Kentucky Attorney General (the "AG") filed its
own action asserting substantially identical claims against largely
the same defendants (the "July 2020 Action"). In May 2024, the
Court denied the Blackstone Defendants' and most other defendants'
motions to dismiss the July 2020 Action. In April 2024, the AG
amended its complaint, adding breach-of-contract claims against the
fund manager defendants. Defendants moved to dismiss this amended
complaint in June 2024. Those motions are pending.
In August 2022, KRS was ordered to disclose a 2021 report it
commissioned to investigate the investment activities underlying
the lawsuit. The report "did not find any violations of fiduciary
duty or illegal activity by [BLP]," and quotes communications by
KRS staff during the period of the investment recognizing that BLP
was exceeding KRS's returns benchmark, providing KRS with "far
fewer negative months than any liquid market comparable," and that
BLP "[h]as killed it."
In January 2021, certain former plaintiffs in the Mayberry Action
filed a separate action ("Taylor I") against the Blackstone
Defendants and other defendants in the Mayberry Action, asserting
substantially similar allegations as the AG's July 2020 action did,
but styled as a direct class action. Taylor I was removed to the
U.S. District Court for the Eastern District of Kentucky and stayed
pending the outcome of the AG's July 2020 action.
In August 2021, a group of KRS members—including those that filed
Taylor I—filed an action in Franklin County Circuit Court
("Taylor II") substantially similar to Taylor I, against the
Blackstone Defendants, other defendants named in the Mayberry
Action, and other KRS officials. The Court denied most defendants'
motions to dismiss this action in May 2024. The Blackstone
Defendants and the other fund manager defendants filed a petition
for a writ of prohibition from that denial. In November 2024, the
Kentucky Court of Appeals denied defendants' writ of prohibition,
and defendants appealed to the Kentucky Supreme Court. Taylor II is
stayed pending review of this appeal.
In April 2021, the AG filed an action (the "Declaratory Judgment
Action") against BLP and the other fund manager defendants from the
Mayberry Action in Franklin County Circuit Court, seeking a
declaration that certain provisions in the subscription agreements
with KRS violate the Kentucky Constitution. In August 2024, the
Kentucky Supreme Court granted BLP's motion for discretionary
review of the Circuit Court's grant of summary judgment to the AG.
The appeal is pending.
BRAEMAR HOTELS: $485 Deal in Cyber Security Suit Has Final Court OK
-------------------------------------------------------------------
Braemar Hotels & Resorts Inc. disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that a $485,000 settlement
entered in a class action lawsuit arising from a cyber incident has
obtained final court approval.
"During the quarter ended September 30, 2023, we had a cyber
incident that resulted in the potential exposure of certain
personal information. We have completed an investigation and have
identified certain information that may have been exposed and
notified potentially impacted individuals pursuant to applicable
state guidelines. All systems have been restored. In February of
2024, two class action lawsuits were filed, one in the U.S.
District Court for the Northern District of Texas and a second in
the 68th District Court for Dallas County related to the cyber
incident. The lawsuit filed in the 68th District Court was
subsequently dismissed and refiled in the U.S. District Court for
the Northern District of Texas. On March 12, 2024, the court
ordered the two cases be consolidated. The consolidated case is
currently pending in the U.S. District Court for the Northern
District of Texas.
"The parties have reached an agreement, subject to final Court
approval, to resolve the class action suit. The amount of the class
settlement is approximately $485,000. Final court approval was
received on September 3, 2025," the Company stated.
BRAEMAR HOTELS: $850K Deal in Workers’ Suit Has Final Court OK
----------------------------------------------------------------
Braemar Hotels & Resorts Inc. disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that a $850,000 settlement
entered in a class action lawsuit alleging violations of California
employment laws has obtained final court approval.
On December 20, 2016, a class action lawsuit was filed against one
of the Company's hotel management companies in the Superior Court
of the State of California in and for the County of Contra Costa
alleging violations of certain California employment laws, which
class action affects two hotels owned by subsidiaries of the
Company. The court has entered an order granting class
certification with respect to: (i) a statewide class of non-exempt
employees of our manager who were allegedly deprived of rest breaks
as a result of our manager's previous written policy requiring its
employees to stay on premises during rest breaks; and (ii) a
derivative class of non-exempt former employees of our manager who
were not paid for allegedly missed breaks upon separation from
employment. Notices to potential class members were sent out on
February 2, 2021. Potential class members had until April 4, 2021
to opt-out of the class; however, the total number of employees in
the class has not been definitively determined and is the subject
of continuing discovery. The opt-out period has been extended until
such time that discovery has concluded. In May 2023, the trial
court requested additional briefing from the parties to determine
whether the case should be maintained, dismissed, or the class
de-certified. After submission of the briefs, the court requested
that the parties submit stipulations for the court to rule upon. On
February 13, 2024, the judge ordered the parties to submit
additional briefing related to on-site breaks.
A tentative settlement in the amount of $850,000 was reached on
February 14, 2025. Final court approval was obtained on September
12, 2025. Braemar's portion of the settlement is 11.7%. The case is
now in the settlement administration phase. As of September 30,
2025, the settlement liability amount has been accrued.
BRIGHTHOUSE FINANCIAL: Continues to Defend "Kennedy"
----------------------------------------------------
Brighthouse Financial, Inc., disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the purported class action lawsuit styled Kennedy v.
Progress Software Corporation, et al. (U.S. District Court,
District of Massachusetts, filed October 3, 2023).
"BHF has been named as a defendant in a purported class action
lawsuit. The action relates to a data security incident at an
alleged third-party vendor, PBI Research Services ("PBI"), and
allegedly involves the MOVEit file transfer system that PBI uses in
its provision of services ("MOVEit Incident"). As it relates to
BHF, plaintiff seeks to certify a subclass of persons whose private
information was allegedly maintained by BHF and accessed or
acquired in relation to the MOVEit Incident. Plaintiff alleges,
among other things, that BHF negligently chose to utilize PBI to
store and transfer plaintiff's and purported class members' private
information despite PBI's use of the MOVEit software which
plaintiff contends contained security vulnerabilities.
"The complaint asserts claims against BHF for negligence,
negligence per se, and unjust enrichment, and plaintiff seeks
declaratory and injunctive relief, damages, attorneys' fees and
prejudgment interest. The court dismissed claims for injunctive
relief against BHF, but denied the remainder of a motion to dismiss
based on plaintiff's lack of standing.
"BHF intends to vigorously defend this matter," the Company stated.
BRIGHTHOUSE FINANCIAL: Continues to Defend "Martin"
---------------------------------------------------
Brighthouse Financial, Inc., disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the purported class action lawsuit captioned
Lawrence Martin v. Brighthouse Life Insurance Company (U.S.
District Court, Southern District of New York, filed April 6,
2021).
"Plaintiff filed a purported class action lawsuit against
Brighthouse Life Insurance Company. Plaintiff is the owner of a UL
insurance policy issued by Travelers Insurance Company, a
predecessor to Brighthouse Life Insurance Company. Plaintiff sought
to certify a class of similarly situated owners of UL insurance
policies issued or administered by defendants and alleges that COI
charges were based on improper factors and should have decreased
over time due to improving mortality. Plaintiff's complaint
alleges, among other things, causes of action for breach of
contract, breach of the covenant of good faith and fair dealing,
and unjust enrichment. Plaintiff seeks to recover compensatory
damages, attorneys' fees, interest, and equitable relief including
a constructive trust. Brighthouse Life Insurance Company filed a
motion to dismiss in June 2021, which was denied in February 2022.
"On September 25, 2025, the court granted in part plaintiff's
motion for class certification, certifying as to plaintiff's breach
of contract claim based on the alleged failure to decrease COI
rates, a nationwide class of owners of UL policies, with the
product codes ULX or ULXP, that contains the language: "We will
base these rates only on our future outlook for mortality and
expenses." On October 9, 2025, plaintiff filed a petition for
permission to appeal to the United States Court of Appeals for the
Second Circuit.
"The Company intends to vigorously defend this matter," the Company
stated.
BRIGHTHOUSE FINANCIAL: Court Certifies Class in "Newton"
--------------------------------------------------------
Brighthouse Financial, Inc., disclosed in a Form 10-Q Report for
the quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that the U.S. District Court,
Northern District of Georgia, Atlanta Division, certified a class
in the case captioned Richard A. Newton v. Brighthouse Life
Insurance Company (filed May 8, 2020).
Plaintiff filed a purported class action lawsuit against
Brighthouse Life Insurance Company. Plaintiff was the owner of a
universal life ("UL") insurance policy issued by Travelers
Insurance Company, a predecessor to Brighthouse Life Insurance
Company. Plaintiff sought to certify a class of all persons who own
or owned life insurance policies issued where the terms of the life
insurance policy provide or provided, among other things, a
guarantee that the cost of insurance ("COI") rates would not be
increased by more than a specified percentage in any contract year.
Plaintiff also alleges that COI charges were based on improper
factors and should have decreased over time due to improving
mortality. Plaintiff's complaint alleges, among other things,
causes of action for breach of contract, fraud, suppression and
concealment, and violation of the Georgia Racketeer Influenced and
Corrupt Organizations Act. Plaintiff seeks to recover damages,
including punitive damages, interest and treble damages, attorneys'
fees, and injunctive and declaratory relief. Brighthouse Life
Insurance Company filed a motion to dismiss in June 2020, which was
granted in part and denied in part in March 2021. Plaintiff was
granted leave to amend the complaint. On January 18, 2023,
plaintiff filed a motion on consent to amend the second amended
class action complaint to narrow the scope of the class sought to
those who own or owned policies issued in Georgia. The motion was
granted on January 23, 2023, and the third amended class action
complaint was filed on January 23, 2023.
On September 5, 2025, the court granted in part plaintiff's motion
for class certification, certifying a class of all persons, who as
of May 8, 2015, owned a UL policy issued in Georgia by Brighthouse
Life Insurance Company or its predecessors-in-interest on Forms
ULXP86 and ULXP88, and who were subject to at least one monthly
deduction. On October 31, 2025, the court issued an amended order
changing the date as to class certification for breach of contract
claims to March 14, 2014 and for Georgia Racketeer Influenced and
Corrupt Organizations Act claims to March 14, 2015.
The Company intends to vigorously defend this matter.
BXP INC: Continues to Defend Wage & Hour Suit in New York
---------------------------------------------------------
BXP, Inc., and Boston Properties Limited Partnership disclosed in a
Form 10-Q Report for the quarterly period ended September 30, 2025,
filed with the U.S. Securities and Exchange Commission that it
continues to defend itself against a class action wage and hour
lawsuit in a New York court.
The Company is a named defendant in an alleged collective and class
action wage and hour lawsuit filed on behalf of certain individuals
who provided off-duty, uniformed security services at the Company's
buildings in New York City pursuant to the New York Police
Department's Paid Detail Program. In addition to the Company, the
plaintiffs also named as defendants more than ninety (90) other
entities and institutions in the city. The plaintiffs filed the
lawsuit in the United States District Court for the Southern
District of New York on January 24, 2025, and brought the claims
under the Fair Labor Standards Act, the New York Labor Law and the
Freelance Isn't Free Act. The plaintiffs subsequently amended the
complaint on February 7, 2025 and on February 24, 2025. The
plaintiffs have advised the defendants and the court that they
intend to file a motion for leave to file a Third Amended
Complaint. The deadline for plaintiffs to file that motion is
December 15, 2025.
Each of the complaints filed to date alleges that the plaintiffs
were not paid certain wages owed to them or were not paid in a
timely manner and that the plaintiffs did not receive certain wage
payment notices and wage statements required by law. The Company
has not yet filed a responsive pleading as no responsive pleading
is yet due, and discovery has not yet commenced. As a result, the
Company is unable to estimate a range of loss for which losses are
reasonably possible.
Although the Company believes it has meritorious defenses to the
claims and intends to defend against them vigorously, there can be
no assurance that the Company will prevail in the lawsuit.
CANOPY GROWTH: Continues to Defend British Columbia Suit
--------------------------------------------------------
Canopy Growth Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against a putative class action lawsuit filed by a
shareholder in an British Columbia court.
On June 15, 2023, an ostensible shareholder commenced a putative
class action (Asmaro v. Canopy Growth Corporation et al., Court
File No. VLC-S-S-234351) against the Company and two of its
officers in the Supreme Court of British Columbia on behalf of a
putative class of all persons and entities who purchased or
otherwise acquired securities of the Company between August 6, 2021
and May 10, 2023.
The lawsuit alleges that the Company's disclosures contained
misrepresentations within the meaning of the Securities Act
(British Columbia), that certain officers authorized, permitted, or
acquiesced in the release of the impugned disclosures, and that all
of the defendants are liable for damages to the putative class. The
plaintiff seeks an unspecified amount of damages.
CANOPY GROWTH: Continues to Defend Securities Suit in New York
--------------------------------------------------------------
Canopy Growth Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against a putative class action lawsuit filed by a
shareholder in a New York court.
On April 4, 2025, an ostensible shareholder commenced a putative
class action (Baron v. Canopy Growth Corporation et al. Case
1:25-cv-01877) against the Company and two of its officers in the
U.S. District Court for the Eastern District of New York on behalf
of all persons and entities that purchased or otherwise acquired
Company securities between May 30, 2024 and February 6, 2025,
alleging violations of U.S. federal securities laws.
The claim alleges that the Company made false and/or misleading
statements and/or failed to disclose that: (i) the Company had
allegedly incurred significant costs producing Claybourne(TM)
pre-rolled joints in connection with the Claybourne(TM) product
launch in Canada; (ii) the foregoing costs, in addition to certain
indirect costs that the Company incurred in connection with its
Storz & Bickel vaporizer devices, were likely to have a significant
negative impact on the Company's gross margins and overall
financial results; and (iii) accordingly, the Company had allegedly
overstated the efficacy of its cost reduction measures and the
health of its gross margins while downplaying issues with the
same.
The plaintiff seeks an unspecified amount of damages, attorneys'
fees and costs, and other relief.
CANOPY GROWTH: Continues to Defend Securities Suits in Ontario
--------------------------------------------------------------
Canopy Growth Corporation disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself against the putative class action lawsuits filed by
shareholders in an Ontario court.
On June 27, 2023, an ostensible shareholder commenced a putative
class action (Dziedziejko v. Canopy Growth Corporation et al.,
Court File No. CV-23-00701769-00CP) in the Ontario Superior Court
of Justice against the Company, two of its officers, and the
Company's auditor on behalf of a putative class of all persons or
entities who acquired Canopy Growth's securities in the secondary
market between June 1, 2021 to June 22, 2023 and held some or all
of those securities until the close of trading on May 10, 2023 or
June 22, 2023.
The plaintiff alleges that the Company's disclosures contained
misrepresentations within the meaning of the Securities Act
(Ontario), that certain officers authorized, permitted, or
acquiesced in the release of the impugned disclosures, that the
Company and one of its officers acted in a manner that was
oppressive or unfairly prejudicial to the proposed class members by
failing to remedy alleged deficiencies in the Company's internal
controls, and that all of the defendants are liable for damages to
the putative class.
The action seeks an unspecified amount of damages, interest, legal
fees, and the costs of administering a plan of distribution of the
recovery. The Company was also named in two other putative class
proceedings that were commenced between May 2023 and July 2023 in
the Ontario Superior Court of Justice alleging that the Company's
disclosures contained misrepresentations. However, on November 10,
2023, the Ontario Superior Court of Justice decided a carriage
motion staying those actions (Leonard v. Canopy Growth Corporation
et al., Court File No. CV-23-00702281-00CP and Twidale v. Canopy
Growth Corporation et al., Court File No. CV-23-00700135-00CP), and
allowing Dziedziejko v. Canopy Growth Corporation et al., Court
File No. CV-23-00701769-00CP to proceed to a hearing of the
plaintiff's motions for leave to proceed under the Securities Act
and class certification.
CEDAR REALTY: Continues to Defend "Aquino" in Maryland
------------------------------------------------------
Cedar Realty Trust, Inc., disclosed in a Form 10-Q Report for the
quarterly period ended September 30, 2025, filed with the U.S.
Securities and Exchange Commission that it continues to defend
itself in the putative class action lawsuit captioned Anthony
Aquino, et al. v. Bruce Schanzer, et al., pending in a Maryland
court.
Preferred stockholders of the Company have filed a putative class
action suit against the directors of the Company prior to its
August 2022 merger (the "Merger") with a WHLR subsidiary
(collectively, the "Former Directors") in the Circuit Court for
Montgomery County, Maryland captioned Anthony Aquino, et al. v.
Bruce Schanzer, et al., Case No.: C-15-CV-25-000731 (the "Aquino
Action"). The Aquino Action alleges that the Former Directors
breached their fiduciary duties to the Company's preferred
stockholders through the Merger.
The claims in the Aquino Action mirror the fiduciary duty breach
claims that were a subject of the putative class action complaint
entitled Kim, et al., v. Cedar Realty Trust, Inc., et al. (the "Kim
Action"), which was dismissed with prejudice in 2023 by the United
States District Court for the District of Maryland. The dismissal
was affirmed on appeal to the United States Court of Appeals for
the Fourth Circuit in 2024.
The Aquino Action alleges that the courts in the Kim Action
misinterpreted Maryland law on fiduciary duties to preferred
stockholders. The Former Directors have filed a motion to dismiss
the Aquino Action. The court has provided the parties with an
opportunity to submit supplemental briefing prior to holding a
hearing on that motion. Neither the Company nor WHLR have been sued
in the Aquino Action.
The Company has a contractual obligation to indemnify the Former
Directors, including for reasonable costs and legal fees. At this
juncture, the outcome of the litigation remains uncertain.
CONDUENT BUSINESS: Brink Sues Over Unprotected Personal Info
------------------------------------------------------------
DANIEL BRINK and MONIQUE BRINK, individually, and on behalf of all
others similarly situated, Plaintiffs v. CONDUENT BUSINESS
SERVICES, LLC, and HEALTH CARE SERVICE CORPORATION, Defendants,
Case No. 2:25-cv-17317 (D.N.J., November 7, 2025) is a class action
lawsuit against Conduent for its negligent failure to protect and
safeguard Plaintiffs' and Class Members' highly sensitive
personally identifiable information and protected health
information, culminating in a massive and preventable data breach.
On January 13, 2025, Conduent discovered that it was a victim of a
cyber incident. In response, the Defendant launched an
investigation to determine the nature and scope of the data breach.
The Defendant's investigation determined that between October 21,
2024, to January 13, 2025, an unknown actor gained unauthorized
access to Conduent's network systems and obtained the Private
Information of Plaintiffs and Class Members, causing widespread
injury and damages to Plaintiffs and the proposed Class Members.
Conduent subsequently sent Notice of Data Incident letters to
affected individuals.
Due to Conduent's negligent failure to secure and protect
Plaintiffs' and Class Members' private information, cybercriminals
have stolen and obtained everything they need to commit identity
theft and wreak havoc on the financial and personal lives of
millions of individuals, says the suit.
Conduent Business Services, LLC is a national provider of digital
business solutions and services to clients across the commercial,
government, and transportation sectors, with its principal place of
business in Florham Park, New Jersey.[BN]
The Plaintiffs are represented by:
James E. Cecchi, Esq.
Jason H. Alperstein, Esq.
CARELLA, BYRNE, CECCHI, BRODY &
AGNELLO, P.C.
5 Becker Farm Road
Roseland, NJ 07068
Telephone: (973) 994-1700
E-mail: jcecchi@carellabyrne.com
jalperstein@carellabyrne.com
- and -
William B. Federman, Esq.
Jessica A. Wilkes, Esq.
FEDERMAN & SHERWOOD
10205 North Pennsylvania Avenue
Oklahoma City, OK 73120
Telephone: (405) 235-1560
E-mail: wbf@federmanlaw.com
jaw@federmanlaw.com
CONDUENT BUSINESS: Fails to Protect Personal Info, Dymarsky Says
----------------------------------------------------------------
ALEN DYMARSKY, individually and on behalf of all others similarly
situated, Plaintiff v. CONDUENT BUSINESS SERVICES, LLC AND HEALTH
CARE SERVICE CORPORATION, A MUTUAL LEGAL RESERVE CORPORATION D/B/A
BLUE CROSS BLUE SHIELD OF MONTANA, Defendants, Case No.
2:25-cv-17319 (D.N.J., November 7, 2025) is a class action lawsuit
on behalf of the Plaintiff and on behalf of all persons who
entrusted Defendants with sensitive personally identifiable
information and protected health information that was impacted in a
data breach.
On January 13, 2025, Defendant Conduent learned that it was the
victim of a cyber incident. In response, Defendant Conduent
launched an investigation to determine the nature and scope of the
data breach. Defendant Conduent's investigation determined that an
unauthorized third-party had access to its IT Network from October
21, 2024, to January 13,2025, and was able to exfiltrate files on
Defendant Conduent's IT Network containing Private Information of
clients of Defendant's Clients.
The Defendants owed Plaintiff and Class Members a duty to take all
reasonable and necessary measures to keep the Private Information
collected safe and secure from unauthorized access. The Defendants
solicited, collected, used, and derived a benefit from the Private
Information, yet breached their duties by failing to implement or
maintain adequate security practices, says the suit.
The Plaintiff seeks to remedy these harms on behalf of himself and
all similarly situated individuals whose private information was
accessed and/or compromised during the data breach. Accordingly,
the Plaintiff, on behalf of himself and the Class, asserts claims
for negligence, negligence per se, unjust enrichment, and breach of
third-party beneficiary contract.
Conduent is a provider of digital business solutions and services
to clients across the commercial, government, transportation, and
healthcare sectors with principal place of business in Florham
Park, New Jersey.
BCBSM is a Montana-based health insurer that provides a variety of
health insurance plans and administrative services.[BN]
The Plaintiff is represented by:
Christopher A. Seeger, Esq.
Shauna B. Itri, Esq.
SEEGER WEISS LLP
55 Challenger Road 6th Fl.
Ridgefield Park, NJ 07660
Telephone: (973) 639-9100
Facsimile: (973) 679-8656
E-mail: cseeger@seegerweiss.com
sitri@seegerweiss.com
- and -
Kevin Laukaitis, Esq.
LAUKAITIS LAW LLC
954 Avenida Ponce De Leon
Suite 205, #10518
San Juan, PR 00907
Telephone: (215) 789-4462
E-mail: klaukaitis@laukaitislaw.com
CONDUENT INC: Faces Cook Suit Over Unprotected Personal Info
------------------------------------------------------------
ANDREW COOK, on behalf of himself and all others similarly
situated, Plaintiff v. CONDUENT INCORPORATED AND CONDUENT BUSINESS
SERVICES, LLC, Defendants, Case No. 2:25-cv-17320 (D.N.J., November
7, 2025) is a class action against the Defendants for their failure
to secure and safeguard the highly sensitive personally
identifiable information and protected health information of
millions of individuals and for failing to provide adequate and
timely notice regarding the breach of this data to Plaintiff and
other Class Members.
The complaint alleges that the Defendants collected, used, and
derived a benefit from Plaintiff's and Class Members' PII and PHI,
yet breached their duties by failing to implement or maintain
adequate security practices.
On January 13, 2025, Conduent discovered that a cybercriminal had
accessed its computer servers and network. The Plaintiff and Class
Members had no idea their private information had been compromised
and stolen and that they were, and continue to be, at significant
risk of identity theft and various other forms of personal, social,
and financial harm, including medical identity theft and fraud.
As a direct and proximate result of the data breach and subsequent
exposure of their private information, the Plaintiff and Class
Members have suffered, and will continue to suffer damages and
economic losses in the form of lost time needed to take appropriate
measures to avoid unauthorized and fraudulent charges, putting
alerts on their credit files, and dealing with spam phone calls,
letters, and emails received as a result of the data breach, says
the suit.
Conduent Inc. is a national provider of digital business solutions
and services to clients across the commercial, government, and
transportation sectors, with its principal place of business in
Florham Park, New Jersey.[BN]
The Plaintiff is represented by:
David A. Straite, Esq.
Corban S. Rhodes, Esq.
DICELLO LEVITT LLP
485 Lexington Avenue, Suite 1001
New York, NY 10017
Telephone: (646) 933-1000
E-mail: dstraite@dicellolevitt.com
crhodes@dicellolevitt.com
- and -
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
CORPORACION ELECTRICA: Settlement Discussions Deadline Adjourned
----------------------------------------------------------------
In the class action lawsuit captioned as Mazzaccone v. Corporacion
Electrica Nacional S.A., Case No. 1:24-cv-02681-JHR (S.D.N.Y.), the
Hon. Judge Rearden entered an order that the deadline to engage in
settlement discussions is adjourned until 14 days after resolution
of Plaintiff's forthcoming motion for class certification.
The parties shall propose a schedule for completing any additional
expert discovery and for briefing Plaintiff's motion.
The parties have previously filed four requests for extension of
time. On July 8, 2024, Plaintiff sought, and this Court granted, an
extension of time to serve the summons and complaint
On April 16, 2025, shortly after retaining counsel in this matter,
Defendant sought, and this Court granted, an extension of
Defendant’s responsive pleading deadline.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=rJ5K53 at no extra
charge.[CC]
The Plaintiff is represented by:
Anthony J. Costantini, Esq.
Arti Fotedar, Esq.
Stephanie Lamerce, Esq.
Jillian Marie Dreusike, Esq.
DUANE MORRIS, LLP
22 Vanderbilt
335 Madison Avenue, 23rd Floor
New York, NY 10017
Telephone: (212) 692-1032
E-mail: ajcostantini@duanemorris.com
afotedar@duanemorris.com
slamerce@duanemorris.com
jdreusike@duanemorris.com
The Defendant is represented by:
Marisa F. Antonelli, Esq.
Camilo Cardozo, Esq.
Dora Georgescu, Esq.
VINSON & ELKINS LLP
The Grace Building
1114 Avenue of the Americas, 32nd Floor
New York, NY 10036
Telephone: (212) 237-0000
E-mail: mantonelli@velaw.com
ccardozo@velaw.com
dgeorgescu@velaw.com
CREDIT SUISSE: NY Court Certifies Class in Securities Fraud Suit
----------------------------------------------------------------
In the case captioned as In re: Credit Suisse Securities Fraud
Class Actions, Case No. 23-cv-9287 (CM) (S.D.N.Y.), Judge McMahon
of the United States District Court for the Southern District of
New York granted Lead Plaintiff Core Capital Partners, Ltd.'s
motion for class certification and appointment of class
representatives and class counsel.
The Court certified the following class: All persons and entities
other than Defendants, current or former officers and directors of
Credit Suisse, members of their immediate families and their legal
representatives, heirs, successors or assigns, and any entity in
which Defendants have or had a controlling interest, that purchased
or otherwise acquired additional tier-one bonds (ATI Bonds) of
Credit Suisse in a domestic transaction in the U.S. between October
27, 2022 and March 20, 2023, inclusive (the Class Period), who seek
to recover damages caused by Defendants' violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934 (the
Exchange Act) and Rule 10b-5 promulgated thereunder.
Core Capital brought this securities fraud class action against
Credit Suisse Group AG and the remaining Individual Defendants Axel
P. Lehman, Ulrich Komer, and Dixit Joshi, asserting claims under
Section 10(b), Rule 10b-5, and Section 20(a) of the Exchange Act.
Core Capital alleged that Credit Suisse repeatedly misrepresented
and misled investors about its financial condition while facing
significant and sustained asset outflows, which precipitated its
collapse and subsequent merger with UBS Group AG (UBS) in March
2023 (the Merger).
When Credit Suisse disclosed the truth about its dire financial
condition, the Swiss Financial Market Supervisory Authority
(FINMA), perceiving that a Viability Event had been triggered,
wrote down the nominal value of all ATI Bonds to the value of zero.
Core Capital sought damages on behalf itself and all other
purchasers of Credit Suisse's ATI Bonds in domestic U.S.
transactions resulting from Defendants' alleged material
misrepresentation and omissions concerning Credit Suisse's
financial condition, risk management practices, and internal
controls.
The Court found that Core Capital satisfied each Rule 23(a)
requirement. Regarding numerosity, the Court stated that at least
229 financial institutions held one or more of the ATI Bonds during
the Class Period. The Court concluded that Core Capital satisfies
the numerosity requirement.
For commonality, the Court held that Core Capital's central claim
is that Defendants' alleged misrepresentations and omissions
regarding customer outflows and weaknesses in Credit Suisse's ICFR
practices caused injury to all ATI bondholders by artificially
inflating the bonds' prices. The Court found commonality satisfied
because several common questions of law and fact exist.
Regarding typicality, the Court stated that Core Capital purchased
Credit Suisse's ATI Bonds in the United States during the same
period of time as the putative class members purchased or held
those bonds. The Court concluded that Core Capital satisfies the
typicality requirement.
As to adequacy, the Court found that Pomerantz LLP is qualified,
experienced, and capable of serving as class counsel and that Core
Capital's interests are not antagonistic to those of the proposed
class. The Court concluded that Core Capital is an adequate Class
Representative.
The Court then addressed Rule 23(b)(3)'s predominance requirement.
The Court held that Core Capital satisfied the requirements for the
Basic presumption of reliance under the fraud-on-the-market theory.
The Court concluded that each of the five factors established in
Cammer v. Bloom support a finding that Credit Suisse's ATI Bonds
traded in an efficient market. The Court also found that each of
the three Krogman factors provides further support that the ATI
Bonds traded in an efficient market.
The Court rejected Defendants' arguments that individual
domesticity issues would predominate, stating that individualized
domesticity issues do not predominate over the common issues in
this case. The Court also rejected Defendants' judicial estoppel
argument, finding it entirely hypothetical.
Regarding superiority, the Court held that a single, coordinated
adjudication in this forum is the most efficient and fair method of
resolving Plaintiffs' claims, thereby satisfying Rule 23(b)(3)'s
superiority requirement.
Accordingly, the Court granted Core Capital's motion for class
certification. The Court appointed Core Capital as Class
Representative and Pomerantz LLP as Class Counsel.
A copy of the Court's Order and Opinion dated November 13 is
available at https://urlcurt.com/u?l=S5AUm3 from PacerMonitor.com
CUSHMAN & WAKEFIELD: Seeks More Time to Oppose Class Cert Bid
-------------------------------------------------------------
In the class action lawsuit captioned as ERNANDO CONRIQUEZ, JACOB
MICHAEL BRYANT, and ANTHONY PORTS, individuals, on behalf of
themselves and on behalf of other persons similarly situated, v.
CUSHMAN & WAKEFIELD U.S., INC., a Missouri corporation; CUSHMAN &
WAKEFIELD OF CALIFORNIA, INC., a California corporation; INTUITIVE
SURGICAL, INC., a California corporation; and DOES 1 through 50,
inclusive, Case No. 3:22-cv-02734-RFL (N.D. Cal.), the Defendants,
on Nov. 18, 2025 at 2:30 p.m., will move ex parte for a 60 day
extension to their deadline to oppose the Plaintiffs' motion for
class certification.
The Plaintiffs’ motion for class certification contains more than
20 declarations, including 17 declarations of unnamed putative
class members, two experts, and three purported class
representatives.
On Oct. 15, 2025, the Plaintiffs filed their motion for class
certification seeking certification of a class of all non-exempt
employees who worked for Cushman & Wakefield U.S., Inc., C&W
Facility Services, Inc., and Cushman & Wakefield of California,
Inc. as well as 11 sub-classes.
Cushman is an American global commercial real estate services
firm.
A copy of the Defendants' motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=wgfBOE at no extra
charge.[CC]
The Plaintiff is represented by:
Matthew J. Matern, Esq.
Joshua D. Boxer, Esq.
Kristen Doyan, Esq.
Britland Kenworthy, Esq.
Eamon Bedford-Panori, Esq.
MATERN LAW GROUP, PC
2101 E. El Segundo Blvd., Suite 403
El Segundo, CA 90245
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
E-mail: mmatern@maternlawgroup.com
jboxer@maternlawgroup.com
kdoyan@maternlawgroup.com
kenworthy@law-rm.com
kenworthy@law-rm.com
- and -
Ronald W. Makarem, Esq.
Mary Lipscomb, Esq.
Samuel Almon, Esq.
Britland Kenworthy Esq.
MAKAREM & ASSOCIATES APLC
11601 Wilshire Boulevard, Suite 2440
Los Angeles, CA 90025-1760
Telephone: (310) 312-0299
Facsimile: (310) 312-0296
E-mail: makarem@law-rm.com
almon@law-rm.com
lipscomb@law-rm.com
clerks@law-rm.com
mandt@law-rm.com
The Defendants are represented by:
John R. Giovannone, Esq.
CUSTODIO & DUBEY, LLP
445 S Figueroa St Suite 2520,
Los Angeles, CA 90071
Telephone: (213) 612-6300
E-mail: giovannone@cd-lawyers.com
- and -
Torey Joseph Favarote, Esq.
David H. Danning, Esq.
GLEASON & FAVAROTE, LLP
3646 Long Beach Blvd., Suite 203
Long Beach, CA 90807
Telephone: (213) 452-0510
Facsimile: (213) 452-0514
E-mail: tfavarote@gleasonfavarote.com
ddanning@gleasonfavarote.com
DAVID SALINAS: Parties Seek More Time to File Class Cert Bid
------------------------------------------------------------
In the class action lawsuit captioned as HEATHER TAFT, KIRSTEN
GONZALEZ, CHEYENNE HENRY, YURIDIA CERON, and VANESSA ZAPATA, v.
DAVID SALINAS, an individual; et al., Case No.
3:22-cv-00697-RSH-DEB (S.D. Cal.), the Parties ask the Court to
enter an order continuing the deadline for the Plaintiffs to file a
class certification motion from Nov. 21, 2025 to Jan. 5, 2026 or
later.
This will allow time for the Plaintiffs' pending motion to compel
the further deposition of Yellow Store Enterprises to be heard on
Dec. 3, 2025 as currently scheduled, and any further deposition
taken, or for the parties to resolve their differences regarding
this issue.
The Plaintiffs contend that they need the information sought in the
pending motion to compel in order to be able to complete their
class certification motion.
The information sought in the deposition of Yellow Store cannot be
obtained by a Rule 30(b)(6) deposition of Defendant Red Rock due to
the pending bankruptcy. During the deposition of Yellow Store,
Defendants took the position that any information regarding Red
Rock could not be inquired into from Yellow Store due to the
pending bankruptcy.
The Plaintiffs do not believe this is correct and contend they need
the information to file their class certification motion. Extending
the deadline to file the class certification motion would allow the
issues regarding the pending motion to compel the further
deposition of Yellow Store to be determined so that Plaintiffs can
thereafter file their class certification motion.
Accordingly, the parties request the deadline for Plaintiffs to
file a class certification motion be extended to January 5, 2026,
or later, which is 30 days after the hearing on the pending motion
to compel the further deposition of Yellow Store.
On April 21, 2025, the Plaintiffs served a notice of Rule 30(b)(6)
deposition on Red Rock for a May 2, 2025 date.
On June 6, 2025, the parties filed a joint motion to stay the
pending discovery disputes while the stay issue was being
determined, and the bankruptcy court in Utah also considered a
motion filed there to extend the automatic stay to non-filing
parties.
On Oct. 10, 2025, the Court granted the parties’ joint motion to
continue both the deadline to file a motion for class certification
and deadline for Defendants and Yellow Store to file an opposition
in response to the Plaintiffs' motion to compel the further
deposition of Yellow Store, to Nov. 21, 2025.
A copy of the Parties' motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=0OuVX1 at no extra
charge.[CC]
The Plaintiffs are represented by:
Bryan W. Pease, Esq.
PEASE LAW
3960 West Point Loma Blvd., Suite H-2562
San Diego, CA 92110
Telephone: (619) 723-0369
Email: bryan@peaselaw.org
The Defendants are represented by:
John T. Maher, Esq.
LAW OFFICES OF JOHN T. MAHER
105 E 122nd St.
New York, NY 10035
Telephone: (646) 675-8909
E-mail: johntmaher@yahoo.com
DELTA DEFENSE: Settlement Deal in John Gets Initial OK
------------------------------------------------------
In the class action lawsuit captioned as KEEFE JOHN, TODD KNUTH,
and, NORM WALKER, on behalf of themselves and all others similarly
situated, v. DELTA DEFENSE, LLC and UNITED STATES CONCEALED CARRY
ASSOCIATION, INC., Case No. 2:23-cv-01253-LA (E.D. Wis.), the Hon.
Judge Adelman entered a preliminary approval order:
1. The Settlement Agreement, including the long-form notice,
short-form notice, postcard notice, electronic claim form,
and opt-out form attached to the settlement agreement as
Exhibits 2-6 are preliminarily approved.
2. The Settlement Class is provisionally certified as a class
of:
"All persons in the United States who had an account (free or
paid) with a Defendant and visited a page on a Defendant's
website housing a video behind a paywall or subscription wall
between Sept. 21, 2020 to June 2, 2025."
Excluded from the Settlement Class are the following
individuals and/or entities: (i) the Defendants and their
parents, subsidiaries, officers and directors, and any entity
in which Defendants have a controlling interest; (ii) all
persons who submit a timely and valid request for exclusion
from the Settlement Class; and (iii) the Judge assigned to
this Action as well as their immediate family and staff.
3. RG2 Claims Administration LLC is appointed as the Settlement
Administrator.
4. The Plaintiffs are conditionally certified as the class
representatives. Almeida Law Group LLC and Hansen Reynolds
LLC are conditionally appointed as Settlement Class Counsel.
5. On March 16, 2026, at 10:00 a.m., this Court will hold a
fairness hearing.
Delta provides sales, marketing, operations and administrative
support service.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=G7HMZ1 at no extra
charge.[CC]
DONE GLOBAL: Bid for Class Certification Due March 24, 2026
-----------------------------------------------------------
In the class action lawsuit captioned as M.H., individually, and on
behalf of those similarly situated, v. DONE GLOBAL, INC., Case No.
3:24-cv-03040-RFL (N.D. Cal.), the Hon. Judge Lin entered an order
amending class certification case schedule as follows:
The Plaintiff's class certification expert disclosures due by
Jan. 26, 2025.
The Defendant's class certification expert disclosures due by
Feb. 16, 2026. The Plaintiff's rebuttal expert disclosures re
class certification due by Mar. 2, 2026.
Close of class certification expert discovery is Mar. 13,
2026.
Motion for class certification / daubert motions re class
certification experts due by Mar. 24, 2026.
Opposition due by Apr. 21, 2026.
Reply due by May 5, 2026.
2. All other dates in the case schedule through class
certification shall remain the same.
The Plaintiff filed this class action on May 20, 2024.
The Defendant is a telehealth provider specializing in the
diagnosis and treatment of attention deficit hyperactivity
disorder.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=NMkUTE at no extra
charge.[CC]
The Plaintiff is represented by:
Ryan Ellersick, Esq.
ZIMMERMAN REED LLP
6420 Wilshire Blvd., Suite 1080
Los Angeles, CA 90048
E-mail: Ryan.ellersick@zimmreed.com
The Defendant is represented by:
Jonathan Gross, Esq.
Lawrence Hecimovich, Esq.
Barry Temkin, Esq.
Elizabeth Zakheim, Esq.
MOUND COTTON WOLLAN & GREENGRASS LLP
2200 Powell Street, Suite 1050
Emeryville, CA 94608
Telephone: (510) 900-9371
E-mail: jgross@moundcotton.com
lhecimovich@moundcotton.com
btemkin@moundcotton.com
ezakheim@moundcotton.com
DOXIMITY INC: Parties Seek to Withdraw Class Certification Bid
--------------------------------------------------------------
In the class action lawsuit re Doximity, Inc. Securities
Litigation, Case No. 5:24-cv-02281-NW (N.D. Cal.), the Parties ask
the Court to enter an order withdrawing lead Plaintiff's motion for
class certification and the Defendants' administrative motion for
leave to file sur reply, without prejudice to refile.
1. Lead Plaintiff withdraws its motion for class certification,
without prejudice to refile.
2. The Defendants withdraw their administrative motion for
leave to file sur reply in further opposition to Lead
Plaintiff's motion for class certification, without
prejudice to refile.
3. The Parties request that the Court schedule a case management
conference for Jan. 13, 2026, at 9:00 am.
The Parties have met and conferred and agree that it would serve
the interests of efficiency and conservation of resources for the
Parties to withdraw the pending motions without prejudice to
refile, and for the Court to schedule a Case Management Conference.
On Aug. 12, 2025, Lead Plaintiff filed a motion for class
certification.
On Nov. 13, 2025, the Defendants filed an administration motion for
leave to file sur-reply in further opposition to Lead Plaintiff's
motion for class certification.
Doximity operates as a digital platform for medical professionals
in the United States.
A copy of the Parties' motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=fKO9Ex at no extra
charge.[CC]
The Plaintiff is represented by:
Jonathan D. Uslaner, Esq.
Lauren M. Cruz, Esq.
John Rizio-Hamilton, Esq.
Timothy G. Fleming, Esq.
Matthew Arrow, Esq.
Sarah Schmidt, Esq.
BERNSTEIN LITOWITZ BERGER & GROSSMANN LLP
2121 Avenue of the Stars, Suite 2575
Los Angeles, CA 90067
Telephone: (310) 819-3470
E-mail: jonathanu@blbglaw.com
lauren.cruz@blbglaw.com
johnr@blbglaw.com
timothy.fleming@blbglaw.com
matthew.arrow@blbglaw.com
sarah.schmidt@blbglaw.com
- and -
Stacey M. Kaplan, Esq.
KESSLER TOPAZ MELTZER & CHECK, LLP
One Sansome Street, Suite 1850
San Francisco, CA 94104
Telephone: (415) 400-3000
Facsimile: (415) 400-3001
E-mail: skaplan@ktmc.com
The Defendants are represented by:
Stephen Blake, Esq.
Hilary Wong, Esq.
Camille Victoria Bole, Esq.
Jonathan K. Youngwood, Esq.
SIMPSON THACHER & BARTLETT LLP
2475 Hanover Street
Palo Alto, CA 94304
Telephone: (650) 251-5000
Facsimile: (650) 251-5002
E-mail: sblake@stblaw.com
hilary.wong@stblaw.com
camille.boler@stblaw.com
jyoungwood@stblaw.com
ENOVIX CORPORATION: Plaintiffs Seek to Certify Investor Class
-------------------------------------------------------------
ENOVIX CORPORATION: Plaintiffs Seek to Certify Investor Class
In the class action lawsuit captioned RE ENOVIX CORPORATION
SECURITIES LITIGATION, Case No. 3:23-cv-00071-SI (N.D. Cal.), the
Plaintiffs, on Jan. 23, 2026, shall move the Court pursuant to
Federal Rules of Civil Procedure 23(a), (b)(3), and (g) for entry
of an order:
1. Certifying a class of investors comprising:
"All persons and entities that purchased the publicly traded
common stock of Enovix Corporation between Aug. 11, 2021 and
Oct. 2, 2023, both dates inclusive";
2. Appointing the Plaintiffs as class representatives; and
3. Appointing the Plaintiffs' counsel, The Rosen Law Firm, P.A.
and Rolnick Kramer Sadighi LLP as class counsel.
The action asserts claims under Sections 10(b) and 20(a) of the
Exchange Act against Defendant Enovix Corporation and certain of
its high-ranking executives, who misled investors about, inter
alia, the status of Enovix's battery manufacturing capabilities.
Enovix is an early-stage technology company that purports to make a
new type of lithium-ion ('Li-ion') battery that is smaller and
stronger than conventional Li-ion batteries."
A copy of the Plaintiffs' motion dated Nov. 14, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=ktZLWo at no extra
charge.[CC]
The Plaintiffs are represented by:
Laurence M. Rosen, Esq.
Phillip Kim, Esq.
Joshua Baker, Esq.
THE ROSEN LAW FIRM, P.A.
355 S. Grand Avenue, Suite 2450
Los Angeles, CA 90071
Telephone: (213) 785-2610
E-mail: lrosen@rosenlegal.com
pkim@rosenlegal.com
jbaker@rosenlegal.com
- and -
Lawrence M. Rolnick, Esq.
Marc B. Kramer, Esq.
Nicole T. Castiglione, Esq.
Shane Kunselman, Esq.
ROLNICK KRAMER SADIGHI LLP
1 Pennsylvania Plaza, Suite 3401
New York, NY 10119
Telephone: (212) 597-2800
E-mail: lrolnick@rksllp.com
mkramer@rksllp.com
ncastiglione@rksllp.com
skunselman@rksllp.com
EQUIFAX INFORMATION: Bradberry Seeks Settlement Prelim Nod
----------------------------------------------------------
In the class action lawsuit captioned as CHARMAYNE BRADBERRY,
individually and on behalf of all others similarly situated, v.
EQUIFAX INFORMATION SERVICES, LLC, Case No. 1:22-cv-04754-MLB (N.D.
Ga.), the Plaintiff asks the Court to enter an order granting
preliminary approval of the class action settlement agreement.
The Plaintiff requests that the Court: (a) grant preliminary
approval of the Settlement Agreement; (b) certify the Settlement
Class for settlement purposes only; (c) appoint the Plaintiff as
Class Representative and Marcus & Zelman, LLC and Francis, Mailman,
Soumilas, P.C. as Class Counsel; (d) approve the form and manner of
class notice; and (e) schedule a Final Approval Hearing.
After extensive investigation and arm’s-length negotiations
between experienced counsel, Plaintiff and Defendant Equifax
Information Services, LLC have reached a proposed settlement that
provides meaningful monetary and injunctive relief to the
Settlement Class and resolves all claims at issue in this
litigation.
The proposed settlement is the product of informed negotiations and
falls well within the range of fairness, reasonableness, and
adequacy required under Federal Rule of Civil Procedure 23(e).
Equifax offers financial, consumer and commercial data, and
analytical solutions.
A copy of the Plaintiff's motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=DJVm0Q at no extra
charge.[CC]
The Plaintiff is represented by:
Ari Marcus, Esq.
Yitzchak Zelman, Esq.
MARCUS & ZELMAN, LLC
701 Cookman Avenue, Suite
300 Asbury Park, NJ 07712
Telephone: (732) 695 3282
E-mail: ari@marcuszelman.com
yzelman@marcuszelman.com
- and -
James A. Francis, Esq.
John Soumilas, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market Street, Suite 2510
Philadelphia, PA 19143
Telephone: (215) 735-8600
E-mail: jfrancis@consumerlawfirm.com
jsoumilas@consumerlawfirm.com
- and -
Misty Oaks Paxton, Esq.
THE OAKS FIRM
3895 Brookgreen Pt.
Decatur, GA 30034
Telephone: (404) 500-7861
E-mail: attyoaks@yahoo.com
EVOLVE MORTGAGE: Fails to Protect Sensitive Data, Hardy Says
------------------------------------------------------------
REBEKAH HARDY, on behalf of herself and all others similarly
situated, Plaintiff v. EVOLVE MORTGAGE SERVICES, LLC, Defendant,
Case No. 4:25-cv-01223-RWS (E.D. Tex., November 7, 2025) arises
from the Defendant's failure to protect highly sensitive data.
On October 27, 2025, cybercriminal group INC Ransom disclosed on
its leak page that it had accessed and stolen more than 20
Terabytes of client and customer information from Defendant's
system. This cybersecurity incident compromised the private
information of Defendant's current and former employees, clients,
and clients' customers, including but not limited to Social
Security numbers, scans of client IDs, home and work addresses,
personal, home and work phone numbers, and full credit history of
each client.
According to the complaint, the cybercriminals were able to breach
Defendant's systems because it failed to adequately train its
employees on cybersecurity and failed to maintain reasonable
security safeguards or protocols to protect the Class' private
information. In short, the Defendant's failures placed the Class'
private information in a vulnerable position -- rendering them easy
targets for cybercriminals, says the suit.
The Plaintiff is a former employee of Evolve and a data breach
victim. She brings this class action on behalf of herself, and all
others harmed by Defendant's misconduct.
Evolve provides third-party technology and compliance services to
support mortgage processing tasks and transactions for banks,
credit unions, mortgage bankers, originators, aggregators,
servicers, and investors.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Raina C. Borrelli, Esq.
STRAUSS BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Telephone: (872) 263-1100
Facsimile: (872) 263-1109
E-mail: raina@straussborrelli.com
EXCLUSIVE MANAGEMENT: Bid for Conditional Status Partly OK'd
------------------------------------------------------------
In the class action lawsuit captioned as HERLINDA FRANCISCO and
JAVIER BRAVO on behalf of themselves, FLSA Collective Plaintiffs,
and the Class, v. EXCLUSIVE MANAGEMENT SOLUTION GROUP, INC., JOHN
DOE CORPORATIONS 1-50, and DMITRIY BEREZOVSKY a/k/a DMITRY
BEREZOVSKIY, Case No. 1:24-cv-03928-AT-RWL (S.D.N.Y.), the Hon.
Judge Lehrburger entered an order granting in part and denying in
part the Plaintiffs' motion to conditionally certify an Fair Labor
Standard Act (FLSA) collective action as follows:
1. A collective is conditionally certified for:
"All current and former non-exempt employees (including, but
not limited to, laundry aides, laundry attendants, laundry
housekeepers, laundry workers, ironers, steamers, and
delivery persons, among others) employed by the Defendants on
or after the date that is three (3) years before the filing
of the Complaint."
The conditional collective extends to all 28 laundromat
locations.
2. Within ten (10) days of this Order, the Defendants shall
provide to the Plaintiffs' counsel in Excel format contact
information – consisting of names, last known home
addresses,
cell phone numbers, and email addresses – for the
conditionally certified FLSA collective.
3. The notice and opt-in form attached as Exhibit J to the Lee
Declaration, and the proposed means of distribution of notice
(mail, email, and text), are approved, subject to
modification of the notices and opt-in form.
4. Within 21 days of receipt of the contact information from
Defendants, Plaintiffs’ counsel shall disseminate the notice
with opt-in form.
Conditional certification is just that – conditional. The second
certification stage after discovery may well warrant a different
outcome depending on the record developed at that time. But at this
preliminary, conditional stage, Plaintiffs have cleared the low bar
to certification.
The Plaintiffs have not identified any “rare and exceptional”
aspects of the case to justify equitable tolling. They have not
alleged that Defendants actively “concealed the existence of a
cause of action from the [opt-in] plaintiffs."
The Plaintiffs allege violations of the FLSA and the New York
Labor Law (NYLL). The Plaintiffs allege that Defendants had a
common policy and practice across their 28 laundromats of (1) not
paying Plaintiffs and other similarly situated employees for time
they worked before and after their shifts, and (2) for employees
who worked at multiple locations, not aggregating each employee's
hours across locations and thereby avoiding paying overtime.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=QprShP at no extra
charge.[CC]
FITON INC: Filing for Class Cert Bid in Hoffman Due Dec. 29
-----------------------------------------------------------
In the class action lawsuit captioned as Ava Hoffman et al., v.
FitOn, Inc., Case No. 2:24-cv-09105-FMO-PD (C.D. Cal.), the Hon.
Judge Olguin entered an order that:
1. All pending deadlines and proceedings are vacated. Any
pending motion is denied as moot.
2. The Plaintiffs shall file a motion for class certification
and preliminary approval of class action settlement agreement
no later than Dec. 29, 2025.
The Defendant may also file a brief in support of the motion
for preliminary approval by the same deadline.
3. The Motion shall include appropriate evidentiary support and
a thorough discussion of the requirements set forth in Rule
23(e) of the Federal Rules of Civil Procedure.
4. With respect to any settlement involving claims pursuant to
the California Private Attorneys General Act ("PAGA"), the
parties shall address whether the California Labor &
Workforce Development Agency received notice of the
settlement, and any response to such notice.
5. Failure to file the motion for preliminary approval by the
deadline set by the court may result in dismissal of the case
for failure to prosecute and/or to comply with a court order.
Fiton develops mobile fitness applications.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=ezPpxO at no extra
charge.[CC]
FUJI HANA: Lin Seeks Rule 23 Class Certification
------------------------------------------------
In the class action lawsuit captioned as DESHENG LIN on behalf of
herself and others similarly situated, v. FUJI HANA RESTAURANT
CORP. d/b/a Fuji Hana Kosher Japanese Restaurant d/b/a Fuji Hana,
LORRAINE GINDI, ESTATE OF ISADORE GINDI, by executor RAYMOND
BETESH, ISADORE NATKIN, and JACK COHEN, Case No.
1:21-cv-03832-NCM-JRC (E.D.N.Y.), the Plaintiff will move the Court
for an Order:
(1) certifying a class action pursuant to Rule 23 of the Federal
Rules of Civil Procedure;
(2) appointing the Plaintiff Desheng Lin to be class
representative;
(3) appointing Troy Law, PLLC and its attorneys John Troy, Aaron
B. Schweitzer, and Tiffany Troy to be class counsel;
(4) permitting the Plaintiff to circulate a notice of class
action by direct mail to class members and by publication;
and
(5) granting such other and further relief as the Court shall
deem just and proper.
Fuji Hana is an authentic Japanese restaurant.
A copy of the Plaintiff's motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=YhzFtO at no extra
charge.[CC]
The Plaintiff is represented by:
John Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
E-mail: troylaw@troypllc.com
GLOBALLOGIC INC: Brown Sues Over Failure to Protect Sensitive Data
------------------------------------------------------------------
Arianna M. Brown, on behalf of herself and all others similarly
situated v. GLOBALLOGIC INC. and ORACLE CORPORATION, Case No.
1:25-cv-01824 (W.D. Tex., Nov. 12, 2025), is brought arising from
Defendants' failure to protect highly sensitive data.
As such, Oracle stores a litany of highly sensitive personal
identifiable information ("PII") about GlobalLogic's current and
former employees. But such PII was inadequately protected and thus
exposed to cybercriminals in a data breach (the "Data Breach").
It is unknown for precisely how long the cybercriminals had access
to Defendants' network before the breach was discovered. In other
words, Defendants had no effective means to prevent, detect, stop,
or mitigate breaches of its systems—thereby allowing
cybercriminals unrestricted access to its current and former
employees' PII.
Cybercriminals were able to breach Defendants' systems because
Defendants failed to adequately train their employees on
cybersecurity and failed to maintain reasonable security safeguards
or protocols to protect the Class's PII. In short, Defendants'
failures placed the Class's PII in a vulnerable position rendering
them easy targets for cybercriminals, says the complaint.
The Plaintiff is a Data Breach victim.
GlobalLogic is a multinational engineering firm based in Santa
Clara, California.[BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC - DALLAS
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
- and -
Samuel J. Strauss, Esq.
Raina C. Borrelli, Esq.
STRAUSS & BORRELLI PLLC
980 N. Michigan Avenue, Suite 1610
Chicago, IL 60611
Phone: (872) 263-1100
Fax: (872) 263-1109
Email: sam@straussborrelli.com
raina@straussborrelli.com
IFCO SYSTEMS: Must Pay Costs for Cancelled Deposition
-----------------------------------------------------
In the case captioned as Joshua DeAnda-Zavala, as an individual and
on behalf of all other similarly situated Class Members, Plaintiff,
v. IFCO Systems US, LLC, et al., Defendants, Case No.
1:25-cv-00413-KES-SKO (E.D. Cal.), United States Magistrate Judge
Sheila K. Oberto granted in part Plaintiff's motion for award of
attorneys' fees and costs as sanction for late canceled
deposition.
This action involves a wage and hour class action brought by
Plaintiff against IFCO Systems US, LLC; MTNA, Inc.; PeopleReady,
Inc.; and TrueBlue, Inc. Plaintiff was assigned to IFCO's Fresno
service center by a staffing agency called PeopleReady, Inc., which
is no longer a defendant after entering into an individual
settlement with Plaintiff.
On August 18, 2025, Defendant IFCO filed a motion to compel
arbitration, which Plaintiff opposed on August 29, 2025. Shortly
after Plaintiff filed his opposition, Defendant IFCO served a
notice of deposition on Plaintiff. The parties met and conferred,
and IFCO stated it needed to take Plaintiff's deposition before
submitting its reply brief. Although this reason was not provided
to Plaintiff, Defendant noticed this deposition as an alternative
method of discovering information that it had otherwise failed to
obtain over the course of several months from PeopleReady.
The parties scheduled Plaintiff's deposition for Saturday,
September 13, 2025, at 9:30 a.m., and Plaintiff joined a
stipulation to extend Defendant's reply deadline accordingly. While
the deposition notice had originally noticed the deposition to be
taken in Los Angeles, Plaintiff's counsel requested that Defendant
IFCO take the deposition remotely by videoconference to avoid the
expense and burden of travel. Defendant IFCO refused to take the
deposition remotely but offered to take it in the Eastern District
of California; Plaintiff accepted on the condition that it be taken
in Fresno, where Plaintiff resides.
Because the deposition was to start at 9:30 a.m., Plaintiff's
counsel reserved a hotel stay for the night before the deposition
that was fully refundable until the day before the reservation, at
which point it became nonrefundable. Plaintiff's counsel considered
flying to Fresno for the deposition but ultimately concluded that
driving in his personal vehicle was the less expensive option.
On September 11, 2025, two days before the deposition, counsel for
PeopleReady emailed counsel for Defendant IFCO requesting to attend
Plaintiff's deposition remotely. Defendant IFCO's counsel responded
this is an in-person deposition in Fresno. Plaintiff's counsel was
copied on this exchange and understood Defendant IFCO's response as
a confirmation that the deposition was going forward in person.
On September 12, 2025, at 12:17 p.m., Plaintiff's counsel left his
home in San Pablo to avoid traffic and arrive in Fresno by early
evening to meet with Plaintiff for a final deposition preparation
session. Almost exactly an hour later, at 1:16 p.m., PeopleReady
produced a single page document to Defendant IFCO that Defendant
IFCO determined obviated the need for Plaintiff's deposition.
At 2:29 p.m., Defendant IFCO's counsel sent an email stating that
based on the current working formulation of IFCO's/MTNA's reply
arguments and objections to plaintiff's opposition arguments and
evidence, they had decided to not proceed with the deposition. When
the email was sent, Plaintiff's counsel was navigating stop-and-go
traffic on California State Highway 99 between Modesto and Fresno
and was unable to check his email until he arrived in Fresno at
3:56 p.m. Defendant IFCO did not attempt to reach Plaintiff's
counsel by telephone.
In all, Plaintiff's counsel spent 7.2 hours driving to and from
Fresno, driving 358 miles, and incurred a non-refundable hotel cost
of $110.99. On September 16, 2025, Plaintiff asked Defendant IFCO
to pay for the hotel reservation, $250.60 in mileage at the
Internal Revenue Service rate of $0.70 per mile, and $3,837.60 in
attorney's fees for driving time. After that email went unanswered,
Plaintiff's counsel followed up on September 19, 2025, and
September 25, 2025.
On October 6, 2025, counsel for Plaintiff and counsel for Defendant
met and conferred but were unable to resolve the dispute. Plaintiff
filed the instant motion on October 16, 2025.
The Court found that Federal Rule of Civil Procedure 30(g) governs
a person's failure to attend a deposition and provides that a party
who, expecting a deposition to be taken, attends in person or by an
attorney may recover reasonable expenses for attending, including
attorney's fees, if the noticing party failed to attend and proceed
with the deposition. The Court noted that a party can
constructively fail to attend a deposition by providing late notice
of a cancellation.
The Court stated that Rule 30(g) does not require that the noticing
party act in bad faith. Instead, where a party's cancellation of
the deposition was not timely made, and Plaintiff incurred costs
that it would not have incurred but for the cancellation, Rule
30(g) provides for the recovery of those expenses so long as they
are reasonable.
The Court found that Plaintiff filed documentation supporting his
request for $110.99 for a nonrefundable hotel reservation and
$250.60 for mileage reimbursement, and the Court found that these
costs are reasonable and properly recoverable. The Court found that
by the terms of the booking itself it was not refundable at the
time Defendant IFCO cancelled the deposition. The Court also found
that it was reasonable under the circumstances for Plaintiff's
counsel to stay at the hotel rather than to drive the several hours
home after already driving for four hours into the evening.
Regarding the mileage reimbursement, the Court noted that Defendant
IFCO cited to no authority for the proposition that a party's costs
are not reasonable when they choose to drive rather than fly. The
Court agreed with Plaintiff that awarding mileage is appropriate
given the use of his personal vehicle to drive to the deposition
and that using the General Services Administration rate is
reasonable.
The Court found that Plaintiff seeks recovery of attorney's fees
for his counsel's time driving 7.2 hours to and from Fresno. The
Court found Plaintiff's counsel's stated hours and miles driven is
consistent with the travel time between San Pablo, California and
Fresno, California. Therefore, the Court found that the 7.2 hours
of attorney time claimed is reasonable and recoverable.
Regarding attorney's fees associated with preparing the instant
motion, the Court acknowledged there is conflicting authority on
this point, though none is binding. Upon review, the Court found
the present case partially distinguishable from cases in which
courts declined to award fees associated with the preparation of a
Rule 30(g) motion. The Court found that fees associated with the
preparation of the instant motion are recoverable. The Court found
that the requested 5.5 hours of attorney time claimed for the
instant motion, reply, and associated declarations is reasonable
and recoverable.
The Court concluded that the prevailing rate in the Eastern
District of California for similar services by lawyers of
reasonably comparable skill, experience, and reputation is
approximately $400 per hour. The Court therefore found that
Plaintiff is entitled to recovery of 12.7 hours of attorney time
(7.2 hours associated with counsel's travel and 5.5 hours
associated with the preparation of the instant motion and reply) at
a rate of $400 per hour is reasonable and recoverable under Rule
30(g).
The Court found that Plaintiff is entitled to recovery from
Defendant IFCO the following reasonable expenses, including
attorney's fees: (1) $110.99 for a nonrefundable hotel reservation;
(2) $250.60 for mileage reimbursement; (3) $2,880 in attorney's
fees for time spent traveling to and from the site of the
deposition (7.2 hours at adjusted hourly rate of $400 per hour);
and (4) $2,200 in attorney's fees for time spent preparing this
motion (5.5 hours at adjusted hourly rate of $400). This
constitutes a total recovery by Plaintiff of $5,441.59.
Accordingly, the Court granted in part the motion. Defendant IFCO
is ordered to pay reasonable expenses, including attorney's fees,
to Plaintiff in the amount of $5,441.59.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=SGv1Uv from PacerMonitor.com
INTERACTIVE BROKERS: Parties Seek Initial OK of Settlement
----------------------------------------------------------
Interactive Brokers Group, Inc. (IB Group) disclosed in its Form
10-Q report for the quarterly period ended September 30, 2025,
filed with the Securities and Exchange Commission on November 5,
2025, that on August 15, 2025, the parties in a purported class
action complaint against IB LLC, IBG, Inc., and Thomas Frank,
Ph.D., the company's Executive Vice President and Chief Information
Officer, disclosed to the U.S. District Court for the District of
Connecticut that a settlement in principle had been reached. On
October 31, 2025, the parties further informed that they anticipate
filing a motion for preliminary approval of the class action
settlement agreement by December 12, 2025.
On December 18, 2015, a former individual customer filed a
purported class action complaint against IB LLC, IBG, Inc., and
Thomas Frank, Ph.D., the company's Executive Vice President and
Chief Information Officer, in said court. The complaint alleges
that a purported class of IB LLC's customers were harmed by alleged
"flaws" in the computerized system used to close out (i.e.,
liquidate) positions in customer brokerage accounts that have
margin deficiencies. The complaint seeks, among other things,
undefined compensatory damages and declaratory and injunctive
relief.
On September 28, 2016, the District Court issued an order granting
the company's motion to dismiss the complaint in its entirety,
without leave to amend. On September 28, 2017, the plaintiff
appealed to the United States Court of Appeals for the Second
Circuit. On September 26, 2018, the Court of Appeals affirmed the
dismissal of the plaintiff's claims of breach of contract and
commercially unreasonable liquidation but vacated and remanded back
to the District Court plaintiff's claims for negligence. The
company's motion to dismiss the plaintiff's subsequent second
amended complaint was denied on September 30, 2019. On July 14,
2022, after obtaining leave to amend his complaint, the plaintiff
filed a third amended complaint. The Company’s answer and
counterclaim were filed on July 26, 2022.
On August 25, 2023, the court granted the plaintiff's motion for
class certification, certifying a class that consists of IB LLC
account holders who are U.S. residents (with some exclusions) who
had positions liquidated from December 18, 2013, to the date of
trial at prices outside of a "pricing corridor" defined in the
court's decision. On September 8, 2023, the Company filed a
petition for permission to appeal the District Court's class
certification decision to the United States Court of Appeals for
the Second Circuit, which denied the company's petition on December
19, 2023.
Interactive Brokers Group, Inc. is a holding company that owns
26.3% of IBG LLC, which, in turn, owns operating subsidiaries. IBG,
Inc. together with IBG LLC and its consolidated subsidiaries is an
automated global electronic broker specializing in executing and
clearing trades in stocks, options, futures, foreign exchange
instruments, bonds, mutual funds, exchange-traded funds, precious
metals, and forecast contracts on more than 160 electronic
exchanges and market centers around the world and offering custody,
prime brokerage, securities and margin lending services to
customers.
JEFF RUBY: Lamb Seeks Approval of FLSA Settlement
-------------------------------------------------
In the class action lawsuit captioned as JOHNATHAN LAMB and JIM
BELMONT, On Behalf of Themselves and All Others Similarly Situated,
v. JEFF RUBY CULINARY ENTERTAINMENT, INC., THE PRECINCT, INC.,
CARLO & JOHNNY’S, LTD., JEFF RUBY STEAKHOUSE, LLC, JEFF RUBY’S
COLUMBUS, LLC, JEFF RUBY’S STEAKHOUSE LEXINGTON, LLC, JEFF
RUBY’S LOUISVILLE, LLC, and JEFF RUBY’S NASHVILLE, LLC, d/b/a
JEFF RUBY CULINARY ENTERTAINMENT, Case No. 3:25-cv-00949 (M.D.
Tenn.), the Plaintiffs ask the Court to enter an order:
-- approving the collective Fair Labor Standards Act (FLSA)
settlement,
-- granting Rule 23 class certification for settlement purposes,
and
-- preliminarily approving the Parties' proposed Rule 23 class
settlement.
Specifically, the Plaintiffs seek an order granting the following
relief:
The Plaintiffs move for approval of the resolution of their FLSA
claims as a fair and reasonable settlement of bona fide disputes
under the FLSA, in accordance with 29 U.S.C. section 216(b).
Second, Named Plaintiffs move for certification, for settlement
purposes only, of settlement classes pursuant to Federal Rule of
Civil Procedure 23(a) and 23(b)(3) of two settlement classes
(collectively, the "Rule 23 Classes").
The settlement classes consist of:
"current and former employees of Defendants who worked in tip
credit eligible positions and who earned less than the
applicable federal and state minimum wage rates per hour and
received customer tips at the Defendants' restaurants in Ohio
and Kentucky."
The Rule 23 Classes include the following individuals:
"All employees in tip credit eligible positions employed by
the Defendants at their Ohio restaurants at any time from
Sept. 12, 2021, to July 11, 2025 (the "Rule 23 Ohio Class")";
and
"All employees in tip credit eligible positions employed by
the Defendants at their Kentucky restaurants at any time from
Feb. 27, 2019, to July 11, 2025 (the "Rule 23 Kentucky
Class")."
The Plaintiffs also request that the Court:
-- appoint, for settlement purposes only: (a) Named Plaintiff
Lamb as Class Representative of the Rule 23 Kentucky Class and
(b) Named Plaintiff Belmont as Class Representatives of the
Rule 23 Ohio Class.
-- appoint, for settlement purposes only, the Plaintiffs'
attorneys, David W. Garrison, Joshua A. Frank, and Nicole A.
Chanin of Barrett Johnston Martin & Garrison, PLLC; and Robert
E. DeRose of Barkan Meizlish DeRose Cox, LLP as Class Counsel
for the Rule 23 Classes.
Jeff Ruby operates as a restaurant.
A copy of the Plaintiffs' motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=XPJwTG at no extra
charge.[CC]
The Plaintiffs are 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.
BARKAN MEIZLISH DEROSE COX, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
E-mail: bderose@barkanmeizlish.com
KETTLE AND FIRE: Garza Balks at Mislabeled Bone Broth Products
--------------------------------------------------------------
MICHELLE GARZA, individually, and on behalf of herself and those
similarly situated, Plaintiff v. KETTLE AND FIRE INC., Defendant,
Case No. 2:25-cv-10708 (C.D. Cal., November 7, 2025) seeks redress
for Defendant's alleged unlawful and deceptive practices in
labeling and marketing its bone broth products in violation of
State Consumer Protection Statutes, the California Unfair
Competition Law, the California False Advertising Law, and the
California Consumer Legal Remedies Act.
According to the complaint, the Defendant knows consumers are
mindful of the number of grams of protein they consume, and thus,
protein content is a material driver in the purchase of products
promoting inclusion of protein. Thus, the Defendant prominently
labels its bone broth products including: Reduced Sodium Classic
Chicken Bone Broth, Classic Chicken Bone Broth, Mushroom Chicken
Bone Broth and Turmeric Ginger Bone Broth with the specific amount
of protein per serving on the Products' front labels and/or in the
Nutrition Fact Panel (NFP). Consumers, in turn, reasonably expect
that each Product will actually provide the amount and percentage
daily value of protein per serving stated on the Product package.
Based on Kjeldahl Nitrogen testing, it is clear that Defendant
misrepresents the total protein content of its Reduced Sodium
Classic Chicken Bone Broth, Classic Chicken Bone Broth, Mushroom
Chicken Bone Broth and Turmeric Ginger Bone Broth products. The
Plaintiff's testing of these Products shows that they contain less
than 20 percent of what is reported on the products' NFPs, says the
suit.
Kettle and Fire Inc. manufactures, distributes, markets, advertises
and sells a variety of bone broth products.[BN]
The Plaintiff is represented by:
Trenton R. Kashima, Esq.
BRYSON HARRIS SUCIU & DeMAY PLLC
19800 MacArthur Blvd., Suite 270
Irvine, CA 92612
Telephone: (212) 946-9389
E-mail: tkashima@brysonpllc.com
- and -
Daniel L. Warshaw, Esq.
PEARSON WARSHAW, LLP
15165 Ventura Boulevard, Suite 400
Sherman Oaks, CA 91403
Telephone: (818) 788-8300
Facsimile: (818) 788-8104
E-mail: dwarshaw@pwfirm.com
- and -
Melissa S. Weiner, Esq.
PEARSON WARSHAW, LLP
328 Barry Avenue S., Suite 200
Wayzata, MN 55391
Telephone: (612) 389-0600
Facsimile: (612) 389-0610
E-mail: mweiner@pwfirm.com
KOHLER CO: Beltran Sues for Invasion of Privacy, Wiretapping
------------------------------------------------------------
MARTIN BELTRAN, as an individual, on behalf of himself, the general
public, and those similarly situated v. KOHLER CO., Plaintiff,
Defendant, Case No. 3:25-cv-09633 (N.D. Cal., November 7, 2025) is
a class action against the Defendant for invasion of privacy,
intrusion upon seclusion, as well as wiretapping and use of a pen
register in violation of the California Invasion of Privacy Act.
According to the complaint, when Plaintiff and other consumers
visit Defendant's ecommerce websites, https://www.kohler.com,
https://www.robern.com, and https://www.kallista.com, the Defendant
displays to them a popup cookie consent banner. The Defendant's
cookie banners each disclose that the Website uses cookies but
expressly gives users the option to control how they are tracked
and how their personal data is used. The Defendant assures visitors
that they can choose to "Reject All" cookies.
Contrary to their express rejection of cookies and tracking
technologies on the Websites, the Defendant nonetheless caused
cookies, including the Third Parties' cookies, to be sent to
Plaintiff's and other visitors' browsers, stored on their devices,
and transmitted to the Third Parties along with user data. These
third-party cookies permitted the Third Parties to track and
collect data in real time regarding the behaviors and
communications of visitors to the Websites, says the suit.
The Defendant falsely told users of the Websites that it respected
their privacy and that they could avoid tracking and data sharing
when they browsed the Websites, alleges the complaint. Despite
receiving notice of consumers' express declination of consent, the
Defendant defied it and violated state statutes and tort duties
owed to Plaintiff and those similarly situated users of the
Websites.
Kohler Co. manufactures and sells kitchen and bath products,
engines, generators, and hospitality services.[BN]
The Plaintiff is represented by:
Seth A. Safier, Esq.
Marie A. McCrary, Esq.
Todd Kennedy, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 639-9090
Facsimile: (415) 449-6469
E-mail: seth@gutridesafier.com
marie@gutridesafier.com
todd@gutridesafier.com
KOTN AMERICA: Anderson Sues Over Blind-Inaccessible Website
-----------------------------------------------------------
DERRICK ANDERSON, on behalf of himself and all others similarly
situated, Plaintiff v. Kotn America, Inc., Defendant, Case No.
1:25-cv-06218 (E.D.N.Y., November 7, 2025) is a civil rights action
against the Defendant for its failure to design, construct,
maintain, and operate its website, https:/kotn.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, the New York State Human Rights Law, and the New
York City Human Rights Law.
On a number of occasions, and most recently on April 9, 2025,
during Plaintiff's online search of basic clothing for men, he came
across the Defendant's website. He proceeded to browse the
collections and was interested in purchasing Men's Work Shorts and
a Men's Linen Camp Shirt. However, due to accessibility issues
encountered while navigating the website, he was unable to complete
his purchase. He encountered several accessibility issues while
navigating the website including the lacked of a "Skip to Content"
link, making it impossible to bypass repeated blocks of content and
move directly to the main section of the page, says the suit.
The Plaintiff alleges that the website contains access barriers
that prevent free and full use by Plaintiff and blind persons using
keyboards and screen-reading software. These barriers are pervasive
and include, but are not limited to: inaccurate headings structure,
inadequate focus order, ambiguous link texts, changing of content
without advance warning, unclear labels for interactive elements,
the lack of navigation links, and the requirement that transactions
be performed solely with a mouse.
The Plaintiff seeks a permanent injunction to cause a change in
Kotn America's policies, practices, and procedures so that
Defendant's website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Kotn America, Inc. operates the website that offers men's and
women's clothes, including t shirts, sweatshirts, tank tops,
turtlenecks, dresses, pants, and chinos, as well as home textiles
such as bedding and towels.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
L'OREAL USA: Hernandez Class Suit Removed to D. Md.
---------------------------------------------------
The case styled as MARILYN HERNANDEZ, on her own behalf and on
behalf of all others similarly situated, Plaintiff v. L'OREAL USA
S/D, INC., Defendant, Case No. C-08-CV-25-000940, was removed from
the Circuit Court of Maryland for Charles County to the United
States District Court for the District of Maryland on November 14,
2025.
The District Court Clerk assigned Case No. 1:25-cv-03751-SAG to the
proceeding.
In this complaint, the Plaintiff seeks to represent a class that
comprises the following: "All Maryland residents to whom Lancôme
sent, within four years before the date of the filing of this
complaint until the date of trial, an email with a subject line
that states or implies that the recipient will receive a free
gift."
L'Oreal USA S/D, Inc., doing business as Skinceuticals, provides
skincare products. It offers antioxidants, sunscreens, body care,
anti-aging creams, facial cleansers, facial masks, skincare sets,
serums, and skincare services.[BN]
The Defendant is represented by:
Patrick J. Curran Jr., Esq.
DAVIS WRIGHT TREMAINE LLP
1301 K Street NW, Suite 500 East
Washington, D.C. 20005-3317
Telephone: 202-973-4200
E-mail: patcurran@dwt.com
- and -
John A. Goldmark, Esq.
DAVIS WRIGHT TREMAINE LLP
920 Fifth Avenue, Suite 3300
Seattle, WA 98104-1610
Telephone: 206-622-3150
E-mail: johngoldmark@dwt.com
LHNH LAVISTA: Eggleston Sues for Negligence, Lack of Maintenance
----------------------------------------------------------------
TONYA EGGLESTON, KAITLYN HOGE, ALLIDELL JACKSON, JUDELYN EBUDA,
INDIVIDUALLY, and on behalf of a class of similarly situated
individuals, Plaintiffs v. LHNH LAVISTA LLC, LHNH LAVISTA TIC II
LLC, LHNH LAVISTA TIC III LLC, SILVERPOINT MANAGEMENT, LLC, AND
AVENIUM GROUP, LLC, Defendants, Case No. 1:25-cv-06417-LMM (N.D.
Ga., November 7, 2025) is a class action against the Defendants for
negligence, gross negligence, and negligence per se; premises
liability; negligent hiring, training, supervision and retention;
and nuisance. The Plaintiffs seek punitive damages, and bad faith
damages for Defendants' failure to take appropriate actions to
remedy or reduce the danger to Plaintiffs and other tenants, and
for allowing the dangerous environment on the premises to continue
to exist unabated.
The Defendants' failure to properly inspect, maintain, and repair
the Premises created the hazardous conditions that ultimately
caused the fire on November 10, 2023 and the inability of their
staff and the Atlanta Fire Department to extinguish, maintain or
control the fire, its spread and ultimate destruction of the
premises, says the suit.
The Plaintiff alleges that hundreds of individuals who resided at
The Reserve at LaVista Walk on November 10, 2023, have been
displaced and lost substantial personal property resulting in
damages related to the replacement cost of personal property, loss
of use of said property, lost wages, loss of capacity to earn
wages, annoyance, depression, emotional upset, and other
compensatory, general and special damages.
The Defendants purchased The Reserve at LaVista Walk located in
Atlanta, Georgia in December 2021. Lavista Walk consists of two
four-story apartment buildings with 283 total units. [BN]
The Plaintiffs are represented by:
Kenneth W. Brosnahan, Esq.
Linda G. Carpenter, Esq.
THE BROSNAHAN LAW FIRM
31 Lenox Pointe, N.E.
Atlanta, GA 30324
Telephone: (404) 853-8964
Facsimile: (678) 904-6391
E-mail: kwb@brosnahan-law.com
lgc@brosnahan-law.com
- and -
Douglas H. Dean, Esq.
DEAN THAXTON, LLC
601 E. 14th Avenue 31015
Post Office Box 5005
Cordele, GA 31010
Telephone: (229) 271-9323
Facsimile: (229) 271-9324
E-mail: doug@deanthaxton.law
- and -
Adam L. Hoipkemier, Esq.
EPPS, HOLLOWAY, DELOACH & HOIPKEMIER, LLC
1220 Langford Drive, Bldg. 200
Watkinsville, GA 30677
Telephone: (706) 508-4000
Facsimile: (706) 843-6750
E-mail: adam@ehdhlaw.com
LINKSQUARES INC: Parties Seek Extension of Class Cert Bid Filing
----------------------------------------------------------------
In the class action lawsuit captioned as BRYAN CAICEDO and DANIELLE
RICH, on behalf of themselves and all others similarly situated, v.
LINKSQUARES INC., Case No. 1:24-cv-12642-WGY (D. Mass.), the
Parties ask the Court to enter an order extending deadlines
relating to the Plaintiffs' motion for class certification by one
week, to Dec. 8, 2025, and setting deadlines for the Defendant's
anticipated motion for decertification of the FLSA Collective on
the same date.
The current deadlines for the Rule 23 Class Certification Motion
are Dec. 1, 2025, for the opening brief and Dec. 15, 2025, for the
opposition.
The intervening Thanksgiving Holiday on Nov. 27, 2025, and
associated travel for attorneys and staff makes accomplishing these
tasks in the allotted time more difficult.
LinkSquares provides artificial intelligence solutions.
A copy of the Parties' motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=J9rNvv at no extra
charge.[CC]
The Plaintiffs are represented by:
Mikael Rojas, Esq.
Melissa L. Stewart, Esq.
Emma R. Janger, Esq.
OUTTEN & GOLDEN LLP
1225 New York Avenue NW, Suite 1200B
Washington, DC 20005
Telephone: (202) 847-4400
Facsimile: (646) 952-9114
E-mail: mrojas@outtengolden.com
mstewart@outtengolden.com
ejanger@outtengolden.com
- and -
Hillary Schwab, Esq.
FAIR WORK, P.C.
192 South Street, Suite 450
Boston, MA 02111
Telephone: (617) 607-3261
Facsimile: (617) 488-2261
E-mail: hillary@fairworklaw.com
The Defendant is represented by:
Barry Miller, Esq.
Hillary Massey, Esq.
SEYFARTH SHAW LLP
Two Seaport Lane, Suite 1200
Boston, MA 02210
Telephone: (617) 946-4800
Facsimile: (617) 946-4801
E-mail: bmiller@seyfarth.com
hmassey@seyfarth.com
MEDICALODGES INC: Blevins Sues to Recover Unpaid Wages
------------------------------------------------------
DEITRA BLEVINS, MELISSA DALTON, REAGAN RICKETTS, and KAYLA YOUNGER,
on behalf of themselves individually and all other similarly
situated employees, Plaintiffs v. MEDICALODGES, INC., Defendant,
Case No. 2:25-cv-02653-KHV-TJJ (D. Kan., November 7, 2025) is a
class action against the Defendant for alleged violations of the
Fair Labor Standards Act, the Kansas Wage Payment Act, the Missouri
Minimum Wage Law, and the Oklahoma Minimum Wage Act.
According to the complaint, the Defendant violated the law because
it utilizes a rounding policy that, in the aggregate, undercounts
its hourly employees' worked time, and further, because it
automatically deducts a 30-minute meal period from those same
employees' pay when no such break has been taken or provided.
The Named Plaintiffs were Certified Nursing Assistants of various
Medicalodges facilities across Kansas, and they bring this
collective and class action individually and on behalf of other
similarly situated employees across Kansas, Missouri and Oklahoma,
to recover the unpaid wages that Medicalodges has failed to pay
them.
Medicalodges owns and operates approximately 31 skilled nursing
facilities across Kansas, Missouri and Oklahoma.[BN]
The Plaintiffs are represented by:
John J. Ziegelmeyer III, Esq.
Brad K. Thoenen, Esq.
HKM EMPLOYMENT ATTORNEYS LLP
1600 Genessee, Suite 754
Kansas City, MO 64102
Telephone: (816) 875-3332
E-mail: jziegelmeyer@hkm.com
bthoenen@hkm.com
MERCHBAR INC: Battle Seeks Equal Website Access for the Blind
-------------------------------------------------------------
ANDRE BATTLE, on behalf of himself and all others similarly
situated, Plaintiff v. Merchbar, Inc., Defendant, Case No.
1:25-cv-13667 (N.D. Ill., November 7, 2025) is a civil rights
action against Merchbar for its failure to design, construct,
maintain, and operate its website, https://www.merchbar.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.
The Plaintiff browsed and intended to make an online purchase of a
music compact disc on Merchbar.com. Despite his efforts, however,
Plaintiff was denied a shopping experience like that of a sighted
individual due to the Website's lack of a variety of features and
accommodations. Unless Defendant remedies the numerous access
barriers on its website, Plaintiff and Class members will continue
to be unable to independently navigate, browse, use, and complete a
purchase on Merchbar.com.
The Plaintiff seeks a permanent injunction to cause a change in
Merchbar's policies, practices, and procedures so that Defendant's
website will become and remain accessible to blind and
visually-impaired consumers. This complaint also seeks compensatory
damages to compensate Class members for having been subjected to
unlawful discrimination.
Merchbar, Inc. operates the website that offers a selection of
music merchandise, including vinyl records, T-shirts, hoodies, CDs,
posters, and accessories, featuring exclusive collections from
artists.[BN]
The Plaintiff is represented by:
Uri Horowitz, Esq.
14441 70th Road
Flushing, NY 11367
Telephone: (718) 705-8706
Facsimile: (718) 705-8705
E-mail: Uri@Horowitzlawpllc.com
REGAL SECURITIES: Fails to Protect Personal Info, Chapman Says
--------------------------------------------------------------
ABRAHAM CHAPMAN, individually and on behalf of all others similarly
situated, Plaintiff v. REGAL SECURITIES, INC., Defendant, Case No.
1:25-cv-13666 (N.D. Ill., November 7, 2025) is a class action
arising out of a cyberattack and data breach resulting from Regal's
failure to properly secure and safeguard Plaintiff's and other
similarly situated individuals' personally identifiable information
(PII).
As part of its operations, the Defendant collects, maintains, and
stores highly sensitive PII of its former and current customers. In
February 2023, the Defendant discovered suspicious activity on its
network and began conducting an investigation into the suspicious
activity. The investigation revealed that Plaintiff and Class
Members' names, dates of birth, Social Security Numbers, and
financial account numbers were compromised and unlawfully accessed
by cybercriminals.
The Plaintiff's and Class Members' sensitive PII was compromised
and unlawfully accessed due to the data breach. This information,
while compromised and taken by unauthorized third parties, remains
also in the possession of Defendant, and without additional
safeguards and independent review and oversight, remains vulnerable
to additional hackers and theft, says the suit.
The Plaintiff seeks remedies including, but not limited to,
compensatory damages, nominal damages, reimbursement of
out-of-pocket costs, as well as injunctive relief including
improvements to Defendant’s data security systems, future annual
audits, and adequate credit monitoring services funding by
Defendant.
Regal Securities, Inc. is a financial company that offers
traditional brokerage, insurance support, and fee-based advisory
services.[BN]
The Plaintiff is represented by:
Bryan L. Bleichner, Esq.
Philip J. Krzeski, Esq.
CHESTNUT CAMBRONNE PA
100 Washington Avenue South, Suite 1700
Minneapolis, MN 55401
Telephone: (612) 339-7300
Facsimile: (612) 336-2940
E-mail: bbleichner@chestnutcambronne.com
pkrzeski@chestnutcambronne.com
RINGCENTRAL INC: Settles Reuben Data Privacy Suit
-------------------------------------------------
RingCentral, Inc. disclosed in its Form 10-Q report for the
quarterly period ended September 30, 2025, filed with the
Securities and Exchange Commission on November 5, that the
California Superior Court for San Mateo County Court entered
judgment in RingCentral's favor on November 5, 2024, and the
plaintiff filed a notice of appeal on January 6, 2025. On July 21,
2025, the parties entered into a settlement agreement in which the
company agreed to pay the plaintiff in exchange for the dismissal
of the action and appeal, and all claims and counterclaims alleged
therein, with prejudice.
The company settled the claim and plaintiff abandoned the appeal on
August 26, 2025.
On June 16, 2020, a Meena Reuben filed a complaint against the
company for a putative class action lawsuit that claims, on behalf
of a class of individuals for whom, while they were in California,
the company allegedly intercepted and recorded communications
between individuals and the company's customers without the
individual's consent, in violation of the California Invasion of
Privacy Act (CIPA) Sections 631 and 632.7.
Reuben seeks statutory damages of $5,000 for each alleged violation
of Sections 631 and 632.7, injunctive relief, and attorneys' fees
and costs, and other unspecified amount of damages. The parties
participated in mediation on August 24, 2021. On September 16,
2021, Reuben filed an amended complaint. The company filed a
demurrer to the amended complaint on October 18, 2021. A motion for
judgment on the pleadings was filed on January 23, 2023. The
California Superior Court for San Mateo County overruled the
company's demurrer and motion for judgment on the pleadings, and
the parties are now engaged in discovery. The company filed a
motion for summary judgment on February 16, 2024, and a hearing on
the motion is set for August 2, 2024.
An evidentiary hearing was held on August 2, 2024 and a hearing on
a motion for summary judgment was held on October 11, 2024,
whereupon, the court granted the company's motion for summary
judgment.
RingCentral, Inc. is a provider of software-as-a-service solutions
that enables businesses to communicate, collaborate and connect.
SCRIPPS NETWORKS: Court Dismisses VPPA Claim in "Simon"
-------------------------------------------------------
In the case captioned as Constance Simon, individually and on
behalf of all others similarly situated, Plaintiff, v. Scripps
Networks, LLC, Defendant, Case No. 24-cv-8175 (PKC) (S.D.N.Y.),
Judge P. Kevin Castel of the United States District Court for the
Southern District of New York denied the Defendant's motion to
dismiss for lack of standing but granted the motion to dismiss the
putative class action complaint for failure to state a claim under
the Video Privacy Protection Act of 1988.
The Plaintiff alleged that the Defendant collected and disclosed
her identifying information and video-watching activity on the HGTV
website to third-party Facebook. The Plaintiff asserted that the
disclosure of that information to Facebook violated the Video
Privacy Protection Act of 1988, 18 U.S.C. Section 2710(b)(1).
The Defendant owned and operated hgtv.com, a website that hosted
hundreds of videos featuring home and lifestyle content. To drive
web traffic to hgtv.com, the Defendant produced several newsletters
that contained links to articles and videos located on the website.
The Defendant integrated the Facebook Tracking Pixel, a string of
computer code created by the social-networking site Facebook, into
hgtv.com.
The version of the Pixel embedded in hgtv.com sent several types of
information to Facebook when users viewed videos on the site,
including the video's title and URL. When a visitor to hgtv.com was
logged into a Facebook account, the visitor's browser transmitted a
c_user cookie to Facebook, which contained the visitor's
unencrypted Facebook ID. If the visitor recently logged out of
their Facebook account, the Pixel sent a fr cookie to Facebook that
contained the user's encrypted Facebook ID.
The hgtv.com Pixel used Automatic Advanced Matching to detect other
sources of information on the website, including the email
addresses of users who subscribed to the Defendant's newsletters.
The information collected by the Automatic Advanced Matching
feature was hashed, meaning that it was converted into a computed
summary of digital data that could not be reversed back into the
original data.
The Plaintiff had a Facebook account and claimed she had been
subscribed to an HGTV newsletter since 2018. She asserted that she
routinely watched videos on hgtv.com from 2018 to 2022. The
Plaintiff alleged that the Pixel disclosed her Facebook ID, browser
identifier, email address and information about the videos she
viewed on hgtv.com to Facebook.
The Defendant argued in its motion that the Plaintiff lacked
Article III standing for any claims from 2022 because the
Plaintiff's personally identifiable information could not have been
transmitted to Facebook in 2022. In support of its motion, the
Defendant submitted a declaration asserting that (1) the
Defendant's last record of the Plaintiff viewing any video content
on hgtv.com was from August 2021, (2) the Plaintiff unsubscribed
from the HGTV newsletter in January 2022, and (3) the Defendant
removed the Pixel from all hgtv.com video pages in March 2022.
The Court stated that standing is analyzed on a claim-by-claim
basis, not a violation-by-violation or year-by-year basis. The
Court noted that the Defendant offered no support for the
proposition that the Court may dismiss the Plaintiff's claim for
lack of standing as to violations that occurred in 2022 while
allowing that same claim to proceed as to violations from earlier
time periods.
The Court found that the evidence submitted by the Defendant
suggested, at most, that the Plaintiff's information was not
transmitted by the Pixel to Facebook after August 2021; it did not
support a conclusion that her information was not disclosed at all.
The Court concluded that the Plaintiff's allegations that she had a
Facebook account, enrolled in an HGTV newsletter, and watched
videos on hgtv.com were sufficient at this stage to show that the
Plaintiff incurred an injury in fact. Accordingly, the Defendant's
motion to dismiss for lack of standing was denied.
The Court stated that to state a claim under the VPPA, a plaintiff
must plausibly allege that (1) a video tape service provider (2)
knowingly disclosed to any person (3) personally identifiable
information concerning her use of the service. The VPPA defined
personally identifiable information to include information which
identifies a person as having requested or obtained specific video
materials or services from a video tape service provider.
The Defendant argued that the Complaint should be dismissed because
the Plaintiff did not adequately allege that her Facebook ID and
browser identifier were personally identifiable information as that
term is defined under the VPPA. Furthermore, the Defendant argued
that the Complaint failed to specify how an ordinary person could
use the information transmitted by the Pixel to identify any
specific user and link that user to the videos he or she viewed on
hgtv.com.
The Court referenced the Second Circuit's decision in Solomon v.
Flipps Media, Inc., which determined that personally identifiable
information under the VPPA encompasses information that would allow
an ordinary person to identify a consumer's video-watching habits,
but not information that only a sophisticated technology company
could use to do so. The Second Circuit found that it was
implausible that an ordinary person would look at the code
transmitted by the Pixel and understand it to contain a video's
title or the viewer's Facebook ID.
The Court noted that the Second Circuit subsequently considered
another Pixel-related VPPA claim in Hughes v. National Football
League and clarified that Solomon focused on whether an ordinary
person would be able to understand the actual underlying code
communication itself, regardless of how the code is later
manipulated or used by Facebook. The Second Circuit proclaimed that
Solomon effectively shut the door for Pixel-based VPPA claims.
The Court concluded that the Plaintiff's claim must be dismissed.
Like the plaintiff in Solomon, the Plaintiff presented several
screenshots showing code that was purportedly transmitted by the
Pixel to Facebook. However, outside of conclusory statements, the
Plaintiff's Complaint did not contain any allegations describing
how an ordinary person with little or no extra effort would be able
to discern that the Pixel transmission contained the Plaintiff's
Facebook ID, browser identifier or the titles of the videos viewed
by her.
The Court found that the code transmitted by the hgtv.com Pixel was
not clearly labeled such that an ordinary person could identify the
personal information conveyed by that code. Nor did the Complaint
allege how an ordinary person would access that code or connect the
information it contains to the Plaintiff's identity. The Court
noted that the Plaintiff acknowledged in her opposition brief that
the Pixel transmitted complex computer code that could not be
reasonably discovered by the ordinary consumer.
Regarding the Plaintiff's allegations that her email address was
collected and disclosed by the Automatic Advanced Matching
functionality of the Pixel, the Court stated that information
collected by the Automatic Advanced Matching feature was hashed,
meaning it was a computed summary of digital data that could not be
reversed back into the original data. There were no allegations in
the Complaint that supported an inference that an ordinary person
with little or no extra effort could identify and somehow convert
this hashed data back into an understandable format and connect
that information to the Plaintiff.
The Court therefore determined that it did not plausibly allege
that the Plaintiff's personally identifiable information was
disclosed to Facebook by the Pixel on the Defendant's website.
Therefore, the Plaintiff's claim was dismissed.
In the concluding sentence of her opposition brief, the Plaintiff
urged that should the Court grant the Defendant's Motion in any
part, Plaintiffs respectfully request leave to amend. The Plaintiff
provided no suggestion as to how she would amend the pleading of
her VPPA claim. On this basis alone, the Court denied the request.
The Court noted that the Defendant had supplied the Plaintiff with
a four-page single-spaced letter outlining the basis for its
proposed motion to dismiss. The Plaintiff responded seeking leave
to amend, which the Court granted and the Second Amended Complaint
was filed. At the initial conference, the Court offered the
Plaintiff the opportunity to further amend, but the Plaintiff
indicated that she did not wish to do so. Having passed up the
opportunity to further amend, the Court declined to grant leave at
this juncture.
In light of the Second Circuit's Solomon decision and its assertion
in Hughes that it had effectively shut the door to this type of
claim, the Court concluded that amendment of the Complaint would be
futile.
The Defendant's motion to dismiss was granted with prejudice. The
Plaintiff's request for leave to amend was denied.
A copy of the Court's Opinion and Order is available at
https://urlcurt.com/u?l=4j42hr from PacerMonitor.com
THC – ORANGE COUNTY: Rehan Suit Removed to S.D. California
------------------------------------------------------------
The case captioned as Sara Rehan, an individual, on behalf of
herself and others similarly situated v. THC – ORANGE COUNTY, LLC
(THC-OC"), A California limited liability company; KINDRED
HEALTHCARE OPERATING, LLC ("KHO"), a Delaware limited liability
company; KINDRED HOSPITAL - SAN DIEGO ("KHSD"), an entity of
unknown form; and DOES 1 through 50, inclusive, Case No.
25CU053682C was removed from the Superior Court for the State of
California, County of San Diego, to the United States District
Court for Southern District of California on Nov. 12, 2025, and
assigned Case No. 3:25-cv-03128-LL-KSC.
In the Complaint, Plaintiff seeks recovery for the following:
failure to pay minimum wages; failure to pay overtime wages;
failure to pay reporting time; meal period liability; rest break
liability; failure to provide accurate, itemized wage statements;
failure to keep required payroll records; failure to pay wages
timely during employment; failure to timely pay wages due at
termination of employment; unlawful deductions from wages; failure
to reimburse necessary business expenses; and violation of the
Unfair Competition Law.[BN]
The Defendants are represented by:
J. Scott Carr, Esq.
KABAT CHAPMAN & OZMER LLP
333 S. Grand Avenue, Suite 2225
Los Angeles, CA 90071
Phone: (213) 493-3988
Facsimile: (404) 400-7333
Email: scarr@kcozlaw.com
UNIVERSITY OF PENNSYLVANIA: Gade Alleges Unprotected Personal Info
------------------------------------------------------------------
NEIL GADE, individually and on behalf of all others similarly
situated, Plaintiff v. THE TRUSTEES OF THE UNIVERSITY OF
PENNSYLVANIA, Defendant, Case No. 2:25-cv-06343-MKC (E.D. Pa.,
November 7, 2025) is a class action against the Defendant for its
failure to properly secure and safeguard Plaintiff's and Class
Members' personally identifiable information, including names,
dates of birth, telephone numbers, addresses, demographic
information, estimated net worth, and donation history.
On October 30, 2025, cybercriminals infiltrated Penn's computer
systems by compromising an employee's PennKey SSO account. This
unauthorized access allowed cybercriminals entry into the
university's Salesforce data, VPN, Qlik analytics platform,
SharePoint files, and SAP business intelligence system, resulting
in widespread harm to Plaintiff and Class Members.
The Defendant breached their duties owed to Plaintiff and Class
Members by failing to safeguard the PII it collected and
maintained, including by failing to implement industry standards
for data security to protect against, detect, and stop
cyber-attacks, which failures allowed criminal hackers to access
and steal Plaintiff's and Class Members' PII from the Defendant,
says the suit.
To recover from Defendant for these harms, Plaintiff, individually
and on behalf of the Class, brings claims for negligence/negligence
per se, breach of implied contract, and declaratory relief, to
address Defendant's inadequate safeguarding of Plaintiff's and
Class Members' PII in its care.
University of Pennsylvania is a private, nonprofit research
university.[BN]
The Plaintiff is represented by:
Andrew W. Ferich, Esq.
AHDOOT & WOLFSON, P.C.
201 King of Prussia Road, Suite 650
Radnor, PA 19087
Telephone: (310) 474-9111
Facsimile: (310) 474-8585
E-mail: aferich@ahdootwolfson.com
- and -
Benjamin F. Johns, Esq.
SHUB JOHNS & HOLBROOK LLP
Four Tower Bridge
200 Barr Harbor Drive, Suite 400
Conshohocken, PA 19428
Telephone: (610) 477-8380
E-mail: bjohns@shublawyers.com
- and -
Thomas E. Loeser, Esq.
Ellen J. Wen, Esq.
Kelly A. Aristides, Esq.
COTCHETT, PITRE & McCARTHY, LLP
1809 7th Avenue, Suite 1610
Seattle, WA 98101
Telephone: (206) 802-1272
Facsimile: (206) 299-4184
E-mail: tloeser@cpmlegal.com
ewen@cpmlegal.com
karistides@cpmlegal.com
VESTIS CORPORATION: Class Cert. Deadlines Continued
---------------------------------------------------
In the class action lawsuit captioned as PLUMBERS, PIPEFITTERS AND
APPRENTICES LOCAL NO. 112, Individually and on Behalf of All Others
Similarly Situated, v. VESTIS CORPORATION, ARAMARK, KIMBERLY SCOTT,
RICK DILLON, and JOHN J. ZILLMER, Case No. 1:24-cv-02175-SDG (N.D.
Ga.), the Hon. Judge Grimberg entered an order continuing class
certification deadlines:
The Deadlines for Lead Plaintiffs' motion for class
certification and the Defendants' response are continued
pending the Court's entry of a scheduling order that includes
deadlines for class certification proceedings.
The joint preliminary report and discovery plan is due Dec.
1, 2025.
Vestis provides clean and safe uniform services and workplace
supplies.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=Ozn7yR at no extra
charge.[CC]
WHOLE FOODS: Albrigo Sues Over Mislabeled Organic Orange Juice
--------------------------------------------------------------
LAURA ALBRIGO and ANDREA MITCHELL, on behalf of themselves and all
others similarly situated, Plaintiffs v. WHOLE FOODS MARKET, INC.,
Defendant, Case No. 3:25-cv-03045-BTM-BLM (S.D. Cal., November 7,
2025) is a class action lawsuit arising from the Defendant's
manufacturing, distribution, and sale of its 365 Organic Orange
Juice fortified with alleged Vitamin D misrepresentation in
violation of the California's Consumers Legal Remedies Act, Unfair
Competition Law, and False Advertising Law.
According to the complaint, the Defendant claims to sell juice
products that purport to ofer consumers 5 micrograms of vitamin D
per 240 mL serving or 25%. However, independent testing conducted
by an ISO/IEC 17025:2017 accredited and U.S. Food and Drug
Administration recognized laboratory found that, contrary to
Defendant's 5 mcg of vitamin D per Serving representation, the
Products contain zero mcgs of vitamin D per Serving.
The Plaintiff relied on this representation and warranty in
deciding to purchase the Products. These representations and
warranties were part of the basis of the bargain in that she would
not have purchased Defendant's Products or would have paid less for
them had she known that the vitamin D content in the Products was
less than Defendant represented. Accordingly, the Plaintiff was
injured and lost money because of Defendant's deceptive and unfair
conduct.
Whole Foods Market, Inc. is an American multinational supermarket
chain headquartered in Austin, Texas, which generally sells whole
food products free from hydrogenated fats and artificial colors,
flavors, and preservatives.[BN]
The Plaintiffs are represented by:
L. Timothy Fisher, Esq.
Daniel S. Guerra, Esq.
Ines Diaz Villafana, Esq.
Joshua B. Glatt, Esq.
Joshua R. Wilner, 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: ltfisher@bursor.com
dguerra@bursor.com
idiaz@bursor.com
jglatt@bursor.com
jwilner@bursor.com
WIDENER UNIV: Sparacino Seeks Initial OK of Proposed Settlement
---------------------------------------------------------------
In the class action lawsuit captioned as GIANNA SPARACINO, on
behalf of herself and all others similarly situated, v. WIDENER
UNIVERSITY, Case No. 2:24-cv-01001-MKC (E.D. Pa.), the Plaintiff
asks the Court to enter an order under Federal Rule of Civil
Procedure 23:
(1) Preliminarily approving the proposed Settlement on behalf of
the Settlement Class Members according to the terms of the
Stipulation of Settlement;
(2) Provisionally certifying, for purposes of the Settlement
only, the following Settlement Class:
"All Widener University students whose payment obligation of
tuition and/or fees was satisfied for the Spring 2020
semester, and who were enrolled in at least one in-person
on-campus class during the Spring 2020 semester."
Excluded from the Potential Settlement Class are all Widener
students who received scholarships, grants, or credits that
equaled or exceeded their total payment obligations to
Widener for the Spring 2020 semester, or who were otherwise
not obligated to make contributions, payments or third-party
arrangements towards tuition or fees for the Spring 2020
semester.
(3) Preliminarily appointing Named Plaintiff Gianna Sparacino as
Settlement Class Representative;
(4) Preliminarily appointing Nicholas A. Colella of Lynch
Carpenter, LLP, and Michael A. Tompkins and Anthony M.
Alesandro of Leeds Brown Law, P.C. as Class Counsel to act
on behalf of the Settlement Class and the Settlement Class
Representative with respect to the Settlement;
(5) Approving the Parties' proposed settlement procedure,
including approving the Parties' selection of RG/2 Claims
Administration LLC as Settlement Administrator and approving
the Parties’ proposed schedule; and
(6) Preliminarily Approving the Proposed Settlement and
Provisionally Certifying the Proposed Settlement Class.
Widener is a private, metropolitan university.
A copy of the Plaintiff's motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=kovWuK at no extra
charge.[CC]
The Plaintiff is represented by:
Nicholas A. Colella, Esq.
LYNCH CARPENTER, LLP
1133 Penn Avenue, 5th Floor
Pittsburgh, PA 15222
Telephone: (412) 322-9243
E-mail: NickC@lcllp.com
- and -
Michael A. Tompkins, Esq.
Anthony M. Alesandro, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, NY 11514
Telephone: (516) 873-9550
E-mail: mtompkins@leedsbrownlaw.com
aalesandro@leedsbrownlaw.com
XCEL ENERGY: Class Settlement in Arandell Suit Gets Initial Nod
---------------------------------------------------------------
In the class action lawsuit captioned as ARANDELL CORPORATION,
MERRICK’S, INC., SARGENTO FOODS, INC., BRIGGS & STRATTON
CORPORATION, CARTHAGE COLLEGE, LADISH CO., INC., v. XCEL ENERGY,
INC, NORTHERN STATES POWER COMPANY, DYNEGY ILLINOIS INC., DYNEGY
GP, INC., DYNEGY MARKETING & TRADE, E PRIME INC., and DMT G.P. LLC,
Case No. 07-cv-76-jdp (W.D. Wis.), the Hon. Judge Peterson entered
an order that:
1. The motion for class certification and preliminary approval
of the class settlement is granted.
2. The court certifies the following class:
"All industrial and commercial purchasers of natural gas for
their own use or consumption during the period from Jan. 1,
2000 until Oct. 31, 2002, and which gas was used or consumed
by them in Wisconsin."
Excluded from the Class are: (a) entities that purchased
natural gas for resale (to the extent of such purchase for
resale); (b) entities that purchased natural gas for
generation of electricity for the purpose of sale (to the
extent of such purchase for generation); (c) entities that
purchased natural gas at rates approved by the Wisconsin
Public Service Commission (to the extent of such purchases at
such approved rates); (d) defendants and their predecessors,
affiliates, and subsidiaries; and (e) the federal government
and its agencies.
3. The law firms of Kohner Mann & Kailas, S.C., Perkins Coie
LLP, and Polsinelli PC are appointed as counsel for the
settlement class.
4. The parties proposed class notices are approved.
5. No later than December 17, 2025, the parties are directed to
disseminate notice to the class. The notices are to give
class members 45 days to submit a claim, opt out of the
class, or file an objection.
6. No later than December 17, 2025, the parties are to submit
proof to the court that they complied with the notice
requirements in 28 U.S.C. § 1715.
7. No later than February 25, 2026, the parties are to file a
motion for final approval of the settlement agreement. The
motion for final approval must address all the factors in
Rule 23(e)(2), identify all class members who requested
exclusion or objected to the settlement, and respond to any
objections raised by class members. Also by February 25,
class counsel are to submit a motion for attorney fees and
expenses.
8. A settlement approval hearing will be held via video
conference on Friday, March 27, 2026, at 2:00 p.m.
The Plaintiffs in these consolidated cases are commercial and
industrial entities that purchased natural gas between 2000 and
2002 for consumption in Wisconsin.
The Plaintiffs allege that defendants conspired to fix the prices
for natural gas, in violation of antitrust law.
The litigation began nearly 20 years ago, and the class members
have settled with most of the original defendants. Seven defendants
remain: Dynegy Illinois Inc., DMT G.P. L.L.C., Dynegy GP Inc. and
Dynegy Marketing and Trade, e prime, inc., Northern States Power
Company, and Xcel Energy Inc.
The Plaintiffs and the remaining defendants now jointly move for
certification of a class under Federal Rule of Civil Procedure
23(b)(3) and for preliminary approval of a class settlement in the
amount of $16 million.
Xcel operates as a public utility holding company.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=jE7uDc at no extra
charge.[CC]
XCEL ENERGY: Class Settlement in Newpage Suit Gets Initial Nod
--------------------------------------------------------------
In the class action lawsuit captioned as NEWPAGE WISCONSIN SYSTEM,
INC., v. XCEL ENERGY INC., NORTHERN STATES POWER COMPANY, DYNEGY
ILLINOIS INC., DMT G.P. LLC, DYNEGY GP INC., DYNEGY MARKETING &
TRADE, and E PRIME INC, Case No. 09-cv-240-jdp (W.D. Wis.), the
Hon. Judge Peterson entered an order that:
1. The motion for class certification and preliminary approval
of the class settlement is granted.
2. The court certifies the following class:
"All industrial and commercial purchasers of natural gas for
their own use or consumption during the period from Jan. 1,
2000 until Oct. 31, 2002, and which gas was used or consumed
by them in Wisconsin."
Excluded from the Class are: (a) entities that purchased
natural gas for resale (to the extent of such purchase for
resale); (b) entities that purchased natural gas for
generation of electricity for the purpose of sale (to the
extent of such purchase for generation); (c) entities that
purchased natural gas at rates approved by the Wisconsin
Public Service Commission (to the extent of such purchases at
such approved rates); (d) defendants and their predecessors,
affiliates, and subsidiaries; and (e) the federal government
and its agencies.
3. The law firms of Kohner Mann & Kailas, S.C., Perkins Coie
LLP, and Polsinelli PC are appointed as counsel for the
settlement class.
4. The parties proposed class notices are approved.
5. No later than December 17, 2025, the parties are directed to
disseminate notice to the class. The notices are to give
class members 45 days to submit a claim, opt out of the
class, or file an objection.
6. No later than December 17, 2025, the parties are to submit
proof to the court that they complied with the notice
requirements in 28 U.S.C. § 1715.
7. No later than February 25, 2026, the parties are to file a
motion for final approval of the settlement agreement. The
motion for final approval must address all the factors in
Rule 23(e)(2), identify all class members who requested
exclusion or objected to the settlement, and respond to any
objections raised by class members. Also by February 25,
class counsel are to submit a motion for attorney fees and
expenses.
8. A settlement approval hearing will be held via video
conference on Friday, March 27, 2026, at 2:00 p.m.
The Plaintiffs in these consolidated cases are commercial and
industrial entities that purchased natural gas between 2000 and
2002 for consumption in Wisconsin.
The Plaintiffs allege that defendants conspired to fix the prices
for natural gas, in violation of antitrust law.
The litigation began nearly 20 years ago, and the class members
have settled with most of the original defendants. Seven defendants
remain: Dynegy Illinois Inc., DMT G.P. L.L.C., Dynegy GP Inc. and
Dynegy Marketing and Trade, e prime, inc., Northern States Power
Company, and Xcel Energy Inc.
The Plaintiffs and the remaining defendants now jointly move for
certification of a class under Federal Rule of Civil Procedure
23(b)(3) and for preliminary approval of a class settlement in the
amount of $16 million.
Xcel operates as a public utility holding company.
A copy of the Court's order dated Nov. 17, 2025, is available from
PacerMonitor.com at https://urlcurt.com/u?l=dXeJik at no extra
charge.[CC]
XGIMI TECHNOLOGY: Wins Partial Dismissal of "Garrido"
-----------------------------------------------------
In the case captioned as Luiz C. Peck Garrido, Plaintiff, v. Xgimi
Technology Incorporated, Defendant, Case No. 24-CV-04290 (RER)
(CLP) (E.D.N.Y.), Judge Ramon E. Reyes, Jr. of the United States
District Court for the Eastern District of New York granted in part
and denied in part the Defendant's motion to dismiss a purported
class action complaint on November 12, 2025.
This is a purported class action on behalf of consumers who
purchased the Defendant's home projectors and other similar
devices. The Plaintiff claims the Defendant advertised these
products on its website and elsewhere with intentionally inflated
brightness ratings to deceive consumers and induce them to purchase
these products at a premium. The Defendant moved to dismiss the
amended complaint for failure to state a claim, lack of subject
matter jurisdiction, and lack of personal jurisdiction. After
carefully reviewing the record, the motion to dismiss is granted in
part and denied in part.
In November 2022, the Plaintiff, a resident of Long Island, New
York, purchased an Xgimi Horizon Pro 4K home theater projector
directly from the Defendant's website for $1,275. In September
2023, Xgimi reached a settlement with its competitor Epson,
requiring Xgimi to reduce the advertised brightness rating for the
Horizon 4K Pro. Simultaneously with the lowered brightness rating,
Xgimi switched its measurement standard from ANSI lumens to ISO
lumens, which resulted in the Horizon Pro 4K's rated brightness
changing from 2,200 ANSI lumens to 1,500 ISO lumens. In or about
October 2023, the Plaintiff contacted the Defendant's customer
service to complain about the lowered brightness rating. On or
about October 21, 2023, Xgimi customer service responded that
despite the switch in standards, the performance of the device was
unaffected.
The Plaintiff responded on October 24, 2023, explaining that it was
not the performance of the projector that was the issue, but rather
the representation made by the Defendant that induced him to buy
the projector in the first place, namely its brightness rating. The
Plaintiff explained to the Defendant's customer service that 2,200
ANSI lumens should convert to 1,760 ISO lumens, and thus the new
1,500 ISO lumens rating indicates that the old 2,200 ANSI lumens
rating was inflated. However, the Defendant refused to refund or
replace the projector because the 30-day return window had
expired.
The Plaintiff retained an expert, an adjunct professor in
mechanical engineering at California Polytechnic State University,
to test three of the four putative class devices. The Plaintiff's
expert alleges that the brightness levels of these devices were
between 20 and 25 percent lower than initially advertised. However,
the Plaintiff could not find the Halo model for testing as it had
been discontinued.
On June 18, 2024, the Plaintiff filed a Rule 23 class action
complaint on behalf of himself and all others similarly situated.
He amended the complaint on November 21, 2024, adding sections on
expert witness testing of three Xgimi projectors and detailing the
Epson Settlement. The Plaintiff alleges the Defendant purposefully
deceived consumers by inflating the brightness figures of its home
projectors to gain traction in the United States market, including
but not limited to the (1) Horizon Pro 4k, (2) Horizon 1080P, (3)
Elfin, and (4) Halo models. The Plaintiff asserts jurisdiction
under the Class Action Fairness Act, 28 U.S.C. Section 1332(d)(2).
The Plaintiff raises eight claims against the Defendant on behalf
of a nationwide class and New York subclass consisting of all
persons who purchased a Xgimi Projector prior to September 18,
2023: (1) Deceit and Fraudulent Concealment, (2) Common Law Fraud
via Affirmative Misrepresentation, (3) Breach of Express Warranty,
(4) Breach of the Implied Warranty of Merchantability, (5) Breach
of the Implied Warranty of Fitness for a Particular Purpose, (6)
violations of the Magnusson-Moss Warranty Act, 15 U.S.C. Section
2301 et seq., (7) Unfair and Deceptive Trade Practices in Violation
of N.Y. Gen. Bus. Law Section 349, et seq., and (8) unjust
enrichment.
On January 9, 2025, the Defendant moved to dismiss the amended
complaint pursuant to Rules 12(b)(1), (2), and (6) of the Federal
Rules of Civil Procedure.
Upon careful examination of the fraud claims, the Court found that
the Plaintiff adequately alleges fraud. The Plaintiff alleges that
the Defendant's misrepresentations of lumens ratings were done
maliciously, oppressively, deliberately, with intent to defraud,
and in reckless disregard of the Plaintiff's and Class members'
rights, to enrich the Defendant. The Plaintiff has alleged that
Xgimi settled Epson's claims that it inflated its lumens ratings on
the suspect products. It is entirely reasonable to infer
misbehavior or at least recklessness from these facts and the
others stated in the amended complaint. Accordingly, the
Defendant's motion to dismiss is denied in this regard.
The Court determined that the Plaintiff's New York GBL Section 349
claim is adequately pleaded. The Plaintiff sufficiently alleges
that the Defendant engaged in consumer-oriented conduct that was
materially misleading and that he suffered injury as a result of
the allegedly deceptive act or practice. A reasonable jury could
find that (1) Xgimi marketed their projector products with inflated
lumens ratings, (2) these misrepresentations allowed Xgimi to
charge a price premium for their products, and (3) the Plaintiff
paid more for the products than he would have paid had Xgimi not
made such misrepresentations. Therefore, the Defendant's motion to
dismiss is denied in this respect.
The Court found that the Plaintiff's claims related to the Halo
projector are adequately pleaded. The Plaintiff sufficiently
alleges that Xgimi's original lumens rating of the Halo projector
was false. Relying on the Epson Settlement, the Plaintiff alleges
that the Defendant agreed to reduce the lumens ratings of the Halo
projector.
The Court determined that the Plaintiff adequately pleads breach of
express warranty. The Plaintiff alleges that Xgimi promised that
the Horizon Pro 4K projector model he bought had a brightness
rating of 2,200 ANSI lumens, which should convert to 1,760 ISO
lumens, but its actual rating, as later changed by Xgimi, was 1,500
ISO lumens. The Plaintiff specifically alleges that in October
2023, before filing suit, he alerted the Defendant that his
purchase was troublesome by submitting a complaint through a form
on the customer service website. The breach of express warranty
claim therefore survives dismissal.
However, the Court found that the Plaintiff's implied warranty of
merchantability and fitness for particular purpose claims fail. The
Plaintiff's issue was not the performance of the projector. While
it is true that the Plaintiff's projector does not put out the
originally advertised lumens, at no point does he allege that it
did not work for its ordinary purpose of projecting images to a
minimal level of quality. Accordingly, the implied warranty claims
are dismissed.
The Court dismissed the Plaintiff's unjust enrichment claim as
duplicative of his GBL claims. The Plaintiff's unjust enrichment
claim is based on the same allegations as set forth in support of
the GBL claim, and the Plaintiff has not shown that his unjust
enrichment claim differs from his GBL claims nor that the alleged
damages are distinct.
The Court denied the Defendant's request to dismiss equitable
relief as premature. The nationwide class claims shall proceed. The
Court has specific personal jurisdiction over Xgimi with respect to
the Plaintiff's claims. Since the Plaintiff, who resides in Long
Island, alleges that the Defendant sold him the projector via its
website and shipped it to him in New York, there is a prima facie
showing of specific personal jurisdiction.
The Court determined that the Plaintiff has Article III standing to
pursue claims for the products he did not purchase. The amended
complaint clearly states that Xgimi misrepresented the lumens
ratings of all four products. The Plaintiff's allegations about the
four projector models involve the same lumens rating
misrepresentations about substantially similar products.
The Court dismissed the Plaintiff's claims for injunctive relief.
Although past injuries may provide a basis for standing to seek
money damages, they do not confer standing to seek injunctive
relief unless the plaintiff can demonstrate that she is likely to
be harmed again in the future in a similar way. The Plaintiff notes
that he now knows the truth about the lumens figures of the
Defendant's projectors, and nowhere alleges that he is in the
market for another projector. Therefore, the Plaintiff's request
for injunctive relief in the form of disclosure and remediation is
dismissed.
The Court noted that the Plaintiff has withdrawn his claim under
the Magnusson-Moss Warranty Act. Therefore, the Plaintiff's MMWA
claims were dismissed.
For the reasons set forth above, the Court granted in part and
denied in part the Defendant's motion to dismiss. The Plaintiff
maintains his fraud claims and breach of express warranty claim on
behalf of himself and a nationwide class, and his N.Y. GBL Section
349 claim on behalf of himself and the New York subclass. The
implied warranty claims, MMWA claims, and unjust enrichment claim
are dismissed, as is the Plaintiff's request for injunctive
relief.
A copy of the Court's decision is available at
https://urlcurt.com/u?l=d3glZR from PacerMonitor.com
XPO LAST: Lopez Seeks to Continue Hearing on Class Cert Bid
-----------------------------------------------------------
In the class action lawsuit captioned as MAYNOR MEJIA LOPEZ, an
individual; individually and on Behalf of All Similarly Situated
Individuals, v. XPO LAST MILE, INC., A Georgia Corporation, and
DOES 1 through 25, Inclusive, Case No. 3:22-cv-08976-SI (N.D.
Cal.), the Plaintiff will move the Court, ex parte, for an order
continuing the hearing on the Plaintiff's motion for class
certification currently scheduled for April 10, 2026 to Aug. 7,
2026 and the related briefing schedule.
Despite the Plaintiff's good faith efforts to meet and confer with
the Defendant's counsel regarding precertification discovery
including the list of putative class members, contact information
of the putative class, representative documents and records for the
putative class members, timing and production of witnesses and
documents in order to meet the deadlines on the Plaintiff's Motion,
Defendant has unreasonably denied or delayed the requests by
Plaintiff.
As a result, the Plaintiff stipulated with the Defendant for a
further modified briefing schedule but this recent stipulation was
denied by the Court.
The Plaintiff therefore brings this Ex Parte Application to provide
additional context and reasoning as to why a further modification
of the briefing schedule for the Plaintiff's Motion for class
certification is necessary.
No party will be prejudiced by the requested continuance. To the
contrary, the Plaintiff stands to suffer severe prejudice and an
inability to meaningfully brief Plaintiff's Motion should the Court
not grant the requested continuance. The Plaintiff's only option is
to seek ex parte relief, and Plaintiff did not create the
circumstances that required him to seek such relief.
On Oct. 24, 2022, the Plaintiff filed a class action complaint
against the Defendant for failure to pay minimum wage, failure to
pay overtime compensation; reimbursement of employment expenses;
unlawful deduction from wages; failure to provide meal period;
failure to authorize and permit rest periods; failure to furnish
accurate wage statements; waiting time penalties; and unfair
competition.
The Second Amended Complaint refined the scope of the putative
class and defined it as:
"Non-employee workers who worked as a Contract Carrier,
Driver and/or Helper (hereinafter collectively referred to as
"Delivery Driver") for the Defendants out of a last mile hub
or dedicated warehouse location affiliated with the Defendants
in the State of California at an time during the four years
preceding April 29, 2018, and continuing while this action is
pending ("Class Period")."
XPO provides third-party logistics and last mile delivery
services.
A copy of the Plaintiff's motion dated Nov. 17, 2025, is available
from PacerMonitor.com at https://urlcurt.com/u?l=lXAhsO at no extra
charge.[CC]
The Plaintiff is represented by:
Michael H. Boyamian, Esq.
Armand R. Kizirian, Esq.
BOYAMIAN LAW, INC.
550 North Brand Blvd., Suite 1500
Glendale, CA 91203
Telephone: (818) 547-5300
Facsimile: (818) 547-5678
E-mail: michael@boyamianlaw.com
armand@boyamianlaw.com
ZILLOW GROUP: Faces Armstrong Suit Over Illegal Kickback Scheme
---------------------------------------------------------------
ARABA ARMSTRONG, individually and on behalf of all others similarly
situated, Plaintiff v. ZILLOW GROUP, INC., ZILLOW, INC., and ZILLOW
HOME LOANS, LLC, Defendant, Case No. 2:25-cv-02226 (W.D. Wash.,
November 7, 2025) is a class action against the Defendant for
alleged violation of the Real Estate Settlement Procedures Act and
the Washington Consumer Protection Act.
This case is about kickbacks that Defendants gave to real estate
brokers, in the form of access to valuable customer leads,
explicitly in exchange for sending those customers to Zillow's
financing arm for mortgages. That arrangement is per se illegal
under federal law. Moreover, because the true nature of the
kickbacks and obvious conflicts of interest are concealed from the
consumer (at Zillow's direction), the conduct also violates
Washington statutory and common law prohibitions concerning
consumer deception and the broker's fiduciary duties.
Defendant Zillow's policies and conduct violate the law in several
clear ways:
(1) Zillow's exchange of valuable leads in return for mortgage
sign-ups in violation of RESPA which forbids giving or accepting
any fee, kickback, or "thing of value" pursuant to an agreement
that business incident to a real estate settlement service will be
referred;
(2) Zillow's practices are unfair and deceptive under the
Washington law because they create undisclosed conflicts that have
the capacity to mislead reasonable consumers about the independence
of participating agents and brokerages and the neutrality of
Zillow's platform; and
(3) Zillow aided and abetted breaches of fiduciary duty by
participating agents and brokerages.
The Plaintiff, individually and on behalf of all others similarly
situated, therefore brings this action to halt Zillow's ongoing
violations of law, to obtain disgorgement and restitution of unjust
gains, and to secure appropriate relief for consumers injured by
Zillow's unlawful referral and steering practices in the provision
of real estate settlement services.
Zillow Group, Inc. is the publicly traded parent company that
controls the Zillow online real estate marketplace and a range of
related businesses and services.[BN]
The Plaintiff is represented by"
Jason T. Dennett, Esq.
Rebecca L. Solomon, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: jdennett@tousley.com
rsolomon@tousley.com
- and -
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
DICELLO LEVITT LLP
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Telephone: (312) 214-7900
E-mail: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
- and -
Corban Rhodes, Esq.
Emma Bruder, Esq.
DiCELLO LEVITT LLP
485 Lexington Ave., Tenth Floor
New York, NY 10017
Telephone: (646) 933-1000
E-mail: crhodes@dicellolevitt.com
ebruder@dicellolevitt.com
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