/raid1/www/Hosts/bankrupt/CAR_Public/210906.mbx
C L A S S A C T I O N R E P O R T E R
Monday, September 6, 2021, Vol. 23, No. 172
Headlines
3M COMPANY: Goldstein Sues Over Toxic Exposure From AFFF Products
3M COMPANY: Weber Suit Alleges Complications From AFFF Products
3M COMPANY: Zimmerman Seeks to Certify Class and Subclasses
ACCELLION INC: Faridian Suit Removed to N.D. California
ALABAMA PLUMBING: Underpays Helpers & Plumbers, May Alleges
AMAZON.COM SERVICES: Del Rio Labor Suit Goes to D. Connecticut
ARMAND STANSBURY: Alonzo ADA Suit in Central District of California
BANK OZK: Temporary Stay on Deadline to Oppose Class Cert Sought
BAYER HEALTHCARE: Schneider Suit Transferred to N.D. Illinois
BENTLEY PROPERTIES: Deardorff Sues Over Unsolicited Voice Messages
BH COSMETICS: Tenzer-Fuchs Files ADA Suit in E.D. New York
BLUE CROSS: Brent S. Suit Transferred to D. Massachusetts
BLUETRITON BRANDS: Angeles Sues Over Mineral Water's Lemon Label
BURRTEC WASTE: Hernandez FCRA Suit Removed to C.D. California
BUY AND SELL: Tenzer-Fuchs Files ADA Suit in E.D. New York
CALIFORNIA DEPARTMENT: Faces Mainstream Suit in Calif. State Court
CAROLINA LIQUID: Faces Bruce Katz TCPA Suit Over Unwanted Fax Ads
CASSAVA SCIENCES: Brazeau Sues Over 32% Drop of Stock Price
CHEROKEE COUNTY: Response Extension on Bid to Reconsider Sought
CHINELUS CORP: Aguilera Sues Over Unpaid Wages for Restaurant Staff
CLECO CORPORATE: Class Action Over 2016 Merger Ongoing
CO-OPERATIVE GENERAL: Faces Suit Over COVID-19 Insurance Claims
COALITION FOR AMERICAN: Faces Perrong TCPA Suit Over Robocalls
COLONIAL PIPELINE: Fails to Secure Stakeholders' Info, Suit Says
CORIZON HEALTH: Fritz Wins Class Certification Bid
D.G. SMITH: Hearell Files Suit in Cal. Super. Ct.
DICKEY'S BARBECUE: Diczhazy Suit Transferred to N.D. Texas
DO VITAMINS: Tenzer-Fuchs Files ADA Suit in E.D. New York
DREAMWEAR INC: Doe Employment Discrimination Suit Goes to D.N.J.
ELANCO ANIMAL: Vargas Suit Transferred to N.D. Illinois
EQUABLE ASCENT: Faces Edge Class Suit in Maryland State Court
FALONI LAW: Faces Sabel FDCPA Class Suit in S.D. New York
FREEPORT ASSESSOR: Kartez Files Petition in N.Y. Sup. Ct.
FREEPORT ASSESSOR: Lopez Files Petition in N.Y. Sup. Ct.
FREEPORT ASSESSOR: Vollono Files Petition in N.Y. Sup. Ct.
FREEPORT ASSESSOR: Wittich Files Petition in N.Y. Sup. Ct.
FUBOTV INC: Bid to Dismiss Securities Class Suit Due Sept. 10
GARDEN CITY ASSESSOR: Silvestri Files Petition in N.Y. Sup. Ct.
GLAXOSMITHKLINE PLC: DeCostanzo Sues Over Boostrix's False Claims
GP DEVELOPMENT: Sanabia Files Suit in Cal. Super. Ct.
HARRY'S NURSES: Seeks Transfer of Case to S.D. Mississippi
HRB TAX: Snarr Appeals Consumer Suit Dismissal to 9th Cir.
HYRECAR INC: Kehoe Law Firm Investigates Securities Claims
HYRECAR INC: Robbins Geller Files Securities Class Action
INDIA GLOBALIZATION: Deal Reached in Tchatchou Consolidated Suit
INTERNATIONAL BUSINESS: Withholds Sales Commissions, Briggs Claims
IRONSHORE INDEMNITY: Knox Suit Seeks to Certify Class
JAGUAR LAND ROVER: Tenzer-Fuchs Files ADA Suit in E.D. New York
JELD-WEN HOLDING: $40MM Class Settlement to be Heard on Nov. 22
KANAWHA COUNTY, WV: Students With Disabilities' Suit Can Proceed
LA LIBERTAD: Candelario Sues Over Unpaid Wages and Retaliation
LOANCARE LLC: Tederick Suit Removed to N.D. West Virginia
LUCILE PACKARD: Underpays Clinic/Medical Assistants, Rios Claims
LUCK THAI: Underpays Restaurant Workers, Chopen Suit Alleges
LUX SKIN LAB: Tenzer-Fuchs Files ADA Suit in E.D. New York
MAP COMMUNICATIONS: Brutout Wage-and-Hour Suit Goes to S.D. Cal.
NESTLE PURINA: Pet Foods' Label "Misleading," Barker Suit Claims
NOVATION COMPANIES: Approval of Settlement in NJCHF Suit Appealed
PHOENIX FINANCIAL: Suissa Files FDCPA Suit in S.D. Florida
POFI CONSTRUCTION: Ortiz et al. Sue Over Failure to Pay OT Wages
PORTLAND GENERAL: March 11, 2022 Settlement Fairness Hearing Set
POWER SOLUTIONS: Treadwell Class Action Remains Stayed
PROSPECT HOME: Faces Garcia-Cortez Suit Over Telephonic Sales Calls
PROUD MOMENTS: Malkin Seeks Unpaid Wages, Missing Wage Statements
RECEIVABLES MANAGEMENT: Moore Files FDCPA Suit in N.D. Illinois
RIVER WALK: Faces Miguel Suit Over Failure to Pay Overtime Wages
RIVIERA BRONZE: Faces Zamora Wage-and-Hour Suit in California
ROCKVILLE CENTER ASSESSOR: Nola-Castagna Files Suit in NY Sup. Ct.
SECURITY CREDIT: Oliveros Files FDCPA Suit in N.D. Illinois
SODEXO INC: Arias Wage-and-Hour Suit Goes to C.D. California
SOUNDHOUND INC: Carpenter BIPA Suit Removed to N.D. Illinois
SPCP GROUP: Liable to KPC ESOP Losses, Gamino Suit Alleges
STREETSTRIDER INT'L: Gonzalez Sues Over Unsolicited Sales Calls
STRIDE INC: Bid to Dismiss K12 Inc Securities Litigation Pending
T-MOBILE USA: Akins Files Suit in W.D. Washington
TEXAS: Bennett Sues Over Collecting Dues From Attorney Members
UNITED PARCEL: Ulricksen Labor Suit Removed to N.D. California
VENTURA MEDSTAFF: Faces Lambert Employment Suit in Calif. State Ct.
VERICRED SOLUTIONS: Demps Files FDCPA Suit in N.D. New York
WALMART INC: Baker Files Suit in E.D. Arkansas
WILHELMINA INT'L: Mediation in Shanklin and Pressley Suits Ongoing
*********
3M COMPANY: Goldstein Sues Over Toxic Exposure From AFFF Products
-----------------------------------------------------------------
LARRY GOLDSTEIN, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AGC, INC.,
f/k/a Asahi Glass Co., Ltd.; AMEREX CORPORATION; ARCHROMA
MANAGEMENT, LLC; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF
CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHUBB FIRE, LTD; CLARIANT CORPORATION, individually and as
successor-in-interest to Sandoz Chemical Corporation; CORTEVA,
INC., individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS
INC. f/k/a Dowdupont Inc., individually and as
successor-in-interest to DuPont Chemical Solutions Enterprise;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; KIDDE-FENWAL, INC., individually and as
successor-in-interest to Kidde Fire Fighting, Inc.; KIDDE PLC,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE
CHEMOURS COMPANY, individually and as successor-in-interest to
DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; TYCO FIRE PRODUCTS LP, individually and as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; and UTC FIRE & SECURITY AMERICAS CORPORATION, f/k/a GE
Interlogix, Inc., Defendants, Case No. 2:21-cv-02779-RMG (D.S.C.,
August 27, 2021) is a class action against the Defendants for
negligence, inadequate warning, design defect, strict liability,
fraudulent concealment, breach of express and implied warranties,
wantonness, actual fraudulent transfer, and constructive fraudulent
transfer.
The case arises from personal injury sustained by the Plaintiff as
a result of his exposure to the Defendants' aqueous film forming
foam (AFFF) products containing synthetic, toxic per- and
polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and firefighter
trainees, including the Plaintiff, who they knew would foreseeably
come into contact with their AFFF products that use of and/or
exposure to the products would pose a danger to human health. Due
to inadequate warning, the Plaintiff was exposed to toxic chemicals
and was diagnosed with prostate cancer and skin cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
ACG, Inc., f/k/a Asahi Glass Co., Ltd., is a Japanese global glass
manufacturing company, headquartered in Tokyo, Japan.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma Management, LLC is a global color and specialty chemicals
company, headquartered in Reinach, Switzerland.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Esq.
James L. Ferraro, Jr., Esq.
Dick M. Ortega, Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: jlf@ferrarolaw.com
jjr@ferrarolaw.com
dmo@ferrarolaw.com
3M COMPANY: Weber Suit Alleges Complications From AFFF Products
---------------------------------------------------------------
THOMAS WEBER, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY f/k/a Minnesota Mining and
Manufacturing Company; ACG CHEMICALS AMERICAS INC.; AGC, INC.,
f/k/a Asahi Glass Co., Ltd.; AMEREX CORPORATION; ARCHROMA
MANAGEMENT, LLC; ARCHROMA U.S. INC.; ARKEMA, INC.; BASF
CORPORATION; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHUBB FIRE, LTD; CLARIANT CORPORATION, individually and as
successor-in-interest to Sandoz Chemical Corporation; CORTEVA,
INC., individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS
INC. f/k/a Dowdupont Inc., individually and as
successor-in-interest to DuPont Chemical Solutions Enterprise;
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; KIDDE-FENWAL, INC., individually and as
successor-in-interest to Kidde Fire Fighting, Inc.; KIDDE PLC,
INC.; NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE
CHEMOURS COMPANY, individually and as successor-in-interest to
DuPont Chemical Solutions Enterprise; THE CHEMOURS COMPANY FC, LLC,
individually and as successor-in-interest to DuPont Chemical
Solutions Enterprise; TYCO FIRE PRODUCTS LP, individually and as
successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; and UTC FIRE & SECURITY AMERICAS CORPORATION, f/k/a GE
Interlogix, Inc., Defendants, Case No. 2:21-cv-02778-RMG (D.S.C.,
August 27, 2021) is a class action against the Defendants for
negligence, inadequate warning, design defect, strict liability,
fraudulent concealment, breach of express and implied warranties,
wantonness, actual fraudulent transfer, and constructive fraudulent
transfer.
According to the complaint, the Defendants have failed to use
reasonable and appropriate care in the design, manufacture,
labeling, warning, instruction, training, selling, marketing, and
distribution of aqueous film forming foam (AFFF) products
containing synthetic, toxic per- and polyfluoroalkyl substances
collectively known as PFAS. The Defendants' AFFF products are
dangerous to human health because PFAS are highly toxic and
carcinogenic chemicals and can accumulate in the blood and body of
exposed individuals. The Defendants have also failed to warn public
entities and military members, including the Plaintiff, who they
knew would foreseeably come into contact with their AFFF products.
The Plaintiff used the Defendants' PFAS-containing AFFF products in
their intended manner, without significant change in the products'
condition due to inadequate warning about the products' danger. The
Plaintiff relied on the Defendants' instructions as to the proper
handling of the products, the suit says.
As a result of the Defendants' alleged omissions and misconduct,
the Plaintiff was diagnosed with kidney cancer.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
ACG, Inc., f/k/a Asahi Glass Co., Ltd., is a Japanese global glass
manufacturing company, headquartered in Tokyo, Japan.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma Management, LLC is a global color and specialty chemicals
company, headquartered in Reinach, Switzerland.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
BASF Corporation is a chemicals company based in New Jersey.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
James L. Ferraro, Esq.
James L. Ferraro, Jr., Esq.
Dick M. Ortega, Esq.
THE FERRARO LAW FIRM
600 Brickell Avenue, 38th Floor
Miami, FL 33131
Telephone: (305) 375-0111
E-mail: jlf@ferrarolaw.com
jjr@ferrarolaw.com
dmo@ferrarolaw.com
3M COMPANY: Zimmerman Seeks to Certify Class and Subclasses
-----------------------------------------------------------
In the class action lawsuit captioned as BEVERLY ZIMMERMAN, et al.,
on behalf of themselves and all others similarly, v. THE 3M COMPANY
f/k/a Minnesota Mining and Manufacturing Co., and WOLVERINE WORLD
WIDE, INC., Case No. 1:17-cv-01062-HYJ-SJB (W.D. Mich.), the
Plaintiffs ask the Court to enter an order:
1. certifying the Classes and Subclasses:
The Property Damage Class:
"All current or former owners of real property located
within the boundaries of the North Kent Study Area
("Contamination Area"), who owned that property as of
November 2017 and who were not supplied with drinking
water from a municipal water source as of November 2017;"
Property Damages Subclass 1 -- Municipally-Sourced Water
Homes:
"All members of the class who transitioned to municipal
water, or are scheduled to transition to municipal water,
as a result of the PFAS contamination;"
Property Damages Subclass 2. Homes Not on Municipal Water
That Must Treat Water Through Filtration:
"All class members whose well-sourced water is treated
through a filtration system implemented by Defendant
Wolverine or its agents. This subclass excludes members of
subclass 1;"
Property Damages Subclass 3. Other Homes:
"All class members who are not in subclass 1 or subclass
2;"
2. certifying an injunctive relief and damages class pursuant
to Fed. R. Civ. P. 23(b)(2), defined as follows:
PFAS Injury Class:
"Current or former residents who lived within the
boundaries of the North Kent Study Area ("Contamination
Area") for at least six months and who have ingested water
sourced from residential wells and can show documented
levels of PFAS in their blood serum above the 2018
background serum above the 2018 background serum
concentrations of 1.42 ppb for PFOA, 4.25 ppb for PFOS,
and 1.08 ppb for PFHxs;"
3. appointing Therese Cooper, Michelle and Terry VanWuffen,
Malia and Dennis Gregory, Rosalyn Ingham, Paul Groenendal,
Nancy and Theodore James, and Michael and Megan Johns as
Class Representatives and Subclass Representatives; and
4. appoint their counsel -- Sharon Almonrode and Esther
Berezofsky -- as Class Counsel.
A copy of the Plaintiffs' motion to certify class dated Aug. 30,
2021 is available from PacerMonitor.com at https://bit.ly/2WJ42o3
at no extra charge.[CC]
The Co-Lead Interim Counsel are:
Sharon S. Almonrode, Esq.
Kevin F. O’Shea, Esq.
Emily E. Hughes, Esq.
Dennis A. Lienhardt, Esq.
William Kalas, Esq.
THE MILLER LAW FIRM, P.C.
950 West University Drive, Suite 300
Rochester, MI 48307
Telephone: (248) 841-2200
E-mail: ssa@millerlawpc.com
kfo@millerlawpc.com
eeh@millerlawpc.com
dal@millerlawpc.com
wk@millerlawpc.com
- and -
Esther Berezofsky, Esq.
Sarah Hansel, Esq.
MOTLEY RICE, LLC
210 Lake Drive East, Ste. 101
Cherry Hill, NJ 08002
Telephone: (856) 667-0500
E-mail: eberezofsky@motleyrice.com
shansel@motleyrice.com
Anne McGinness Kearse
- and -
T. David Hoyle, Esq.
Fidelma L. Fitzpatrick, Esq.
MOTLEY RICE, LLC
28 Bridgeside Blvd.
Mt. Pleasant, SC 29464
Telephone: (843) 216-9140
The Interim Plaintiffs' Steering Committee are:
Mark J. Dearman, Esq.
Dorothy P. Antullis, Esq
ROBBINS GELLER RUDMAN & DOWD LLP
120 East Palmetto Park Road, Suite 500
Boca Raton, FL 33432
Telephone: (561) 750-3000
E-mail: mdearman@rgrdlaw.com
dantullis@rgrdlaw.com
- and -
Paul F. Novak, Esq.
Diana Gjonaj, Esq.
WEITZ & LUXENBERG, P.C.
719 Griswold, Suite 620
Detroit, MI 48226
Telephone: 313/800-4170
E-mail: pnovak@weitzlux.com
dgjonaj@weitzlux.com
- and -
Robin L. Greenwald, Esq.
WEITZ & LUXENBERG, P.C.
700 Broadway
New York, NY 10003
Telephone: (212) 558-5642
E-mail: rgreenwald@weitzlux.com
- and -
Edward A. Wallace, Esq.
Bryan D. Pasciak, Esq.
Kara A. Elgersmav
WEXLER WALLACE, LLP
55 W. Monroe St., Ste. 3300
Chicago, IL 60603
Telephone: (312) 346-2222
- and -
Robert Palmer, Esq.
Megan A. Bonanni, Esq.
PITT, MCGEHEE, PALMER & RIVERS, PC
117 West 4th Street, Ste. 200
Royal Oak, MI 48067
Telephone: (248) 398-9800
- and -
Jason J. Thompson, Esq.
SOMMERS SCHWARTZ, P.C.
One Towne Square, 17th Floor
Southfield, MI 48076
Telephone: (248) 355-0300
E-mail: jthompson@sommerspc.com
- and -
Alistair J. M. Findeis, Esq.
NAPOLI, SHKOLNIK, LLC
360 Lexington Ave., 10th Fl.
New York, NY 10019
Telephone: (212) 397-1000
E-mail: afindeis@NapoliLaw.com
ACCELLION INC: Faridian Suit Removed to N.D. California
-------------------------------------------------------
The case captioned Jonathan Faridian and Cameron Woods,
individually, and on behalf of a class of similarly situated
persons v. ACCELLION, INC., and DOES 1-50, inclusive, Case No.
21-CV384150 was removed from the Superior Court of California for
the County of Santa Clara to the United States District Court for
the Northern District of California on August 20, 2021, and
assigned Case No. 5:21-cv-06462-NC.
The Plaintiffs' claims arise out of criminal hacking attacks
occurring in December 2020 and January 2021 on customers that used
Accellion's file transfer appliance ("FTA") software. The
Plaintiffs allege that the University of California Davis used
Accellion's FTA software and was among the Accellion customers
targeted in the Attacks. The Plaintiffs allege they "were employees
of," and "entrusted" their personally identifiable information
("PII") to, UC Davis, that their "PII was accessed and compromised
as a result of" the Attacks, and that they have been injured by the
alleged unauthorized disclosure of such information. The Complaint
asserts claims against Accellion for (i) negligence; (ii) violation
of California's Unfair Competition Law ("UCL"), Cal. Bus. & Prof.
Code Section 17200; (iii) violation of the California Consumer
Privacy Act ("CCPA"), Cal. Civ. Code Section 1798.150, et seq.; and
(iv) third party beneficiary breach of contract.[BN]
The Defendants are represented by:
Michael H. Rubin, Esq.
Melanie M. Blunschi, Esq.
LATHAM & WATKINS LLP
505 Montgomery Street, Suite 2000
San Francisco, CA 94111-6538
Phone: +1.415.391.0600
Facsimile: +1.415.395.8095
Email: michael.rubin@lw.com
melanie.blunschi@lw.com
ALABAMA PLUMBING: Underpays Helpers & Plumbers, May Alleges
-----------------------------------------------------------
The case, JAMES MAY, individually and on behalf of similarly
situated employees, Plaintiff v. ALABAMA PLUMBING CONTRACTOR LLC
and BRENT VACARELLA, Defendants, Case No. 2:21-cv-01176-SGC (N.D.
Ala., August 26, 2021) arises from the Defendants' alleged
violations of the Fair Labor Standards Act.
The Plaintiff was employed by the Defendants as a helper and
plumber from approximately 2015 through June 2021.
The Plaintiff alleges that the Defendants failed and/or refused to
compensate him and other similarly situated for the time they spent
performing work for the Defendants, such as reporting to the shop
as required by the Defendants to receive his work assignments, get
parts from the shop in the morning, hook up trailers to APC work
trucks, load heavy equipment, to fill up the company work trucks
with gas, pick up parts from the plumbing store and/or drive from
the shop to the plumbing supplier and/or jobsites in the morning
and from the jobsites at the end of the day back to the shop. As a
result, they were not paid minimum wage and/or overtime for their
travel time, the suit says.
Alabama Plumbing Contractor LLC is a company which does commercial
plumbing as a subcontractor and/or plumbing contractor for general
contractors and/or companies in the state of Alabama. Defendant
Brent Vacarella is one of the owners of APC exercise control over
May and other employees. [BN]
The Plaintiff is represented by:
Scott Harwell, Esq.
HARWELL LAW FIRM LLC
109 Foothills Parkway #112
Chelsea, AL 35043
Tel: (205) 999-1099
E-mail: Scott@HarwellLaw.com
AMAZON.COM SERVICES: Del Rio Labor Suit Goes to D. Connecticut
--------------------------------------------------------------
The case styled JAVIER DEL RIO, COLIN MEUNIER, and AARON DELAROCHE,
on behalf of themselves and all others similarly situated v.
AMAZON.COM SERVICES, INC., AMAZON.COM.DEDC, LLC, and AMAZON.COM,
INC., Case No. HHD-CV-21-6145316-S, was removed from the State of
Connecticut, Superior Court at Hartford, to the U.S. District Court
for the District of Connecticut on August 27, 2021.
The Clerk of Court for the District of Connecticut assigned Case
No. 3:21-cv-01152 to the proceeding.
The case arises from the Defendant's alleged violations of the
Connecticut law by failing to pay the Plaintiffs for the time they
spent waiting for and going through the Defendants' mandatory
security screening during their unpaid meal periods or at the end
of their shift.
Amazon.com Services, Inc. is a provider of electronic commerce
services based in Seattle, Washington.
Amazon.com.DEDC, LLC is a company that retails auto parts based in
New Castle, Delaware.
Amazon.com, Inc. is an electronic commerce company based in
Seattle, Washington. [BN]
The Defendants are represented by:
Craig T. Dickinson, Esq.
LITTLER MENDELSON P.C.
One Century Tower
265 Church Street, Suite 300
New Haven, CT 06510
Telephone: (203) 974-8700
Facsimile: (203) 974-8799
E-mail: cdickinson@littler.com
ARMAND STANSBURY: Alonzo ADA Suit in Central District of California
-------------------------------------------------------------------
A class action lawsuit has been filed against Armand Stansbury, et
al. The case is captioned as Thuy Thanh Alonzo v. Armand Stansbury,
et al., Case No. 2:21-cv-06675-SB-MRW (C.D. Cal., Aug. 18, 2021).
The suit alleges violation of the Americans with Disabilities Act.
The case is assigned to the Hon. Judge Stanley Blumenfeld, Jr.
Armand Stansbury is doing business in furniture making industry.
The Defendants include Armand Stansbury, doing business as:
Stansbury Collection and Does 1 to 10, inclusive.[BN]
The Plaintiff is represented by:
Thiago Merlini Coelho, Esq.
Binyamin I. Manoucheri, Esq.
Jasmine Behroozan, Esq.
WILSHIRE LAW FIRM
3055 Wilshire Boulevard 12th Floor
Los Angeles, CA 90010
Telephone: (213) 381-9988
Facsimile: (213) 381-9989
E-mail: thiago@wilshirelawfirm.com
binyamin@wilshirelawfirm.com
jasmine@wilshirelawfirm.com
BANK OZK: Temporary Stay on Deadline to Oppose Class Cert Sought
----------------------------------------------------------------
In the class action lawsuit captioned as STRATHCLYDE PENSION FUND,
v. BANK OZK and GEORGE GLEASON, Case No. 4:18-cv-00793-DPM (E.D.
Ark.), the Parties asks the Court to enter an order granting a
temporary stay of the Defendants' deadline to respond in opposition
to Lead Plaintiff's motion for class certification.
The parties say that because they have not yet been able to
reschedule Lead Plaintiff's deposition and might be unable to do so
before September 3, the Parties jointly request at this time that
the Court enter a temporary stay of Defendants' deadline to respond
in opposition to Lead Plaintiff's motion for certification. When
the parties are able to reschedule Lead Plaintiff's deposition,
they will meet and confer and propose an amended deadline to the
Court within one week.
To date, Lead Plaintiff's counsel has informed Defendants' counsel
that the personal emergency has not been resolved, and the parties
have been unable to reschedule Lead Plaintiff's deposition.
On May 4, 2021, the Court entered a Final Scheduling Order setting,
among other things, a deadline of September 3, 2021 for
Defendants’ response in opposition to Lead Plaintiff's motion for
class certification.
On July 30, 2021, Lead Plaintiff moved the Court to certify class
action, appoint it as class representative, and appoint its
counsel, Robbins Geller Rudman & Dowd LLP as class counsel.
Bank OZK is a regional bank headquartered in Little Rock, Arkansas
with more than 250 locations in ten states: Arkansas, Georgia,
Florida, Texas, North Carolina, South Carolina, California, New
York and Mississippi.
A copy of the Parties' motion dated Aug. 30, 2021 is available from
PacerMonitor.com at https://bit.ly/2WSPulu at no extra charge.[CC]
Lead Counsel for Lead Plaintiff Strathclyde Pension Fund, are:
Mark Solomon, Esq.
Ashley M. Price, Esq.
Andrew W. Hutton, Esq.
Caroline M. Robert, Esq.
Heather G. Schlesier, Esq.
ROBBINS GELLER RUDMAN
& DOWD LLP
JONAH H. GOLDSTEIN
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 619/231-1058
Facsimile: 619/231-7423
E-mail: marks@rgrdlaw.com
jonahg@rgrdlaw.com
aprice@rgrdlaw.com
dhutton@rgrdlaw.com
crobert@rgrdlaw.com
hschlesier@rgrdlaw.com
- and -
Allen Carney, Esq.
CARNEY BATES & PULLIAM, PLLC
519 West 7th Street
Little Rock, AR 72201
Telephone: 501-312-8500
Facsimile: 501/312-8505
E-mail: acarney@cbplaw.com
The Defendants are represented by:
Jess Askew III, Esq.
Andrew King, Esq.
H. Davis, Ark., Esq.
KUTAK ROCK LLP
124 W. Capitol Ave., Suite 2000
Little Rock, AR 72201
Telephone: (501) 975-300
E-mail: jess.askew@kutakrock.com
andrew.king@kutakrock.com
frederick.davis@kutakrock.com
- and -
F. Joseph Warin, Esq.
Jason J. Mendro, Esq.
Lissa M. Percopo, Esq.
Joshua M. Wesneski, Esq.
GIBSON, DUNN & CRUTCHER LLP
1050 Connecticut Avenue, N.W.
Washington, DC 20036
E-mail: fwarin@gibsondunn.com
jmendro@gibsondunn.com
lpercopo@gibsondunn.com
jwesneski@gibsondunn.com
Telephone: (202) 955-8500
BAYER HEALTHCARE: Schneider Suit Transferred to N.D. Illinois
-------------------------------------------------------------
The case styled as Steven Schneider, individually and on Behalf of
All Others Similarly Situated v. Bayer Healthcare LLC, Elanco
Animal Health, Inc. Does 1 through 100, Inclusive, Case No.
2:21-cv-02771, was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
Northern District of Illinois on Sept. 1, 2021.
The District Court Clerk assigned Case No. 1:21-cv-04478 to the
proceeding.
The nature of suit is stated as Other Fraud.
Bayer Healthcare LLC -- https://www.bayer.com/en/ -- discovers and
manufactures healthcare and medical products.[BN]
The Plaintiff is represented by:
Jeffrey R. Krinsk, Esq.
FINKELSTEIN & KRINSK
550 West C Street, Suite 1760
San Diego, CA 92101
Phone: (619) 238-1333
Email: fk@classactionlaw.com
- and -
John J. Nelson, Esq.
FINKELSTEIN & KRINSK LLP
501 West Broadway Suite 1260
San Diego, CA 92101
Phone: (619) 238-1333
Status: (619) 238-5425
Email: jjn@classactionlaw.com
The Defendants are represented by:
Laura A Sexton, Esq.
Rami N Fakhouri, Esq.
Samuel E. Schoenburg, Esq.
Tarek Ismail, Esq.
GOLDMAN ISMAIL TOMASELLI BRENNAN & BAUM LLP
200 South Wacker Drive, 22nd Floor
Chicago, IL 60606
Phone: (312) 881-5950
Email: lsexton@goldmanismail.com
rfakhouri@goldmanismail.com
sschoenburg@goldmanismail.com
tismail@goldmanismail.com
- and -
Naoki S. Kaneko, Esq.
SHOOK HARDY AND BACON LLP
Jamboree Center
5 Park Plaza Suite 1600
Irvine, CA 92614
Phone: (949) 475-1500
Status: (949) 475-0017
Email: nkaneko@shb.com
BENTLEY PROPERTIES: Deardorff Sues Over Unsolicited Voice Messages
------------------------------------------------------------------
KALEE DEARDORFF, individually and on behalf of all others similarly
situated, Plaintiff v. BENTLEY PROPERTIES, LTD., Defendant, Case
No. 3:21-cv-05620 (W.D. Wash., August 26, 2021) is a class action
complaint brought against the Defendant for its alleged violations
of the Telephone Consumer Protection Act.
According to the complaint, the Defendant has transmitted a
prerecorded voice message to the Plaintiff's cellular telephone
number ending in 9199 on August 5, 2021 in an attempt to promote
its business. At no point in time did the Plaintiff provide the
Defendant with her express written consent to be contacted for
marketing purposes by prerecorded messages.
Allegedly, the Defendant's unsolicited prerecorded messages have
caused the Plaintiff and other similarly situated individuals
additional harm, including invasion of privacy, aggravation,
annoyance, intrusion on seclusion, trespass, and conversion, as
well as inconvenience and disruption to their daily life. Thus, on
behalf of herself and all other similarly situated individuals, the
Plaintiff brings this complaint seeking for actual and statutory
damages from the Defendant, an injunction requiring the Defendant
to cease all unsolicited call activity without obtaining consent
first and otherwise protect the interests of the Class, and other
relief as the Court deems necessary.
Bentley Properties, Ltd. is in the Real Estate Brokers and Agents
business. [BN]
The Plaintiff is represented by:
Kira M. Rubel, Esq.
THE HARBOR LAW GROUP
3615 Harborview Drive, Suite C
Gig Harbor, WA 98332-2129
Tel: (253) 358-2215
E-mail: kira@theharborlawgroup.com
- and –
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Blvd., Suite 1400
Ft. Lauderdale, FL 33301
Tel: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
BH COSMETICS: Tenzer-Fuchs Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against BH Cosmetics, LLC.
The case is styled as Michelle Tenzer-Fuchs, on behalf of herself
and all others similarly situated v. BH Cosmetics, LLC, Case No.
2:21-cv-04936 (E.D.N.Y., Sept. 1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
BH Cosmetics, Inc. -- https://www.bhcosmetics.com/ -- retail
cosmetics and beauty products.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
BLUE CROSS: Brent S. Suit Transferred to D. Massachusetts
---------------------------------------------------------
The case styled as Brent S., Angie S., J.B., R.B., A.F., C.S.,
H.S., individually and as representatives of the class of similarly
situated individuals v. Blue Cross and Blue Shield of
Massachusetts, Blue Cross and Blue Shield of Massachusetts HMO
Blue, Case No. 2:21-mc-00502, was transferred from the U.S.
District Court for the District of Utah to the U.S. District Court
for the District of Massachusetts on Sept. 1, 2021.
The District Court Clerk assigned Case No. 1:21-mc-91545-ADB to the
proceeding.
The nature of suit is stated as Other Statutory Actions.
Blue Cross Blue Shield of Massachusetts --
https://www.bluecrossma.org/ -- is a state-licensed nonprofit
private health insurance company under the Blue Cross Blue Shield
Association with headquarters in Boston.[BN]
The Plaintiffs are represented by:
Brian S. King, Esq.
336 S. 300 E Ste 200
Salt Lake City, UT 84111
Phone: (801) 532-1739
Fax: (801) 532-1936
Email: brian@briansking.com
- and -
Ex Kano S. Sams, II, Esq.
GLANCY PRONGAY & MURRAY LLP
1925 Century Park East, Suite 2100
Los Angeles, CA 90067
Phone: (310) 201-9150
Email: esams@glancylaw.com
- and -
Jonathan M. Feigenbaum, Esq.
184 High Street, Suite 503
Boston, MA 02110
Phone: (617) 357-9700
Fax: (617) 227-8992
Email: jonathan@erisaattorneys.com
- and -
Mala M. Rafik, Esq.
ROSENFELD & RAFIK, P.C.
184 High Street, Suite 503
Boston, MA 02110
Phone: (617) 723-7470
Fax: (617) 227-2843
Email: mmr@rosenfeld.com
- and -
Sean K. Collins, Esq.
184 High Street, Suite 503
Boston, MA 02110
Phone: (617) 320-8485
Email: sean@neinsurancelaw.com
The Defendants are represented by:
Scott A. Hagen, Esq.
Katherine E. Priest, Esq.
RAY QUINNEY & NEBEKER
36 S STATE ST STE 1400
PO BOX 45385
SALT LAKE CITY, UT 84145-0385
Phone: (801) 532-1500
Email: shagen@rqn.com
kpriest@rqn.com
- and -
Charles L. Solomont, Esq.
MORGAN, LEWIS & BOCKIUS LLP
1 Federal Street
Boston, MA 02110
Phone: (617) 951-8996
Fax: (617) 951-8736
Email: carl.solomont@morganlewis.com
- and -
Jordan McCrary, Esq.
Lisa R. Weddle, Esq.
MORGAN, LEWIS & BOCKIUS LLP
300 South Grand Avenue
Los Angeles, CA
Phone: (213) 680-6768
Email: jordan.mccrary@morganlewis.com
lisa.weddle@morganlewis.com
- and -
Molly Moriarty Lane, Esq.
MORGAN, LEWIS & BOCKIUS LLP
One Market, Spear Street Tower
San Francisco, CA 94105
Phone: (415) 442-1000
Fax: (415) 442-1001
Email: mlane@morganlewis.com
BLUETRITON BRANDS: Angeles Sues Over Mineral Water's Lemon Label
----------------------------------------------------------------
MARITZA ANGELES, individually and on behalf of all others similarly
situated, Plaintiff v. BLUETRITON BRANDS, INC., Defendant, Case No.
1:21-cv-07255 (S.D.N.Y., August 29, 2021) is a class action against
the Defendants for negligent misrepresentation, fraud, unjust
enrichment, breaches of express warranty, implied warranty of
merchantability and the Magnuson Moss Warranty Act, and violations
of the New York General Business Law and state consumer fraud
acts.
According to the complaint, the Defendant is engaged in false,
deceptive, and misleading advertising, labeling, and marketing of
its sparkling mineral water identified as S. Pellegrino Essenza -
Lemon & Lemon Zest under the San Pellegrino brand. The packaging
and labeling of the Defendant's product are misleading because they
give consumers the impression it contains a greater amount of lemon
ingredients than it does. In reality, despite the yellow-tinged
bottle and the promises of "Lemon & Lemon Zest," the product lacks
an appreciable amount of lemon ingredients, as revealed by the
ingredient list, which lists "Carbonated Mineral Water, Natural
Flavors Natural Flavors." Had the Plaintiff and proposed Class
members known the truth, they would not have bought the product or
would have paid less for it, the suit says.
BlueTriton Brands, Inc. is a beverage company, with a principal
place of business in Stamford, Fairfield County, Connecticut. [BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd. Ste. 409
Great Neck, NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
BURRTEC WASTE: Hernandez FCRA Suit Removed to C.D. California
-------------------------------------------------------------
The case styled as Francisco Hernandez, individually and on behalf
of himself and all others similarly situated v. Burrtec Waste &
Recycling Services, LLC, a California limited liability company;
DOES 1-50, inclusive; Case No. CVRI2103348, was removed from the
Riverside Superior Court to the U.S. District Court for the Central
District of California on Sept. 1, 2021.
The District Court Clerk assigned Case No. 5:21-cv-01490 to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Burrtec Waste & Recycling Services -- https://www.burrtec.com/ --
is a construction company based out of the United States.[BN]
The Plaintiff appears pro se.
BUY AND SELL: Tenzer-Fuchs Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Buy and Sell Fitness,
LLC. The case is styled as Michelle Tenzer-Fuchs, on behalf of
herself and all others similarly situated v. Buy and Sell Fitness,
LLC, Case No. 2:21-cv-04938 (E.D.N.Y., Sept. 1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Buy & Sell Fitness -- https://www.buyandsellfitness.com/ -- sells
new & used gym equipment worldwide.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
CALIFORNIA DEPARTMENT: Faces Mainstream Suit in Calif. State Court
------------------------------------------------------------------
A class action lawsuit has been filed against California Department
of Developmental Services. The case is captioned as Mainstream
Centers, Inc. v. California Department of Developmental Services,
an administrative agency of the State of California, Case No.
34-2021-00306466-CU-MC-GDS (Cal. Super., Sacramento Cty., Aug. 18,
2021).
The California Department of Developmental Services provides
services and supports to individuals with developmental
disabilities.
The Defendants include Does 1-25 and Nancy Bargmann, as Director of
the California Department of Develemental Services.[BN]
Plaintiffs Adult Basic Learning Environment, a California
Corporation; Advocacy For Respect And Choice - Longbeach, Inc.;
Express Transit, INC.; Ideal Transit, Inc.; Mainstream Centers,
Inc.; Program Management Network, LLC; Roundtrip Transportation,
Inc.; and The Arc of Ventura County, Inc., are represented by:
Chad Carlock, Esq.
LAW OFFICES OF CHAD CARLOCK
260 Russell Blvd., Ste D.
Davis CA 95616-3839
Telephone: (530) 750-3000
Facsimile: (530) 750-3533
E-mail: chad@carlocklaw.com
CAROLINA LIQUID: Faces Bruce Katz TCPA Suit Over Unwanted Fax Ads
-----------------------------------------------------------------
BRUCE KATZ, M.D., P.C individually and on behalf of all others
similarly situated, v. CAROLINA LIQUID CHEMISTRIES CORPORATION,
Case No. 1:21-cv-06969-AJN (S.D.N.Y., Aug. 18, 2021) is a putative
class action under the Telephone Consumer Protection Act, arising
from Carolina Liquid's fax advertisements without recipients'
consent.
Allegedly, Carolina Liquid sent facsimiles offering promotions, in
the instance of the Plaintiff's contact a $500 gift card, to obtain
contact information for fax recipients' lab managers. Carolina
Liquid would then use that contact information to market its
laboratory products. In other words, the faxes are a pretext for
Carolina Liquid's efforts to market its laboratory products to fax
recipients' lab managers, says the suit.
Through this action, the Plaintiff, a medical practice that
received Defendant's pretextual fax advertisement, seeks injunctive
relief to halt Defendant's alleged illegal conduct which has
resulted in Plaintiff's and the Class's loss of time, invasion of
privacy, loss of use of their fax machines, and other costs
associated with receiving faxes. Plaintiff also seeks statutory
damages of between $500 and $1,500 per violation on behalf of
itself and members of the Class, and any other available legal or
equitable remedies.
Carolina Liquid delivers quality products and exceptional service
for reference and clinical laboratories throughout the United
States.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN P.A.
400 NW 26th Street
Miami, FL 33127
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
CASSAVA SCIENCES: Brazeau Sues Over 32% Drop of Stock Price
-----------------------------------------------------------
PIERRE BRAZEAU, individually and on behalf of all others similarly
situated, Plaintiff v. CASSAVA SCIENCES, INC., REMI BARBIER, ERIC
J. SCHOEN, JAMES W. KUPIEC, NADAV FRIEDMANN, and MICHAEL MARSMAN,
Defendants, Case No. 1:21-cv-00751 (W.D. Tex., August 27, 2021) is
a class action against the Defendants for violations of Sections
10(b) and 20(a) of the Securities Exchange Act of 1934.
According to the complaint, the Defendants released materially
false and misleading statements with the U.S. Securities and
Exchange Commission regarding Cassava's business metrics and
financial prospects in order to artificially inflate the prices of
Cassava's common stock between February 2, 2021 and August 24,
2021. The Defendants failed to disclose the following adverse facts
to investors concerning the company's lead therapeutic product
candidate called simufilam: (a) that the quality and integrity of
the scientific data supporting Cassava's claims for simufilam's
efficacy had been overstated; (b) that the scientific data
supporting Cassava's claims for simufilam's efficacy were biased;
and (c) that as a result of the foregoing, the Defendants' positive
statements during the Class Period about the company's business
metrics and financial prospects and the likelihood of Food and Drug
Administration (FDA) approval were false and misleading and/or
lacked a reasonable basis.
When the truth emerged on August 24, 2021, the market price of
Cassava common stock allegedly declined approximately $37 per
share, or 32 percent, on unusually high trading volume.
Cassava Sciences, Inc. is a clinical stage biotechnology company
based in Austin, Texas. [BN]
The Plaintiff is represented by:
Joe Kendall, Esq.
KENDALL LAW GROUP, PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Telephone: (214) 744-3000
Facsimile: (214) 744-3015
E-mail: jkendall@kendalllawgroup.com
- and –
Samuel H. Rudman, Esq.
Mary K. Blasy, Esq.
ROBBINS GELLER RUDMAN & DOWD LLP
58 South Service Road, Suite 200
Melville, NY 11747
Telephone: (631) 367-7100
Facsimile: (631) 367-1173
E-mail: srudman@rgrdlaw.com
mblasy@rgrdlaw.com
- and –
Michael Fistel, Esq.
JOHNSON FISTEL
40 Powder Springs Street
Marietta, GA 30064
Telephone: (470) 632-6000
Facsimile: (770) 200-3101
E-mail: michaelf@johnsonfistel.com
CHEROKEE COUNTY: Response Extension on Bid to Reconsider Sought
---------------------------------------------------------------
In the class action lawsuit captioned as Shannon Burgess,
individually and on behalf of all others similarly situated, v.
Cherokee County School District; and Principal Gavin Fisher,
individually and in his official capacity, Case No.
7:19-cv-02704-JD (D.S.C.), the Parties ask the Court to enter an
order extending the time for the Defendants to respond to
Plaintiff's Motion to Reconsider until September 6, 2021.
The Cherokee County School District manages the 40 schools in
Cherokee County, Georgia, United States.
A copy of the Parties motion dated Aug. 30, 2021 is available from
PacerMonitor.com at https://bit.ly/2WLFdY3 at no extra charge.[CC]
The Plaintiff is represented by:
John G. Reckenbeil, Esq.
LAW OFFICE OF JOHN G. RECKENBEIL, LLC
Post Office Box 314
Mauldin, South Carolina 29662
Telephone: (864) 248-0436
Facsimile: (864) 326-5940
E-mail: john@johnreckenbeillaw.com
The Defendants are represented by:
Maire E. Flynn, Esq.
Andrea E. White, Esq.
WHITE & STORY, LLC
P.O. Box 7036
Columbia, SC 29202
Telephone: (803) 814-0993
Facsimile: (803) 814-1183
E-mail: awhite@sodacitylaw.com
mflynn@sodacitylaw.com
CHINELUS CORP: Aguilera Sues Over Unpaid Wages for Restaurant Staff
-------------------------------------------------------------------
MARIA DEL CARMEN AGUILERA MORA, individually and on behalf of all
others similarly situated, Plaintiff v. CHINELUS CORP. (D/B/A
CHINELOS II) and ALMA FELICIES, Defendants, Case No. 1:21-cv-07243
(S.D.N.Y., August 27, 2021) is a class action against the
Defendants for violations of the Fair Labor Standards Act and the
New York Labor Law including unpaid minimum wages, unpaid overtime
wages, noncompliant wage notice, and noncompliant wage statements.
Ms. Aguilera was employed as a cook and waitress at Chinelos II,
located at 530 W. 136th St., New York, New York from approximately
2012 until on or about March 16, 2020.
Chinelus Corp. is an owner and operator of a Mexican Restaurant
under the name Chinelos II, located at 530 W. 136th St., New York,
New York. [BN]
The Plaintiff is represented by:
Michael Faillace, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
CLECO CORPORATE: Class Action Over 2016 Merger Ongoing
------------------------------------------------------
Cleco Corporate Holdings LLC said in its Form 10-Q Report filed
with the Securities and Exchange Commission on August 11, 2021, for
the quarterly period ended June 30, 2021, that the lawsuit related
to Cleco Corporate Holdings LLC's merger agreement in 2016 remains
pending.
In connection with the 2016 Merger, four actions were filed in the
Ninth Judicial District Court for Rapides Parish, Louisiana and
three actions were filed in the Civil District Court for Orleans
Parish, Louisiana.
The petitions in each action generally alleged, among other things,
that the members of Cleco Corporation's Board of Directors breached
their fiduciary duties by, among other things, conducting an
allegedly inadequate sale process, agreeing to the 2016 Merger at a
price that allegedly undervalued Cleco, and failing to disclose
material information about the 2016 Merger.
The petitions also alleged that Como 1, Cleco Corporation, Merger
Sub, and, in some cases, certain of the investors in Como 1 either
aided and abetted or entered into a civil conspiracy to advance
those supposed breaches of duty.
The petitions sought various remedies, including monetary damages,
which includes attorneys' fees and expenses.
The four actions filed in the Ninth Judicial District Court for
Rapides Parish are captioned as follows:
- Braunstein v. Cleco Corporation, No. 251,383B (filed October 27,
2014),
- Moore v. Macquarie Infrastructure and Real Assets, No. 251,417C
(filed October 30, 2014),
- Trahan v. Williamson, No. 251,456C (filed November 5, 2014), and
- L'Herisson v. Macquarie Infrastructure and Real Assets, No.
251,515F (filed November 14, 2014).
In November 2014, the plaintiff in the Braunstein action moved for
a dismissal of the action without prejudice, and that motion was
granted in November 2014.
In December 2014, the Court consolidated the remaining three
actions and appointed interim co-lead counsel, and dismissed the
investors in Cleco Partners as defendants, per agreement of the
parties.
Also, in December 2014, the plaintiffs in the consolidated action
filed a Consolidated Amended Verified Derivative and Class Action
Petition for Damages and Preliminary and Permanent Injunction.
The three actions filed in the Civil District Court for Orleans
Parish were captioned as follows:
-Butler v. Cleco Corporation, No. 2014-10776 (filed November 7,
2014),
-Creative Life Services, Inc. v. Cleco Corporation, No. 2014-11098
(filed November 19, 2014), and
- Cashen v. Cleco Corporation, No. 2014-11236 (filed November 21,
2014).
In December 2014, the directors and Cleco filed declinatory
exceptions in each action on the basis that each action was
improperly brought in Orleans Parish and should either be
transferred to the Ninth Judicial District Court for Rapides Parish
or dismissed.
Also, in December 2014, the plaintiffs in each action jointly filed
a motion to consolidate the three actions pending in Orleans Parish
and to appoint interim co-lead plaintiffs and co-lead counsel.
In January 2015, the Court in the Creative Life Services case
sustained the defendants' declinatory exceptions and dismissed the
case so that it could be transferred to the Ninth Judicial District
Court for Rapides Parish.
In February 2015, the plaintiffs in Butler and Cashen also
consented to the dismissal of their cases from Orleans Parish so
they could be transferred to the Ninth Judicial District Court for
Rapides Parish.
By operation of the December 2014 order of the Ninth Judicial
District Court for Rapides Parish, the Butler, Cashen, and Creative
Life Services actions were consolidated into the actions pending in
Rapides Parish.
In February 2015, the Ninth Judicial District Court for Rapides
Parish held a hearing on a motion for preliminary injunction filed
by plaintiffs in the consolidated action seeking to enjoin the
shareholder vote for approval of the Merger Agreement. The District
Court heard and denied the plaintiffs' motion.
In June 2015, the plaintiffs filed their Second Consolidated
Amended Verified Derivative and Class Action Petition. Cleco filed
exceptions seeking dismissal of the second amended petition in July
2015.
The Louisiana Public Service Commission (LPSC) voted to approve the
2016 Merger before the Court could consider the plaintiffs'
peremptory exceptions.
In March 2016 and May 2016, the plaintiffs filed their Third
Consolidated Amended Verified Derivative Petition for Damages and
Preliminary and Permanent Injunction and their Fourth Verified
Consolidated Amended Class Action Petition, respectively.
The fourth amended petition, which remains the operative petition
and was filed after the 2016 Merger closed, eliminated the request
for preliminary and permanent injunction and also named an
additional executive officer as a defendant. The defendants filed
exceptions seeking dismissal of the fourth amended Petition.
In September 2016, the District Court granted the exceptions of no
cause of action and no right of action and dismissed all claims
asserted by the former shareholders. The plaintiffs appealed the
District Court's ruling to the Louisiana Third Circuit Court of
Appeal.
In December 2017, the Third Circuit Court of Appeal issued an order
reversing and remanding the case to the District Court for further
proceedings.
In January 2018, Cleco filed a writ with the Louisiana Supreme
Court seeking review of the Third Circuit Court of Appeal's
decision. The writ was denied in March 2018 and the parties are
engaged in discovery in the District Court. In November 2018, Cleco
filed renewed exceptions of no cause of action and res judicata,
seeking to dismiss all claims.
On December 21, 2018, the court dismissed Cleco Partners and Cleco
Holdings as defendants per the agreement of the parties, leaving as
the only remaining defendants certain former executive officers and
independent directors. The District Court denied the defendants'
exceptions on January 14, 2019.
A hearing on the plaintiffs' motion for certification of a class
was scheduled for August 26, 2019; however, prior to the hearing,
the parties reached an agreement to certify a limited class.
On September 7, 2019, the District Court certified a class limited
to shareholders who voted against, abstained from voting, or did
not vote on the 2016 Merger.
Cleco believes that the allegations of the petitions in each action
are without merit and that it has substantial meritorious defenses
to the claims set forth in each of the petitions.
No further updates were provided in the Company's SEC report.
Cleco Corporate Holdings LLC operates as a public utility holding
company primarily in Louisiana. The company, through its
subsidiary, operates as a regulated electric utility, which owns
nine generating units with a total capacity of 3,310 megawatts and
serves approximately 291,000 customers in Louisiana through its
retail business; and supplies wholesale power in Louisiana and
Mississippi. The company was formerly known as Cleco Corporation
and changed its name to Cleco Corporate Holdings LLC in April 2016.
Cleco Corporate Holdings LLC was founded in 1934 and is based in
Pineville, Louisiana.
CO-OPERATIVE GENERAL: Faces Suit Over COVID-19 Insurance Claims
---------------------------------------------------------------
Lyle Adriano, writing for Insurance Business Canada, reports that
an Ontario Superior Court judge has certified a class action
lawsuit against 14 property and casualty (P&C) insurers, which
alleges that the defendants cost Canadian businesses billions of
dollars after denying them of business interruption insurance over
COVID-19 claims.
Justice Edward Beloba recently certified the class action filed by
Merchant Law Group LLP and Kosky Minsky LLP in May 2020. According
to the class action, the insurers became "unreasonably rich in
selling business interruption insurance and did not honor the terms
of such policies."
Insurance companies named as defendants in the lawsuit include:
Co-operative General Insurance Company; Wynward Insurance Group;
Continental Casualty Company; Certas Home & Auto Insurance Company;
Affordable Mutual Insurance Company; Federal Insurance Company of
Canada; Northbridge General Insurance Corporation; Vanessa Mutual
Insurance Company; Gore Mutual Insurance Company; Retained
insurance company; Novex Insurance Company; Dominion Company of
Canada; SGI Canada Insurance Services Ltd.; and Royal & Sun
Alliance Insurance Company of Canada.
"Business interruption insurance is designed for circumstances such
as the current pandemic," said Koskie Minsky partner Kirk Baert in
a previous statement. "Many business owners who have contacted our
firm have paid significant insurance premiums going back a decade
or more, to have business interruption insurance coverage in place,
and now find that their insurance claims are denied without even a
cursory investigation of their business losses during the COVID-19
shutdown."
The Globe and Mail reported that the 14 insurers have jointly
denied the lawsuit. In court documents, the insurers explained that
the "vast majority" of the affected businesses' insurance policies
require actual bodily harm or damage to the property, and that the
actual and/or suspected presence of the coronavirus on business
premises – as well as a government mandated shutdown -- do not
constitute as damage. [GN]
COALITION FOR AMERICAN: Faces Perrong TCPA Suit Over Robocalls
--------------------------------------------------------------
ANDREW PERRONG, on behalf of himself and others similarly situated
v. COALITION FOR AMERICAN VETERANS POLITICAL ACTION COMMITTEE, Case
No. 1:21-cv-02205-RDM (D.D.C., Aug. 18, 2021) is a class action
complaint under the Telephone Consumer Protection Act of 1991
alleging that the CAV commissioned a series of pre-recorded illegal
telemarketing calls by sending automated calls to certain phone
numbers, which is prohibited by the TCPA.
The Plaintiff says that he never consented to receive such calls,
which were placed to him for polling purposes. Because polling
campaigns generally place calls to hundreds of thousands or even
millions of recipients en masse, the Plaintiff brings this action
on behalf of a proposed nationwide class of other persons who
received illegal automated calls from or on behalf of Defendant.
As the Supreme Court recently explained, "Americans passionately
disagree about many things. But they are largely united in their
disdain for robocalls. The Federal Government receives a staggering
number of complaints about robocalls -- 3.7 million complaints in
2019 alone. For nearly 30 years, the people's representatives in
Congress have been fighting back."
Mr. Perrong is a Pennsylvania resident.
Defendant CAV is a political action committee (PAC) which has as
its stated goal "support[ing] candidates that stand up for
veterans" and "defeat[ing] the do-nothing Democrats." Coalition for
American Veterans, https://coalitionforamericanveterans.com/
[https://archive.vn/jjA5C].[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
- and -
Meredith Kinner, Esq.
MEREDITH KINNER D.C.
KINNER & MCGOWAN, PLLC
413 East Capitol St., SE
Washington, D.C. 20003
Telephone: (202) 846-7148
E-mail: mkinner@kinnermcgowan.com
COLONIAL PIPELINE: Fails to Secure Stakeholders' Info, Suit Says
----------------------------------------------------------------
JERRY TODD EVERHART, DEBORAH FRAZIER, and JOSEPH FRAZIER, on behalf
of themselves and all others similarly situated, Plaintiffs v.
COLONIAL PIPELINE COMPANY, Defendant, Case No. 1:21-cv-03559-MHC
(N.D. Ga., August 27, 2021) is a class action against the Defendant
for negligence, breach of contract, invasion of privacy, and breach
of confidence.
The case arises from the Defendant's failure to properly secure and
protect the personal identifiable information (PII) of the
Plaintiffs and Class members following a ransomware attack against
the Defendant's systems. The data breach allowed unauthorized
access to files on the Defendant's servers, which contained
information about stakeholders such as the Plaintiffs. Moreover,
the Defendant waited several months to report it to affected
individuals. As a result of this delayed response, the Plaintiffs
and Class members had no idea that their PII had been compromised,
and that they were, and continue to be, at significant risk of
identity theft and various other forms of personal, social, and
financial harm, the suit alleges.
Colonial Pipeline Company is a pipeline system for refined oil
products in the U.S., headquartered in Georgia. [BN]
The Plaintiffs are represented by:
Gregory John Bosseler, Esq.
MORGAN & MORGAN, PLLC
191 Peachtree St., NE, Suite 4200
Atlanta, GA 30306
Telephone: (239) 433-6880
E-mail: gbosseler@forthepeople.com
- and-
John A. Yanchunis, Esq.
Ryan D. Maxey, Esq.
MORGAN & MORGAN COMPLEX BUSINESS DIVISION
201 N. Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
E-mail: jyanchunis@ForThePeople.com
rmaxey@ForThePeople.com
- and-
Joel R. Rhine, Esq.
Martin Ramey, Esq.
Janet Coleman, Esq.
Ruth Sheehan, Esq.
RHINE LAW FIRM, P.C.
1612 Military Cutoff Rd., Suite 300
Wilmington, NC 28403
Telephone: (910) 772-9960
Facsimile: (910) 512-7888
E-mail: jrr@rhinelawfirm.com
mjr@rhinelawfirm.com
jrc@rhinelawfirm.com
ras@rhinelawfirm.com
- and-
Mona Lisa Wallace, Esq.
John S. Hughes, Esq.
WALLACE AND GRAHAM, P.A.
525 North Main Street
Salisbury, NC 28144
Telephone: (704) 633-5244
Facsimile: (704) 633-9434
E-mail: mwallace@wallacegraham.com
jhughes@wallacegraham.com
CORIZON HEALTH: Fritz Wins Class Certification Bid
--------------------------------------------------
In the class action lawsuit captioned as SHERYL FRITZ, et al., v.
CORIZON HEALTH, INC., and CORIZON, LLC, Case No. 19-CV-03365-SRB
(W.D. Mo.), the Hon. Judge Stephen R. Bough entered an order:
1. granting the Plaintiffs' Motion for Rule 23 Class
Certification;
2. certfying Plaintiffs' Missouri Unjust Enrichment Class as
follows:
"All current and former hourly Correctional Nurses who
worked in Missouri from October 15, 2014 through the final
disposition of this matter, who have pay periods where
they did not record more than forty hours in a seven day
period, and worked at one of the following locations:
--Boonville Correctional Center
--Chillicothe Correctional Center
--Cremer Therapeutic Community Center
--Fulton Reception & Diagnostic Center
--Jefferson City Correctional Center
--Kansas City Reentry Center
--Maryville Treatment Center
--Missouri Eastern Correctional Center
--Moberly Correctional Center
--Northeast Correctional Center
--Ozark Correctional Center
--Potosi Correctional Center
--South Central Correctional Center
--Southeast Correctional Center
--St. Louis City Criminal Justice Center
--St. Louis City MSI
--Tipton Correctional Center
--Transition Center St. Louis
--Western Missouri Correctional Center
--Western Reception Diagnostic and Correctional Center
--Crossroads Correctional Center;
3. directing the parties to meet and confer to agree on the
proposed notice to potential class members pursuant to
Federal Rule of Civil Procedure 23(c)(2)(B);
4. directing the parties to agree upon a new proposed amended
scheduling order in light of this Order; and
5. denying as moot Corizon's Motion to Strike the Declaration
of L. Scott Baggett.
Corizon Health, formed by a 2011 merger of Correctional Medical
Services, Inc. and Prison Health Services, Inc., is a privately
held prison healthcare contractor in the United States.
A copy of the Court's order dated Aug. 30, 2021 is available from
PacerMonitor.com at https://bit.ly/38CMtbt at no extra charge.[CC]
D.G. SMITH: Hearell Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against D.G. Smith
Enterprises, Inc., et al. The case is styled as Zackery Hearell, on
behalf of all others similarly situated v. D.G. Smith Enterprises,
Inc., Does 1-10, Case No. 34-2021-00306690-CU-OE-GDS (Cal. Super.
Ct., Sacramento Cty., Aug. 20, 2021).
The case type is stated as "Unlimited Civil Other Employment."
D. G. Smith Enterprises, Inc. is located in Sacramento, California
and is part of the Restaurants and Other Eating Places
Industry.[BN]
The Plaintiff is represented by:
Kane Moon, Esq.
MOON & YANG, APC
1055 W 7th St Ste 1880
Los Angeles, CA 90017-2529
Phone: (213) 232-3128
Fax: (213) 232-3125
Email: kane.moon@moonyanglaw.com
DICKEY'S BARBECUE: Diczhazy Suit Transferred to N.D. Texas
----------------------------------------------------------
The case styled as Ross Diczhazy and Wesley Etheridge II,
individually and on behalf of all others similarly situated v.
Dickey's Barbecue Restaurants Inc. doing business as: Dickeys
Barbeque Pit Inc.; Dickey's Capital Group Inc., a Delaware
Corporation; Does 1-50; Case No. 3:20-cv-02189, was transferred
from the U.S. District Court for the Southern District of
California, to the U.S. District Court for the Northern District of
Texas on August 20, 2021.
The District Court Clerk assigned Case No. 3:21-cv-01962-K to the
proceeding.
The nature of suit is stated as Other P.I. for Personal Injury.
Dickey's Barbecue Pit -- https://www.dickeys.com/ -- is an American
family-owned barbecue restaurant chain based in Dallas, Texas, and
is a subsidiary of Dickey's Capital Group.[BN]
The Plaintiffs are represented by:
Daniel J. Mogin, Esq.
Jennifer M. Oliver, Esq.
Timothy Z. LaComb, Esq.
MOGINRUBIN LLP
600 West Broadway, Suite 3300
San Diego, CA 92101
Phone: (619) 687-6611
Fax: (619) 687-6610
Email: dmogin@moginrubin.com
joliver@moginrubin.com
tlacomb@moginrubin.com
Balon B. Bradley, Esq.
BALON B. BRADLEY LAW FIRM
11910 Greenville Ave., Suite 220
Dallas, TX 75243
Phone: (972) 991-1582
Fax: (972) 755-0424
Email: balon@bbradleylaw.com
Joe Kendall, Esq.
KENDALL LAW GROUP PLLC
3811 Turtle Creek Blvd., Suite 1450
Dallas, TX 75219
Phone: (214) 744-3000
Fax: (214) 744-3015
Email: jkendall@kendalllawgroup.com
- and -
Natasha N. Serino, Esq.
SCHACK LAW GROUP
16870 West Bernardo Drive, Suite 400
San Diego, CA 92127
Phone: (858) 485-6535
Fax: (858) 485-0608
Email: natashaserino@schacklawgroup.com
The Defendants are represented by:
Christopher S. Dodrill, Esq.
GREENBERG TRAURIG
2200 Ross Ave, Suite 5200
Dallas, TX 75201
Phone: (214) 665-3681
Fax: (214) 665-3601
Email: dodrillc@gtlaw.com
- and -
Ian Charles Ballon, Esq.
GREENBERG TRAURIG LLP
1840 Century Park East, Suite 1900
Los Angeles, CA 90067
Phone: (310) 586-6575
Email: Ballon@gtlaw.com
DO VITAMINS: Tenzer-Fuchs Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Do Vitamins, Inc. The
case is styled as Michelle Tenzer-Fuchs, on behalf of herself and
all others similarly situated v. Do Vitamins, Inc., Case No.
2:21-cv-04939 (E.D.N.Y., Sept. 1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Do Vitamins -- https://dovitamins.com/ -- is a boutique supplement
brand specializing in ultra-clean sports nutrition and premium
vitamin formulas for ingredient-conscious consumers.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
DREAMWEAR INC: Doe Employment Discrimination Suit Goes to D.N.J.
----------------------------------------------------------------
The case styled JANE DOE 1 and JANE DOE 2, individually and on
behalf of all others similarly situated v. DREAMWEAR INC., JOSEPH
FRANCO, ELLIOT FRANCO, JOHN OR JANE DOE 1 THROUGH 100, fictitious
names being natural persons at present unidentified, XYZ
CORPORATIONS 1 THROUGH 100, fictitious names being corporations at
present unidentified, ABC ENTITIES 1 THROUGH 100, fictitious names
being commercial entities at present unidentified, Case No.
BUR-L-001590-21, was removed from the Superior Court of New Jersey,
Law Division, Burlington County, to the U.S. District Court for the
District of New Jersey on August 27, 2021.
The Clerk of Court for the District of New Jersey assigned Case No.
1:21-cv-16178 to the proceeding.
The case arises from the Defendants' alleged employment
discrimination pursuant to 40 U.S.C. Section 2000e-2 and 42 U.S.C.
Section 1983.
Dreamwear Inc. is a clothing manufacturer based in New York, New
York. [BN]
The Defendants are represented by:
Jeffrey G. Douglas, Esq.
David A. Gold, Esq.
KANE KESSLER, P.C.
600 Third Avenue, 35th Floor
New York, NY 10016
Telephone: (212) 519-5183
E-mail: Jdouglas@kanekessler.com
dgold@kanekessler.com
ELANCO ANIMAL: Vargas Suit Transferred to N.D. Illinois
-------------------------------------------------------
The case styled as Aitana Vargas, Faye Hemsley, individually and on
behalf of all others similarly situated v. Elanco Animal Health,
Inc., Case No. 2:21-cv-02506, was transferred from the U.S.
District Court for the Central District of California to the U.S.
District Court for the Northern District of Illinois on Sept. 1,
2021.
The District Court Clerk assigned Case No. 1:21-cv-04476 to the
proceeding.
The nature of suit is stated as Other Fraud.
Elanco Animal Health Incorporated -- https://www.elanco.com/en-us
-- is an American pharmaceutical company which produces medicines
and vaccinations for pets and livestock.[BN]
The Plaintiffs are represented by:
George Volney Granade, Esq.
REESE LLP
8484 Wilshire Boulevard Suite 515
Los Angeles, CA 90211
Phone: (310) 393-0070
Status: (212) 253-4272
Email: ggranade@reesellp.com
- and -
Michael R. Reese, Esq.
MILBERG WEISS BERSHAD & SCHULMAN
One Pennsylvania Plaza, 48th Floor
New York, NY 10119-0165
Phone: (212) 594-5300
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Suite 409
Great Neck, NY 11021
Phone: (516) 260-7080
Email: spencer@spencersheehan.com
- and -
Steffan T. Keeton, Esq.
THE KEETON FIRM LLC
100 South Commons Suite 102
Pittsburgh, PA 15212
Phone: (888) 412-5291
Email: stkeeton@keetonfirm.com
The Defendant is represented by:
Naoki S. Kaneko, Esq.
SHOOK HARDY AND BACON LLP
Jamboree Center
5 Park Plaza Suite 1600
Irvine, CA 92614
Phone: (949) 475-1500
Status: (949) 475-0017
Email: nkaneko@shb.com
EQUABLE ASCENT: Faces Edge Class Suit in Maryland State Court
-------------------------------------------------------------
A class action lawsuit has been filed against Equable ascent
financial LLC. The case is captioned as DAVID EDGE SR. vs. EQUABLE
ASCENT FINANCIAL LLC, Case No. 486834V (Md. Cir., Montgomery Cty.,
Aug. 18, 2021).
Equable Ascent is a buyer of charged off debt.[BN]
The Plaintiff, on behalf of themselves and all others similarly
situated, is represented by:
Benjamin H. Carney, Esq.
GORDON, WOLF & CARNEY CHTD.
Suite 100 100 W Pennsylvania Ave.
Towson MD 21204
The Defendant is represented by:
STILLMAN LAW OFFICE LLC
110 West Rd., Ste. 17
Towson MD 21204
FALONI LAW: Faces Sabel FDCPA Class Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Faloni Law Group,
LLC, et al. The case is captioned as Sabel v. Faloni Law Group,
LLC, et al., Case No. 7:21-cv-06964-PMH (S.D.N.Y., Aug. 18, 2021),
The suit alleges violation of the Fair Debt Collection Practices
Act involving consumer credit.
The case is assigned to the Hon. Judge Philip M. Halpern.
Faloni Law Group is a full service law firm.
The Defendants include Faloni Law Group, LLC and First Portfolio
Ventures I, LLC.[BN]
Plaintiff Abraham Sabel, individually and on behalf of all others
similarly situated, is represented by:
Tamir Saland, Esq.
STEIN SAKS
One University Plaza, Ste. 620
Hackensack, NJ 07601
Telephone (201) 282-6500
Facsimile: (201) 282-6501
E-mailtsaland@steinsakslegal.com
FREEPORT ASSESSOR: Kartez Files Petition in N.Y. Sup. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Freeport, et al. The case is styled as Ross Kartez, all
other similarly situated Petitioners on the annexed SCHEDULE A,
Petitioner v. The Assessor of the Village of Freeport, The Board of
Assessment Review of the Village of Freeport, Respondents, Case No.
611204/2021 (N.Y. Sup. Ct., Nassau Cty., Aug. 31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Freeport --
https://www.freeportny.gov/8/Assessor -- issues property tax
assessments and exemptions.[BN]
The Petitioner is represented by:
Gianna Lyn Rey, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
FREEPORT ASSESSOR: Lopez Files Petition in N.Y. Sup. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Freeport, et al. The case is styled as Melvin Marte
Lopez, all other similarly situated Petitioners on the annexed
SCHEDULE A, Petitioner v. The Assessor of the Village of Freeport,
The Board of Assessment Review of the Village of Freeport,
Respondents, Case No. 611200/2021 (N.Y. Sup. Ct., Nassau Cty., Aug.
31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Freeport --
https://www.freeportny.gov/8/Assessor -- issues property tax
assessments and exemptions.[BN]
The Petitioner is represented by:
Gianna Lyn Rey, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
FREEPORT ASSESSOR: Vollono Files Petition in N.Y. Sup. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Freeport, et al. The case is styled as Philip Vollono,
Millicent Vollono, all other similarly situated Petitioners on the
annexed SCHEDULE A, Petitioners v. The Assessor of the Village of
Freeport, The Board of Assessment Review of the Village of
Freeport, Respondents, Case No. 611096/2021 (N.Y. Sup. Ct., Nassau
Cty., Aug. 31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Freeport --
https://www.freeportny.gov/8/Assessor -- issues property tax
assessments and exemptions.[BN]
The Petitioner is represented by:
Mark H. Miller, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
FREEPORT ASSESSOR: Wittich Files Petition in N.Y. Sup. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Freeport, et al. The case is styled as Linda Wittich,
all other similarly situated Petitioners on the annexed SCHEDULE A,
Petitioner v. The Assessor of the Village of Freeport, The Board of
Assessment Review of the Village of Freeport, Respondents, Case No.
611099/2021 (N.Y. Sup. Ct., Nassau Cty., Aug. 31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Freeport --
https://www.freeportny.gov/8/Assessor -- issues property tax
assessments and exemptions.[BN]
The Petitioner is represented by:
Gianna Lyn Rey, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
FUBOTV INC: Bid to Dismiss Securities Class Suit Due Sept. 10
-------------------------------------------------------------
FuboTV Inc. said in its Form 10-Q Report filed with the Securities
and Exchange Commission on August 11, 2021, for the quarterly
period ended June 30, 2021, that the deadline for Class Action
Defendants to file a motion to dismiss the Amended Class Action
Complaint filed in the class action suit entitled, In re FuboTV
Inc. Securities Litigation, No. 1:21-cv-01412 (S.D.N.Y.), is on
September 10, 2021.
On February 17, 2021, putative shareholders Wafa Said-Ibrahim and
Adhid Ibrahim filed a class action lawsuit against the Company,
co-founder and CEO David Gandler, Executive Chairman Edgar M.
Bronfman Jr., and CFO Simone Nardi.
Plaintiffs allege that Class Action Defendants violated federal
securities laws by disseminating false and misleading statements
regarding the Company's financial health and operating condition,
including the Company's ability to grow subscription levels,
prospects, future profitability, seasonality factors, cost
escalations, ability to generate advertising revenue, valuation,
and entering the online sports wagering market.
The Plaintiffs allege that Class Action Defendants violated Section
10(b) of the Securities Exchange Act of 1934 and Rule 10b-5
thereunder, as well as Section 20(a) of the Exchange Act, and seek
damages and other relief.
Plaintiffs seek to pursue this claim on behalf of themselves as
well as all other persons who purchased or otherwise acquired
Company securities publicly traded on the New York Stock Exchange
(NYSE) between March 23, 2020 and January 4, 2021, inclusive, and
who were allegedly damaged thereby.
On February 24, 2021, putative shareholder Steven Lee filed a
nearly identical class action lawsuit against the same Defendants.
On April 29, 2021, the court consolidated Said-Ibrahim v. fuboTV
Inc., David Gandler, Edgar M. Bronfman Jr., & Simone Nardi, Case
No. 21-cv-01412 (S.D.N.Y) and Lee v. fuboTV, Inc., David Gandler,
Edgar M. Bronfman Jr., & Simone Nardi, Case No. 21-cv-01641
(S.D.N.Y.) under In re FuboTV Inc. Securities Litigation, No.
1:21-cv-01412 (S.D.N.Y.). The court also appointed putative
shareholder Nordine Aamchoune as lead plaintiff.
On July 12, 2021, Plaintiff filed an Amended Class Action
Complaint.
The deadline for Class Action Defendants to file a motion to
dismiss the Amended Class Action Complaint is September 10, 2021.
The Company believes the claims alleged in both lawsuits are
without merit and intends to vigorously defend these litigations.
FuboTV Inc. is a sports-first, live TV streaming company, offering
subscribers access to tens of thousands of live sporting events
annually as well as leading news and entertainment content. The
compoany's platform, fuboTV, allows customers to access content
through streaming devices and on SmartTVs, mobile phones, tablets,
and computers. The company is based in New York, New York.
GARDEN CITY ASSESSOR: Silvestri Files Petition in N.Y. Sup. Ct.
---------------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Garden City, et al. The case is styled as Deborah
Silvestri, all other similarly situated Petitioners on the annexed
SCHEDULE A, Petitioner v. The Assessor of the Village of Garden
City, The Board of Assessment Review of the Village of Garden City,
Respondents, Case No. 611205/2021 (N.Y. Sup. Ct., Nassau Cty., Aug.
31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Garden City --
https://www.gardencityny.net/ -- issues property tax assessments
and exemptions.[BN]
The Petitioner is represented by:
Gianna Lyn Rey, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
GLAXOSMITHKLINE PLC: DeCostanzo Sues Over Boostrix's False Claims
-----------------------------------------------------------------
LORI DECOSTANZO, on behalf of herself and all others similarly
situated, Plaintiff v. GLAXOSMITHKLINE PLC and GLAXOSMITHKLINE LLC,
Defendants, Case No. 2:21-cv-04869 (E.D.N.Y., August 29, 2021) is a
class action against the Defendants for unjust enrichment,
negligent misrepresentation, fraud, and violations of the consumer
protection, false advertising, implied warranty, and express
warranty laws.
The case arises from the Defendants' claims that people receiving
Boostrix, a tetanus toxoid, reduced diphtheria toxoid, and
acellular pertussis biological product, are less likely to infect
babies with pertussis. Such advertising is false and misleading
because Boostrix does not reduce the likelihood of becoming
infected with and transmitting the pertussis bacteria. To the
contrary, it actually increases the likelihood that those receiving
the product will become infected with and transmit pertussis. This
is because while Boostrix may reduce the symptoms of pertussis, it
does not prevent those receiving the product from becoming infected
with and transmitting pertussis.
The Plaintiff and Class members seek damages for the Defendants'
alleged misrepresentations and omissions.
GlaxoSmithKline plc is a pharmaceutical company, with its principal
place of business at 980 Great West Road, Brentford, Middlesex
TW89GS, England.
GlaxoSmithKline LLC is a wholly-owned subsidiary of GlaxoSmithKline
plc, with its principal place of business in Philadelphia,
Pennsylvania. [BN]
The Plaintiff is represented by:
Aaron Siri, Esq.
Elizabeth Brehm, Esq.
Catherine Cline, Esq.
SIRI & GLIMSTAD LLP
200 Park Avenue, Seventeenth Floor
New York, NY 10166
Telephone: (212) 532-1091
E-mail: aaron@sirillp.com
ebrehm@sirillp.com
ccline@sirillp.com
GP DEVELOPMENT: Sanabia Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against GP Development, Inc.,
et al. The case is styled as Celemente Sanabia, individually, and
on behalf of all others similarly situated vs. GP Development,
Inc., Gary Perkins, Case No. 34-2021-00306482-CU-OE-GDS (Cal.
Super. Ct., Sacramento Cty., Aug. 20, 2021).
The case type is stated as "Other Employment - Civil Unlimited."
GP Development is a commercial construction company in Sacramento
specializing in Dental Office and Medical Laboratory
Construction.[BN]
The Plaintiff is represented by:
R. Craig Clark, Esq.
CLARK LAW GROUP
3258 4th Ave.
San Diego, CA 92103-5702
Phone: 619-239-1321
Fax: 888-273-4554
Email: cclark@clarklawyers.com
HARRY'S NURSES: Seeks Transfer of Case to S.D. Mississippi
----------------------------------------------------------
Defendants Harry's Nurses Registry, Inc. and Harry Dorvilier in the
case styled as Claudia Gayle and Others Similarly Situated v.
Harry's Nurses Registry, Inc. and Harry Dorvilier, Case No. 21-1463
(Second Circuit Court of Appeals), move the Panel under 28 U.S.C.
Section 1407 to transfer the case to the U.S. District Court,
Southern District of Mississippi, Northern Division.
The action allege non-payment of employment claims for minimum wage
and maximum hour wage payment violations of the Fair Labor
Standards Act ("FLSA") and brought by named plaintiff members of
collective action groups or "collectives" pursuant to Section
216(b) of the FLSA.[BN]
The Defendants/Movants are represented by:
George A. Rusk, Esq.
70 Lamarck Drive
Snyder, New York
Phone: 716-864=8373
Email: GeorgeRuskAtt@outlook.com
HRB TAX: Snarr Appeals Consumer Suit Dismissal to 9th Cir.
----------------------------------------------------------
Plaintiff Derek Snarr filed an appeal from a court ruling entered
in the lawsuit styled Pelanatita Olosoni, et al. v. HRB Tax Group,
Inc., et al., Case No. 3:19-cv-03610-SK, in the U.S. District Court
for the Northern District of California, San Francisco.
As previously reported in the Class Action Reporter, the Plaintiffs
generally allege unlawful, unfair, fraudulent and deceptive
business practices and acts in connection with the IRS Free File
Program in violation of the California Consumers Legal Remedies
Act, California Civil Code Sections 1750, et seq., California False
Advertising Law, California Business and Professions Code Sections
17500, et seq., and California Unfair Competition Law, California
Business and Professions Code Sections 17200 et seq. The plaintiffs
seek declaratory and injunctive relief, restitution, compensatory
damages, punitive damages, interest, attorneys' fees and costs.
This putative class action complaint was filed against H&R Block,
Inc., HRB Tax Group, Inc. and HRB Digital LLC in the Superior Court
of the State of California, County of San Francisco (Case No.
CGC-19576093) styled Olosoni and Snarr v. H&R Block, Inc., et al.,
before it was removed to the United States District Court for the
Northern District of California on June 21, 2019.
The Plaintiffs filed a first amended complaint on August 9, 2019,
dropping H&R Block, Inc. from the case. In their amended complaint,
the Plaintiffs seek to represent classes of all persons, between
May 17, 2015 and the present, who (1) paid to file one or more
federal tax returns through H&R Block(TM)'s internet-based filing
system, (2) were eligible to file those tax returns for free
through the H&R Block Free File offer of the IRS Free File Program,
and (3) resided in and were citizens of California at the time of
the payments.
The Defendants previously sought a review of the May 13, 2021
Order, denying their renewed motion to compel and granting
Plaintiff's cross-motion for corrective action.
Mr. Snarr now seeks a review of the Court's Order dated Aug. 24,
2021, granting Defendants' Motion to Dismiss First Amended
Complaint.
The appellate case is captioned as Derek Snarr v. HRB Tax Group,
Inc., et al., Case No. 21-16414, in the United States Court of
Appeals for the Ninth Circuit, filed on Aug. 27, 2021.
The briefing schedule in the Appellate Case states that:
-- Appellant Derek Snarr Mediation Questionnaire was due on
September 3, 2021;
-- Appellant Derek Snarr opening brief is due on October 28,
2021;
-- Appellees HRB Digital LLC and HRB Tax Group, Inc. answering
brief is due on November 29, 2021; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Plaintiff-Appellant DEREK SNARR, on behalf of himself, the general
public, and those similarly situated, is represented by:
Stephen Raab, Esq.
GUTRIDE SAFIER LLP
113 Cherry Street #55150
Seattle, WA 98140
Telephone: (917) 817-2665
E-mail: stephen@gutridesafier.com
- and -
Seth Adam Safier, Esq.
GUTRIDE SAFIER LLP
835 Douglass Street
San Francisco, CA 94114
Telephone: (415) 336-6545
E-mail: seth@gutridesafier.com
Defendants-Appellees HRB TAX GROUP, INC. and HRB DIGITAL LLC are
represented by:
Darren K. Cottriel, Esq.
JONES DAY
3161 Michelson Drive, Suite 800
Irvine, CA 92612-4408
Telephone: (949) 851-3939
E-mail: dcottriel@jonesday.com
- and -
Archis Ashok Parasharami, Esq.
MAYER BROWN LLP
1999 K Street, NW
Washington, DC 20006
Telephone: (202) 263-3000
E-mail: aparasharami@mayerbrown.com
HYRECAR INC: Kehoe Law Firm Investigates Securities Claims
----------------------------------------------------------
Kehoe Law Firm, P.C. is investigating whether HyreCar Inc.
("HyreCar" or the "Company") (NASDAQ:HYRE) violated federal
securities laws.
HyreCar investors who purchased, or otherwise acquired, HyreCar
securities between May 14, 2021 and August 10, 2021, both dates
inclusive (the "Class Period"), and suffered financial losses
greater than $25,000 are encouraged to contact Kehoe Law Firm, P.C.
to learn more about the securities investigation or potential
securities claims.
HyreCar investors should be aware that a class action lawsuit was
filed against the Company on August 27, 2021 in United States
District Court, Central District of California, on behalf
purchasers of HyreCar securities during the Class Period.
According to the class action complaint, HyreCar issued materially
false and/or misleading statements, because they failed to disclose
the following adverse facts pertaining to the Company's business,
operations and financial condition, which were known to, or
recklessly disregarded by, the HyreCar defendants as follows: (a)
that HyreCar had materially understated its insurance reserves; (b)
that HyreCar had systematically failed to pay valid insurance
claims incurred prior to the Class Period; (c) that HyreCar had
incurred significant expenses transitioning to its new third-party
insurance claims administrator and processing claims incurred from
prior periods; (d) that HyreCar had failed to appropriately price
risk in its insurance products and was experiencing elevated claims
incidence as a result; (e) that HyreCar had been forced to
dramatically reform its claims underwriting, policies and
procedures in response to unacceptably high claims severity and
customer complaints; and (f) that, as a result of the foregoing,
HyreCar's operations and prospects were misrepresented because the
Company was not on track to meet the financial estimates provided
to investors during the Class Period, and such estimates lacked a
reasonable basis in fact, including HyreCar's purported gross
margin, EBITDA and net loss trajectories.
HYRECAR SHAREHOLDERS WHO PURCHASED, OR OTHERWISE ACQUIRED, THE
COMPANY'S SECURITIES DURING THE CLASS PERIOD AND SUFFERED LOSSES
GREATER THAN $25,000 ARE ENCOURAGED TO COMPLETE KEHOE LAW FIRM'S
SECURITIES CLASS ACTION QUESTIONNAIRE OR CONTACT MICHAEL YARNOFF,
ESQ., (215) 792-6676, EXT. 804, MYARNOFF@KEHOELAWFIRM.COM,
INFO@KEHOELAWFIRM.COM, TO DISCUSS THE CLASS ACTION INVESTIGATION OR
POTENTIAL LEGAL CLAIMS.
Kehoe Law Firm, P.C., with offices in New York and Philadelphia, is
a multidisciplinary, plaintiff-side law firm dedicated to
protecting investors from securities fraud, breaches of fiduciary
duties, and corporate misconduct. Combined, the partners at Kehoe
Law Firm have served as Lead Counsel or Co-Lead Counsel in cases
that have recovered more than $10 billion on behalf of
institutional and individual investors.
This notice may constitute attorney advertising. [GN]
HYRECAR INC: Robbins Geller Files Securities Class Action
---------------------------------------------------------
Robbins Geller Rudman & Dowd LLP filed a class action lawsuit
charging HyreCar Inc. (NASDAQ: HYRE) and certain of its executives
with violations of the Securities Exchange Act of 1934 and seeking
to represent purchasers of HyreCar securities between May 14, 2021
and August 10, 2021, inclusive (the "Class Period"). The HyreCar
class action lawsuit (Baron v. HyreCar Inc., No. 21-cv-06918) was
commenced on August 27, 2021 in the Central District of
California.
If you wish to serve as lead plaintiff of the HyreCar class action
lawsuit, please provide your information by clicking here. You can
also contact attorney J.C. Sanchez of Robbins Geller by calling
800/449-4900 or via e-mail at jsanchez@rgrdlaw.com. Lead plaintiff
motions for the HyreCar class action lawsuit must be filed with the
court no later than October 26, 2021.
The plaintiff is represented by Robbins Geller, which has extensive
experience in prosecuting investor class actions including actions
involving financial fraud.
CASE ALLEGATIONS: The HyreCar class action lawsuit alleges that,
throughout the Class Period, defendants made false and misleading
statements and failed to disclose that: (i) HyreCar had materially
understated its insurance reserves; (ii) HyreCar had systematically
failed to pay valid insurance claims incurred prior to the Class
Period; (iii) HyreCar had incurred significant expenses
transitioning to its new third-party insurance claims administrator
and processing claims incurred from prior periods; (iv) HyreCar had
failed to appropriately price risk in its insurance products and
was experiencing elevated claims incidence as a result; (v) HyreCar
had been forced to dramatically reform its claims underwriting,
policies, and procedures in response to unacceptably high claims
severity and customer complaints; and (vi) as a result, HyreCar's
operations and prospects were misrepresented because HyreCar was
not on track to meet the financial estimates provided to investors
during the Class Period, and such estimates lacked a reasonable
basis in fact, including HyreCar's purported gross margin, earnings
before interest, taxes, depreciation, and amortization ("EBITDA"),
and net loss trajectories.
On August 10, 2021, HyreCar announced deeply disappointing results
for the quarterly period ended June 30, 2021 ("Q2 2021"), including
net losses of $9.3 million compared to losses of $3.8 million in
the same period the prior year. Furthermore, HyreCar's adjusted
EBITDA loss for Q2 2021 was $7.1 million (four times higher than
the $1.7 million adjusted EBITDA loss experienced in the second
quarter of 2020) and its gross profit for Q2 2021 was just $0.8
million (less than one third HyreCar's gross profit in the second
quarter of 2020), with a gross profit margin of just 24%.
Contemporaneously with the release, HyreCar disclosed that HyreCar
had incurred skyrocketing costs of revenue during the quarter
primarily as a result of significantly higher insurance claims
incidence – including claims before March 31, 2021 "in excess of
the reserves." During HyreCar's earnings call, executives revealed
that HyreCar had been forced to revamp its claims processes and
procedures and improve its risk price adjustments for policies
issued by HyreCar. And when asked whether HyreCar was actually on
track to achieve 45% to 50% gross margins in the near term as
previously represented, HyreCar's CFO essentially withdrew this
goal, calling it a "shoot for the sky" aim and stating that
"shooting for margin upwards of 40%" was more realistic. On this
news, the price of HyreCar stock fell nearly 50%, damaging
investors.
THE LEAD PLAINTIFF PROCESS: The Private Securities Litigation
Reform Act of 1995 permits any investor who purchased HyreCar
securities during the Class Period to seek appointment as lead
plaintiff in the HyreCar class action lawsuit. A lead plaintiff is
generally the movant with the greatest financial interest in the
relief sought by the putative class who is also typical and
adequate of the putative class. A lead plaintiff acts on behalf of
all other class members in directing the HyreCar class action
lawsuit. The lead plaintiff can select a law firm of its choice to
litigate the HyreCar class action lawsuit. An investor's ability to
share in any potential future recovery of the HyreCar action
lawsuit is not dependent upon serving as lead plaintiff.
ABOUT ROBBINS GELLER RUDMAN & DOWD LLP: With 200 lawyers in 9
offices nationwide, Robbins Geller Rudman & Dowd LLP is the largest
U.S. law firm representing investors in securities class actions.
Robbins Geller attorneys have obtained many of the largest
shareholder recoveries in history, including the largest securities
class action recovery ever -- $7.2 billion -- in In re Enron Corp.
Sec. Litig. The 2020 ISS Securities Class Action Services Top 50
Report ranked Robbins Geller first for recovering $1.6 billion for
investors last year, more than double the amount recovered by any
other securities plaintiffs' firm. Please visit
http://www.rgrdlaw.comfor more information.
Attorney advertising.
Past results do not guarantee future outcomes.
Services may be performed by attorneys in any of our offices.
Contact:
Robbins Geller Rudman & Dowd LLP
655 W. Broadway, San Diego, CA 92101
J.C. Sanchez, 800-449-4900
jsanchez@rgrdlaw.com [GN]
INDIA GLOBALIZATION: Deal Reached in Tchatchou Consolidated Suit
----------------------------------------------------------------
India Globalization Capital, Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission on August 11,
2021, for the quarterly period ended June 30, 2021, that a
preliminary agreement in principle to settle all pending
shareholder litigation against the company including Tchatchou v.
India Globalization Capital, Inc., et al., Civil Action No.
8:18-cv-03396, has been reached.
On November 2, 2018, IGC shareholder Alde-Binet Tchatchou
instituted a shareholder class action complaint on behalf of
himself and all others similarly situated in the United States
District Court for the District of Maryland.
Tchatchou v. India Globalization Capital, Inc., et al., Civil
Action No. 8:18-cv-03396 (U.S. District Court for the District of
Maryland).
On May 13, 2019, the plaintiff filed an amended complaint against
IGC, Ram Mukunda, and Claudia Grimaldi.
The plaintiff alleges that the Class Action Defendants violated
Section 10(b) of the Exchange Act, SEC Rule 10b-5, and Section
20(a) of the Exchange Act and made false and misleading statements
to the public by issuing a September 25, 2018, press release
entitled "IGC to Enter the Hemp/CBD-Infused Energy Drink Space" and
related disclosures, in which IGC announced it had "executed a
distribution and partnership agreement" for the sugar-free energy
drink named Nitro G, as well as through related public statements.
The plaintiff has not publicly disclosed the amount of damages they
seek.
On February 28, 2019, all pending shareholder class actions were
consolidated, and the Tchatchou litigation was designated as the
lead case.
Throughout the Tchatchou litigation, the Class Action Defendants
have denied any and all liability and denied any violation of the
law.
On November 2, 2018, IGC shareholder Gabe Harris-Carr instituted a
shareholder class action complaint on behalf of himself and all
others similarly situated in the United States District Court for
the District of Maryland.
Harris-Carr v. India Globalization Capital, Inc., et al., Civil
Action No. 8:18-cv-03408 (U.S. District Court for the District of
Maryland).
IGC, Ram Mukunda, and Claudia Grimaldi were named as defendants.
On February 28, 2019, all pending shareholder class actions,
including the Harris-Carr litigation, were consolidated, and the
Tchatchou litigation, was designated as the lead case.
On May 13, 2019, the plaintiff in the Tchatchou litigation filed an
amended complaint, which becomes the operative complaint for the
consolidated matter and supersedes the Harris-Carr complaint.
Throughout the Harris-Carr litigation, the Class Action Defendants
have denied any and all liability and denied any violation of the
law.
On April 6, 2021, the plaintiffs and the Class Action Defendants
reached a preliminary agreement in principle to settle all pending
shareholder litigation, including the Tchatchou and Harris-Carr
matters.
The settlement is subject to the agreement and execution of formal
settlement documentation and approval by the United States District
Court for the District of Maryland.
At present, a significant portion of the settlement is expected to
be paid by the Company's insurance policy.
The Company and the Class Action Defendants are represented by
counsel in the litigation.
India Globalization Capital, Inc. engages in the development and
commercialization of cannabis-based therapies to treat Alzheimer's,
pain, nausea, eating disorders, several endpoints of Parkinson's,
and epilepsy in humans, dogs, and cats. The company operates
through two segments, Legacy Infrastructure and Medical
Cannabis-Based Alternative Therapies. The company was founded in
2005 and is based in Bethesda, Maryland.
INTERNATIONAL BUSINESS: Withholds Sales Commissions, Briggs Claims
------------------------------------------------------------------
MARK BRIGGS, on behalf of himself and all others similarly
situated, Plaintiff v. INTERNATIONAL BUSINESS MACHINES CORPORATION,
Defendant, Case No. 3:21-cv-06645-SK (N.D. Cal., August 27, 2021)
is a class action against the Defendant for unjust enrichment and
violation of the California Unfair Competition Law by wrongfully
withholding the sales commissions of its employees, including the
Plaintiff.
Mr. Briggs has worked for the Defendant as a sales representative
from approximately January 1995 through present.
International Business Machines Corporation is a global technology
company that provides hardware, software, cloud-based services, and
cognitive computing, with its principal place of business in New
York. [BN]
The Plaintiff is represented by:
Alex R. Straus, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
280 Beverly Hills Drive, Penthouse
Beverly Hills, CA 90212
Telephone: (310) 450-9689
Facsimile: (310) 496-3176
E-mail: astraus@milberg.com
- and –
Matthew E. Lee, Esq.
Mark R. Sigmon, Esq.
Jeremy R. Williams, Esq.
MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN
900 W. Morgan Street
Raleigh, NC 27603
Telephone: (919) 600-5000
Facsimile: (919) 600-5035
E-mail: mlee@milberg.com
msigmon@milberg.com
jwilliams@milberg.com
IRONSHORE INDEMNITY: Knox Suit Seeks to Certify Class
-----------------------------------------------------
In the class action lawsuit captioned as TESSA KNOX, PAMELA KASSEN,
LAURENTINA CHAPARRO, HILLARY CRANDLE, JOY FUSARO, ALYSSA HICKEY,
MARGRET HOLCOMB, MICHELLE ORTIZ, TRIPTI PANDEY, WIJDAN SHOUBAKI,
JENA TOBAK, CHRISTINA TORRES, AND ARISSIA TOSSETTI, v. IRONSHORE
INDEMNITY INC., Case No. 1:21-cv-06321-JSR (S.D.N.Y.), the
Plaintiffs ask the Court to enter an order:
1. certifying a class of plaintiffs, defined as:
"all of the members of the class certified by this Court
in Tessa Knox v. John Varvatos Enterprises, Inc., 17 Civ.
772 (GWG)";
2. appointing Knox and Kassen as class representatives and
appointing Dunnegan & Scileppi LLC as class counsel; and
3. granting such other and further relief as this Court deems
just and proper.
Ironshore operates as an insurance company. The Company offers
property and casualty insurance services.
A copy of the the Plaintiffs' motion to certify class dated Aug.
30, 2021 is available from PacerMonitor.com at
https://bit.ly/2WRxRCD at no extra charge.[CC]
The Plaintiff is represented by:
William Dunneganm, Esq.
Richard Weiss, Esq.
DUNNEGAN & SCILEPPI LLC
437 Madison Avenue, 24th Floor
New York, NY 10022
Telephone: (212) 332-8300
E-mail: wd@dunnegan.com
rw@dunnegan.com
JAGUAR LAND ROVER: Tenzer-Fuchs Files ADA Suit in E.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Jaguar Land Rover
North America, LLC. The case is styled as Michelle Tenzer-Fuchs, on
behalf of herself and all others similarly situated v. Jaguar Land
Rover North America, LLC, Case No. 2:21-cv-04941 (E.D.N.Y., Sept.
1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jaguar Land Rover -- https://www.jaguarlandrover.com/ -- is one of
the world's premier manufacturers of luxury sedans, sports cars and
SUVs.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
JELD-WEN HOLDING: $40MM Class Settlement to be Heard on Nov. 22
---------------------------------------------------------------
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
(Richmond Division)
In re JELD-WEN HOLDING, INC. SECURITIES LITIGATION
Civil Action No. 3:20-cv-00112-JAG
CLASS ACTION
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS
ACTION AND MOTION FOR ATTORNEYS' FEES AND EXPENSES
To: All persons and entities who or which, during the period from
January 26, 2017 through October 15, 2018, inclusive (the "Class
Period"), purchased the publicly traded common stock of JELD-WEN
Holding, Inc. (the "Class")
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Eastern District of Virginia, that Court-appointed Class
Representatives, on behalf of themselves and all members of the
certified Class, and defendants JELD-WEN Holding, Inc. ("JELD-WEN"
or the "Company"), Mark A. Beck, L. Brooks Mallard, Kirk S.
Hachigian, Gary S. Michel, Onex Corporation and its affiliated
funds and entities, specifically Onex Partners Manager LP, Onex
Partners III LP, Onex Partners III GP LP, Onex US Principals LP,
Onex Partners III PV LP, Onex Partners III Select LP, Onex BP
Co-Invest LP, Onex Advisor Subco III LLC, Onex American Holdings II
LLC, OAH Wind LLC, BP EI LLC and BP EI II LLC (collectively,
"Defendants"), have reached a proposed settlement of the claims in
the above-captioned class action (the "Action") in the amount of
$40,000,000 (the "Settlement").
A hearing will be held before the Honorable John A. Gibney, Jr.,
either in person or remotely in the Court's discretion, on November
22, 2021, at 1:30 p.m. in Courtroom 6000 of the United States
District Court for the Eastern District of Virginia, Richmond
Division, at the Spottswood W. Robinson III and Robert R. Merhige,
Jr. Federal Courthouse, 701 East Broad Street, Richmond, VA 23219
(the "Settlement Hearing") to determine whether the Court should:
(i) approve the proposed Settlement as fair, reasonable, and
adequate; (ii) dismiss the Action with prejudice as provided in the
Stipulation and Agreement of Settlement, dated June 4, 2021; (iii)
approve the proposed Plan of Allocation for distribution of the
proceeds of the Settlement (the "Net Settlement Fund") to Class
Members; and (iv) approve Class Counsel's Fee and Expense
Application. The Court may change the date of the Settlement
Hearing, or hold it remotely, without providing another notice.
You do NOT need to attend the Settlement Hearing to receive a
distribution from the Net Settlement Fund.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY
THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A MONETARY
PAYMENT. If you have not yet received a full Notice and Claim
Form, you may obtain copies of these documents by visiting the
website for the Settlement, www.JELD-WENSecuritiesSettlement.com,
or by contacting the Claims Administrator at:
JELD-WEN Securities Settlement
c/o Epiq Systems
P.O. Box 6397
Portland, OR 97228-6397
www.JELD-WENSecuritiesSettlement.com
855-867-0659
Inquiries, other than requests for information about the status of
a claim, may also be made to Class Counsel:
LABATON SUCHAROW LLP
James W. Johnson, Esq.
140 Broadway
New York, NY 10005
settlementquestions@labaton.com
88-219-6877
ROBBINS GELLER RUDMAN & DOWD LLP
Robert M. Rothman, Esq.
58 South Service Road, Suite 200
Melville, NY 11747
800-449-4900
If you are a Class Member, to be eligible to share in the
distribution of the Net Settlement Fund, you must submit a Claim
Form postmarked or submitted online no later than November 15,
2021. If you are a Class Member and do not timely submit a valid
Claim Form, you will not be eligible to share in the distribution
of the Net Settlement Fund, but you will nevertheless be bound by
all judgments or orders entered by the Court, whether favorable or
unfavorable.
If you are a Class Member and wish to exclude yourself from the
Class, you must submit a written request for exclusion in
accordance with the instructions set forth in the Notice so that it
is received no later than November 1, 2021. If you properly
exclude yourself from the Class, you will not be bound by any
judgments or orders entered by the Court, whether favorable or
unfavorable, and you will not be eligible to share in the
distribution of the Net Settlement Fund.
Any objections to the proposed Settlement, Class Counsel's Fee and
Expense Application, and/or the proposed Plan of Allocation must be
filed with the Court, either by mail or in person, and be mailed to
counsel for the Parties in accordance with the instructions in the
Notice, such that they are received no later than November 1, 2021.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.
DATED: August 31, 2021
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
KANAWHA COUNTY, WV: Students With Disabilities' Suit Can Proceed
----------------------------------------------------------------
WV News reports that a lawsuit on behalf of Kanawha County students
with disabilities can proceed as a class action lawsuit, U.S.
District Judge Irene C. Berger has ruled.
The decision to certify the class will affect hundreds of Kanawha
County's students with disabilities who are removed from their
classrooms for behavior related to their disabilities, officials
said. The case was filed by Mountain State Justice, Disability
Rights of West Virginia, The Arc of the United States, the Bazelon
Center for Mental Health Law, and represented pro bono by the law
firm Latham & Watkins LLP.
Berger's decision states that the plaintiffs, two individual
Kanawha County Schools students and The Arc of West Virginia, "have
provided significant evidence that [Kanawha County Schools] does
not provide the oversight, support, and resources necessary to
support students with disabilities whose behavior impedes their
learning or that of their classmates. It is clear from the
Plaintiffs' data that for many students with emotional and
intellectual disabilities, behavior issues are interfering" with
the students' ability to receive an appropriate education.
Judge Berger also stated that "[i]t is equally clear that [Kanawha
County School's] approach is not working." [GN]
LA LIBERTAD: Candelario Sues Over Unpaid Wages and Retaliation
--------------------------------------------------------------
MARIA T. CANDELARIO, individually and on behalf of all others
similarly situated, Plaintiff v. LA LIBERTAD MARKET CAFETERIA INC.,
WILLIAM LAMAS, RAMON LAMAS, Jr., and ANET LOPEZ a/k/a Ana Lopez
a/k/a Anet Lamas, Defendants, Case No. 1:21-cv-23141 (S.D. Fla.,
August 30, 2021) is a class action against the Defendants for
unpaid overtime, minimum wages, and retaliation under the Florida
law and the Florida Minimum Wage Act.
The Plaintiff was employed by the Defendants as a waitress/server
from approximately October 17, 2014 until her termination on or
about December 21, 2020.
La Libertad Market Cafeteria Inc. is a restaurant owner and
operator with its main place of business in Miami-Dade County,
Florida. [BN]
The Plaintiff is represented by:
Tanesha Blye, Esq.
Aron Smukler, Esq.
R. Martin Saenz, Esq.
SAENZ & ANDERSON, PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
Email: tblye@saenzanderson.com
asmukler@saenzanderson.com
msaenz@saenzanderson.com
LOANCARE LLC: Tederick Suit Removed to N.D. West Virginia
---------------------------------------------------------
The case styled as Gary Tederick, Lisa Tederick, individually and
on behalf of others similarly situated v. Loancare LLC, Case No.
CC-02-02021-C-213 was removed from the Circuit Court of Berkeley
County, West Virginia to the Northern District of West Virginia on
Sept. 1, 2021.
The District Court Clerk assigned Case No. 3:21-cv-00144-GMG to the
proceeding.
The nature of suit is stated as Consumer Credit.
LoanCare -- https://www.myloancare.com/ -- is a top national
subservicer, which provides loan servicing solutions that assist
the lending industry achieve optimal asset performance.[BN]
The Plaintiffs are represented by:
Stephen G. Skinner, Esq.
SKINNER LAW FIRM
PO Box 487
Charles Town, WV 25414
Phone: (304) 725-7029
Fax: (304) 725-4082
Email: sskinner@skinnerfirm.com
The Defendant is represented by:
Angela L. Beblo, Esq.
SPILMAN THOMAS & BATTLE PLLC
300 Kanawha Blvd E
P. O. Box 273
Charleston, WV 25321-0273
Phone: (304) 340-3800
Fax: (304) 340-3801
Email: abeblo@spilmanlaw.com
- and -
Debra Lee Allen
SPILMAN THOMAS & BATTLE PLLC - Morgantown
PO Box 615
Morgantown, WV 26501
Phone: (304) 291-7920
Fax: (304) 291-7979
Email: dallen@spilmanlaw.com
LUCILE PACKARD: Underpays Clinic/Medical Assistants, Rios Claims
----------------------------------------------------------------
PATRICIA RIOS, as an individual and on behalf of all others
similarly situated, Plaintiff v. LUCILE PACKARD CHILDREN'S HOSPITAL
AT STANFORD, an unknown entity; and DOES 1 through 50, inclusive,
Defendants, Case No. 21CV386232 (Cal. Sup. Ct., August 26, 2021)
alleges the Defendants of violations of the California Labor Code.
The Plaintiff has worked for the Defendant as a non-exempt and
hourly-paid Clinic/Medical Assistant at the Defendant's Sunnyvale
location from on or about December 7, 2020 until on or about June
4, 2021.
The Plaintiff asserts these claims:
-- The Defendants unlawfully failed to include sick pay and
other non-discretionary incentive wages, that she and other
similarly situated Clinic/Medical Assistants, in their regular rate
of pay for the purpose of computing overtime compensation;
-- The Defendants failed to pay wages due and owing them upon
separation from employment; and
-- The Defendants failed to provide them accurate itemized
wage statements.
The Plaintiff brings this complaint as a class action for herself
and other similarly situated Clinic/Medical Assistant to recover
unpaid wages from the Defendants, as well as damages and/or
penalties, attorneys' fees and costs, and other relief as the Court
may deem just and proper.
Lucille Packard Children's Hospital at Stanford operates a
hospital. [BN]
The Plaintiff is represented by:
William L. Mader, Esq.
POLARIS LAW GROUP, LLP
501 San Benito St., Suite 200
Hollister, CA 95023
Tel: (831) 531-4214
Fax: (831) 634-0333
- and –
Dennis S. Hyun, Esq.
HYUN LEGAL, APC
515 S. Figueroa St., Suite 1250
Los Angeles, CA 90071
Tel: (213) 488-6555
Fax: (213) 488-6554
LUCK THAI: Underpays Restaurant Workers, Chopen Suit Alleges
------------------------------------------------------------
SANTIAGO PABLO CHOPEN, on behalf of himself and all others
similarly situated, Plaintiff v. LUCK THAI BROOKLYN, INC., doing
business as LUCK THAI RESTAURANT, and THANITA SAIWANIT, Defendants,
Case No. 1:21-cv-04877 (E.D.N.Y., August 30, 2021) is a class
action against the Defendants for violations of the Fair Labor
Standards Act and the New York Labor Law by failing to compensate
the Plaintiff and similarly situated restaurant workers appropriate
minimum wages and overtime pay and failing to comply with notice
and recordkeeping requirements.
Mr. Chopen worked for the Defendants as non-exempt general helper,
food preparer, dishwasher, cleaner, and delivery person at Luck
Thai Restaurant, located at 386 Fifth Avenue, Brooklyn, New York
from June 2015 through August 18, 2021.
Luck Thai Brooklyn, Inc. is an owner and operator of a Thai
restaurant under the name Luck Thai Restaurant, located at 386
Fifth Avenue, Brooklyn, New York. [BN]
The Plaintiff is represented by:
Justin Cilenti, Esq.
Peter Hans Cooper, Esq.
CILENTI & COOPER, PLLC
200 Park Avenue, Seventeenth Floor
New York, NY 10166
Telephone: (212) 209-3933
Facsimile: (212) 209-7102
E-mail: pcooper@jcpclaw.com
LUX SKIN LAB: Tenzer-Fuchs Files ADA Suit in E.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Lux Skin Lab, LLC.
The case is styled as Michelle Tenzer-Fuchs, on behalf of herself
and all others similarly situated v. Lux Skin Lab, LLC, Case No.
2:21-cv-04937 (E.D.N.Y., Sept. 1, 2021).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Lux Skin Lab -- https://luxskinlab.com/ -- is a specialist in
Custom Beauty & Medical Innovation.[BN]
The Plaintiff is represented by:
Jonathan Shalom, Esq.
SHALOM LAW, PLLC
105-13 Metropolitan Avenue
Forest Hills, NY 11375
Phone: (718) 971-9474
Email: jonathan@shalomlawny.com
MAP COMMUNICATIONS: Brutout Wage-and-Hour Suit Goes to S.D. Cal.
----------------------------------------------------------------
The case styled LEEANN BRUTOUT, individually and on behalf of all
others similarly situated v. MAP COMMUNICATIONS, INC.; and DOES 1
through 10, inclusive, Case No. 37-2021-00031329-CU-OE-CTL, was
removed from the Superior Court of California, County of San Diego,
to the U.S. District Court for the Southern District of California
on August 30, 2021.
The Clerk of Court for the Southern District of California assigned
Case No. 3:21-cv-01533-TWR-AGS to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages, failure to pay
overtime wages, failure to pay meal period premiums, failure to pay
rest period premiums, failure to reimburse necessary business
expenses, failure to pay wages upon termination, and failure to
maintain compliant wage statement.
Map Communications, Inc. is a nationwide provider of phone
answering services and call center solutions, headquartered in
Chesapeake, Virginia. [BN]
The Defendant is represented by:
Maria C. Rodriguez, Esq.
Christopher Braham, Esq.
MCDERMOTT WILL & EMERY LLP
2049 Century Park East, Suite 3200
Los Angeles, CA 90067-3206
Telephone: (310) 277-4110
Facsimile: (310) 277-4730
E-mail: mcrodriguez@mwe.com
cbraham@mwe.com
NESTLE PURINA: Pet Foods' Label "Misleading," Barker Suit Claims
----------------------------------------------------------------
MICHELLE BARKER, SUSANNA GRIGOLI, and CARRIE CARTER on behalf of
themselves and all others similarly situated, Plaintiffs v. NESTLE
PURINA PETCARE COMPANY, Defendant, Case No. 4:21-cv-01075 (E.D.
Mo., August 30, 2021) is a class action against the Defendant for
breach of express warranty, breach of implied warranty of
merchantability, unjust enrichment, and violations of the Missouri
Merchandising Practices Act, the Georgia Fair Business Practices
Act, the Florida Deceptive and Unfair Trade Practices Act, and the
Virginia Consumer Protection Act.
According to the complaint, the Defendant is engaged in false,
deceptive, and misleading advertising, labeling, and marketing of
limited-ingredient pet foods, including (1) Purina Pro Plan Adult
Sensitive Skin & Stomach Salmon & Rice Formula; (2) Purina Pro Plan
Adult Sensitive Skin & Stomach Lamb & Oat Meal Formula; and (3)
Purina Beneful Grain Free with Farm-Raised Chicken accented with
Blueberries, Pumpkin and Spinach. The Defendant represented the pet
foods to be "grain free" or made with "No corn, wheat or soy." The
Plaintiffs and Class members were damaged because they would not
have purchased or would not have paid a premium for the Defendant's
dog foods had they known the true facts regarding their
ingredients, says the suit.
Nestle Purina Petcare Company is a pet food manufacturer with its
principal office in St. Louis, Missouri. [BN]
The Plaintiffs are represented by:
John F. Edgar, Esq.
EDGAR LAW FIRM LLC
2600 Grand Blvd., Suite 400
Kansas City, MO 64108
Telephone: (816) 531-0033
E-mail: jfe@edgarlawfirm.com
- and –
Jeffrey S. Goldenberg, Esq.
Todd Naylor, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8291
E-mail: tnaylor@gs-legal.com
jgoldenberg@gs-legal.com
- and –
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
MASON LIETZ & KLINGER LLP
5101 Wisconsin Avenue NW, Suite 305
Washington, DC 20016
Telephone: (202) 640-1160
E-mail: gmason@masonllp.com
dperry@masonllp.com
- and –
Charles E. Schaffer, Esq.
David C. Magagna Jr., Esq.
LEVIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
dmagagna@lfsblaw.com
- and –
Jonathan Shub, Esq.
Kevin Laukaitis, Esq.
SHUB LAW FIRM, LLC
134 Kings Hwy. E., 2nd Floor
Haddonfield, NJ 08033
Telephone: (856) 772-7200
E-mail: jshub@shublawyers.com
klaukaitis@shublawyers.com
NOVATION COMPANIES: Approval of Settlement in NJCHF Suit Appealed
-----------------------------------------------------------------
Novation Companies, Inc. said in its Form 10-Q Report filed with
the Securities and Exchange Commission on August 11, 2021, for the
quarterly period ended June 30, 2021, that the objector's appeal on
the court's order approving the settlement of the class action
lawsuit initiated by the New Jersey Carpenters' Health Fund, is
still pending.
On May 21, 2008, a purported class action case was filed in the
Supreme Court of the State of New York, New York County, by the New
Jersey Carpenters' Health Fund, on behalf of itself and all others
similarly situated.
Defendants in the case included NovaStar Mortgage Funding
Corporation (NMFC) and NovaStar Mortgage, Inc. ("NMI"),
wholly-owned subsidiaries of the Company, and NMFC's individual
directors, several securitization trusts sponsored by the Company
("affiliated defendants") and several unaffiliated investment banks
and credit rating agencies.
The case was removed to the United States District Court for the
Southern District of New York. On June 16, 2009, the plaintiff
filed an amended complaint.
Plaintiff seeks monetary damages, alleging that the defendants
violated Sections 11, 12 and 15 of the Securities Act of 1933, as
amended, by making allegedly false statements regarding mortgage
loans that served as collateral for securities purchased by
plaintiff and the purported class members.
On August 31, 2009, the Company filed a motion to dismiss
plaintiff's claims, which the court granted on March 31, 2011, with
leave to amend.
Plaintiff filed a second amended complaint on May 16, 2011, and the
Company again filed a motion to dismiss. On March 29, 2012, the
court dismissed plaintiff's second amended complaint with prejudice
and without leave to replead. Plaintiff filed an appeal.
On March 1, 2013, the United States Court of Appeals for the Second
Circuit (the "Appellate Court") reversed the judgment of the lower
court, which had dismissed the case.
Also, the Appellate Court vacated the judgment of the lower court
which had held that plaintiff lacked standing, even as a class
representative, to sue on behalf of investors in securities in
which plaintiff had not invested, and the appellate court remanded
the case back to the lower court for further proceedings.
On April 23, 2013 plaintiff filed its memorandum with the lower
court seeking a reconsideration of the earlier dismissal of
plaintiff's claims as to five offerings in which plaintiff was not
invested, and on February 5, 2015 the lower court granted
plaintiff's motion for reconsideration and vacated its earlier
dismissal.
On March 8, 2017, the affiliated defendants and all other parties
executed an agreement to settle the action, with the contribution
of the affiliated defendants to the settlement fund being paid by
their insurance carriers.
The court certified a settlement class and granted preliminary
approval to the settlement on May 10, 2017. One member of the
settlement class objected to the settlement and sought a stay of
the final settlement approval hearing on the ground that it did not
receive notice of the settlement and had no opportunity to timely
opt out of the class.
After the court rejected the motion for a stay, the objector filed
an appeal and requested a stay of the district court proceedings
pending disposition of the appeal. The court of appeals denied the
temporary stay of the district court proceedings and on October 19,
2018 dismissed the appeal as moot.
Following the court of appeals' denial of the objector's petition
for rehearing, the district court on March 7, 2019 held a fairness
hearing. On March 8, 2019, the district court issued a memorandum
and order approving the settlement as fair, reasonable and
adequate, and dismissing the action with prejudice.
Following entry of judgment, the objector filed a notice of appeal
on March 26, 2019 and their opening brief was filed on June 28,
2019. The defendants answered on September 27, 2019, and the
objector replied on October 18, 2019.
Oral argument was held on February 19, 2020.
Novation said, "Assuming the settlement approval becomes final,
which is expected, the Company will incur no loss. The Company
believes that the Affiliated Defendants have meritorious defenses
to the case and, if the settlement approval does not become final,
expects them to defend the case vigorously."
No further updates were provided in the Company's SEC report.
Novation Companies, Inc., through its subsidiary, Healthcare
Staffing, Inc., provides outsourced health care staffing and
related services primarily to Community Service Boards in Georgia.
It also owns a portfolio of mortgage securities. The company was
formerly known as NovaStar Financial, Inc. and changed its name to
Novation Companies, Inc. in May 2012. Novation Companies, Inc. was
founded in 1996 and is based in Kansas City, Missouri.
PHOENIX FINANCIAL: Suissa Files FDCPA Suit in S.D. Florida
----------------------------------------------------------
A class action lawsuit has been filed against Phoenix Financial
Services LLC, et al. The case is styled as Israel Suissa,
individually and on behalf of all others similarly situated v.
Phoenix Financial Services LLC, Pendrick Capital Partners II, LLC,
Case No. 0:21-cv-61842-XXXX (S.D. Fla., Aug. 31, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Phoenix Financial -- https://www.phoenixfinancialsvcs.com/ -- is a
debt collection agency.[BN]
The Plaintiff is represented by:
Justin E. Zeig, Esq.
ZEIG LAW FIRM, LLC
3475 Sheridan Street, Suite 310
Hollywood, FL 33024
Phone: (754) 217-3084
Email: justin@zeiglawfirm.com
POFI CONSTRUCTION: Ortiz et al. Sue Over Failure to Pay OT Wages
----------------------------------------------------------------
DANIEL ORTIZ, JORGE MENDOZA, and ERLIN MENDOZA, individually and on
behalf of all others similarly situated, Plaintiffs v. POFI
CONSTRUCTION, CORP. and PORFIRIO BENJAMIN GARCIA, as an individual,
Defendants, Case No. 1:21-cv-07202 (S.D.N.Y., August 26, 2021)
brings this class and collective action complaint against the
Defendants to recover damages for their alleged egregious
violations of the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiffs were employed by the Defendants to perform their
duties and other miscellaneous duties - Daniel Ortiz from in or
around June 2020 until in or around January 2021 as a carpenter,
laborer, and cement mason, Jorge Mendoza from in or around June
2020 until in or around February 2021 as a demolition worker,
laborer, and cement mason, and Erlin Mendoza from in or around June
2020 until in or around February 2021.
The Plaintiffs assert that despite working more than 40 hours per
week, the Defendants did not pay them and other similarly situated
construction workers overtime compensation at the rate of one and
one-half times their regular rate of pay for all hours worked in
excess of 40 per week. The Defendants also failed to keep accurate
and complete records for all hours they have worked, and failed to
provide them with wage statements upon each payment of wages, added
the Plaintiffs.
Pofi Construction, Corp. is a construction company owned and
operated by Porfirio Benjamin Garcia. [BN]
The Plaintiffs are represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Tel: (718) 263-9591
PORTLAND GENERAL: March 11, 2022 Settlement Fairness Hearing Set
----------------------------------------------------------------
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
IN RE PORTLAND GENERAL ELECTRIC
COMPANY SECURITIES LITIGATION
Case No. 3:20-cv-1583-SI
CLASS ACTION
SUMMARY NOTICE
TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED PGE COMMON
STOCK BETWEEN FEBRUARY 13, 2020 AND AUGUST 24, 2020, INCLUSIVE:
YOU ARE HEREBY NOTIFIED that, pursuant to an Order of the United
States District Court for the District of Oregon, a hearing will be
held on March 11, 2022, at 10:00 a.m., before the Honorable Michael
H. Simon, United States District Judge, at the United States
Courthouse, 1000 Southwest Third Avenue, Portland, Oregon 97204, to
determine: (1) whether a proposed Settlement of In Re Portland
General Electric Company Securities Litigation Case No.
3:20-cv-1583-SI (D.Or) (the "Action") including the sum of Six
Million Seven Hundred Fifty Thousand ($6,750,000.00) in cash should
be approved by the Court as fair, reasonable, and adequate, which
would result in this Action being dismissed with prejudice and will
prevent Settlement Class Members from ever being part of any other
lawsuit against the Defendants (and parties related to them) about
the legal claims being resolved by this Settlement, as set forth in
the Stipulation of Settlement dated July 11, 2021; (2) whether, for
purposes of the proposed Settlement only, the Action should be
certified as a class action on behalf of the Settlement Class,
Plaintiff should be certified as Class Representative for the
Settlement Class, and Lead Counsel should be appointed as Class
Counsel for the Settlement Class; (3) whether the Plan of
Allocation of settlement proceeds is fair, reasonable, and adequate
and therefore should be approved; and (4) whether Plaintiffs'
Counsel should be awarded attorneys' fees and expenses incurred in
connection with this Action, together with interest thereon, and
whether the Lead Plaintiff should receive an award of its costs and
expenses in representing the Settlement Class. Those matters will
be addressed by the Court at the Settlement Hearing to be held on
March 11, 2022.
If you purchased or otherwise acquired PGE common stock during the
Class Period (February 13, 2020 to August 24, 2020), your rights
may be affected by this Action and the Settlement thereof. If you
have not received a detailed Notice of Pendency and Proposed
Settlement of Class Action ("Notice") and a copy of the Proof of
Claim and Release form ("Proof of Claim"), you may obtain copies
either by downloading this information at
www.portlandgeneralelectricsettlement.com or by writing to Portland
General Electric Securities Settlement c/o Epiq PO Box 4636
Portland, OR 97208-4636. If you are a Settlement Class Member, in
order to share in the distribution of the Net Settlement Fund, you
must submit a Proof of Claim form by mail (postmarked no later than
December 21, 2021), or online at
www.portlandgeneralelectricsettlement.com (submitted no later than
December 21, 2021), establishing that you are entitled to a
recovery. You will be bound by any judgment rendered in the Action
unless you request to be excluded, in writing, such that it is
postmarked no later than February 11, 2022, in the manner and form
explained in the detailed Notice referred to above.
If you are a Settlement Class Member and wish to exclude yourself
from the Settlement Class, you must submit a request for exclusion
such that it is postmarked no later than February 11, 2022, in
accordance with the instructions set forth in the Notice. If you
ask to be excluded, you will not get any payment from the
Settlement, and you cannot object to the Settlement. You will not
be legally bound by anything that happens in the lawsuit, and you
may be able to sue the Defendants and Related Parties about the
Settlement Class's Released Claims in the future. If you want to
bring your own lawsuit based on the matters alleged in this Action,
you may want to consult an attorney and discuss whether any
individual claim that you may wish to pursue would be time-barred.
Any objection to any aspect of the Settlement, the Plan of
Allocation, and/or Lead Counsel's fee and expense application must
be filed with the Court and mailed or delivered to the following
address, or electronically filed with the Court via their CM/ECF
system, such that they are received no later than February 11,
2022, in accordance with the instructions set forth in the Notice.
Requests for the Notice and Proof of Claim form should be made to
the Claims Administrator:
Portland General Electric Securities Settlement
c/o Epiq
PO Box 4636
Portland, OR 97208-4636
Inquiries, other than requests for the Notice and Proof of Claim
form, may be made to Lead Counsel:
GRANT & EISENHOFER P.A.
Daniel L. Berger
485 Lexington Avenue
New York, New York 10017
Tel.: (646) 722-8500
Fax: (646) 722-8501
Email: dberger@gelaw.com
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE.
DATED: August 30, 2021
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON [GN]
POWER SOLUTIONS: Treadwell Class Action Remains Stayed
------------------------------------------------------
Power Solutions International, Inc. said in its Form 10-Q Report
filed with the Securities and Exchange Commission on August 11,
2021, for the quarterly period ended June 30, 2021, that the class
action suit initiated by Jerome Treadwell remains stayed.
In October 2018, a putative class-action complaint was filed
against the Company and NOVAtime Technology, Inc. in the Circuit
Court of Cook County, Illinois. In December 2018, NOVAtime removed
the case to the U.S. District Court for the Northern District of
Illinois, Eastern Division under the Class Action Fairness Act.
Plaintiff has since voluntarily dismissed NOVAtime from the lawsuit
without prejudice and filed an amended complaint in April 2019.
The operative, amended complaint asserts violations of the Illinois
Biometric Information Privacy Act ("BIPA") in connection with
employees' use of the time clock to clock in and clock out using a
finger scan and seeks statutory damages, attorneys' fees, and
injunctive and equitable relief. An aggrieved party under BIPA may
recover (i) $1,000 per violation if the Company is found to have
negligently violated BIPA or (ii) $5,000 per violation if the
Company is found to have intentionally or recklessly violated BIPA
plus reasonable attorneys' fees.
In May 2019, the Company filed its motion to dismiss the
plaintiff's amended complaint.
In December 2019, the court denied the Company's motion to dismiss.
In January 2020, the Company moved for reconsideration of the
court's order denying the motion to dismiss, or in the alternative,
to stay the case pending the Illinois Appellate Court's ruling in
McDonald v. Symphony Healthcare on a legal question that would be
potentially dispositive in this matter.
In February 2020, the court denied the Company's motion for
reconsideration, but required the parties to submit additional
briefing on the Company's motion to stay.
In April 2020, the court granted the Company's motion to stay and
stayed the case pending the Illinois Appellate Court's ruling in
McDonald v. Symphony Healthcare.
In October 2020, after the McDonald ruling, the court granted the
parties' joint request to continue the stay of the case for 60
days.
The court also ordered the parties to schedule a settlement
conference with the Magistrate Judge in May 2021 which went forward
without a settlement being reached. The stay remains in place
pending further guidance from the Court.
As of June 30, 2021 and December 31, 2020, the Company had recorded
an estimated liability of $0.3 million related to the potential
settlement of this matter.
Power Solutions International, Inc. designs, engineers,
manufactures, markets, and sells engines and power systems
primarily in North America, the Pacific Rim, and Europe. Power
Solutions International, Inc. was founded in 1985 and is
headquartered in Wood Dale, Illinois.
PROSPECT HOME: Faces Garcia-Cortez Suit Over Telephonic Sales Calls
-------------------------------------------------------------------
AMINNETTE GARCIA-CORTEZ, individually and on behalf of all, others
similarly situated, v. PROSPECT HOME FINANCE, INC., Case No.
132967094 (Fla. Cir., Miami-Dade Cty., Aug. 18, 2021) is a class
action under the Florida Telephone Solicitation Act.
The Plaintiff contends that the Defendant's telephonic sales calls
have caused her and the Class members harm, including violations of
their statutory rights, statutory damages, annoyance, nuisance, and
invasion of their privacy.
Since on or about July 6, 2021, the Defendant has continued to send
telephonic sales calls to Plaintiff's cellular telephone number,
the lawsuit says.
Through this action, she seeks an injunction and statutory damages
on behalf of himself and the Class members, and any other available
legal or equitable remedies resulting from the alleged unlawful
actions of Defendant.
The Plaintiff brings this lawsuit as a class action on behalf of
himself individually and on behalf of all other similarly situated
persons as a class action pursuant to Florida Rule of Civil
Procedure 1.220(b)(2) and (b)(3).
The Defendant is a mortgage lender licensed to do business in
Arizona, California, Colorado, Florida, Michigan, Oregon, South
Dakota, and Washington.[BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
PROUD MOMENTS: Malkin Seeks Unpaid Wages, Missing Wage Statements
-----------------------------------------------------------------
Tzirel Malkin, on behalf of herself and all other persons similarly
situated, Plaintiff, v. Proud Moments Licensed Behavior Analysts,
PLLC, Defendant, Case No. 21-cv-04834 (E.D. N.Y., August 26, 2021),
seeks compensation for wages paid at less than the statutory
minimum wage, unpaid wages for overtime work for which they did not
receive overtime premium pay as required by law, compensation to
pay wages for all hours worked, redress for failure to provide wage
statements and liquidated damages pursuant to the Fair Labor
Standards Act and New York labor laws.
Proud Moments operates a behavioral health organization that
employs Behavior Analysts and Licensed Behavior Analysts in at
least ten states, including New York, to work with autistic
children either at home, school or onsite in a Proud Moments
facility. Malkin has worked as a Licensed Behavioral Analyst since
October 2015. [BN]
Plaintiff is represented by:
Daniel Valles, Esq.
VALLES LAW, P.C.
1885 Pacific Avenue, Ste. 103
San Francisco, CA 94109
Telephone: (415) 234-0086
Facsimile: (510) 369-2075
RECEIVABLES MANAGEMENT: Moore Files FDCPA Suit in N.D. Illinois
---------------------------------------------------------------
A class action lawsuit has been filed against Receivables
Management Partners, LLC. The case is styled as La Shandra D.
Moore, individually, and on behalf of all others similarly situated
v. Receivables Management Partners, LLC, Case No. 1:21-cv-04665
(N.D. Ill., Aug. 31, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Receivables Management Partners -- https://www.receivemorermp.com/
-- is an award-winning healthcare financial services firm, RMP
provides A/R management assistance for medical providers to focus
on patients instead of payment.[BN]
The Plaintiff is represented by:
Victor Thomas Metroff, Esq.
SULAIMAN LAW GROUP, LTD.
2500 S. Highland Avenue, Suite 200
Lombard, IL 60148
Phone: (331) 307-7646
Fax: (630) 575-8188
Email: vmetroff@sulaimanlaw.com
RIVER WALK: Faces Miguel Suit Over Failure to Pay Overtime Wages
----------------------------------------------------------------
PAULINO RANGEL MIGUEL, individually and on behalf of all others
similarly situated, Plaintiff v. RIVER WALK BAR & GRILLE, INC. and
JOHN ALFRED MOLESI, as individuals, Defendants, Case No.
1:21-cv-04828 (E.D.N.Y., August 26, 2021) is a collective action
complaint brought against the Defendants to recover damages for
their alleged egregious violations of the Fair Labor Standards Act
and the New York Labor Law.
The Plaintiff was employed by the Defendants from in or around May
2019 until in or around October 2019 and from in or around July
2020 until in or around July 2021 as a cook, dishwasher, cleaner,
and performing other miscellaneous duties.
According to the complaint, the Plaintiff and other similarly
situated workers worked more than 40 hours per week throughout
their employment with the Defendants. The Plaintiff worked
approximately 65 or more hours per week. However, the Defendants
deprived them of their lawfully earned overtime compensation at the
rate of one and one-half times their regular rate of pay for all
hours worked in excess of 40 per workweek, as well as
spread-of-hours pay and/or an extra hour at the legally prescribed
minimum wage for each day worked over 10 hours. Moreover, the
Defendants failed to keep accurate payroll records, and to post
notices of the minimum wage and overtime wage requirements in a
conspicuous place at the location of their employment, the suit
says.
River Walk Bar & Grille, Inc. operates a restaurant owned by John
Alfred Molesi. [BN]
The Plaintiff is represented by:
Roman Avshalumov, Esq.
HELEN F. DALTON & ASSOCIATES, P.C.
80-02 Kew Gardens Road, Suite 601
Kew Gardens, NY 11415
Tel: 718-263-9591
RIVIERA BRONZE: Faces Zamora Wage-and-Hour Suit in California
-------------------------------------------------------------
RAUL ZAMORA, on behalf of himself and all others similarly
situated, Plaintiff v. RIVIERA BRONZE MFG, LLC; RIVIERA BRONZE MFG,
INC.; CORNERSTONE CAPITAL PARTNERS, INC.; and DOES 1 through 50,
inclusive, Defendants, Case No. 21STCV31810 (Cal. Super., Los
Angeles Cty., August 27, 2021) is a class action against the
Defendants for violations of the California Labor Code and the
California Business and Professions Code including failure to
provide meal periods, failure to provide rest periods, failure to
pay premium wages for missed meal and/or rest periods, failure to
pay premium wages for missed meal and/or rest periods at the
regular rate of pay, failure to pay at least minimum wage for all
hours worked, failure to pay overtime wages at the correct rate,
failure to pay double time wages at the correct rate, failure to
pay overtime and/or double time wages by failing to include all
applicable remuneration in calculating the regular rate of pay,
failure to pay for all vested vacation pay, failure to reimburse
for all necessary business expenses, failure to provide accurate
written wage statements, and failure to pay all final wages
following separation of employment.
The Plaintiff worked for the Defendants as an hourly, non-exempt
employee.
Riviera Bronze MFG, LLC is a designer and manufacturer of custom
steel windows and steel doors based in California.
Riviera Bronze MFG, Inc. is a designer and manufacturer of custom
steel windows and steel doors based in California.
Cornerstone Capital Partners, Inc. is a private investment firm,
headquartered in New York. [BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
David Keledjian, Esq.
Shane R. Farley, Esq.
SETAREH LAW GROUP
9665 Wilshire Boulevard, Suite 430
Beverly Hills, CA 90212
Telephone: (310) 888-7771
Facsimile: (310) 888-0109
E-mail: shaun@setarehlaw.com
david@setarehlaw.com
ROCKVILLE CENTER ASSESSOR: Nola-Castagna Files Suit in NY Sup. Ct.
------------------------------------------------------------------
A class action lawsuit has been filed against The Assessor of the
Village of Rockville Centre, et al. The case is styled as Francine
Nola-Castagna, all other similarly situated Petitioners on the
annexed SCHEDULE A, Petitioner v. The Assessor of the Village of
Rockville Centre, The Board of Assessment Review of the Village of
Rockville Centre, Respondents, Case No. 611203/2021 (N.Y. Sup. Ct.,
Nassau Cty., Aug. 31, 2021).
The case type is stated as SP-CPLR Article 78 (Body or Officer) for
Notice of Petition.
The Assessor of the Village of Rockville Centre --
https://www.rvcny.gov/tax-office -- issues property tax assessments
and exemptions.[BN]
The Petitioner is represented by:
Gianna Lyn Rey, Esq.
132 Spruce St
Cedarhurst, NY 11516-1915
SECURITY CREDIT: Oliveros Files FDCPA Suit in N.D. Illinois
-----------------------------------------------------------
A class action lawsuit has been filed against Security Credit
Services, LLC, et al. The case is styled as Diane Oliveros,
individually and on behalf of all others similarly situated v.
Security Credit Services, LLC, John Does 1-25, Case No.
1:21-cv-04660 (N.D. Ill., Aug. 31, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Security Credit Services LLC is a nationally known and trusted
investment firm which purchases both performing and non-performing
assets.[BN]
The Plaintiff is represented by:
Raphael Deutsch, Esq.
STEIN SAKS, PLLC
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: rdeutsch@steinsakslegal.com
SODEXO INC: Arias Wage-and-Hour Suit Goes to C.D. California
------------------------------------------------------------
The case styled MICHELLE ARIAS, individually and on behalf of all
others similarly situated v. SODEXO, INC.; SDH SERVICES WEST, LLC;
and DOES 1 through 100, inclusive, Case No. 21STCV26631, was
removed from the Superior Court of California in and for the County
of Los Angeles to the U.S. District Court for the Central District
of California on August 27, 2021.
The Clerk of Court for the Central District of California assigned
Case No. 2:21-cv-06925 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay overtime wages, failure to provide
meal periods, failure to provide rest periods, failure to pay all
wages upon termination, failure to provide accurate wage
statements, and unfair business practices.
Sodexo, Inc. is a provider of facilities management and food
services, headquartered in Maryland.
SDH Services West, LLC is a wholly-owned subsidiary of
Maryland-based Sodexo, Inc. [BN]
The Defendants are represented by:
Jeffrey D. Wohl, Esq.
Jana B. Fitzgerald, Esq.
PAUL HASTINGS LLP
101 California Street, 48th Floor
San Francisco, CA 94111
Telephone: (415) 856-7000
Facsimile: (415) 856-7100
E-mail: jeffwohl@paulhastings.com
janafitzgerald@paulhastings.com
SOUNDHOUND INC: Carpenter BIPA Suit Removed to N.D. Illinois
------------------------------------------------------------
The case styled SHANNON CARPENTER, individually and on behalf of
all others similarly situated v. SOUNDHOUND, INC., Case No.
2021CH03346, was removed from the Circuit Court of Cook County,
Illinois, to the U.S. District Court for the Northern District of
Illinois on August 27, 2021.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:21-cv-04614 to the proceeding.
The case arises from the Defendant's alleged violations of the
Illinois Biometric Information Privacy Act by collecting voiceprint
biometrics through its Houndify voice assistant technology used on
Pandora Media Inc.'s mobile application.
SoundHound, Inc. is an audio and speech recognition company,
headquartered in Santa Clara, California. [BN]
The Defendant is represented by:
Molly K. McGinley, Esq.
Kenn Brotman, Esq.
K&L GATES LLP
70 West Madison Street, Suite 3300
Chicago, IL 60602-4207
Telephone: (312) 372-1121
Facsimile: (312) 827-8108
E-mail: molly.mcginley@klgates.com
kenn.brotman@klgates.com
SPCP GROUP: Liable to KPC ESOP Losses, Gamino Suit Alleges
----------------------------------------------------------
DANIELLE GAMINO, individually and on behalf of all others similarly
situated, Plaintiff v. SPCP GROUP, LLC, Defendant, and KPC
HEALTHCARE, INC. EMPLOYEE STOCK OWNERSHIP PLAN, Nominal Defendant,
Case No. 5:21-cv-01466 (C.D. Cal., August 27, 2021) is a class
action against the Defendant for breaches of fiduciary duties and
transactions under the Employee Retirement Income Security Act of
1974.
According to the complaint, the Defendant breached its fiduciary
duties to the Employee Stock Ownership Plan (ESOP) and its
participants by approving a transaction on August 28, 2015, wherein
100 percent of the stock of KPC Healthcare Holdings, Inc. was sold
to the ESOP. The transaction was not designed to be in the best
interests of the ESOP participants and caused the ESOP to pay in
excess of fair market value. As a result of the Defendant's alleged
misconduct, the Plaintiff and other ESOP participants have received
less in their ESOP accounts based on the same per share purchase
price of KPC stock and continue to suffer such losses in the
present.
SPCP Group, LLC is an investment management firm located in
Delaware.
KPC Healthcare, Inc. Employee Stock Ownership Plan is an employee
pension benefit plan administered in California. [BN]
The Plaintiff is represented by:
R. Joseph Barton, Esq.
BLOCK & LEVITON LLP
1735 20th Street, N.W.
Washington, DC 20009
Telephone: (202) 734-7046
Facsimile: (617) 507-6020
E-mail: jbarton@blockleviton.com
STREETSTRIDER INT'L: Gonzalez Sues Over Unsolicited Sales Calls
---------------------------------------------------------------
Bryant Gonzalez, individually and on behalf of all, others
similarly situated v. STREETSTRIDER INTERNATIONAL, LLC, Case No.
132982061 (Fla. 11th Judicial Cir. Ct., Miami-Dade Cty., Aug. 19,
2021), is brought under the Florida Telephone Solicitation Act.
The complaint alleges that to promote its products and goods, the
Defendant engages in telephonic sales calls to consumers without
having secured prior express written consent as required by the
FTSA. The Defendant's telephonic sales calls have caused the
Plaintiff and the Class members harm, including violations of their
statutory rights, statutory damages, annoyance, nuisance, and
invasion of their privacy. Through this action, the Plaintiff seeks
an injunction and statutory damages on behalf of himself and the
Class members and any other available legal or equitable remedies
resulting from the unlawful actions of the Defendant, says the
complaint.
The Plaintiff is a citizen and resident of Miami-Dade County,
Florida.
The Defendant manufactures and sells indoor/outdoor elliptical
bicycles.[BN]
The Plaintiff is represented by:
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 East Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Phone: 954.400.4713
Email: mhiraldo@hiraldolaw.com
STRIDE INC: Bid to Dismiss K12 Inc Securities Litigation Pending
----------------------------------------------------------------
Stride, Inc. said in its Form 10-K report filed with the U.S.
Securities and Exchange Commission on August 11, 2021, for the
fiscal year ended June 30, 2021, that the motion to dismiss filed
in the putative class action suit entitled, In re K12 Inc.
Securities Litigation, Case No. 1:20-cv-01419, is pending.
On November 19 and December 11, 2020, respectively, two putative
securities class action lawsuits captioned Yun Chau Lee v. K12
Inc., et al, Case No. 1:20-cv-01419, and Jennifer Baig v. K12 Inc.,
et al, Case No. 1:20-cv-01528 were filed against the Company, one
of its current officers, and one of its former officers in the
United States District Court for the Eastern District of Virginia,
purportedly on behalf of a class of persons who purchased or
otherwise acquired the Company's common stock between April 27,
2020 and September 18, 2020, inclusive.
On February 17, 2021, the Court consolidated the Lee Case and the
Baig Case under the caption In re K12 Inc. Securities Litigation,
Case No. 1:20-cv-01419, and appointed a lead plaintiff.
The lead plaintiff filed a consolidated amended complaint on April
5, 2021, alleging violations by the Company and the individual
defendants of Section 10(b) of the Exchange Act, and Rule 10b-5
promulgated under the Exchange Act, and violations by the
individual defendants of Section 20(a) of the Exchange Act.
The complaint alleges, among other things, that the Company and the
individual defendants made false or misleading statements and/or
omitted to disclose material facts concerning its technological
capabilities and expertise to support increased demand for virtual
and blended education related to the global emergence of COVID-19,
its cybersecurity protocols and protections, and its administrative
support and training to teachers, students, and parents.
The complaint seeks unspecified monetary damages and other relief.
The Company filed a motion to dismiss the complaint in its entirety
on May 20, 2021, and a decision on the motion remains outstanding.
Stride, Inc. is an education services company providing online and
blended learning. The company's technology-based products and
services enable its clients to attract, enroll, educate, track
progress, and support students on a scalable basis. These products
and services, spanning curriculum, systems, instruction, and
support services are designed to help learners reach their
educational goals through inspired teaching and personalized
learning. The company is based in Herndon, Virginia.
T-MOBILE USA: Akins Files Suit in W.D. Washington
-------------------------------------------------
A class action lawsuit has been filed against T-Mobile USA Inc. The
case is styled as Timothy Akins, Tara Millhouse, Pamela Lane,
Cedric Gay, Lori Williams, Bryan Morton, Sajan George, Cynthia
Halton, Sean Jordan, Terri Marble, individually and on behalf of
all others similarly situated v. T-Mobile USA Inc., Case No.
2:21-cv-01179-JLR (W.D. Wash., Aug. 31, 2021).
The nature of suit is stated as Other Fraud.
T-Mobile US, Inc., doing business under the global brand name
T-Mobile -- http://www.t-mobile.com/-- is an American wireless
network operator.[BN]
The Plaintiffs are represented by:
Wright A. Noel, Esq.
CARSON & NOEL PLLC
20 SIXTH AVENUE NORTHEAST
ISSAQUAH, WA 98027
Phone: (425) 395-7786
Email: wright@carsonnoel.com
TEXAS: Bennett Sues Over Collecting Dues From Attorney Members
--------------------------------------------------------------
ROBERT S. BENNETT, NACHAEL FOSTER, and ANDREW BAYLEY, individually
and on behalf of all others similarly situated, Plaintiffs v. STATE
BAR OF TEXAS aka the "TEXAS BAR" and culpable officials within it,
Defendants, Case No. 4:21-cv-02829 (S.D. Tex., August 30, 2021) is
a class action against the Defendants for First Amendment
violations, money had and received, and unjust enrichment.
In this class action, the Plaintiffs and Class members assert First
Amendment claims against the Defendants for continually demanding
full dues payments from attorney members despite receiving ample
notice from the U.S. Supreme Court that members are not to be
coerced into funding expenditures that are not germane to the
permissible purposes of a mandatory bar. The Plaintiffs and Class
members seek relief including but not limited to: providing Class
members with a refund of the full amount paid in membership dues to
the Defendants during recent years, plus court costs, damages and
expenses including attorney's fees; and any additional relief to be
determined by the court.
State Bar of Texas, also known as the Texas Bar, is an agency of
the judiciary under the administrative control of the Texas Supreme
Court. [BN]
The Plaintiffs are represented by:
Rich Robins, Esq.
ROBINS LEGAL SERVICES, LLC
2450 Louisiana St. #400-155
Houston, TX 77006
Telephone: (832) 350-1030
Facsimile: (713) 574-6279
E-mail: Rich@TexasBarSunset.com
UNITED PARCEL: Ulricksen Labor Suit Removed to N.D. California
--------------------------------------------------------------
The case styled MATTHEW C. ULRICKSEN, SHANE BARLOW, JAMES A. JONES,
JOSHUA STUART, on behalf of themselves and all others similarly
situated v. UNITED PARCEL SERVICE, INC. an Ohio Corporation, aka
UPS; WILLIAM W. TURMAN; and DOES 1 through 100, inclusive, Case No.
C21-01226, was removed from the Superior Court of the State of
California for the County of Contra Costa to the U.S. District
Court for the Northern District of California on August 27, 2021.
The Clerk of Court for the Northern District of California assigned
Case No. 4:21-cv-06653 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California Business and Professions
Code including failure to pay minimum wages, failure to furnish
accurate itemized wage statements, and unfair and unlawful business
acts and practices.
United Parcel Service, Inc. is an American multinational shipping
and receiving and supply chain management company, headquartered in
Atlanta, Georgia. [BN]
The Defendant is represented by:
Elizabeth A. Brown, Esq.
Jennifer Svanfeldt, Esq.
Talar Tavlian, Esq.
Matthew W. Morris, Esq.
GBG LLP
601 Montgomery Street, Suite 1150
San Francisco, CA 94111
Telephone: (415) 603-5000
Facsimile: (415) 840-7210
E-mail: lisabrown@gbgllp.com
jensvanfeldt@gbgllp.com
talartavlian@gbgllp.com
mattmorris@gbgllp.com
VENTURA MEDSTAFF: Faces Lambert Employment Suit in Calif. State Ct.
-------------------------------------------------------------------
A class action lawsuit has been filed against Ventura Medstaff LLC.
The case is captioned as Jessica Lambert, on behalf of herself and
others similarly situated v. Ventura Medstaff LLC, Case No.
STK-CV-UOE-2021-0007806 (Cal. Super., San Joaquin Cty., Aug. 18,
2021).
The lawsuit is brought over Defendant's alleged employment
violations.
The case is assigned to the Hon. Judge Jayne Lee. A case management
conference will be held on Feb. 15, 2022.
Ventura Medstaff provides healthcare staffing.[BN]
The Plaintiff, on behalf of herself and others similarly situated,
is represented by:
Ashkan Shakouri, Esq.
Shakouri Law Firm
11601 Wilshire Blvd., Fl. 5
Los Angeles, CA 90025-1995
Telephone: (310) 575-1827
Facsimile: (310) 575-1890
E-mail: ash@shakourilawfirm.com
VERICRED SOLUTIONS: Demps Files FDCPA Suit in N.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Vericred Solutions
LLC, et al. The case is styled as Cheryl Demps, individually and on
behalf of all others similarly situated v. Vericred Solutions LLC,
Federal Pacific Credit Company LLC, John Does 1-25, Case No.
5:21-cv-00978-BKS-ML (N.D.N.Y., Aug. 31, 2021).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Vericred Solutions LLC -- https://vericredllc.com/ -- is a full
service, licensed and bonded collection agency focused on the
recovery of distressed accounts receivables.[BN]
The Plaintiff is represented by:
Eliyahu Babad, Esq.
STEIN SAKS, PLLC
One University Plaza
285 Passaic Street
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: ebabad@steinsakslegal.com
WALMART INC: Baker Files Suit in E.D. Arkansas
----------------------------------------------
A class action lawsuit has been filed against Walmart, Inc. The
case is styled as Tyler Baker, individually, and on behalf of all
others similarly situated v. Walmart, Inc., Case No.
3:21-cv-00182-DPM (E.D. Ark., Aug. 31, 2021).
The nature of suit is stated as Other Fraud for Personal Injury.
Walmart Inc. -- https://corporate.walmart.com/ -- is an American
multinational retail corporation that operates a chain of
hypermarkets, discount department stores, and grocery stores from
the United States, headquartered in Bentonville, Arkansas.[BN]
The Plaintiff is represented by:
Aarthi Manohar, Esq.
Barbara Gibson, Esq.
Craig W. Hillwig, Esq.
Douglas A. Abrahams, Esq.
William E. Hoese, Esq.
KOHN, SWIFT & GRAF, P.C.
1600 Market Street, Suite 2500
Philadelphia, PA 19103
Phone: (215) 238-1700
Fax: (215) 238-1968
- and -
David H. Fink, Esq.
Nathan J. Fink, Esq.
FINK BRESSACK
38500 Woodward Avenue, Suite 350
Bloomfield Hill, MI 48304
Phone: (248) 971-2500
- and -
Stephanie Egner Smith, Esq.
ROBERTS LAW FIRM, P.A.
Post Office Box 241790
Little Rock, AR 72223-1790
Phone: (501) 821-5575
Email: stephanieegner@robertslawfirm.us
WILHELMINA INT'L: Mediation in Shanklin and Pressley Suits Ongoing
------------------------------------------------------------------
Wilhelmina International, Inc. said in its Form 10-Q Report filed
with the Securities and Exchange Commission on August 11, 2021, for
the quarterly period ended June 30, 2021, that the court in the
putative class action suits initiated by Alex Shanklin and Shawn
Pressley has directed the parties to non-binding mediation and that
process is ongoing.
On October 24, 2013, a putative class action lawsuit was brought
against the Company by former Wilhelmina model Alex Shanklin and
others, including Louisa Raske, Carina Vretman, Grecia Palomares
and Michelle Griffin Trotter, in New York State Supreme Court (New
York County) by the same lead counsel who represented plaintiffs in
a prior, now-dismissed action brought by Louisa Raske.
The claims in the Shanklin Litigation initially included breach of
contract and unjust enrichment allegations arising out of matters
similar to the Raske Litigation, such as the handling and reporting
of funds on behalf of models and the use of model images.
Other parties named as defendants in the Shanklin Litigation
include other model management companies, advertising firms, and
certain advertisers.
On January 6, 2014, the Company moved to dismiss the Amended
Complaint in the Shanklin Litigation for failure to state a claim
upon which relief can be granted and other grounds, and other
defendants also filed motions to dismiss.
On August 11, 2014, the court denied the motion to dismiss as to
Wilhelmina and other of the model management defendants.
Separately, on March 3, 2014, the judge assigned to the Shanklin
Litigation wrote the Office of the New York Attorney General
bringing the case to its attention, generally describing the claims
asserted therein against the model management defendants, and
stating that the case "may involve matters in the public interest."
The judge's letter also enclosed a copy of his decision in the
Raske Litigation, which dismissed that case.
Plaintiffs retained substitute counsel, who filed a Second and then
Third Amended Complaint. Plaintiffs' Third Amended Complaint
asserts causes of action for alleged breaches of the plaintiffs'
management contracts with the defendants, conversion, breach of the
duty of good faith and fair dealing, and unjust enrichment.
The Third Amended Complaint also alleges that the plaintiff models
were at all relevant times employees, and not independent
contractors, of the model management defendants, and that
defendants violated the New York Labor Law in several respects,
including, among other things, by allegedly failing to pay the
models the minimum wages and overtime pay required thereunder, not
maintaining accurate payroll records, and not providing plaintiffs
with full explanations of how their wages and deductions therefrom
were computed. The Third Amended Complaint seeks certification of
the action as a class action, damages in an amount to be determined
at trial, plus interest, costs, attorneys' fees, and such other
relief as the court deems proper.
On October 6, 2015, Wilhelmina filed a motion to dismiss as to most
of the plaintiffs' claims.
The Court entered a decision granting in part and denying in part
Wilhelmina's motion to dismiss on May 26, 2017.
The Court (i) dismissed three of the five New York Labor Law causes
of action, along with the conversion, breach of the duty of good
faith and fair dealing and unjust enrichment causes of action, in
their entirety, and (ii) permitted only the breach of contract
causes of action, and some plaintiffs' remaining two New York Labor
Law causes of action to continue, within a limited time frame.
The plaintiffs and Wilhelmina each appealed, and the decision was
affirmed on May 24, 2018. On August 16, 2017, Wilhelmina timely
filed its Answer to the Third Amended Complaint.
On June 6, 2016, another putative class action lawsuit was brought
against the Company by former Wilhelmina model Shawn Pressley and
others, including Roberta Little, in New York State Supreme Court
(New York County) by the same counsel representing the plaintiffs
in the Shanklin Litigation, and asserting identical, although more
recent, claims as those in the Shanklin Litigation.
The Amended Complaint, asserting essentially the same types of
claims as in the Shanklin action, was filed on August 16, 2017.
Wilhelmina filed a motion to dismiss the Amended Complaint on
September 29, 2017, which was granted in part and denied in part on
May 10, 2018.
Some New York Labor Law and contract claims remain in the case.
Pressley has withdrawn from the case, leaving Roberta Little as the
sole remaining named plaintiff in the Pressley Litigation.
On July 12, 2019, the Company filed its Answer and Counterclaim
against Little.
On May 1, 2019, the Plaintiffs in the Shanklin Litigation (except
Raske) and the Pressley Litigation filed motions for class
certification on their contract claims and the remaining New York
Labor Law Claims.
On July 12, 2019, Wilhelmina filed its opposition to the motions
for class certification and filed a cross-motion for summary
judgment against Shanklin, Vretman, Palomares, Trotter and Little,
and a motion for summary judgment against Raske.
By Order Dated May 8, 2020, the Court denied class certification in
the Pressley case, denied class certification with respect to the
breach of contract and alleged unpaid usage claims, granted class
certification as to the New York Labor Law causes of action
asserted by Vretman, Palomares and Trotter, and declined to rule on
Wilhelmina's motions for summary judgment, denying them without
prejudice to be re-filed at a later date.
The Court has directed the parties to non-binding mediation and
that process is underway.
The Company believes the claims asserted in the Shanklin Litigation
and Pressley Litigation are without merit and intends to continue
to vigorously defend the actions.
Wilhelmina International, Inc. primarily engages in the fashion
model management business. It specializes in the representation and
management of models, entertainers, artists, athletes, and other
talent to various clients, including retailers, designers,
advertising agencies, print and electronic media and catalog
companies. Wilhelmina International, Inc. was founded in 1967 and
is headquartered in Dallas, Texas.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania,
USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T.
Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L.
Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
Copyright 2021. All rights reserved. ISSN 1525-2272.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers.
Information contained herein is obtained from sources believed to
be reliable, but is not guaranteed.
The CAR subscription rate is $775 for six months delivered via
e-mail. Additional e-mail subscriptions for members of the same
firm for the term of the initial subscription or balance thereof
are $25 each. For subscription information, contact
Peter A. Chapman at 215-945-7000.
*** End of Transmission ***