/raid1/www/Hosts/bankrupt/CAR_Public/220210.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, February 10, 2022, Vol. 24, No. 24
Headlines
115 LES REALTY: Gannon Files ADA Suit in S.D. New York
47TH ST. FOOD: Doe Suit Seek Unpaid Wages, OT for Restaurant Staff
6D GLOBAL: Puddu, et al., Seek to Certify Class Action
ACADIA HEALTHCARE: McRunells Seeks OT Pay for Counselors Under FLSA
AGA SERVICE: Hearing on Bid for Class Cert. Continued to March 18
AMAZON.COM: Filing of Class Certification Bid Due Aug. 1
AMTRUST FINANCIAL: Martinek Wins Class Certification Bid
ARIZONA BEVERAGES: Crawford Files Suit in S.D. Illinois
AT&T SERVICES: Faces Witte Class Suit Over Promotional Reward Cards
B&H GLOBAL: Norman Files Suit in Cal. Super. Ct.
BARN & WILLOW: Weekes Files ADA Suit in S.D. New York
BELL BROTHER'S: Mack Files Suit in Cal. Super. Ct.
BLUETRITON BRANDS: Alexander Sues Over Mislabeled Sparkling Water
BOSTON GLOBE: Discloses Subscribers' Personal Info, Ambrose Says
BURLINGTON STORES: Underpays Store Managers, Payton-Fernandez Says
CITIBANK NA: Faces Suleta Class Suit Over Misguided Robocalls
COMME DES GARCONS: Conditional Cert. of FLSA Collective Sought
DALTON-WHITFIELD: James River Files Suit in N.D. Georgia
DEERE & CO: Monopolizes Tractors' Repair Services, Underwood Says
DRESSER LLC: Barton Suit Transferred to W.D. Louisiana
DROPLETTE INC: Tatum-Rios Files ADA Suit in S.D. New York
ELANCO ANIMAL: Parasiticide Harmful to Pets, Dahl Suit Alleges
ELECTROLUX HOME: Scheduling Order Entered in Reichardt Class Suit
EQUIFAX INFORMATION: Sullivan Files FCRA Suit in D. Arizona
FLIPKEY LLC: Weekes Files ADA Suit in S.D. New York
FOR LIFE PRODUCUCTS: Feb. 10 Case Management Conference Vacated
FOSSIL GROUP: Weekes Files ADA Suit in S.D. New York
FOURTHWALL INC: Weekes Files ADA Suit in S.D. New York
GREEN SPROUTS: Weekes Files ADA Suit in S.D. New York
HANOVER HOLDINGS: Melgoza Files Suit in Cal. Super. Ct.
HEALTH ROVER: Tatum-Rios Files ADA Suit in S.D. New York
HOME DEPOT: Faces Jamieson Suit Over Unfair Business Practices
HOTEL EQUITIES: Coar Files Suit in Cal. Super. Ct.
I.C. SYSTEM INC: Goodman Files FDCPA Suit in D. New Jersey
INDUSTRIAL TEST: Ortega Files ADA Suit in S.D. New York
JNJ LAUNDROMAT: Fails to Provide Timely Wages, Hernandez Suit Says
KASCHAK ROOFING: Hourly Employees Class Gets Conditional Status
KELLY SERVICES: Bazine Seeks Minimum & OT Wages Under Labor Code
KROGER CO: Discovery & PTO Deadlines Extended in Solano Suit
LEARNING RESOURCES: Hedges Files ADA Suit in S.D. New York
LGS INVESTMENTS: Ortega Files ADA Suit in S.D. New York
LHC GROUP: Filing of Class Status Bid Extended to August 26
LIFE'S FOOD: Howard Files Suit in Cal. Super. Ct.
LITTLE BEAN: Ortega Files ADA Suit in S.D. New York
LOWE'S COMPANIES: Faces Hale Suit Over Illegal Background Check
LOWES COMPANIES: Hale Files FCRA Suit in W.D. North Carolina
LVNV FUNDING: Brown Suit Removed to D. New Jersey
MADISON REED: Moore Files Suit in N.D. New York
MAYO CLINIC: Settlement Deal in Baum Suit Gets Initial Nod
MCCAIN FOODS: Solem Suit Seeks Unpaid OT Wages Under FLSA & WWPCL
MEDTRONIC INC: Lamug FCRA Suit Transferred to D. Minnesota
MERCHBAR INC: Weekes Files ADA Suit in S.D. New York
MERCURY INDEMNITY: Fails to Pay Total Loss Claims, Mussi Suit Says
MIDAMERICAN ENERGY: Mata Seeks Unpaid Overtime Wages Under FLSA
MIDLAND CREDIT: Settlement Deal Finally Approved in Adkins Suit
MOBILE BATTERY: Sanchez Seeks OT Pay for Repairpersons Under FLSA
NASSAU COUNTY, NY: Court Certifies Davidson EPA Suit
NATIONSTAR MORTGAGE: Parker Suit Removed to D. Rhode Island
NEW ORIENTAL: Faces Bricklayers Securities Suit Over Decline of ADS
NISSAN NORTH AMERICA: Losapio Files Suit in M.D. Tennessee
PALACIOS LANDSCAPING: Mendez Seeks Overtime Pay Under FLSA, NJWHL
PHILLIPS 66 COMPANY: Dinsmore Files Suit in E.D. Oklahoma
PHILLIPS FEED: Lambert Files Suit in Cal. Super. Ct.
PHOENIX SUTTON: Barbosa Suit Seeks Overtime Wages Under FLSA, NYLL
POLAR CORP: Matthews Files Suit in N.D. Illinois
POLO FOOD: Violates Wage & Hour Laws, Galvez Class Suit Alleges
PREPLY INC: Weekes Files ADA Suit in S.D. New York
S.C. MANAGEMENT: Mendoza Suit Seeks Overtime Pay Under FLSA & NYLL
SCANA CORP: Court Terminates w/o Prejudice Withdrawal Bids
TINKRWORKS INC: Case Management Order Entered in Surdam Suit
TIVITY HEALTH: Evidentiary Hearing in Strougo Set for March 8
TRIPLE CANOPY: Joint Bid to Certify Security Guard Class Filed
TSK EXPRESS: Violates Truth in Leasing Act, Dixon Class Suit Says
WARTBURG COLLEGE: Court Extends Discovery Deadlines
WELBORN CO: McCathrin Seeks OT Pay for Garage Door Techs Under FLSA
WOODALLS INC: Extension to File Renewed Class Cert Bid Sought
*********
115 LES REALTY: Gannon Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against 115 Les Realty LLC,
et al. The case is styled as Stephen Gannon, individually and on
behalf of all others similarly situated v. 115 Les Realty LLC,
Micheli & Shel LLC, John Doe 1-X, persons yet unknown, Corporations
1-X, Limited Liability Companies, Partnerships, entities yet
unknown, Case No. 1:22-cv-00700-PGG-RWL (S.D.N.Y., Jan. 26, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
115 Les Realty LLC was incorporated as a domestic limited liability
company type.[BN]
The Plaintiff is represented by:
Adam Douglas Ford, Esq.
FORD & HUFF LC
228 Park Avenue South
New York, NY 10003
Phone: (212) 287-5913
Email: adam.ford@fordcranelaw.com
47TH ST. FOOD: Doe Suit Seek Unpaid Wages, OT for Restaurant Staff
------------------------------------------------------------------
JOHN DOE and JAMES DOE, on behalf of themselves, FLSA Collective
Plaintiffs, and the class, v. 47TH ST. FOOD, INC., d/b/a BLAKE &
TODD, 53RD ST. FOOD, LLC, d/b/a BLAKE & TODD, 52 VAN FOOD CORP.,
d/b/a BLAKE & TODD, and ALEX RACHOWIN, Case No. Case 1:22-cv-01008
(S.D.N.Y., Feb. 4, 2022) seeks to recover unpaid wages including
overtime, due to time-shaving; compensation for improperly deducted
meal credits; illegally retained surcharges; liquidated damages;
and attorney's fees and costs, pursuant to the Fair Labor Standards
Act and the New York Labor Law.
The Plaintiffs additionally allege for damages under the Internal
Revenue Code, 26 U.S.C. section 7434 for relief, damages, fees, and
costs in this matter because Defendants willfully filed fraudulent
tax information forms with the Internal Revenue Service.
The Plaintiffs assert that Defendants breached their contract with
Plaintiffs and Class members by failing to pay employer payroll
taxes for Plaintiff and Class members, as required by the Federal
Insurance Contribution Act.
The Defendants collectively own and operate three (3) restaurants
at the following locations:
a) 7 West 47th St, New York, NY 10036 (the "47th location");
b) 52 East 53rd St, New York, NY 10022 (the "53rd location");
and
c) 52 Vanderbilt Ave, New York, NY 10017 (the "Vanderbilt
location;" and collectively, the "Restaurants").
The Plaintiffs bring claims for relief pursuant to Federal Rules of
Civil Procedure (F.R.C.P.) Rule 23, on behalf of all non-exempt
employees (including delivery persons, servers, runners, bussers,
bartenders, baristas, cashiers, porters, cooks, line-cooks, food
preparers, and dishwashers) employed by Defendants on or after
October 18, 2018 (the "Class Period").[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Eighth Floor
New York, NY 10011
Telephone: (212) 465-1180
6D GLOBAL: Puddu, et al., Seek to Certify Class Action
------------------------------------------------------
In the class action lawsuit captioned as JOSEPH PUDDU, MARK GHITIS,
VALERY BURLAK and ADAM BUTTER, v. 6D GLOBAL TECHNOLOGIES, INC.,
NYGG (ASIA), LTD., BENJAMIN TIANBING WEI a/k/a BENJAMIN WEY, TEJUNE
KANG; MARK SZYNKOWSKI, TERRY MCEWEN and NYG CAPITAL LLC d/b/a NEW
YORK GLOBAL GROUP, Case No. 1:15-cv-08061-AJN-SN (S.D.N.Y.), the
Lead Plaintiffs Joseph Puddu and Mark Ghitis, and Plaintiffs Valery
Burlak and Adam Butter ask the Court to enter an order:
1. certifying this action as a class action pursuant to
Federal Rule of Civil Procedure 23(a) and 23(b)(3);
2. appointing them as Class Representatives; and
3. appointing The Rosen Law Firm, P.A. as Class Counsel.
6D Global is a holding company. The Company manages a portfolio of
digital business solutions companies.
A copy of the Plaintiffs' motion to certify class dated Feb 3, 2021
is available from PacerMonitor.com at https://bit.ly/35Ush6P at no
extra charge.[CC]
The Plaintiffs are represented by:
Jonathan Horne, Esq.
Michael Cohen, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40 th Floor
New York, NY 10016
Telephone: (212) 686-1060
E-mail: jhorne@rosenlegal.com
mcohen@rosenlegal.com
ACADIA HEALTHCARE: McRunells Seeks OT Pay for Counselors Under FLSA
-------------------------------------------------------------------
CATRINA MCRUNELLS, individually and on behalf of all others
similarly situated v. ACADIA HEALTHCARE COMPANY, INC., Case No.
3:22-cv-00074-JWD-RLB (M.D. La., Feb. 3, 2022) seeks overtime pay
under the Fair Labor Standards Act.
According to the complaint, the Plaintiff and members of the
putative collective action class were paid on an hourly basis.
Despite being paid hourly, Plaintiff and members of the putative
collective action were not paid overtime compensation. The
Plaintiff and members of the putative collective action class were
non-exempt employees of the Defendant. The FLSA requires that
Plaintiff and members of the putative collective action class be
paid overtime for all hours worked in excess of 40 hours per week
at a rate of one and one-half times their regular rate of pay.
The Plaintiff and members of the putative collective action class
were hired by the Defendant as substance abuse counselors to
perform counseling services to Acadia’s patients.
The Defendant routinely required the Plaintiff and members of the
putative collective action class to work while off-the-clock.
Specifically, the Defendant required that Plaintiff and members of
the putative collective action class to clock in every day at 5:30
A.M despite requiring its workers to arrive early and perform labor
as early as 4:30 A.M., says the suit.
Acadia operates a substance abuse center located at 11445 Reiger
Rd., Baton Rouge, Los Angeles under the trade name of Baton Rouge
Comprehensive Treatment Center.[BN]
The Plaintiff is represented by:
James R. Bullman, Esq.
Brian F. Blackwell, Esq.
BLACKWELL & BULLMAN, LLC
8322 One Calais Ave.,
Baton Rouge, LA 70809
Telephone: (225) 769-2462
Facsimile: (225) 769-2463
E-mail: james@blackwell-bullman.com
- and -
Kelley R. Dick, Jr., Esq.
MANSFIELD, MELANCON, CRANMER & DICK, LLC
2133 Silverside Drive, Suite B
Baton Rouge, LA 70808
Telephone: (225) 385-7919
Facsimile: (225) 385-7806
E-mail: Kelley@mmcdlaw.com
AGA SERVICE: Hearing on Bid for Class Cert. Continued to March 18
-----------------------------------------------------------------
In the class action lawsuit captioned as Sarah Smith v. AGA Service
Company, et al., Case No. 2:20-cv-08557-AB-AFM (C.D. Cal.), the
Hon. Judge Andre Birotte Jr. entered an order continuing hearing on
motion for class certification and requiring courtesy copies via
thumb drive.
In light of the voluminous materials and the extended briefing
filed in relation to Plaintiffs Motion for Class Certification, the
Court hereby continues the hearing on the Motion to March 18. 2022,
at 10:00 a.m.
The Court also entered and order directing the parties to provide
the Court with courtesy copies of all documents filed in connection
with the Motion. The courtesy copies must be PDFs saved to a thumb
drive, and must include the CIVITECF header material at the top of
each page.
AGA provides travel services.
A copy of the Civil Minutes -- General dated Feb 3, 2021 is
available from PacerMonitor.com at https://bit.ly/35SYtHL at no
extra charge.[CC]
AMAZON.COM: Filing of Class Certification Bid Due Aug. 1
--------------------------------------------------------
In the class action lawsuit captioned as Kim Rattler v. Amazon.com
Services LLC, Case No. 2:21-cv-09060-JAK-SK (C.D. Cal.), the Hon.
Judge John A. Kronstadt entered an order setting pretrial deadlines
as follows:
-- Last day to amend or add parties: Feb. 28, 2022
-- Deadline to file joint report Feb. 16, 2022
regarding agreed upon private
neutral:
-- Last day to participate in a Sept. 13, 2022
settlement conference/mediation:
-- Last day to file notice of Sept. 15, 2022
settlement / joint report re
settlement:
-- Post Mediation Status Conference: Aug. 1, 2022
-- Deadline to file Class Aug. 1, 2022
Certification Motion:
-- Deadline to file Opposition Sept. 1, 2022
to Class Certification Motion:
-- Deadline to file Reply in Sept. 15, 2022
Support of Class Certification
Motion:
-- Hearing on Class Certification Oct. 3, 2022
Motion:
-- Non-Expert Discovery Cut-Off: March 27, 2023
-- Initial Expert Disclosures: April 10, 2023
-- Rebuttal Expert Disclosures: April 24, 2023
-- Rebuttal Expert Disclosures: April 24, 2023
-- Expert Discovery Cut-Off: May 8, 2023
-- Last day to file All Motions May 8, 2023
(including discovery motions):
Amazon Services offers many of the Web service platforms that are
Amazon offers. The Company was founded in 2006 and is based in
Seattle, Washington.
A copy of the Civil Minutes – General dated Feb 3, 2021 is
available from PacerMonitor.com at https://bit.ly/3ur6bDa at no
extra charge.[CC]
AMTRUST FINANCIAL: Martinek Wins Class Certification Bid
--------------------------------------------------------
In the class action lawsuit captioned as JAN MARTINEK, v. AMTRUST
FINANCIAL SERVICES, INC., BARRY D. ZYSKIND, GEORGE KARFUNKEL, and
LEAH KARFUNKEL, Case No. 1:19-cv-08030-KPF (S.D.N.Y.), the Hon.
Judge Katherine Polk Failla entered an order:
1. granting the Plaintiff's motion for class certification
and his application to serve as class representative and
for his counsel, Wolf Popper LLC, to serve as class
counsel, on behalf of:
"All persons who purchased Series A preferred stock of
AmTrust Financial Services, Inc. ("AmTrust"), or AmTrust's
Depositary Shares Representing 1/40th of a share of either
AmTrust's Series B, C, D, E or F preferred stock on the
open market on a U.S. stock exchange from January 22,
2018, to January 18, 2019, inclusive excluding present and
former executive officers of AmTrust and any parent,
subsidiary, or affiliate of AmTrust, Barry D. Zyskind,
George Karfunkel, and Leah Karfunkel and their immediate
family members (collectively, the "Excluded Persons")
and the legal representatives, heirs, successors, or
assigns of any such Excluded Person;"
2. denying the Defendants' request to limit the class
definition;
3. directing the Clerk of Court to terminate the motion at
docket entry;
4. directing the parties to submit a joint letter proposing
the next steps in this case on or before February 21,
2022.
The Court expects that parties shall proceed to expert discovery.
As reflected in the Court's December 16, 2021 endorsement, the
parties' opening expert reports are due within 30 days of this
Opinion and Order; rebuttal reports are due 30 days thereafter; and
all expert discovery shall conclude 30 days after the exchange of
rebuttal reports.
The Plaintiff is an investor who purchased shares of AmTrust's
preferred stock on the New York Stock Exchange (the "NYSE") between
January 22, 2018, and January 18, 2019.
AmTrust's preferred stock comprised six different series of
preferred stock and depositary shares that were issued between 2013
and 2016.
AmTrust is an insurance company founded and controlled by the
Karfunkel-Zyskind family.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3HMo5Ep at no extra charge.[CC]
ARIZONA BEVERAGES: Crawford Files Suit in S.D. Illinois
-------------------------------------------------------
A class action lawsuit has been filed against Arizona Beverages USA
LLC. The case is styled as Kenneth Crawford, individually and on
behalf of all others similarly situated v. Arizona Beverages USA
LLC, Case No. 3:22-cv-00220 (S.D. Ill., Feb. 6, 2022).
The nature of suit is stated as Other Fraud.
Arizona Beverages USA (stylized as AriZona) --
https://drinkarizona.com/ -- is an American producer of many
flavors of iced tea, juice cocktails, and energy drinks based in
Woodbury, New York.[BN]
The Plaintiff is represented by:
Spencer I. Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Ste. 409
Great Neck, NY 11021
Phone: (516) 260-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
AT&T SERVICES: Faces Witte Class Suit Over Promotional Reward Cards
-------------------------------------------------------------------
JILL WITTE, individually, and on behalf of all others similarly
situated, v. AT&T SERVICES, INC. and DIRECTV, LLC, Case No.
3:22-cv-00274-L (N.D. Tex., Feb. 3, 2022) arises from the
Defendants' collection from prospective new customers promotional
reward cards in a substantial monetary amount e.g., $100 to $400 to
induce new customers to contract with AT&T for its various
communications-related services.
According to the complaint, AT&T's actions and restrictions
relating to the Reward Card, which are not adequately disclosed to
new customers prior their contracting with AT&T, renders illusory
the benefit that AT&T promised.
AT&T delays sending Reward Cards to new customers. Rather than
sending the card to new customers immediately after they contract
and pay for their new AT&T services, AT&T either never sends the
Reward Card or delays sending it such that new customer recipients
don't receive it until near or after the card's short 150-day
expiry period or AT&T attempts to "bait" and "switch" to a lesser
value card. AT&T then has a policy of refusing to honor or replace
expired Reward Cards, the lawsuit says.
The Plaintiff brings this action, on a nationwide class action
basis, to put an end to AT&T's deceptive and unfair practices and
to redress the injuries AT&T has caused, and is causing, to
similarly situated individuals. Accordingly, the Plaintiff seeks,
among other things, injunctive relief, damages, including punitive
damages, civil penalties, costs and disgorgement.
Plaintiff Witte is a resident of the State of Florida. The
Plaintiff was induced into purchasing a telecommunications service
bundle from AT&T and entering into a new services contract with
AT&T, based on AT&T's promise to provide her with a $150 Reward
Card that she would have the opportunity to use in full.
AT&T Servicesis part of the world's largest telecommunications
company. It is a Delaware corporation headquartered in Dallas,
Texas.[BN]
The Plaintiff is represented by:
William B. Federman, Esq.
John Charles Sherwood, Esq.
FEDERMAN & SHERWOOD
212 W. Spring Valley Road,
Richardson, TX 75081
Telephone: (405) 235-1560
Facsimile: (405) 239-2112
E-mail: wbf@federmanlaw.com
jcs@federmanlaw.com
- and -
Gary S. Graifman, Esq.
Melissa R. Emert, Esq.
KANTROWITZ, GOLDHAMER &
GRAIFMAN P.C.
747 Chestnut Ridge Road
Chestnut Ridge, New York 10977
Telephone: (845) 356-2570
Facsimile: (845) 356-4335
E-mail: ggraifman@kgglaw.com
memert@kgglaw.com
- and -
James M. Evangelista, Esq.
David J. Worley, Esq.
Kristi Stahnke McGregor, Esq.
Hannah Drosky, Esq.
EVANGELISTA WORLEY, LLC
500 Sugar Mill Road, Suite 245A
Atlanta, GA 30350
Telephone: (404) 205-8400
Facsimile: (404) 205-8395
E-mail: jim@ewlawllc.com
david@ewlawllc.com
kristi@ewlawllc.com
leslie@ewlawllc.com
B&H GLOBAL: Norman Files Suit in Cal. Super. Ct.
------------------------------------------------
A class action lawsuit has been filed against B&H Global Marketing
LLC, et al. The case is styled as Spencer Norman, as an individual
and on behalf of all others similarly situated v. B&H Global
Marketing LLC, Golden State Crushing, a business organization, form
unknown, Does 1 - 50, Case No. 34-2022-00314707-CU-OE-GDS (Cal.
Super. Ct., Sacramento Cty., Jan. 26, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
B&H International LLC was founded in 2013. The company's line of
business includes the wholesale distribution of miscellaneous
industrial supplie.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
DIVERSITY LAW GROUP
515 S Figueroa St., Ste. 1250
Los Angeles, CA 90071-3316
Phone: 213-488-6555
Fax: 213-488-6554
Email: lwlee@diversitylaw.com
- and –
William L. Marder, Esq.
POLARIS LAW GROUP LLP
501 San Benito St. # 200
Hollister, CA 95023
Phone: 831-531-4214
Fax: 831-634-0333
Email: bill@polarislawgroup.com
BARN & WILLOW: Weekes Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Barn & Willow Inc.
The case is styled as Robert Weekes, individually, and on behalf of
all others similarly situated v. Barn & Willow Inc., Case No.
1:22-cv-00992 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Barn & Willow -- https://barnandwillow.com/ -- is a direct to
consumer online home decor brand making custom window coverings
more accessible.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
BELL BROTHER'S: Mack Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Bell Brother's
Heating and Air, Inc., et al. The case is styled as Jason Mack, and
on behalf of all others similarly situated v. Bell Brother's
Heating and Air, Inc., Does 1-20, Case No.
34-2022-00314547-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Jan.
26, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Bell Brothers -- https://bellbroshvac.com/ -- is the leading HVAC
company in the Sacramento and surrounding area.[BN]
The Plaintiff is represented by:
Erin M. Lillis, Esq.
EASON & TAMBORNINI, A LAW CORPORATION
1234 H Street, Suite 200
Sacramento, CA 95814
Phone: (916) 438-1819
Fax: (916) 438-1820
Email: info@capcitylaw.com
BLUETRITON BRANDS: Alexander Sues Over Mislabeled Sparkling Water
-----------------------------------------------------------------
Timothy Alexander, individually and on behalf of all others
similarly situated v. BlueTriton Brands, Inc., Case No.
1:22-cv-00648 (N.D. Ill., Feb. 4, 2022) contends that the
Defendant's representation as "Sparkling Poland Spring With A Twist
of Lemon" is false, deceptive and misleading because the Product
lacks the amount and type of lemon ingredients expected by
Plaintiff and consumers.
BlueTriton manufactures, labels, markets, and sells sparkling water
purporting to be made with a "Twist of Lemon" under the Poland
Spring brand (the "Product").
In the last five years, sparkling water sales have increased over
40 percent, with Americans consuming 170 million gallons each
year.
The Defendant markets the Product to the many consumers, like the
Plaintiff, who have cut back on carbonated soft drinks ("CSD") and
fruit juices, due to growing awareness of the adverse health
effects of these sugary beverages. Increasingly, consumers are
turning to sparkling water with small amounts of added fruit
ingredients, which is less "plain" than water, but avoids the added
sugars and calories in soda and juice. Reasonable consumers must
and do rely on a company to honestly identify and describe the
components, attributes, and features of a product, relative to
itself and other comparable products or alternatives.
The value of the Product that Plaintiff purchased was materially
less than its value as represented by Defendant. The Defendant sold
more of the Product and at higher prices than it would have in the
absence of this misconduct, resulting in additional profits at the
expense of consumers, the lawsuit says.
The Plaintiff alleges that he and proposed class members had known
the truth, they would not have bought the Product or would have
paid less for it.
As a result of the alleged false and misleading representations,
the Product is sold at a premium price, approximately no less than
no less than $2.19 for 16.9 OZ, excluding tax and sales, higher
than similar products, such as Spindrift, which, when compared on a
per ounce basis, costs $1.99 for 16.9 OZ, and other similar
products represented in a non-misleading way, and higher than it
would be sold for absent the misleading representations and
omissions.[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
BOSTON GLOBE: Discloses Subscribers' Personal Info, Ambrose Says
----------------------------------------------------------------
DAVID AMBROSE, individually and on behalf of all others similarly
situated v. BOSTON GLOBE MEDIA PARTNERS, LLC, Case No.
1:22-cv-10195 (D. Mass., Feb. 4, 2022) is a class action suit
brought on behalf of all persons with Facebook accounts who
subscribe to the Boston Globe and view videos on bostonglobe.com.
Boston Globe develops, owns, and operates bostonglobe.com, which
"feature[es] national and local content daily." Boston Globe makes
money by offering paid subscriptions and selling advertising
space.
The Plaintiff brings this action in response to Defendant's
practice of knowingly disclosing its subscribers' personally
identifiable information -- including a record of every video clip
they view -- to Facebook without consent in violation of the the
Video Privacy Protection Act. The Defendant allegedly violated the
VPPA by knowingly transmitting Plaintiff's and the putative class's
personally identifiable information to unrelated third parties.
When Plaintiff Ambrose watched videos on Boston Globe, the
Defendant disclosed his event data, which includes the pages he
viewed, the buttons he clicked, and metadata for the webpages he
visited. This event data, which Boston Globe transmitted through
first-party cookies, sufficiently identified the video's title,
says the suit.
Plaintiff Ambrose discovered that Boston Globe surreptitiously
collected and transmitted his personally identifiable information
in January 2022.[BN]
The Plaintiff is represented by:
David S. Godkin, Esq.
James E. Kruzer, Esq.
BIRNBAUM & GODKIN, LLP
1 Marina Park Drive, Suite 1410
Boston, MA 02210
Telephone: (617) 307-6100
E-mail: godkin@birnbaumgodkin.com
kruzer@birnbaumgodkin.com
- and -
Joshua D. Arisohn, Esq.
Philip L. Fraietta, Esq.
Christopher R. Reilly, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: jarisohn@bursor.com
pfraietta@bursor.com
creilly@bursor.com
BURLINGTON STORES: Underpays Store Managers, Payton-Fernandez Says
------------------------------------------------------------------
KIM PAYTON-FERNANDEZ, Individually and on Behalf of All Other
Persons Similarly Situated v. BURLINGTON STORES, INC., BURLINGTON
COAT FACTORY, WAREHOUSE CORPORATION, BURLINGTON COAT FACTORY
INVESTMENT HOLDINGS, INC., and BURLINGTON COAT FACTORY HOLDINGS,
LLC, Case No. 1:22-cv-00608 (D.N.J., Feb. 4, 2022) seeks to recover
unpaid overtime compensation under the Fair Labor Standards Act for
Plaintiff and other current and former Assistant Store Managers,
and similarly situated current and former employees holding
comparable positions but different titles, who worked more than 40
hours in any given workweek from three years before the date this
Complaint was filed until the entry of judgment in this matter.
The Plaintiff alleges that Burlington has misclassified members of
the Collective as exempt under federal overtime laws, and members
of the Collective are: (i) entitled to unpaid wages from the
Defendants for all hours worked by them as well as for overtime
work for which they did not receive overtime premium pay, as
required by law, and (ii) entitled to liquidated damages pursuant
to the FLSA, 29 U.S.C. sections 201 et seq., for the Relevant
Period.
The Plaintiff was employed by Defendants from August 2013 until
October 2020 as an ASM at Defendants' store located in Stratford,
Connecticut.
Burlington is an American national off-price department store
retailer.[BN]
The Plaintiff is represented by:
Seth R. Lesser, Esq.
Christopher M. Timmel, Esq.
KLAFTER LESSER LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
Telephone: (914) 934-9200
E-mail: seth@klafterlesser.com
Christopher.timmel@klafterlsesser.co
- and -
Michael A. Galpern, Esq.
JAVERBAUM WURGAFT HICKS KAHN WIKSTROM
AND SININS, P.C.
1000 Haddonfield-Berlin Road, Suite 203,
Voorhees, NJ 08043
E-mail: mgalpern@lawjw.com
Telephone: (856) 596-4100
CITIBANK NA: Faces Suleta Class Suit Over Misguided Robocalls
-------------------------------------------------------------
ALEJANDRO J. SULETA and ADRIANNE CARROLL, individually, and on
behalf of all others similarly situated v. CITIBANK, N.A. AND JOHN
DOES 1-10, Case No. 5:22-cv-00012-KDB-DSC (W.D.N.C., Feb. 3, 2022)
seeks damages as well as injunctive relief for the Defendant's
violations of the Telephone Consumer Protection Act.
Allegedly, the Defendant's misguided robocalls have invaded
Plaintiffs' privacy and have caused Plaintiffs actual harm,
including, aggravation that accompanies unwanted robocalls,
increased risk of personal injury resulting from the distraction
caused by the robocalls, wear and tear to Plaintiffs' cellular
phones, intrusion upon and occupation of Plaintiffs' cellular
phones, temporary loss of use of Plaintiffs' cellular phones, loss
of battery charge, loss of concentration, mental anguish, nuisance,
the per-kilowatt electricity costs required to recharge Plaintiffs'
cellular phones as a result of increased usage of Plaintiffs'
telephone services, and wasting Plaintiffs' time.
Citibank provides banking and financial services to consumers
nationwide.[BN]
The Plaintiffs are represented by:
Matthew R. Gambale, Esq.
OSBORN GAMBALE BECKLEY & BUDD PLLC
721 W. Morgan Street
Raleigh, NC 27603
E-mail: matt@counselcarolina.com
Telephone: (919) 373-6422
Facsimile: (919) 578-3733
COMME DES GARCONS: Conditional Cert. of FLSA Collective Sought
--------------------------------------------------------------
In the class action lawsuit captioned as GABRIEL HERRERA, CURTIS
HENNAGER, Individually and on behalf of all others similarly
situated, DANIEL ABBOTT, ELIZABETH AMMERMAN, AMIR AZARCON, SEAN
CONWAY, RYAN INWARDS, BLAKE MARTIN, MADISON MURPHY, CARLIN
ROLLENHAGEN, WINSTON TOLLIVER, DAVID UNICH, DYLAN WARMACK, FNAN
YSAHAK, Individually, v. COMME DES GARCONS, LTD., DOVER STREET
MARKET NEW YORK LLC, ELAINE BEUTHER, JAMES GILCHRIST, Case No.
1:21-cv-04929-VEC (S.D.N.Y.), the Plaintiffs ask the Court to enter
an order:
1. Conditionally certifies the proposed Fair Labor Standards
Act (FLSA) Collective Action pursuant to 29 U.S.C. section
216(b);
2. Compelling the Defendants to produce within 10 days of the
Court's decision a computer-readable data file containing,
for each Collective member: (a) name; (b) last known
mailing address(es); (c) last known telephone number(s);
and (d) last known email address(es) of all potential
class members employed by Defendants from June 1, 2018,
through June 1, 2021;
3. Authorizing the issuance of Plaintiffs' proposed Notice of
Pendency and Consent to Join to the Collective in the
Plaintiffs' proposed envelope by U.S. Mail, email, and
text;
4. Authorizing the issuance of the Plaintiffs' proposed
Reminder Notice to the Collective by U.S. Mail, email, and
text; and
5. Equitably tolls the FLSA statute of limitations to June 3,
2018.
Comme des Garcons was founded in 1973. The Company's line of
business includes the wholesale distribution of women's,
children's, and infant's clothing and accessories.
A copy of the Plaintiffs' motion to certify class dated Feb 3, 2021
is available from PacerMonitor.com at https://bit.ly/3J1ns9Y at no
extra charge.[CC]
The Plaintiffs are represented by:
Joshua Alexander Bernstein, Esq.
JOSH BERNSTEIN, P.C.
160 Varick Street, 3 rd Fl.
New York, NY 10013
Telephone: (646) 308-1515
E-mail: jbernstein@jbernsteinpc.com
DALTON-WHITFIELD: James River Files Suit in N.D. Georgia
--------------------------------------------------------
A class action lawsuit has been filed against Dalton-Whitfield
Regional Solid Waste Management Authority. The case is styled as
James River Insurance Company v. Dalton-Whitfield Regional Solid
Waste Management Authority, Jarrod Johnson, individually, and on
behalf of a class of persons similarly situated, Case No.
4:22-cv-00041-ELR (N.D. Ga., Feb. 4, 2022).
The nature of suit is stated as Insurance for Declaratory
Judgment.
Dalton-Whitfield Solid Waste Authority -- https://www.dwswa.org/ --
provides waste disposal and recycling services in Whitfield County,
Georgia.[BN]
The Plaintiff is represented by:
Frank C. Bedinger, III, Esq.
HAWKINS PARNELL & YOUNG, LLP-GA
303 Peachtree Street, N.E., Suite 4000
Atlanta, GA 30308-3243
Phone: (404) 614-7400
Email: fbedinger@hptylaw.com
DEERE & CO: Monopolizes Tractors' Repair Services, Underwood Says
-----------------------------------------------------------------
DAVID UNDERWOOD, individually and on behalf of himself and all
others similarly situated v. DEERE & CO. (d/b/a JOHN DEERE), Case
No. 4:22-cv-00005 (E.D. Tenn., Feb. 3, 2022) seeks damages and
equitable and injunctive relief on behalf of all persons and
entities residing in the United States who, during the Class Period
of February 3, 2018 to the present, purchased repair and
maintenance services for Deere brand agricultural equipment with
onboard central computers known as electronic control units
("ECUs") from Defendant or Deere's authorized Dealers and/or
technicians.
According to the complaint, while generations of farmers had the
right to repair their own farming equipment -- or had the option to
bring that equipment to an independent mechanic -- farmers today
are prohibited from accessing the proprietary software and related
repair tools that control every aspect of their Deere equipment.
Allegedly, Deere has unlawfully monopolized the market for repair
and maintenance services for Deere brand agricultural equipment
with ECUs ("Deere Repair Services"). For the purposes of this
litigation, Deere agricultural equipment refers to all John Deere
tractors, combines, and other agricultural equipment with ECUs
("Tractors"). "The[se] software barriers create corporate
monopolies — and destroy the agrarian ethos of resiliency and
self-reliance."
Software is only available to Deere's network of
heavily-consolidated independent dealerships. Pursuant to their
agreements with Deere, these Dealerships are contractually bound
not to sell or provide farmers or repair shops with the necessary
software for ECUs and other tools to make repairs and upgrades to
Tractors. Deere has effectively created a tying arrangement,
whereby Deere customers' initial purchase of Tractors is tied to
the purchase of Deere Repair Services. As a result of prohibiting
Tractor owners and independent repair shops from accessing the
necessary resources for repairs, Deere and their Dealerships have
monopolized the Deere Repair Services Market in the United States
for Tractors controlled by ECUs, reaping supracompetitive profits
from Deere Repair Services every time a piece of farming equipment
requires the Software to diagnose or make a repair, says the suit.
This antitrust class action is brought pursuant to Sections 1 and 2
of the Sherman Act seeking declaratory and injunctive relief,
treble and exemplary damages, costs, and attorneys' fees.
Plaintiff Underwood, a full-time farmer who resides in Tennessee,
owns Deere agricultural equipment, including Tractors. During the
Class Period. He purchased Deere Repair Services in Tennessee from
a Deere Dealership to diagnose and repair Tractor issues. His
Tractors required numerous repairs and he incurred multiple repair
bills. He suffered antitrust injury as a result of Defendant's
alleged conduct.
Deere is a publicly-traded company headquartered in Moline,
Illinois. Among its products and services offered, Deere
manufactures agricultural machinery and heavy equipment. Deere also
provides Deere Repair Services at issue in this litigation.[BN]
The Plaintiff is represented by:
John Whitfield, Esq.
Gregory F. Coleman, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
800 S. Gay Street, Suite 1100
Knoxville, TN 37929
Telephone: 865-247-0080
E-mail: jwhitfield@milberg.com
gcoleman@milberg.com
- and -
Peggy J. Wedgworth, Esq.
Elizabeth McKenna, Esq.
John D. Hughes, Esq.
Blake Hunter Yagman, Esq.
Michael Acciavatti, Esq.
MILBERG COLEMAN BRYSON
PHILLIPS GROSSMAN, PLLC
405 E. 50th Street
New York, NY 10022
Telephone: (212) 594-5300
E-mail: pwedgworth@milberg.com
emckenna@milberg.com
jhughes@milberg.com
byagman@milberg.com
macciavatti@milberg.com
DRESSER LLC: Barton Suit Transferred to W.D. Louisiana
------------------------------------------------------
The case styled as Michelle Barton, William Barton, Jr.,
individually and on behalf of a class of similarly situated persons
v. Dresser, LLC, Baker Hughes Holdings LLC, LA Dept of
Environmental Quality, Case No. 3:20-cv-00502 was transferred from
the U.S. District Court for the Middle District of Louisiana, to
the U.S. District Court for the Western District of Louisiana on
Jan. 26, 2022.
The District Court Clerk assigned Case No. 1:22-cv-00263-DCJ-JPMto
the proceeding.
The nature of suit is stated as Torts to Land.
Dresser, LLC designs, manufactures, and markets energy
infrastructure products and services.[BN]
The Plaintiffs are represented by:
Scott R Bickford, Esq.
Jason Z. Landry, Esq.
Jeremy James Landry, Esq.
Lawrence J Centola, III, Esq.
Neil Franz Nazareth, Esq.
MARTZELL & BICKFORD
338 Lafayette St
New Orleans, LA 70130
Phone: (504) 581-9065
Fax: (504) 581-7635
Email: srb@mbfirm.com
jzl@mbfirm.com
jjl@mbfirm.com
lcentola@mbfirm.com
nfn@mbfirm.com
- and -
Thomas B Wahlder, Esq.
1740 Jackson St
Alexandria, LA 71301
Phone: (318) 442-9417
Fax: (318) 442-1333
Email: twahlder@aol.com
The Defendants are represented by:
Andrew M Stakelum, Esq.
Craig Andrew Stanfield, Esq.
Mitchell Blake Bryant, Esq.
Oliver P Thoma, Esq.
KING & SPALDING (HOU)
1100 Louisiana St Ste 4100
Houston, TX 77002
Phone: (713) 276-7341
Fax: (713) 751-3290
Email: astakelum@kslaw.com
cstanfield@kslaw.com
mbbryant@kslaw.com
othoma@kslaw.com
- and -
Eric E Jarrell, Esq.
Michael J Cerniglia, Esq.
Robert J Burvant, Esq.
Tracie Jo Renfroe, Esq.
KING & JURGENS
201 St Charles Ave Ste 4500
New Orleans, LA 70170-1034
Phone: (504) 582-3800
Fax: (504) 582-1233
Email: ejarrell@kingkrebs.com
mcerniglia@kingkrebs.com
rburvant@kingkrebs.com
trenfroe@kslaw.com
- and -
Patrick Bayard McIntire, Esq.
OATS & MARINO (LAF)
100 E Vermilion St Ste 400
Lafayette, LA 70501
Phone: (337) 233-1100
Fax: (337) 233-1178
Email: pmcintire@oatsmarino.com
DROPLETTE INC: Tatum-Rios Files ADA Suit in S.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Droplette Inc. The
case is styled as Lynnette Tatum-Rios, individually and on behalf
of all other persons similarly situated v. Droplette Inc. doing
business as: Droplette, Case No. 1:22-cv-01023 (S.D.N.Y., Feb. 4,
2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Droplette -- https://droplette.io/ -- is a simple-to-use, at-home
treatment that infuses active ingredients deep into the skin
through a powerful, yet gentle micro-mist.[BN]
The Plaintiff is represented by:
Christopher Howard Lowe, Esq.
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170-1830
Phone: (212) 764-7171
Email: chris@lipskylowe.com
ELANCO ANIMAL: Parasiticide Harmful to Pets, Dahl Suit Alleges
--------------------------------------------------------------
STACIA DAHL, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED
v. ELANCO ANIMAL HEALTH INCORPORATED, Case No. Case
4:22-cv-00011-BMM-JTJ (D. Mont., Feb. 4, 2022) concerns the
Defendant's marketing that stresses the importance of its
Interceptor (TM) Plus medicine and the risks parasites present to
pets yet fails to properly inform the public of the Product's
risks.
According to the complaint, the Defendant's "profits over pets"
strategy has resulted in thousands of severe adverse reactions and
deaths to dogs throughout the country.
Interceptor (TM) Plus has two active ingredients: Milbemycin oxime
and Praziquantel.
According to an article published by the Journal of Veterinary
Medicine & Surgery, based on information obtained by the Food and
Drug Administration ("FDA"), thousands of pets are being harmed and
dying from the Product's active ingredients. The article further
states the dangers posed by the Product have been known for years.
For example, the article states, "Similarly, apparent ‘improved'
product formulation releases for Interceptor Plus (TM) (2015) Have
all shown moderate to marked increases in adverse reaction reports
and deaths when compared to their respective earlier
formulations."
In other words, "new and improved" versions of the Product have
been shown to be far deadlier than prior versions. Nevertheless,
Defendant continues to sell Interceptor (TM) Plus to consumers and
their four-legged companions.
In recent years, the active ingredients in the Product have caused
over 172,000 adverse reactions and almost 5,000 dog deaths, says
the suit.
Yet nowhere in the labeling, advertising, statements, warranties
and/or packaging does Defendant disclose that the Interceptor (TM)
Plus can cause severe injury and/or death in the dogs who consume
it. The Defendant warrants, promises, represents, labels and/or
advertises that Interceptor (TM) Plus is safe for use through the
pictures of the happy, healthy dogs which appear on the front of
the Products and in other marketing, the suit added.
The Defendant manufactures distributes, markets, labels and sells
chewable medicine for animals under its Interceptor (TM) Plus brand
purporting to provide broad-spectrum parasite protection (the
"Product").
During the Class Period, the Plaintiff purchased the Interceptor
Plus (TM) for her dogs. The Product is used for two purposes:
a. to prevent heartworm disease and
b. to treat and control infection of adult hookworm, adult
roundworm, adult whipworm, and adult tapeworm.
The Product claims to protect against multiple deadly parasites
including:
--Heartworm disease (Dirofilaria immitis);
--Adult hookworm (Ancylostoma caninum);
--Adult roundworm (Toxocara canis, Toxascaris leonina);
--Adult whipworm (Trichuris vulpis);
--Adult tapeworm (Taenia pisiformis, Echinococcus
multilocularis,
Echinococcus granulosus and Dipylidium caninum).[BN]
The Plaintiff is represented by:
John Heenan, Esq.
HEENAN & COOK, PLLC
1631 Zimmerman Trail, Ste 1
Billings, MT 59102
Telephone: (406) 839-9091
E-mail: john@lawmontana.com
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd., Ste. 409
Great Neck NY 11021
Telephone: (516) 268-7080
Facsimile: (516) 234-7800
E-mail: spencer@spencersheehan.com
- and -
Steffan T. Keeton, Esq.
THE KEETON FIRM LLC
100 S Commons, Ste. 102
Pittsburgh PA 15212
Telephone: (888) 412-5291W
E-mail: stkeeton@keetonfirm.com
ELECTROLUX HOME: Scheduling Order Entered in Reichardt Class Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as JOHN REICHARDT, et al., v.
ELECTROLUX HOME PRODUCTS INC., Case No. 2:17-cv-00219-BHL (E.D.
Wisc.), the Court entered a scheduling order as follows:
1. All fact discovery must be April 29, 2022
completed no later than:
2. Both parties' primary expert March 11, 2022
witness disclosures are due
on or before:
3. Rebuttal expert witness April 15, 2022
disclosures are due on or
before:
4. All expert discovery must be June 17, 2022
completed no later than:
5. Motions for class certification July 1, 2022
under Fed. R. Civ. P. 23 must
be filed no later than:
6. The Defendant's opposition to Aug. 5, 2022
class certification must be
filed no later than:
7. The Plaintiffs' reply in support Aug. 19, 2022.
of class certification must be
filed no later than:
8. Motions challenging expert Sept. 16, 2022
testimony under Daubert must
be filed no later than:
9. Response briefs on any Oct. 7, 2022
Daubert issues must be
filed by:
10. Daubert reply briefs must Oct. 21, 2022
be filed by:
11. Motions for summary judgment Jan. 13, 2023.
must comply with Fed. R. Civ. P.
56 and Civil L. R. 7 and shall be
served and filed on or before:
Electrolux manufactures and distributes electrical appliances.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3HyINHo at no extra charge.[CC]
EQUIFAX INFORMATION: Sullivan Files FCRA Suit in D. Arizona
-----------------------------------------------------------
A class action lawsuit has been filed against Equifax Information
Services LLC. The case is styled as Corinna Sullivan, individually
and on behalf of all others similarly situated v. Equifax
Information Services LLC, Case No. 4:22-cv-00061-BGM (D. Ariz.,
Feb. 7, 2022).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Equifax Information Services -- https://www.equifax.com/ -- offers
financial, consumer and commercial data, and analytical
solutions.[BN]
The Plaintiff is represented by:
Cy Treven Hainey, Esq.
HILLTOP LAW FIRM
P.O. Box 9096
Phoenix, AZ 85068
Phone: (602) 466-9631
Fax: (602) 466-9631
Email: cy@hilltoplawfirm.com
- and -
David James McGlothlin, Esq.
Ryan Lee McBride, Esq.
KAZEROUNI LAW GROUP APC
4455 E Camelback Rd., Ste. C250
Phoenix, AZ 85018
Phone: (800) 400-6808
Fax: (800) 520-5523
Email: david@kazlg.com
ryan@kazlg.com
FLIPKEY LLC: Weekes Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Flipkey, LLC. The
case is styled as Robert Weekes, individually, and on behalf of all
others similarly situated v. Flipkey, LLC, Case No. 1:22-cv-00987
(S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
FlipKey -- https://www.flipkey.com/ -- is a leading vacation rental
marketplace that makes it easy, safe, and fun to find and book the
perfect place to stay.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
FOR LIFE PRODUCUCTS: Feb. 10 Case Management Conference Vacated
---------------------------------------------------------------
In the class action lawsuit captioned THOMAS IGLESIAS, et al., v.
FOR LIFE PRODUCTS, LLC, Case No. 3:21-cv-01147-TSH (N.D. Cal.), the
Hon. Judge Thomas S. Hixson entered an order vacating the February
10 case management conference.
The Plaintiffs shall file their motion for class certification by
May 11, 2022. If Plaintiffs do not intend to file their motion by
May 11, the parties shall instead meet and confer and file a joint
updated status report by that date, Judge Hixson says.
FLP, with headquarters in Miramar, Florida, manufactures and
markets innovative, practical home and automotive surface-care
products.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3Hvjt5a at no extra charge.[CC]
FOSSIL GROUP: Weekes Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Fossil Group, Inc.
The case is styled as Robert Weekes, individually, and on behalf of
all others similarly situated v. Fossil Group, Inc., Case No.
1:22-cv-00989 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Fossil Group, Inc. -- https://www.fossilgroup.com/ -- is an
American fashion designer and manufacturer founded in 1984 by Tom
Kartsotis and based in Richardson, Texas.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
FOURTHWALL INC: Weekes Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Fourthwall, Inc. The
case is styled as Robert Weekes, individually, and on behalf of all
others similarly situated v. Fourthwall, Inc., Case No.
1:22-cv-00985 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Fourthwall -- https://fourthwall.com/ -- is the first all-in-one
creator business platform that lets you launch your own website,
where your community can support you.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
GREEN SPROUTS: Weekes Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Green Sprouts, Inc.
The case is styled as Robert Weekes, individually, and on behalf of
all others similarly situated v. Green Sprouts, Inc., Case No.
1:22-cv-00980 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Green Sprouts -- https://greensproutsbaby.com/ -- provides healthy
and natural baby products for baby's well-being and whole
development, along with resources for natural parenting.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
HANOVER HOLDINGS: Melgoza Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Hanover Holdings. The
case is styled as Eric Melgoza, individually, and on behalf of
other members of the general public similarly situated v. Hanover
Holdings, Case No. BCV-22-100210 (Cal. Super. Ct., Kern Cty., Jan.
25, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Hanover Holdings is located in Bakersfield, California and is part
of the Management of Companies and Enterprises Industry.[BN]
The Plaintiff is represented by:
Douglas Han, Esq.
JUSTICE LAW CORPORATION
751 N Fair Oaks Ave, Ste. 101
Pasadena, CA 91103-3069
Phone: (818) 230-7502
Fax: (818) 230-7259
Email: dhan@justicelawcorp.com
HEALTH ROVER: Tatum-Rios Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Health Rover LLC. The
case is styled as Lynnette Tatum-Rios, individually and on behalf
of all other persons similarly situated v. Health Rover LLC. doing
business as: Health Rover, Case No. 1:22-cv-01043 (S.D.N.Y., Feb.
7, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Health Rover -- https://www.thehealthrover.com/ -- delivers a
quality and convenient medical experience to individuals and
companies.[BN]
The Plaintiff is represented by:
Douglas Brian Lipsky, Esq.
LIPSKY LOWE LLP
630 Third Avenue Fifth Floor
New York, NY 10017
Phone: (212) 392-4772
Fax: (212) 444-1030
Email: doug@lipskylowe.com
HOME DEPOT: Faces Jamieson Suit Over Unfair Business Practices
--------------------------------------------------------------
JOSEPH JAMIESON and EDUARDO SANDOVAL on behalf of themselves and
all similarly situated persons, and the general public v. HOME
DEPOT U.S.A., INC., Case No. 5:22-cv-00234 (C.D. Cal., Feb. 4,
2022) is putative class action brought by the Plaintiffs against
Home Depot, for damages sustained by the Plaintiffs, based on Home
Depot's wrongful actions including unreimbursed expenses and unfair
business practices.
According to the complaint, the Plaintiff and Class Members
were/are required by Home Depot to use their personal cell phones
to make and/or receive calls, send and/or receive text messages,
scan, and use the calculator on their personal cell phone in order
to discharge their duties at the direction and demands of Home
Depot.
The Plaintiffs and Class Members were required to use their
personal cell phones on an everyday basis, throughout the day,
throughout their employment with Home Depot. These expenses
incurred were reasonable and necessary for Plaintiffs and Class
Members to perform their work for Home Depot. The Plaintiffs and
Class Members have incurred cell phone expenses in discharging
their duties to Home Depot and have not been reimbursed by Home
Depot to date, the Plaintiffs allege.
Home Depot is the largest home improvement retailer in the United
States, supplying tools, construction products, appliances, and
services.[BN]
The Plaintiffs are represented by:
Reuben D. Nathan, Esq.
NATHAN & ASSOCIATES, APC
2901 W. Coast Hwy., Suite 200
Newport Beach, CA 92663
Telephone: (949) 270-2798
Facsimile: (949) 209-0303
E-mail: rnathan@nathanlawpractice.com
HOTEL EQUITIES: Coar Files Suit in Cal. Super. Ct.
--------------------------------------------------
A class action lawsuit has been filed against Hotel Equities Group,
LLC. The case is styled as Vance Coar, individually, and on behalf
of other members of the general public similarly situated v. Hotel
Equities Group, LLC, A Georgia Limited Liability Company, Case No.
BCV-22-100229 (Cal. Super. Ct., Kern Cty., Jan. 26, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Hotel Equities -- https://www.hotelequities.com/ -- is a
full-service hotel development and management company.[BN]
The Plaintiff is represented by:
Edwin Aiwazian, Esq.
LAWYERS FOR JUSTICE, PC
410 Arden Avenue, Suite 203
Glendale, CA 91203
Phone: 818-265-1020
Fax: 818-265-1021
I.C. SYSTEM INC: Goodman Files FDCPA Suit in D. New Jersey
----------------------------------------------------------
A class action lawsuit has been filed against I.C. System, Inc. The
case is styled as Jerome Goodman, individually and on behalf of all
others similarly situated v. I.C. System, Inc., Case No.
3:22-cv-00574 (D.N.J., Feb. 4, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
IC System -- https://www.icsystem.com/ -- is the leader in accounts
receivable management.[BN]
The Plaintiff is represented by:
Todd D. Muhlstock, Esq.
THE MUHLSTOCK LAW FIRM, P.C.
100 Garden City Plaza, Suite 500
Garden City, NY 11530
Phone: (516) 974-9400
Fax: (516) 345-1635
Email: todd@muhlstocklaw.com
INDUSTRIAL TEST: Ortega Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Industrial Test
Systems, Inc. The case is styled as Juan Ortega, on behalf of
himself and all others similarly situated v. Industrial Test
Systems, Inc., Case No. 1:22-cv-00966 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Industrial Test Systems, Inc. (ITS) -- https://sensafe.com/ -- is a
leading American manufacturer of instruments and chemistries
designed to test water quality.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
MIZRAHI & KROUB LLP
200 Vesey St, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: jmizrahi@mizrahikroub.com
JNJ LAUNDROMAT: Fails to Provide Timely Wages, Hernandez Suit Says
------------------------------------------------------------------
SOFIA HERNANDEZ JUAREZ, individually and on behalf of others
similarly situated v. JNJ LAUNDROMAT CORP. (D/B/A JNJ LAUNDROMAT
CORP.), BUBBLY LAUNDRY, LLC (d/b/a JNJ LAUNDROMAT CORP.), JACOB
TORRES, and JOEL ROSARIO, Case No. 1:22-cv-01027 (S.D.N.Y., Feb. 4,
2022) seeks unpaid minimum and overtime wages pursuant to the Fair
Labor Standards Act of 1938 and the New York Labor Law, including
applicable liquidated damages, interest, attorneys' fees and
costs.
Ms. Hernandez seeks certification of this action as a collective
action on behalf herself, individually, and all other similarly
situated employees and former employees of the Defendants pursuant
to 29 U.S.C. section 216(b). She is a former employee of the
Defendants.
According to the complaint, the Defendants have compensated
Plaintiff Hernandez on a bi-weekly basis. Despite being a general
worker, the Defendants have allegedly failed to properly pay
Plaintiff her wages within seven days after the end of the week in
which these wages were earned.
The Defendants own, operate, or control a laundromat company
located at 1000 Hoe Avenue, Bronx, New York, under the name "JNJ
Laundromat Corp."[BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM L EGAL , P.C.
60 East 42nd Street, Suite 4510
New York, New York 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
KASCHAK ROOFING: Hourly Employees Class Gets Conditional Status
---------------------------------------------------------------
In the class action lawsuit captioned as ANDREW MILLBECK,
individually and on behalf of all others similarly situated, v.
KASCHAK ROOFING, INC., Case No. 2:21-cv-00967-LA (E.D. Wisc.), the
Hon. Judge Lynn Adelman entered an order that:
1. This action satisfies the requirements for conditional
certification as a "Collective Action" under the Fair
Labor Standards Act ("FLSA") and is conditionally
certified as a collective action under 29 U.S.C. section
216(b).
2. For purposes of conditional certification, the Collective
Action Class shall consist of:
"all hourly employees who worked for Kaschak Roofing
during the time period between August 16, 2018 and August
1, 2021."
3. The Plaintiff Andrew Millbeck is appointed collective
action representative. The laintiff’s counsel, Yingtao Ho
and The Previant Law Firm SC, shall serve as counsel for
the collective class.
4. Notification of this action shall be given to potential
opt-in class members in the form of the notice to the
motion for conditional certification
The Defendant is doing business in commercial and residential
construction.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/34mjjyP at no extra charge.[CC]
KELLY SERVICES: Bazine Seeks Minimum & OT Wages Under Labor Code
----------------------------------------------------------------
SAMY BAZINE, on behalf of himself and all others similarly
situated, and the general public v. KELLY SERVICES GLOBAL, LLC, a
Michigan limited liability company; KELLY SERVICES USA, LLC, a
Michigan limited company; MEDI MALL, INC., a North Carolina
corporation; COSTCO WHOLESALE CORPORATION, a Washington
corporation; and DOES 1 through 50, inclusive, Case No. 220V394008
(Cal. Super., Santa Clara Cty., Feb. 3, 2022), alleges that
Defendants have failed to provide meal periods, failed to pay
premium wages for missed meal and/or rest periods, failed to pay at
least minimum wage for al hours work, and failed to pay overtime
wages under the California Labor Code.
The Plaintiff worked for the Defendants as an hourly, non-exempt
employee from March 2020 through February 21, 2021.
Kelly Services is an American office staffing company that operates
globally.[BN]
The Plaintiff is represented by:
Shaun Setareh, Esq.
Thomas Segal, Esq.
Tyson Gibb, 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
thomas@setarehlaw.com
farrah@setarehlaw.com
KROGER CO: Discovery & PTO Deadlines Extended in Solano Suit
------------------------------------------------------------
In the class action lawsuit captioned as Solano, et al., v. The
Kroger Co., Case No. 3:18-cv-01488 (D. Or.), the Hon. Judge John V.
Acosta entered an order granting joint motion to extend class
certification fact discovery and motion for class certification
deadlines.
(1) Class Certification Fact Discovery is to be completed
within 30 days of the Court's ruling on Plaintiffs'
motions.
(2) Motion for Class Certification is to be filed within 60
days of the Court's ruling on Plaintiffs' motions.
(3) All other remaining deadlines and provisions under the
Court's September 14, 2021 Second Amended Scheduling
Order shall remain in place.
The nature of suit states other statutes -- other statutory
actions.
Kroger is an American retail company that operates supermarkets and
multi-department stores throughout the United States.[CC]
LEARNING RESOURCES: Hedges Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Learning Resources,
Inc. The case is styled as Donna Hedges, on behalf of herself and
all other persons similarly situated v. Learning Resources, Inc.,
Case No. 1:22-cv-01001 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Learning Resources -- https://www.learningresources.com/ -- has a
variety of hands-on educational toys for kids of all ages.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th Street, Suite Phr
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
LGS INVESTMENTS: Ortega Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against LGS Investments, Inc.
The case is styled as Juan Ortega, on behalf of himself and all
others similarly situated v. LGS Investments, Inc., Case No.
1:22-cv-00967 (S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
LGS Investments provides financial services.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
MIZRAHI & KROUB LLP
200 Vesey St, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: jmizrahi@mizrahikroub.com
LHC GROUP: Filing of Class Status Bid Extended to August 26
-----------------------------------------------------------
In the class action lawsuit captioned as Farmer, et al., v. LHC
Group, Inc., Case No. 2:20-cv-03838 (S.D. Ohio), the Hon. Judge
Chelsey M. Vascura entered an order on motion for extension of time
as follows:
-- Class Certification Motion due by: Aug. 26, 2022
-- Discovery due by: Aug. 26, 2022
-- Dispositive motions due by: Sept. 30, 2022
-- Responses due: Oct. 28, 2022
-- Replies due Nov. 14, 2022.
The suit alleges violation of the Fair Labor Standards Act.
LHC Group provides post-acute healthcare services primarily to
medicare beneficiaries in rural markets in the southern United
States.[CC]
LIFE'S FOOD: Howard Files Suit in Cal. Super. Ct.
-------------------------------------------------
A class action lawsuit has been filed against Life's Food, LLC, et
al. The case is styled as Sebastian Howard, and on behalf of all
others similarly situated v. Life's Food, LLC, Stein5, LLC, Blue
Ridge5, LLC, Does 1-10, Case No. 34-2022-00314592-CU-OE-GDS (Cal.
Super. Ct., Sacramento Cty., Jan. 26, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Life's Food -- http://www.lifesfood.net/-- is a franchise of Five
Guys Burgers and Fries.[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
LITTLE BEAN: Ortega Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Little Bean, LLC. The
case is styled as Juan Ortega, on behalf of himself and all others
similarly situated v. Little Bean, LLC, Case No. 1:22-cv-00969
(S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Little Bean is a family owned business that creates custom shirts,
personalized wooden signs, and so much more.[BN]
The Plaintiff is represented by:
Joseph H. Mizrahi, Esq.
MIZRAHI & KROUB LLP
200 Vesey St, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: jmizrahi@mizrahikroub.com
LOWE'S COMPANIES: Faces Hale Suit Over Illegal Background Check
---------------------------------------------------------------
ANTHONY W. HALE, on behalf of himself and on behalf of all others
similarly situated v. LOWE'S COMPANIES, INC., Case No.
3:22-cv-00048 (W.D.N.C., Feb. 3, 2022) is a class action suit
alleging that the Defendant violated the the Fair Credit Reporting
Act of 1970.
The Plaintiff brings a class claim under 15 U.S.C. section
1681b(b)(3)(A) because, by allegedly taking adverse employment
action based on undisclosed consumer report information against him
and other putative class members without first providing them with
a copy of the pertinent consumer report and a summary of their
rights, the Defendant violated that Section of the FCRA, the
Plaintiff contends.
Had Defendant bothered to provide Plaintiff with a copy of the
consumer report and given him the chance to explain the contents of
his report prior to taking adverse action against him, the
Defendant would have learned that, contrary to the information in
the report generated on Plaintiff by Defendant's consumer reporting
agency (First Advantage), Plaintiff has no felony convictions, the
Plaintiff says.
The Defendant's termination of Plaintiff's employment caused
Plaintiff damages in the form of lost pay, and emotional damages
due to stress caused by the loss of a job he should certainly have
retained.
Furthermore, the Defendant caused Plaintiff to suffer an
informational injury by denying him of information in the form of a
compliant pre-adverse action notice containing a copy of the
consumer report at issue, and a copy of his rights under the FCRA,
both of which he is plainly entitled under 15 U.S.C. section
1681b(b)(3). These same injuries are shared by all members of the
putative Pre-Adverse Action class Plaintiff seeks to represent in
this litigation, added the suit.
The Defendant is a home-improvement retailer headquartered in
Mooresville, North Carolina and doing business across the country
including in Hillsborough County, Florida.[BN]
The Plaintiff is represented by:
Brett Dressler, Esq.
SELLERS, AYERS, DORTCH & LYONS, PA
301 S. McDowell Street, Ste. 410
Charlotte, NC 28204
Telephone: (704) 377-5050
E-mail: BDressler@sellersayers.com
- and -
Leonard A. Bennett, Esq.
CONSUMER LITIGATION ASSOCIATES , P.C.
763 J. Clyde Morris Blvd., Suite 1-A
Newport News, VA 23601
Telephone: (757) 930-3660
Facsimile: (757) 930-3662
E-mail: craig@clalegal.com
LOWES COMPANIES: Hale Files FCRA Suit in W.D. North Carolina
------------------------------------------------------------
A class action lawsuit has been filed against Lowes Companies, Inc.
The case is styled as Anthony W. Hale, on behalf of himself and on
behalf of all others similarly situated v. Lowes Companies, Inc.,
Case No. 5:22-cv-00013-KDB-DSC (W.D.N.C., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Lowe's Companies, Inc., often shortened to Lowe's --
http://www.lowes.com/-- is an American retail company specializing
in home improvement.[BN]
The Plaintiff is represented by:
Brett E. Dressler, Esq.
SELLERS, AYERS, DORTCH & LYONS, PA
301 S. McDowell Rd, Suite 410
Charlotte, NC 28204
Phone: (704) 377-5050
Fax: (704) 339-0172
Email: bdressler@sellersayers.com
LVNV FUNDING: Brown Suit Removed to D. New Jersey
-------------------------------------------------
The case styled as Timothy Brown, on behalf of himself and all
others similarly situated v. LVNV Funding, LLC, Resurgent Captial
Services, L.P., Case No. MID L 006197 21 was removed from the
Superior Court Of New Jersey Middlesex County, to the U.S. District
Court for the District of New Jersey on Feb. 4, 2022.
The District Court Clerk assigned Case No. 3:22-cv-00581-PGS-TJB to
the proceeding.
The nature of suit is stated as Consumer Credit.
LVNV Funding -- https://www.lvnvfunding.com/ -- is a debt
collection agency that purchases debt from creditors all over the
country and then attempts to collect that debt.[BN]
The Plaintiff is represented by:
Ryan Leyland Gentile, Esq.
LAW OFFICES OF GUS MICHAEL FARINELLA PC
110 Jericho Turnpike-Suite 100
Floral Park, NY 11001
Phone: (201) 873-7675
Email: rlg@lawgmf.com
The Defendants are represented by:
Peter George Siachos, Esq.
GORDON & REES, LLP
18 Columbia Turnpike, Suite 220
Florham Park, NJ 07932
Phone: (973) 549-2532
Fax: (973) 377-1911
Email: psiachos@grsm.com
MADISON REED: Moore Files Suit in N.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Madison Reed, Inc.
The case is styled as Melissa Moore, individually and on behalf of
others similarly situated v. Madison Reed, Inc., Case No.
1:22-cv-00115-GLS-DJS (N.D.N.Y., Feb. 7, 2022).
The nature of suit is stated as Other Fraud.
Madison Reed -- https://www.madison-reed.com/ -- is an American
brand of hair care and hair color products.[BN]
The Plaintiff is represented by:
Carlos Ramirez, Esq.
REESE LLP
100 W. 93rd-16th Floor
New York, NY 10025
Phone: (914) 860-4994
Email: cramirez@reesellp.com
- and -
George Granade, Esq.
REESE LLP
8484 Wilshire Boulevard-Suite 515
Los Angeles, CA 90211
Phone: (310) 393-0070
Email: ggranade@reesellp.com
- and -
Michael R. Reese, Esq.
REESE, RICHMAN LAW FIRM
875 Avenue of the Americas, 18th Floor
New York, NY 10001
Phone: (212) 643-0500
Fax: (212) 253-4272
Email: mreese@reeserichman.com
MAYO CLINIC: Settlement Deal in Baum Suit Gets Initial Nod
----------------------------------------------------------
In the class action lawsuit captioned as BONITA BAUM, v. MAYO
CLINIC AMBULANCE, and GOLD CROSS AMBULANCE, Case No.
3:20-cv-00409-wmc (W.D. Wisc.), the Hon. Judge William M. Conley
entered an order:
1. denying as moot the Plaintiff's motions to remand for
untimely removal, supplement the plaintiff's brief in
opposition, and certify the class under Rule 23, and the
Defendant's motion to dismiss the amended complaint on
statute of limitations and voluntary payment grounds;
2. granting the Plaintiff's unopposed motion for preliminary
approval of settlement agreement;
3. certifying the following Rule 23 class for settlement
purposes:
"Any patient or person authorized in writing by a patient
to obtain the patient's health care records who requested
the patient's health care records from Mayo Clinic
Ambulance (f/k/a Gold Cross Ambulance Service) or Gold
Cross Ambulance, Inc. and were charged a request, basic,
retrieval, certification or other fee by Mayo Clinic
Ambulance (f/k/a Gold Cross Ambulance Service) or Gold
Cross Ambulance, Inc., directly or indirectly, in
violation of Wis. Stat. Section 146.83(3f)(b)(4) - (5)
during the 6 year period preceding the commencement of
this action;"
The Class specifically excludes the following persons or
entities: (i) Defendants, any predecessor, subsidiary,
sister and/or merged companies, and all of the present or
past directors, officers, employees, principals,
shareholders and/or agents of the Defendants; (ii) any and
all Federal, State, County and/or Local Governments,
including, but not limited to their departments, agencies,
divisions, bureaus, boards, sections, groups, councils
and/or any other subdivision, and any claim that such
governmental entities may have, directly or indirectly;
(iii) any currently-sitting Wisconsin state court Judge or
Justice, or any federal court Judge currently or
previously sitting in Wisconsin, and the current spouse
and all other persons within the third degree of
consanguinity to such judge/justice; (iv) any law firm of
record in these proceedings, including any attorney of
record in these proceedings; (v) any person who would
otherwise belong to the class but who Defendants can
identify as being charged a fee, either directly or
indirectly through a person authorized in writing, but
said fee was not collected or paid to Defendants by
anyone; and (vi) anyone who has recovered the fee at issue
as a member of any class in Moya v. Healthport
Technologies, LLC. Case No. 13CV2642 (Milwaukee Co. Cir.
Ct) (the "Moya Action") or Rave V. Ciox Health LLC., Case
No. 2:18-cv-00305-LA (E.D. Wisc.);
4. appointing the Plaintiff Bonita Baum as class
representative and Matthew C. Lein of Lein Law Offices,
Robert Welcenbach of Welcenbach Law Offices and Scott
Borison of Legg Law Firm, LLP as class counsel;
5. approving the proposed notice to the Settlement Agreement
and authorizing class counsel to distribute it; and
6. approving the following settlement procedure and timeline:
a. no later than March 3, 2022, the Settlement
Administrator shall begin mailing the notice to class
members consistent with the opinion above;
b. class members shall have until 45 days after mailing of
notice to submit a request to be excluded or any
objections;
c. no later than April 28, 2022, class counsel shall file
a petition for attorneys' fees and costs;
d. no later than May 5, 2022, class counsel shall provide
the list of excluded class members to defendant's
counsel;
e. a motion for final approval and any briefing in
support, as well as any objection to class counsel's
fee petition are due on or before May 12, 2022; and
f. the court will hold a fairness hearing on May 19, 2022,
at 1:00 p.m.
The parties estimate that there are over 300 class members,
including the named plaintiff. The Defendants agree to create a
non-reversionary settlement fund of $10,375.00 minus the class
representative fee of $1,500, leaving a total fund of $8,875 for
class members. Claimants may either be the patient for whom the
records were requested or the authorized requesting entity, such as
a law firm, who did not pass on any overcharge to the patient
defined as a "requestor" in the proposed settlement. However, there
will be no claims process for patients, and all funds will go to
the patient class members unless a requestor specifically objects.
Rather, patient class members who paid the alleged overcharge will
receive a pro-rata share of the settlement fund of up to $31.50 per
claim, unless a requestor files an objection to be paid in lieu of
the patient.
Bonita Baum claims that the defendants Mayo Clinic Ambulance and
Gold Cross Ambulance violated Wis. Stat. Section 146.83, which
prohibits health care providers from charging patients or patients'
representatives more than the statutory rate for copies of their
medical records.
Mayo Clinic is an advanced life support service.
Gold Cross provides paramedic-level care to a broad region of
northeastern Wisconsin.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3rx8AdM at no extra charge.[CC]
MCCAIN FOODS: Solem Suit Seeks Unpaid OT Wages Under FLSA & WWPCL
-----------------------------------------------------------------
BETH SOLEM, on behalf of herself and all others similarly situated
v. MCCAIN FOODS USA, INC., Case No. 22-cv-137 (E.D. Wisc., Feb. 3,
2022) is a collective and class action brought pursuant to the Fair
Labor Standards Act of 1938 and the Wisconsin's Wage Payment and
Collection Laws for unpaid overtime compensation, unpaid straight
time (regular) and/or agreed upon wages, liquidated damages, costs,
attorneys' fees, declaratory and/or injunctive relief, and/or any
such other relief the Court may deem appropriate.
According to the complaint, the Defendant operated (and continues
to operate) an unlawful compensation system that deprived and
failed to compensate the Plaintiff and all other current and former
hourly-paid, non-exempt employees for all hours worked and work
performed each workweek, including at an overtime rate of pay for
each hour worked in excess of 40 hours in a workweek, by:
(1) shaving time (via electronic timeclock rounding) from the
Plaintiff's and all other hourly-paid, non-employees' weekly
timesheets for pre-shift and post-shift hours worked and/or
work performed, to the detriment of said employees and to the
benefit of Defendant;
(2) failing to compensate said employees for pre-shift and post-
shift hours worked and/or work performed when said employees
were engaged in, respectively, donning and doffing food
processing-related protective gear and other equipment; and
(3) failing to include all forms of non-discretionary compensation,
such as monetary bonuses, incentives, awards, and/or other
rewards and payments, in said employees' regular rates of pay
for overtime calculation purposes.
In March 1994, the Defendant hired Plaintiff as an hourly-paid,
non-exempt employee working at Defendant's Appleton, Wisconsin
location.
McCain is a food processor and manufacturer.[BN]
The Plaintiff is represented by:
Scott S. Luzi, Esq.
James A. Walcheske, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Telephone: (262) 780-1953
Facsimile: (262) 565-6469
E-mail: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
MEDTRONIC INC: Lamug FCRA Suit Transferred to D. Minnesota
----------------------------------------------------------
The case styled as Gloria Lamug, individually and on behalf of
herself and all others similarly situated v. Medtronic, Inc.,
Covidien, L.P., a Delaware Limited Partnership, Does, 1-50,
inclusive, Case No. 8:22-cv-00015 was transferred from the U.S.
District Court for the Central District of California, to the U.S.
District Court for the District of Minnesota on Feb. 3, 2022.
The District Court Clerk assigned Case No. 0:22-cv-00337-NEB-BRT to
the proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Medtronic -- https://europe.medtronic.com/xd-en/index.html -- is a
global leader in medical technology, services, and solutions.[BN]
MERCHBAR INC: Weekes Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Merchbar, Inc. The
case is styled as Robert Weekes, individually, and on behalf of all
others similarly situated v. Merchbar, Inc., Case No. 1:22-cv-00990
(S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Merchbar -- https://www.merchbar.com/ -- is an operator of an
online marketplace used to be used for selling music band
merchandise.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
MERCURY INDEMNITY: Fails to Pay Total Loss Claims, Mussi Suit Says
------------------------------------------------------------------
NILDA MUSSI, individually on behalf of a class of similarly
situated persons v. MERCURY INDEMNITY COMPANY OF AMERICA, Case No.
22-000571-CI (Fla. Cir., Pinellas Cty., Feb. 3, 2022) is a class
action lawsuit on behalf of the Plaintiff and all other persons
similarly situated, who insured a vehicle for physical damage
coverage under policies of automobile insurance issued by the
Defendant, seeking declaratory judgment, breach of contract and for
unjust enrichment in the alternative.
The Plaintiff is a customer of MICA, which issued an insurance
policy to Plaintiff for private passenger auto insurance.
The Plaintiff and the putative members of the Class are each
insured under standardized insurance policies issued by MICA which
covered damage to motor vehicles. Each has been involved in an
incident that resulted in sufficient damage to their insured
vehicle that MICA declared to be total losses, triggering MICA's
duty under their insurance policies to make actual cash value
settlement payments of their insurance claims.
The suit alleges the failure of MICA to adjust and pay Plaintiff's
and the Class members' total loss claims in compliance with its
insurance policy and Florida Statutes.
As a result, MICA has unfairly and unjustly retained substantial
sums that should have been paid to policyholders who suffered a
total loss of their insured vehicles. MICA thereby breached its
contract with Plaintiff and other Class members and was unjustly
enriched through its unlawful practice, the lawsuit says.
MERCURY INDEMNITY COMPANY OF AMERICA operates as an insurance
firm.[BN]
The Plaintiff is represented by:
Ryan M. Kelly, Esq.
Jeffrey A. Berman, Esq.
Patrick J. Solberg, Esq.
ANDERSON + WANCA
3701 Algonquin Road, Suite 500
Rolling Meadows, IL 60008
Telephone: (847) 368-1500
E-mail: rkellv@andersonwanca.com
ibeiman@andersonwanca.com
psolberg@andersonwanca.com
MIDAMERICAN ENERGY: Mata Seeks Unpaid Overtime Wages Under FLSA
---------------------------------------------------------------
LOUIS MATA, JR., individually and on behalf of all others similarly
situated v. MIDAMERICAN ENERGY SERVICES, LLC, Case No.
4:22-cv-00027-SMR-SHL (S.D. Iowa, Feb. 4, 2022) seeks to recover
unpaid overtime wages and other damages from Midamerican Energy
under the Fair Labor Standards Act.
Mata and the other workers like him ("Putative Class Members")
regularly worked for Midamerican Energy in excess of 40 hours each
week. Allegedly, these workers never received overtime for hours
worked in excess of 40 hours in a single workweek.
Mata contends that he worked for Midamerican Energy from May 2018
through April 2019 as an inspector on wind turbine construction
sites. Throughout his time with Midamerican Energy, he asserts that
he received a day-rate with no overtime compensation.
Midamerican Energy Services, LLC was founded in 2015. The company's
line of business includes the generation, transmission, and/or
distribution of electric energy.[BN]
The Plaintiff is represented by:
Madison Fiedler-Carlson, Esq.
FIEDLER LAW FIRM, P.L.C.
8831 Windsor Parkway
Johnston, IA 50131
Telephone: (515) 254-1999
Facsimile: (515) 254-9923
E-mail: madison@employmentlawiowa.com
- and -
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
MIDLAND CREDIT: Settlement Deal Finally Approved in Adkins Suit
---------------------------------------------------------------
In the class action lawsuit captioned as STEPHANIE ADKINS and
DOUGLAS SHORT, on behalf of themselves and all others similarly
situated, v. MIDLAND CREDIT MANAGEMENT, INC., Case No.
5:17-cv-04107 (S.D.W.Va.), the Hon. Judge Frank W. Volk entered an
order:
1. granting final approval in all respects of the terms and
provisions of the Class Settlement and Release Agreement
("Settlement Agreement"), which the Court preliminarily
approved by Order entered on September 14, 2021;
2. awarding each Plaintiffs and Class Representatives
Stephanie Adkins and Douglas Short a service award of
$10,000 in recognition of their service to the class;
3. awarding Class Counsel their attorneys’ fees from the
settlement fund in the amount of $331,666.67, which
represents one-third of the settlement fund;
4. awarding Class Counsel their litigation expenses from the
settlement fund in the amount of $10,881.17;
5. awarding the Class Administrator an administrative costs
and fees incurred from the settlement fund;
6. dismissing the class and individual claims in this action
on the merits and with prejudice; and
MCM, a wholly-owned subsidiary of Encore Capital Group, Inc., is a
specialty finance company.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3J7QLYx at no extra charge.[CC]
MOBILE BATTERY: Sanchez Seeks OT Pay for Repairpersons Under FLSA
-----------------------------------------------------------------
MANUEL SANCHEZ, and all others similarly situated v. MOBILE BATTERY
SERVICES, INC, a Florida Corporation and RICHARD JARAMILLO, SR.,
individually, Case No. 1:22-cv-20359-JLK (S.D. Fla., Feb. 3, 2022)
seeks to recover overtime compensation, liquidated damages,
reasonabl attorneys' fees and costs, and other relief under the
Fair Labor Standards Act.
The Plaintiff and all others similarly situated were employed by
the Defendants as mobile repairpersons, and performed non-exempt
duties on behalf of the Defendants.
The Plaintiff contends that he and those similarly situated are
entitled to be paid time and one-half of his regular rate of pay
for each hour worked in excess of 40 hours per work week.
Mobile Battery Services, Inc. is a Florida-based mobile battery
service provider. [BN]
The Plaintiff is represented by:
Jonathan S. Minick, Esq.
JONATHAN S. MINICK, P.A.
E-mail: jminick@jsmlawpa.com
169 E. Flagler St., Suite 1600
Miami, FL 33131
Telephone: (786) 441-8909
Facsimile: (786) 523-0610
NASSAU COUNTY, NY: Court Certifies Davidson EPA Suit
----------------------------------------------------
In the class action lawsuit captioned as DANIELLE DAVIDSON, JAMES
DELAHUNTY, MATTHEW SARTER, and all others similarly situated, v.
COUNTY OF NASSAU, Case No. 2:19-cv-01102-GRB-JMW (E.D.N.Y.), the
Hon. Judge James M. Wicks entered an order granting the Plaintiffs'
motion to certify this case as a class action.
The Plaintiffs have met the requirements of Rule 23, Judge Wicks
says.
This case is the latest iteration of a series of lawsuits brought
by the Plaintiffs -- male and female Police Communications
Operators ("PCOs") and Police Communications Operators Supervisors
("PCOSs") – alleging that their employer Defendant County of
Nassau subjected them to a system of illegal employment practices.
Past cases, some of which remain pending, involve allegations of
federal and state wage and hour violations, while others involve
allegations of Equal Pay Act violations. Presently, the Plaintiffs
allege that Defendant has violated, inter alia, Title VII of the
Civil Rights Act of 1964, and New York Human Rights Law, in
creating a system whereby the predominantly male Fire Communication
Technicians ("FCTs") and Fire Communications Technicians
Supervisors ("FCTSs") are treated more favorably than the
predominantly female PCOs and PCOSs, despite having nearly
identical job responsibilities.
Specifically, even though both the police and fire operators and
supervisor groups are comprised of males and females, because the
majority of FCTs and FCTSs are male, Plaintiffs allege that
Defendant's favorable treatment of FCTs and FCTSs constitutes
sexual discrimination in violation of both Title VII and NYHRL.
The Plaintiffs are male and female PCOs and PCOSs for Defendant
Nassau County. Of the approximately two hundred PCOs and PCOSs
currently employed by Defendant, over ninety percent are female.
The Plaintiffs allege that Defendant fails to provide them straight
time or overtime pay for any hours worked over 40 hours, i.e. the
eight additional hours over supplemental days.
The Plaintiffs commenced this action on February 25, 2021. The
Defendant moved to dismiss the complaint for failure to join the
Civil Service Employees Association, Inc. (the "Union") as an
indispensable party pursuant to Federal Rule of Civil Procedure
12(b)(7) or, alternatively, to join the Union as an indispensable
party pursuant to Federal Rule of Civil Procedure 19.
The Hon. Gary R. Brown then denied that motion in its entirety. The
Defendant proceeded to file an answer on June 25, 2020 as well as a
third-party complaint against the Union on July 9, 2020.
The Union then moved to dismiss Defendant's third-party complaint,
which Judge Brown also denied. Following the Union's answer to the
third-party complaint, the Plaintiffs filed the present motion for
class certification, which Defendant opposes. The undersigned held
oral argument on January 26, 2022 and reserved decision.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3J6KDj9 at no extra charge.[CC]
NATIONSTAR MORTGAGE: Parker Suit Removed to D. Rhode Island
-----------------------------------------------------------
The case styled as Linda Parker, Gary Slater, Lauren Slater,
Kristen Flint, Alfred Flint, Wayne H. Goodlin, James S. Dicenzo,
Michael A. Ault, Daniel J. Oshea, Anthony Antonelli, Jason W.
Arena, Marilyn S. Arena, Jennifer Hightower, Dennis Paquin,
Alexandra Lopes Ortiz formerly known as: (fka Montufar), Maria
Francisco formerly known as: Ramos, Dawn M. Case, Gayle S. Amaral,
on behalf of themselves and all others so similarly situated v.
Nationstar Mortgage, LLC (DBA Mr. Cooper); The Bank of New York
Mellon Trust Company, N.A. as successor in interest to all
permitted successors and assigns of JP Morgan Chase Bank, National
Association as Trustee for Specialty Underwriting and; The Bank of
New York Mellon f/k/a The Bank of New York as Trustee for First
Horizon Alternative Mortgage Securities Trust 2005-AA8; The Bank of
New York Mellon Trust f/k/a The Bank of New York as Trustee for
First Horizon Alternative Mortgage Securities Trust 2005-FA5; The
Bank of New York Mellon f/k/a The Bank of New York as Trustee for
the Holders of the Certicates, First Horizon Mortgage Pass-Through
Certicates Series FHAMS 2005-FA11; The Bank of New York Mellon
f/k/a The Bank of New York as Trustee for the Holders of the
Certicates, First Horizon Mortgage Pass-Through Certicates Series
FHAMS 2005-AA12; The Bank of New York Mellon f/k/a The Bank of New
York as Trustee for First Horizon Alternative Mortgage Securities
Trust 2006-FA3; The Bank of New York Mellon as Trustee for
Nationstar Home Equity Loan Trust 2007-C; The Bank of New York
Mellon f/k/a The Bank of New York, as Trustee for the Holders of
the Certicates, First Horizon Pass-Through Certicates series FHAMS
2005-AA9; The Bank of New York Mellon f/k/a The Bank of New York as
Trustee for First Horizon Alternative Mortgage Securities Trust
2005-AA10; Wells Fargo Bank, National Association, as Trustee for
Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed
Certicates, Series 2005-FM1; Wells Fargo Bank, National
Association, as Trustee for Lehman Mortgage Trust Mortgage
Pass-Through Certicates, Series 2007-5; Wilmington Trust Company,
as Trustee for Structured Asset Securities Mortgage Pass-Through
Certicates, Series, 2005-4XS; Wilmington Trust, National
Association, as Trustee to Citibank, N.A. as Trustee to Lehman XS
Trust Mortgage Pass-Through Certicates, Series 2006-1; Wilmington
Savings Fund Society, FSB, d/b/a Christiana Trust, not individually
but as Trustee for Pretium Mortgage Acquisition Trust; Springfield
Home Equity, Inc., F/K/A American General Home Equity, Inc.; Case
No. PC2022-00032 was removed from the Providence County Superior
Court, to the U.S. District Court for the District of Rhode Island
on Feb. 4, 2022.
The District Court Clerk assigned Case No. 1:22-cv-00060 to the
proceeding.
The nature of suit is stated as Real Property: Foreclosure.
Nationstar Mortgage, LLC doing business as Mr. Cooper --
http://www.mrcooper.com/-- is one of the largest home loan
servicers in the country.[BN]
The Plaintiffs appear pro se.
The Defendants are represented by:
Krystle Guillory Tadesse, Esq.
LOCKE LORD LLP
2800 Financial Plaza
Providence, RI 02903
Phone: (401) 274-9200
Fax: (401) 276-6611
Email: krystle.tadesse@lockelord.com
NEW ORIENTAL: Faces Bricklayers Securities Suit Over Decline of ADS
-------------------------------------------------------------------
BRICKLAYERS' & ALLIED CRAFTWORKERS LOCAL No. 2 ALBANY, NY PENSION
FUND, Individually and on Behalf of All Others Similarly Situated
v. NEW ORIENTAL EDUCATION & TECHNOLOGY GROUP INC., CHENGGANG ZHOU,
MICHAEL MINHONG YU and ZHIHUI YANG, Case No. 1:22-cv-01014
(S.D.N.Y., Feb. 4, 2022) is a securities class action on behalf of
all persons who purchased New Oriental American Depository Shares
between April 24, 2018 and July 22, 2021, both dates inclusive,
seeking to pursue remedies under the Securities Act of 1934.
The Class Period begins on April 24, 2018. On that date, New
Oriental issued a release announcing the Company's financial
results for the third quarter of 2018 ended February 28, 2018. The
release stated that New Oriental had achieved total net revenue for
the quarter of $618.1 million, a 41.2% year-over-year increase. The
release also stated that during the quarter New Oriental's total
student enrollment in academic subject tutoring and test
preparation courses had increased by 7.7% year-over-year, to
approximately 861,000 students. In the release, defendant Yu stated
that "our K-12 all-subjects after-school tutoring business
accelerated its growth momentum in the third quarter, leading to a
significant year-over-year revenue increase of 51%.'"
That same day, New Oriental held an earnings call with analysts and
investors hosted by Defendant Yang.
On July 24, 2018, New Oriental issued a release announcing the
Company's financial results for the fourth quarter and fiscal year
ended May 31, 2018. The release stated that the Company had
achieved total net revenue for the quarter of $701 million, a 44.1%
year-over-year increase. The release also stated that during the
quarter New Oriental's total student enrollment in academic subject
tutoring and test preparation courses had increased by 44.9%
year-over-year, to approximately 2.1 million students.
On November 14, 2021, New Oriental announced that it would cease
offering tutoring services related to academic subjects to students
from kindergarten through grade nine across all learning centers in
China by the end of 2021. The Company stated that the cessation of
these activities would have a "substantial adverse impact on our
revenues for the fiscal year ending May 31, 2022 and subsequent
periods" given that such revenues "accounted for approximately 50%
to 60% of our group's total revenues for each fiscal year."
On January 10, 2022, media reports stated that defendant Yu had
revealed in a WeChat post that New Oriental had fired 60,000
employees following the government crackdown and suffered a 90%
market value decline and 80% revenue drop. In addition, Yu
reportedly wrote that New Oriental had paid nearly 20 billion yuan
(US$3.1 billion) for tuition refunds, employee dismissals, as well
as teaching site lease cancellations.
On January 24, 2022, New Oriental issued a "profit warning" which
stated that, as a result of the adverse consequences of the Chinese
government crackdown, the Company would record a net loss of
between $800 million and $900 million for the six months ended
November 30, 2021, compared to a profit of $228.6 million for the
comparable period in the prior year.
As a result of Defendants' alleged wrongful acts and omissions, and
the precipitous decline in the market value of New Oriental ADSs,
plaintiff and other Class members have suffered significant losses
and damages.
The Plaintiff brings this action as a class action on behalf of a
class consisting of all persons who purchased New Oriental ADSs
during the Class Period (the "Class").
Excluded from the Class are defendants and their families, the
officers, directors and affiliates of the defendants, at all
relevant times, and members of their immediate families, and their
legal representatives, heirs, successors or assigns, and any entity
in which defendants have or had a controlling interest.
The Plaintiff purchased New Oriental ADSs during the Class Period
and suffered damages as a result.
New Oriental is a Cayman Islands corporation headquartered in
Beijing, China. New Oriental provides private educational and
tutoring services in the People's Republic of China. New Oriental
ADSs trade on the NYSE under the ticker symbol "EDU." Each ADS
represents one share of New Oriental common stock. The Individual
Defendants are Officers of the company.[BN]
The Plaintiff is represented by:
Samuel H. Rudman, Esq.
Vicki Multer Diamond, Esq.
Brian E. Cochran, 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
vdiamond@rgrdlaw.com
bcochran@rgrdlaw.com
- and -
Ginger B. LaChapelle, Esq.
BLITMAN & KING LLP
800 Troy-Schenectady Road, 2nd Floor
Latham, NY 12110-2424
Telephone: (518) 785-4387
Facsimile: (518) 785-9264
E-mail: gblachapelle@bklawyers.com
NISSAN NORTH AMERICA: Losapio Files Suit in M.D. Tennessee
----------------------------------------------------------
A class action lawsuit has been filed against Nissan North America,
Inc. The case is styled as James Losapio, Jr., Kathleen B. Losapio,
individually and on behalf of similarly situated individuals v.
Nissan North America, Inc., Case No. 3:22-cv-00072 (M.D. Tenn.,
Feb. 3, 2022).
The nature of suit is stated as Motor Vehicle Prod. Liability.
Nissan North America Inc. -- http://www.nissanusa.com/-- operates
in the automotive industry. The Company designs, develops, and
manufactures Nissan vehicles and distributes them through dealers
in the United States.[BN]
The Plaintiffs are represented by:
Eugene Y. Turin, Esq.
Steven R. Beckham, Esq.
MCGUIRE LAW, P.C.
55 W. Wacker Dr., 9th Fl.
Chicago, IL 60601
Phone: (312) 893-7002
Email: eturin@mcgpc.com
sbeckham@mcgpc.com
- and -
Jeffrey L. Sanderson, Esq.
WAMPLER, CARROLL, WILSON & SANDERSON, P.C.
208 Adams Ave.
Memphis, TN 38103
Phone: (901) 523-1844
Fax: (901) 523-1857
Email: luke@wcwslaw.com
PALACIOS LANDSCAPING: Mendez Seeks Overtime Pay Under FLSA, NJWHL
-----------------------------------------------------------------
ALVARO MENDEZ, individually and on behalf of all others similarly
situated v. PALACIOS LANDSCAPING & LAWN SERVICES LLC a/k/a PALACIOS
TREE SERVICE and MARVIN PALACIOS, Case No. Case 3:22-cv-00606
(D.N.J., Feb. 4, 2022) seeks equitable and legal relief for the
Defendants' violations of the Fair Labor Standards Act of 1938, the
Internal Revenue Code, the New Jersey Wage and Hour Law, and the
New Jersey Wage Payment Law.
The Defendants employed Plaintiff as a trimmer and landscaper from
January 2015 until July 23, 2021. As a trimmer and landscaper, the
Plaintiff's job duties included trimming trees, landscaping,
picking up garbage, driving trucks to different work locations,
operating heavy machinery, and other landscape duties.
At the start of each workday, Plaintiff was required to arrive at
the Compound at 7:00 a.m., and clock in to Defendants' time
tracking system. At the end of each workday, the Plaintiff was
required to travel back to the Compound to drop off the supplies
and trucks, and clock out of work.
The Plaintiff contends that despite routinely working in excess of
40 hours per week, he and the FLSA Collective Plaintiffs were not
paid overtime compensation of one and one-half times their regular
hourly rates or the applicable minimum wage, whichever is greater,
for all hours worked in excess of 40 per week.
Instead, Defendants compensated Plaintiff and the FLSA Collective
Plaintiffs at a fixed hourly rate for all hours worked, including
those worked over 40 per week, the Plaintiff adds.
Palacios Landscaping provides tree removal, trimming, stump
removal, and other landscaping services to residential and
commercial locations throughout New Jersey and Pennsylvania.[BN]
The Plaintiff is represented by:
Nicole Grunfeld, Esq.
KATZ MELINGER PLLC
370 Lexington Avenue, Suite 1512
New York, NY 10017
Telephone: (212) 460-0047
E-mail: ndgrunfeld@katzmelinger.com
PHILLIPS 66 COMPANY: Dinsmore Files Suit in E.D. Oklahoma
---------------------------------------------------------
A class action lawsuit has been filed against Phillips 66 Company.
The case is styled as Marvin B. Dinsmore, Sheridan Downey, III, as
Administrators of the Estates of David D. Dinsmore and Margaret D.
Dinsmore, on behalf of himself and all others similarly situated v.
Phillips 66 Company, Case No. 6:22-cv-00044-KEW (E.D. Okla., Feb.
7, 2022).
The nature of suit is stated as Other Contract.
The Phillips 66 Company -- https://www.phillips66.com/ -- is an
American multinational energy company headquartered in Westchase,
Houston, Texas.[BN]
The Plaintiffs are represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON, PLLC
431 W Main St, Ste D
Oklahoma City, OK 73102
Phone: (405) 698-2770
Fax: (405) 234-5506
Email: reagan@bradwil.com
ryan@bradwil.com
PHILLIPS FEED: Lambert Files Suit in Cal. Super. Ct.
----------------------------------------------------
A class action lawsuit has been filed against Phillips Feed Service
Inc. The case is styled as Patrick Lambert, and behalf of all other
similarly situated employees v. Phillips Feed Service Inc.,
Phillips Feed Service Company, Incorporated, Does 1 - 10, Case No.
34-2022-00314487-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., Jan.
25, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Phillips Feed Service, Inc., doing business as Phillips Pet Food &
Supplies -- https://www.phillipspet.com/ -- distributes pet food
and supplies.[BN]
The Plaintiff is represented by:
Ashley Davenport, Esq.
DAVENPORT LAW, PC
2298 E Maple Ave.
El Segundo, CA 90245-6507
Phone: 310-504-3989
Email: ashley@lawdavenport.com
PHOENIX SUTTON: Barbosa Suit Seeks Overtime Wages Under FLSA, NYLL
------------------------------------------------------------------
EDGAR BARBOSA, WASHINGTON NAJERA, LUIS LEMACHE, JAVIER BUENO MARCA,
JAIME CORDOVA, RAUL TORRES, VICTOR ABAD, OSCAR AMAYA and JUAN
LOPEZ, individually and on behalf of all others similarly situated
v. PHOENIX SUTTON STR. INC., MICHAL SIWIEC and PETER SIWIEC, as
individuals, Case No. 1:22-cv-00666 (E.D.N.Y., Feb. 4, 2022) seeks
to recover damages and overtime wages pursuant to the Fair Labor
Standards Act and the New York Labor Law arising out of Plaintiffs'
employment at Phoenix Sutton.
The Defendants allegedly failed to pay Plaintiffs overtime wages
for hours worked in excess of 40 hours per week at a wage rate of
one and a half times the regular wage to which Plaintiffs were
entitled under FLSA and NYLL.
The Plaintiffs were employed by the Defendants as a scaffolder,
construction worker, and laborer, while performing other
miscellaneous tasks, at Phoenix Sutton Str. Inc., currently located
at 128 Sutton Street, Brooklyn, New York.[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
Telephone: (718) 263-9591
POLAR CORP: Matthews Files Suit in N.D. Illinois
------------------------------------------------
A class action lawsuit has been filed against Polar Corp. The case
is styled as Jeanne Matthews, individually and on behalf of all
others similarly situated v. Polar Corp., Case No. 1:22-cv-00649
(N.D. Ill., Feb. 4, 2022).
The nature of suit is stated as Other Fraud.
Polar Beverages -- https://polarbeverages.com/ -- is a soft drink
company based in Worcester, Massachusetts.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Ste. 409
Great Neck, NY 11021
Phone: (516) 260-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
POLO FOOD: Violates Wage & Hour Laws, Galvez Class Suit Alleges
---------------------------------------------------------------
CRISIA MARIE DE GALVEZ and MARIA SILVIA BERMUDEZ, individually and
on behalf of all others similarly situated, v. POLO FOOD & DELI
INC., POLIVIO REYES and ARSENIO SANTANA, as individual, Case No.
2:22-cv-00654 (E.D.N.Y., Feb. 4, 2022) seeks to to recover damages
for the Defendants' alleged egregious violations of the Fair Labor
Standards act and the New York Labor Law arising out of Plaintiff's
employment with the Defendants in Hempstead, New York.
The Plaintiff further complains pursuant to the New York State
Human Rights Law, New York State Executive Law, seeking damages to
redress the injuries Plaintiff has suffered as a result of being
sexually harassed and discriminated against by Defendant Reyes.
As a result of the alleged violations, the Plaintiff seeks
compensatory damages and liquidated damages in an amount exceeding
$100,000.00. The Plaintiff also seeks interest, attorneys' fees,
costs, and all other legal and equitable remedies this Court deems
appropriate.[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
Telephone: 718-263-9591
PREPLY INC: Weekes Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Preply, Inc. The case
is styled as Robert Weekes, individually, and on behalf of all
others similarly situated v. Preply, Inc., Case No. 1:22-cv-00986
(S.D.N.Y., Feb. 3, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Preply -- http://preply.com/-- is a language learning app and
e-learning platform headquartered in Kyiv, Ukraine, with offices in
Barcelona, Spain.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, Ste. 24th Floor
New York, NY 10281
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
S.C. MANAGEMENT: Mendoza Suit Seeks Overtime Pay Under FLSA & NYLL
------------------------------------------------------------------
Onofre Mendoza, Sergio Martinez, individually and on behalf of all
others similarly-situated v. S.C. Management Realty LLC, and Kamran
Hakim, Case No. 1:22-cv-01035 (S.D.N.Y., Feb. 4, 2022) alleges
violations of the minimum wage and overtime requirements under the
Fair Labor Standards Act and the New York Labor Law, as well as
wage statement and notice requirements of NYLL.
The Plaintiffs seek to represent a collective made up of all
persons who are or have employed by the Defendants as non-exempt
employees in New York from three years prior to this action's
filing date through the date of the final disposition of the
action.
According to the complaint, the Defendants did not compensate
Plaintiffs one and a half times their regular rates and/or the
applicable minimum wage rate for hours worked in excess of 40 per
week.[BN]
The Plaintiff is represented by:
Finn Dusenbery, Esq.
Robert Ottinger, Esq.
THE OTTINGER FIRM, P.C.
401 Park Avenue South
New York, NY 10016
Telephone: (212) 571-2000
Facsimile: (212) 571-0505
E-mail: robert@ottingerlaw.com
finn@ottingerlaw.com
- and -
Jessica Massimi, Esq.
99 Wall Street, Ste 1264
New York, NY 10005
Telephone: (646) 241-9800
SCANA CORP: Court Terminates w/o Prejudice Withdrawal Bids
----------------------------------------------------------
In the class action lawsuit captioned as Metzler Asset Management
GmbH, et al., v. Gregory E. Aliff, et al., Case No.
3:18-cv-00505-MBS (D.S.C.), the Hon. Judge Margaret B. Seymour
entered an order directing the Clerk of Court to terminate without
prejudice the withdrawal of motions filed by City of Warren Police
and Fire Retirement System.
The parties have agreed to withdraw without prejudice Motion to
Certify Class and Motion to Add Keven Marsh and Stephen A. Byrne
pending approval of a global settlement pending in South Carolina
state court that would encompass the claims made in this case.
Should the proposed global settlement not be approved, the parties
are granted leave to refile their Motions, says Judtge Seymour.
This case is consolidated in Scana Corporation Public
Shareholder Litigation.
The nature of suit states contract -- stockholders involving
diversity-breach of fiduciary duty.[CC]
TINKRWORKS INC: Case Management Order Entered in Surdam Suit
------------------------------------------------------------
In the class action lawsuit captioned as Gary Surdam v. Tinkrworks,
Inc., Case No. 5:22-cv-00055-SB-SHK (C.D. Cal.), the Hon. Judge
Stanley Blumenfeld, Jr. entered an order vacating the mandatory
scheduling conference set for February 11, 2022 and issuing the
case management order as follows:
-- Jury Trial: Dec. 5, 2022
-- Pretrial Conference (including Nov. 18, 2022
hearing on motions in limine):
-- Motion to Amend Pleadings/Add April 8, 2022
Parties (Hearing Deadline):
-- Discovery Deadline (Nonexpert): July 15, 2022
-- Discovery Deadline (Expert): Aug. 12, 2022
-- Initial Expert Disclosure: July 1, 2022
-- Rebuttal Expert Disclosure: July 15, 2022
-- Discovery Motion Hearing Deadline: Aug. 12, 2022
-- Non-Discovery Motion Hearing Aug. 26, 2022
Deadline (including class
certification motion):
-- Settlement Conference Deadline: Sept. 9, 2022
-- Post-Settlement Status Conf.: Sept. 23, 2022
-- Status Report Due: Sept. 16, 2022
-- Trial Filings (First Set) Oct. 21, 2022
Deadline:
-- Trial Filings (Second Set) Nov. 4, 2022
Deadline:
TinkRworks promotes cross-curricular connections to science, math,
engineering, coding, art, design, and data analysis.
A copy of the Court's Civil Minutes -- General dated Feb 3, 2021 is
available from PacerMonitor.com at https://bit.ly/3onVqOb at no
extra charge.[CC]
TIVITY HEALTH: Evidentiary Hearing in Strougo Set for March 8
-------------------------------------------------------------
In the class action lawsuit captioned as ROBERT STROUGO,
Individually and on Behalf of All Others Similarly Situated, v.
TIVITY HEALTH, INC., DONATO TRAMUTO, ADAM C. HOLLAND and DAWN ZIER,
Case No. 3:20-cv-00165 (M.D. Tenn.), the Hon. Judge Waverly D.
Crenshaw, Jr. entered an order granting the Defendants' "motion for
evidentiary hearing insofar as it requests "a short evidentiary
hearing on Plaintiff's Motion for Class Certification to allow
Defendants' expert, Paul A. Gompers, Ph.D, to explain his opinions
and the underlying evidence concerning Plaintiff's Motion and
Defendants' opposition thereto."
The Evidentiary Hearing will be held on March 8, 2022, at 9:00 a.m.
On or before noon on March 3, 2022, the Defendant shall provide the
Court with an estimate as to the length of Dr. Gompers' expected
testimony, as well as a short statement identifying the precise
subjects on which he intends to opine, Judge Crenshaw says.
Also by that deadline, Plaintiff shall provide the name(s) (if any)
of those it intends to call to rebut Dr. Gomper's testimony, the
expected length of their testimony, and a brief summary of that
expected testimony, Judge Crenshaw adds.
Tivity Health is a provider of health improvement, fitness and
social engagement solutions.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3uqudOF at no extra charge.[CC]
TRIPLE CANOPY: Joint Bid to Certify Security Guard Class Filed
--------------------------------------------------------------
In the class action lawsuit captioned as DE'SEAN BUTTERFIELD, on
behalf of Himself and all persons similarly situated, v. TRIPLE
CANOPY, INC. and CONSTELLIS HOLDINGS, LLC, Case No.
2:21-cv-03610-NIQA (E.D. Pa.), the Parties ask the Court to enter
an order:
a. Conditionally certifying a class of:
"all non-exempt armed personnel who are working or have
performed work at the Naval Support Activity Philadelphia
Facility in which they worked at least one workweek in
excess of 40 hours, at any time since July 1, 2019, and
were not paid for pre or post shift work time
(collectively "Security Guards" or the "Fair Labor
Standards Act (FLSA) Class");
b. directing the Defendants to produce to Plaintiff's counsel
the names, last known addresses, telephone numbers, and
email addresses of all potential members of the FLSA Class
within 14 days of the date of Order;
c. permitting the Plaintiff's counsel to issue notice to all
potential members of the FLSA Class by first-class mail,
text message, and email, informing them of their right to
opt in to this case;
d. scheduling an an opt-in period of 60 days, beginning from
the date of Plaintiff's first issuance of notice;
e. allowing the Plaintiff to send reminder notices by text
message and email to all potential members of the FLSA
Class who have not yet responded to notice within 30 days
of the first issuance of notice;
f. approving the Plaintiff's proposed form of notice, and
the Plaintiff's proposed Opt-In Consent Form, to be
included in the issuance of notice; and
g. dismissing the Defendant Constellis Holdings, LLC from
this action with prejudice, with each side assuming their
own attorney fees and costs.
Triple Canopy is an American private security company that provides
integrated security, mission support and risk management services
to corporate, government and nonprofit clients.
Constellis provides end-to-end risk management and comprehensive
security solutions to safeguard people and infrastructure
globally.[CC]
The Plaintiff is represented by:
James E. Goodley, Esq.
Ryan P. McCarthy, Esq.
GOODLEY MCCARTHY LLC
1650 Market Street, Suite 3600
Philadelphia, PA 19103
Telephone: (215) 394-0541
E-ma il: james@gmlaborlaw.com
ryan@gmlaborlaw.com
- and -
Franklin J. Rooks, Jr., Esq.
MORGAN ROOKS, PC
525 Route 73 North, Suite 104
Marlton, NJ 08053
Telephone: (856) 874-8999
E-mail: fjrooks@morganrooks.com
The Defendants are represented by:
Adam T. Simons, Esq.
MCGUIREWOODS LLP
500 East Pratt Street, Suite 1000
Baltimore, MD 21202-3169
Telephone: (410) 659-4400
Facsimile: (410) 659-4599
E-mail: asimons@mcguirewoods.com
TSK EXPRESS: Violates Truth in Leasing Act, Dixon Class Suit Says
-----------------------------------------------------------------
FRANKIE DIXON, MONIQUE PRIDGEN, ERNESTO YAQUE, WAYMAN PATTERSON,
YUSNIEL VAZQUEZ, EVELIO DELGADO RIVERA, and MARIO YODEL BORRAS
GONZALES v. TSK EXPRESS, LLC, NEMANJA JERKOVIC, and NJ EXPEDITE,
LLC, Case No. 1:22-cv-00196-PAB (N.D. Ohio, Feb. 4, 2022) is
brought on behalf of the Plaintiff and all others similarly
situated seeking to redress Defendants' violations of the Truth in
Leasing Act.
The Named Plaintiffs and Class Plaintiffs seek damages caused by
Defendants' violations of lease and interchange regulations, 49
C.F.R. sections 376.11 and 376.12. In some instances, the
Defendants did not provide Named Plaintiffs and Class Plaintiffs
with a copy of their lease, says the suit.
The Plaintiffs assert that the Defendants entered into leases with
them and those similarly situated that violated the provisions of
the TILA. They leased a truck-tractor from Defendants and drove as
an independent owner-operators.
The Plaintiffs' leases with Defendants did not comply with 49 C.F.R
376.12(d) because they did not clearly state on the face of the
lease, or in an addendum which was attached to the lease, the
amount to be paid by Defendants to each Plaintiff for the lease of
his equipment and driver's services. In some instances, the
Defendants did not provide Named Plaintiffs and/or Class Plaintiffs
a copy of the lease. Also, Defendants did not provide Named
Plaintiffs and/or Class Plaintiffs with accurate information as to
the gross revenue of which Named Plaintiffs and/or Class Plaintiffs
were supposed to receive a percentage, the suit added.
TSK Express and NJ Expedite are motor carriers.[BN]
The Plaintiffs are represented by:
John B. Stalzer, Esq.
STALZER LAW
20714 Stratford Avenue
Rocky River, OH 44116
Telephone: (440) 578-7727
WARTBURG COLLEGE: Court Extends Discovery Deadlines
---------------------------------------------------
In the class action lawsuit captioned as SYDNEY WARNER v. WARTBURG
COLLEGE, Case No. 6:21-cv-02029-CJW-MAR (N.D. Iowa), the Hon. Judge
Mark A. Roberts entered an order granting the parties' amended
unopposed joint motion to extend discovery deadlines as follows:
-- Plaintiff's Expert: April 1, 2022
-- The Defendant's Expert: May 16, 2022
-- The Plaintiff's Rebuttal Expert: June 15, 2022
-- The Plaintiff shall file class May 16, 2022
certification motion and
expert reports:
-- The Defendant shall respond June 15, 2022
to class certification and
expert reports:
-- The Plaintiff shall file reply July 14, 2022
brief and rebuttal expert
reports:
-- Completion of Discovery: July 16, 2022
All other deadlines remain unchanged. The parties need to comply
with these revised deadlines and should consider the trial date to
be firm. No future extensions of time will be granted unless there
is a showing of exceptional circumstances, says Judge Roberts.
Wartburg College is a private Lutheran liberal arts college in
Waverly, Iowa.
A copy of the Court's order dated Feb 3, 2021 is available from
PacerMonitor.com at https://bit.ly/3gtdCBu at no extra charge.[CC]
WELBORN CO: McCathrin Seeks OT Pay for Garage Door Techs Under FLSA
-------------------------------------------------------------------
James McCathrin, On Behalf of Himself and All Others Similarly
Situated v. Welborn Companies, LLC (a/k/a Welborn Garage), Case No.
3:22-cv-00282-M (N.D. Tex., Feb. 4, 2022) is a civil action
pursuant to the federal Fair Labor Standards Act and the federal
Portal-to-Portal Pay Act for Defendant's alleged failure to pay the
Plaintiff and the putative collective action members time and
one-half their respective regular rates of pay for all hours worked
over 40 during each seven-day workweek and any wages for his hours
worked during his final workweek of employment with the Defendant.
The Plaintiff was employed by the Defendant from March 29, 2021, to
December 23, 2021 as hourly paid garage door and/or gate
installation and/or repair workers.
The Defendant is in garage door and gate installation and repair
business.[BN]
The Plaintiff is represented by:
Allen R. Vaught, Esq.
VAUGHT FIRM, LLC
1910 Pacific Ave., Suite 9150
Dallas, TX 75201
Telephone: (972) 707-7816
Facsimile: (972) 591-4564
E-mail: avaught@txlaborlaw.com
WOODALLS INC: Extension to File Renewed Class Cert Bid Sought
-------------------------------------------------------------
In the class action lawsuit captioned as Martha Akers, Ray Jordan,
Dyan Matheson, Nancy Oliver, and Dawn Pease, on behalf of
themselves, the class of current, and former mobile homeowners in
the Park and all others similarly situated, v. Timothy Newby, Todd
Newby, Barry Campbell, Neil Brown, Woodalls, Inc., and Newby
Communities, Inc., d/b/a Newby Management, Case No.
8:21-cv-00140-MSS-SPF (M.D. Fla.), the Plaintiffs ask the Court to
enter an order granting enlargement of time for 10 days through
February 14, 2022 to file their renewed Motion for Class
Certification and for such other and further relief as may be just
and proper.
On January 7, 2022 the Court entered its Order denying the
Plaintiffs' motion for class certification without prejudice. The
Court permitted the Plaintiffs to renew their motion on or before
February 4, 2022.
Newby Management is a property management company.
A copy of the Plaintiffs' motion to certify class dated Feb 3, 2021
is available from PacerMonitor.com at https://bit.ly/34m0TOv at no
extra charge.[CC]
The Plaintiffs are represented by:
Daniel W. Perry, Esq.
DANIEL PERRY
4767 New Broad Street, No. 1007
Orlando, FL 32814-6405
E-mail: dan@danielperry.com
danielperry.tel
The Defendant is represented by:
Mahlon Barlow, Esq.
Ali V. Mirghahari, Esq.
SIVYER BARLOW & WATSON, P.A.
SunTrust Financial Centre
401 E. Jackson Street, Suite 2225
Tampa, FL 33602
Telephone: (813) 221-4242
Facsimile: (813) 227-8598
E-mail: mbarlow@sbwlegal.com
mhbassistant@sbwlegal.com
amirghahari@sbwlegal.com
avmassistant@sbwlegal.com
- and -
J. Allen Bobo, Esq.
Jody B. Gabel, Esq.
LUTZ, BOBO & TELFAIR, P.A.
2 North Tamiami Trail, Suite 500
Sarasota, FL 34236-5575
Telephone: (941) 951-1800
Facsimile: (941) 366-1603
E-mail: jabobo@lutzbobo.com
jbgabel@lutzbobo.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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 2022. 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 ***