/raid1/www/Hosts/bankrupt/CAR_Public/220704.mbx
C L A S S A C T I O N R E P O R T E R
Monday, July 4, 2022, Vol. 24, No. 126
Headlines
183 FOOD: Class Action Settlement in Hurtado Gets Final Approval
A & KOLA INC: Tasker Files Suit in C.D. Illinois
AGA SERVICE: Filing of Class Certification Bid Extended to August 5
ALBERTSONS CO: Rapid Release Claims Misleading, Sapienza Alleges
ALLEGHENY COUNTY, PA: Seeks Leave to File Class Cert. Response
ALLY BANK: Filing of Class Cert Bid Due March 27, 2023
AMAZON.COM: Gray Sues Over Deliberate Misinformation
AMERICAN NATIONAL: Miranda Labor Suit Removed to N.D. California
ASHTEL STUDIOS: Prairie Pointe Sues Over Unsolicited Fax Ads
BETSY & ADAM: Senior Files ADA Suit in S.D. New York
BLUE DIAMOND: Faces Cummings Suit Over Mislabeled Almond Products
BROADWAY PARK: Hernandez Class Suit Seeks OT Wages Under FLSA, NYLL
C&H PRECISION: Acevedo, et al. Seek OT Compensation Under FLSA
CEDAR FAIR: Shoemo-Flint Files Suit Over Unpaid Servers' Wages
CHICK-FIL-A INC: Goldstein Consumer Suit Removed to S.D. Fla.
CITADEL SALISBURY: Hooker, et al., File Class Certification Bid
COTY DTC: Website Not Accessible to Blind People, Zinnamon Says
DEERE & CO: Deloach Sues Over Sherman Act Violation
DISTRICT OF COLUMBIA: L.R., et al., Seek Leave to File SAC
DUTCH EXPRESS: Lopez Sues Over Unlawful Deductions & Kickbacks
EYM PIZZA: Dean Sues to Recover Unpaid Minimum, Overtime Wages
GAP INC: McCann Files ADA Suit in W.D. Pennsylvania
HEALTH FIRST: Colucci, et al., Seek Leave to File Class Cert Reply
HEALTH INSURANCE: Moser Seeks Leave to File Sur-Reply
JOHN EDWARD: Curry Seeks to Recover Unpaid Wages Under FLSA
JUUL LABS: Causes Youth Health Crisis, Manteca Unified Suit Says
JUUL LABS: Eau Claire Area Sues Over Deceptive E-Cigarette Ads
JUUL LABS: Faces South Adams Suit Over E-Cigarette's Risks to Youth
JUUL LABS: Markets E-Cigarettes to Youth, Blair-Taylor Suit Says
JUUL LABS: Metropolitan School Sues Over Youth's Nicotine Addiction
JUUL LABS: Triggers Youth E-Cigarette Crisis, Sheridan Suit Claims
LEFTY'S VENTURES: Fails to Pay All Hours Worked, Beck Suit Says
LEONARD DIPASQUALE: Quaqliariello Suit Conditionally Certified
M S INTERNATIONAL: Amador Suit Alleges Unpaid Overtime Wages
MARUKAI CORPORATION: Mejia Files ADA Suit in S.D. New York
MCG HEALTH: Crawford Sues Over Alleged Medical Data Breach
MCG HEALTH: Faces Dresch Suit Over Alleged Medical Data Breach
MCG HEALTH: Thorbecke Class Action Suit Sues Over Data Breach
MICHELLE MOORE: Freedom Champion Files Suit in Cal. Super. Ct.
MIDLAND CREDIT: Brazzil Files FDCPA Suit in S.D. Ohio
MOVING RIGHT: Gil Seeks to Recover Unpaid OT Wages Under FLSA, NYLL
MUY PIZZA-TEJAS: Stotesbery Seeks Delivery Drivers' Minimum Wages
NEW YORK: Scheduling Order Entered in Sughrim Class Suit
NOEL PETER MPAKA: Faces Emran Suit Over Breach of Contract, Fraud
O'NEIL INSURANCE: Clemons Seeks to Certify National DNC Class
OLIN CORPORATION: Fabre Suit Removed to M.D. Louisiana
PAPARAZZI LLC: Burgess Sues Over Deceptive and Misleading Labeling
PARLER INC: Golden Sues Over Unsolicited Telephonic Sales Calls
PAYPAL INC: Al-Ramahi Sues Over Venmo Money Transfer Service
PCRK GROUP: Underpays Spa Employees, Laverty Suit Alleges
PELICAN INVESTMENT: Faces Banks Suit Over Unwanted Telephone Calls
PEPPERIDGE FARM: Cheah Sues Over Cracker Products' Deceptive Label
PEPSICO INC: Ellis NJSWHL Suit Moved From D.N.J. to S.D.N.Y.
PEPSICO INC: Poulson IMWL Suit Moved From S.D. Ind. to S.D.N.Y.
PEPSICO INC: White IMWL Suit Moved From N.D. Ill. to S.D.N.Y.
PORTFOLIO RECOVERY: Mansaray Files FDCPA Suit in D. Massachusetts
PREMIERE GLOBAL: Clair Sues to Recover Unused Vacation
PROCTER & GAMBLE: Calderon Suit Over Mislabeled Vicks Product
PROFESSIONAL PARKING: Davis FCRA Suit Removed to S.D. Florida
PUBLIC BROADCASTING: Discloses Subscribers' Identities, Harris Says
PUBLIC PARTNERSHIPS: Appeals Class Cert. Ruling in Talarico Suit
PURE WAFER: Kovacevic Sues Over Unpaid Minimum, Overtime Wages
RAUSCH STURM: Wan FCRA Suit Removed to S.D. Florida
RAVENSBURGER USA: Mejia Files ADA Suit in S.D. New York
REDROCK TECHNOLOGIES: Villanueva Sues Over Unpaid Overtime Wages
REGULATORY DATACORP: Carr Files FCRA Suit in E.D. Pennsylvania
RESTAURANT STORE: Mejia Files ADA Suit in S.D. New York
RESTORAPET INC: Mejia Files ADA Suit in S.D. New York
RESURGENT CAPITAL: Fletcher Files FCPA Suit in E.D. Pennsylvania
ROCKET MORTGAGE: Synder Class Suit Seeks Unpaid Minimum & OT Wages
ROYAL CARE: Alcantar Sues to Recover Unpaid Wages
SABINE VALLEY: Fails to Pay Overtime Wages, Wilkerson Suit Says
SAIGON GRILL: Appeals Amended Ruling in Garcia Suit to 2nd Cir.
SELECT 7: Takeuchi Seeks Overtime & Minimum Wages Under Labor Code
SPONGEBATH LLC: Mejia Files ADA Suit in S.D. New York
STATE FARM MUTUAL: Ellis Files Suit in M.D. Florida
STATE NATIONAL: Schneider Suit Removed to N.D. Illinois
STUBHUB INC: Appeals Denial of Bid to Dismiss Alcaraz Case
SYNCHRONY FINANCIAL: Retail Wholesale Seeks to Certify Class
TAKATA CORP: Dunn Bid to Publicly File Confidential Exhibits OK'd
TD BANK: Faces Yatham Class Suit Over Zelle Money Transfer Service
THEDROP.COM LLC: Mejia Files ADA Suit in S.D. New York
THOMAS COLVILLE: Website Not Accessible to Blind, Calcano Alleges
TRACTOR SUPPLY: Faces Day Suit Over Failure to Timely Pay Wages
TRINITY TEEN: Sherman, et al., Seek More Time to File Class Cert
UPRISING FOOD: Mejia Files ADA Suit in S.D. New York
USAA CASUALTY: Marrs Suit Removed to D. New Mexico
VERITIV OPERATING: Dombroski-Paiva Sues Over Unpaid Reimbursement
VIVINT INC: Cunningham, et al., Lose Bid for Class Certification
W.G./WELCH MECHANICAL: Aluira Suit Moved From E.D. Va. to D. Md.
WALMART INC: Herbs and Spices Contain Heavy Metals, Gagetta Says
WELLS FARGO: Seeks to Decertify Certified Collective Class
WESTERN DIGITAL: Website Not Accessible to Blind People, Feliz Says
*********
183 FOOD: Class Action Settlement in Hurtado Gets Final Approval
-----------------------------------------------------------------
In the class action lawsuit captioned as FELIPE HURTADO, on behalf
of himself and all others similarly-situated, v. 183 FOOD MARKET
CORP. d/b/a FOOD UNIVERSE, and 2358 FOOD CORP., and ROBERTO
ESPINAL, individually, and 183 MEAT CORP., and 2358 MEAT CORP., and
SERGIO FERNANDEZ, individually, Case No. 1:20-cv-07988-KPF
(S.D.N.Y.), the Hon. Judge Katherine Polk Failla entered an order:
-- On behalf of the Plaintiffs and Rule 23 Plaintiffs, this
Court hereby approves the Settlement, finds that it is, in
all respects, fair, reasonable, adequate, and in the best
interest of Class Members, and with respect to the Rule 23
Plaintiffs.
-- The Court has previously certified and now grants in light
of the date of entry of the Preliminary Approval Order,
final certification to the following two Settlement
Classes:
(a) all individuals employed by Espinal Defendants as non-
managerial employees, who at any time during the period
of September 25, 2017 to January 20, 2021, worked at
the Food Universe supermarkets located at 60 West 183rd
Street, Bronx, New York and 2358 University Avenue,
Bronx, New York 10468; and
(b) all individuals employed by Espinal Defendants as non-
managerial employees, who at any time during the period
of September 25, 2017 to January 20, 2021, worked at
the Food Universe supermarkets located at 60 West 183rd
Street, Bronx, New York and 2358 University Avenue,
Bronx, New York 10468, and who timely submit a Claim
Form, thereby opting into the settlement and, in so
doing, releasing their FLSA claims.
-- The Settlement provides for service awards to the Named
Plaintiff, Felipe Hurtado, in the amount of $10,000.00, and
to the Opt-in Plaintiff, Leonardo Pena Adames, in the
amount of $5,000.00, for a combined total award of
$15,000.00.
-- The Settlement also provides for a payment of $247,500.00,
or the equivalent of 30% of the total Settlement amount as
attorneys' fees, plus $6,471.41 for Class Counsel's out-of-
pocket expenses, to be paid to Class Counsel.
-- Class Administrator fees are to be paid to Arden Claims
Service LLC in the amount of $13,500.00.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3QX38ez at no extra charge.[CC]
A & KOLA INC: Tasker Files Suit in C.D. Illinois
------------------------------------------------
A class action lawsuit has been filed against A & Kola, Inc. The
case is styled as Phillip Tasker, individually and on behalf of
other persons similarly situated v. A & Kola, Inc., Case No.
1:22-cv-01187-MMM-JEH (C.D. Ill., June 1, 2022).
The nature of suit is stated as Other Personal Property for
Property Damage.
A & Kola Inc. is a corporation located in New Orleans,
Louisiana.[BN]
The Plaintiff is represented by:
William H Beaumont, Esq.
Roberto L Costales, Esq.
BEAUMONT COSTALES LLC
107 W Van buren
Chicago, IL 60605
Phone: (773) 831-8000
Fax: (504) 272-2956
Email: whb@beaumontcostales.com
rlc@beaumontcostales.com
The Defendant is represented by:
Thomas Gordon Maag, Esq.
MAAG LAW FIRM, LLC
22 West Lorena Ave
Wood River, IL 62095
Phone: (618) 216-5291
Email: tmaag@maaglaw.com
AGA SERVICE: Filing of Class Certification Bid Extended to August 5
-------------------------------------------------------------------
In the class action lawsuit captioned as ADAM ELGINDY and JULIANNE
CHUANROONG, on behalf of themselves, the general public, and those
similarly situated, v. AGA SERVICE COMPANY (d/b/a ALLIANZ GLOBAL
ASSISTANCE), JEFFERSON INSURANCE COMPANY, and BCS INSURANCE
COMPANY, Case No. 4:20-cv-06304-JST (N.D. Cal.), the Hon. Judge Jon
S. Tigar entered an order regarding schedule for class
certification motion as follows:
Event Current Date Proposed Date
-- Class certification Aug. 5, 2022 Sept. 23, 2022
due
-- Class certification Oct. 14, 2022 Dec. 9, 2022
opposition due
-- Class certification Dec. 9, 2022 Feb. 10, 2023
reply due:
Allianz Global is doing business in in travel insurance and
assistance industry.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3OOnB3p at no extra charge.[CC]
The Plaintiffs are represented by:
Seth A. Safier, Esq.
GUTRIDE SAFIER LLP
100 Pine Street, Suite 1250
San Francisco, CA 94111
Telephone: (415) 336-6545
Facsimile: (415) 449-6469
- and -
Stephen M. Raab, Esq.
305 Broadway, 7th Floor
New York, NY 10007
Telephone: (415) 639-9090 x109
E-mail: stephen@gutridesafier.com
The Defendants are represented by:
Gayle I. Jenkins, Esq.
Janelle A. Li-A-Ping, Esq.
Elizabeth J. Ireland, Esq.
WINSTON & STRAWN LLP
333 S. Grand Avenue
Los Angeles, CA 90071-1543
Telephone: (213) 615-1700
Facsimile: (213) 615-1750
E-mail: gjenkins@winston.com
eireland@winston.com
jliaping@winston.com
ALBERTSONS CO: Rapid Release Claims Misleading, Sapienza Alleges
----------------------------------------------------------------
NICOLE SAPIENZA, on behalf of herself and all others similarly
situated v. ALBERTSONS COMPANIES, INC., SHAW'S SUPERMARKETS, INC.,
SAFEWAY, INC., BETTER LIVING BRANDS, LLC, and LNK INTERNATIONAL,
INC., Case No. 1:22-cv-10968 (D. Mass., June 21, 2022) is a
putative class action lawsuit against the Defendants for cheating
customers by uniformly advertising, marketing, and selling generic
versions of certain over-the-counter drugs, including analgesic or
pain-relieving medicines using acetaminophen under the brand name
"Signature Care," prominently bearing the misrepresentation "Rapid
Release."
According to the complaint, contrary to the Defendants' claims, the
purported "Rapid Release" Products actually dissolve slower than
Signature Care-branded non-rapid release acetaminophen products
made and sold in tablet and caplet form.
Since the release of the Class Rapid Release Gelcaps, the
Defendants have misled, and continue to mislead, consumers about
the nature, quality, and effectiveness of the Products through
their advertising and labeling. Specifically, the Defendants market
the Class Rapid Release Gelcaps as "comparable to Tylenol (TM)
Extra Strength Rapid Release Gels," even though they actually
dissolve slower than Defendants' acetaminophen in traditional
tablet and caplet form, says the suit.
More importantly, following Tylenol's lead, Defendants prominently
label every Product sold in the United States as "Rapid Release"
Gelcaps. But the Defendants' Rapid Release Claims concerning the
Products are false, misleading, and deceptive to consumers, who
reasonably understand such claims to mean that the Products work
faster for consumers than non-rapid release products with the same
active ingredients and of the same dosage, the suit asserts.
Albertsons is the second largest supermarket chain in the United
States.[BN]
The Plaintiff is represented by:
James J. Reardon, Jr., Esq.
Neal J. Deckant, Esq.
Julia K. Venditti, Esq.
REARDON SCANLON LLP
45 South Main Street, 3rd Floor
West Hartford, CT 06107
Telephone: (860) 955-9455
Facsimile: (860) 920-5242
E-mail: james.reardon@reardonscanlon.com
ndeckant@bursor.com
jvenditti@bursor.com
ALLEGHENY COUNTY, PA: Seeks Leave to File Class Cert. Response
--------------------------------------------------------------
In the class action lawsuit captioned as SHAQUILLE HOWARD, et al,
v. LAURA WILLIAMS, et al, Case No. Case 2:20-cv-01389-LPL (W.D.
Pa.), the Allegheny County Defendants ask the Court to grant them
leave to file a response to the Plaintiffs motion for class
certification on or before July 14, 20220.
On June 9, 2022, the Plaintiffs filed a motion for class
certification and a brief in support of that motion.
A copy of the Defendants' motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3OI9fSs at no extra
charge.[CC]
The Defendants are represented by:
John A. Bacharach, Esq.
ALLEGHENY COUNTY ASSISTANT SOLICITOR
300 Fort Pitt Commons Building
445 Fort Pitt Boulevard
Pittsburgh, PA 15219
Telephone: (412) 350-1150
E-mail: john.bacharach@AlleghenyCounty.us
ALLY BANK: Filing of Class Cert Bid Due March 27, 2023
------------------------------------------------------
In the class action lawsuit captioned as FRITS VAN DER HOEK, an
individual and on behalf of others similarly situated, v. ALLY
BANK, Case No. 2:21-cv-00320-DBB-DBP (D. Utah), the Hon. Judge
Dustin B. Pead entered a scheduling order and order regarding the
parties' motion for scheduling conference as follows:
-- Last day to file Motion to Aug. 26, 2022
Amend Pleadings:
-- Last day to file Motion to Aug. 26, 2022
Add Parties:
-- Last day for class certification Feb. 27, 2023
expert discovery:
-- Deadline for filing dispositive Feb. 27, 2023
or potentially dispositive motions
as to Named Plaintiff:
-- Deadline for filing motions for March 27, 2023
partial or complete exclusion of
class certification expert testimony:
-- Deadline to file motion for class March 27, 2023
certification:
Ally Bank operates online only and offers checking accounts,
savings accounts, money market accounts, certificates of deposit,
credit cards, and mortgages.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3QTXPwx at no extra charge.[CC]
AMAZON.COM: Gray Sues Over Deliberate Misinformation
----------------------------------------------------
James Gray and Scott Horton, individually and on behalf of all
others similarly situated v. AMAZON.COM, INC., a Delaware
corporation, and AMAZON.COM SERVICES LLC, a Washington limited
liability company, Case No. 2:22-cv-00800-BJR (W.D. Wash., June 8,
2022), is brought against the Defendant for false promises and
deliberate misinformation.
The Plaintiffs and millions of other class members gave Amazon
access into their homes, 24 hours a day, 7 days a week, with
permission to listen and record their voices within the private
sphere of their homes through a variety of devices that operate a
digital assistant software called "Alexa" (hereinafter
"Alexa-Enabled Devices"). They did so, however, based on false
promises and deliberate misinformation from Amazon about how their
voice recordings and the information contained in the voice
recordings would be used.
Specifically, Amazon has for years stated unequivocally that it
"does not use voice recordings to target ads." Similarly, Amazon's
privacy policy claims that "Amazon knows that you care how
information about you is used, and we appreciate your trust that we
will do so carefully and sensibly." Yet recent revelations confirm
that Amazon has broken that trust, and, in fact, does use voice
recordings collected by Alexa to serve targeted ads to its
customers.
Amazon's admission that it does, in fact, use Alexa voice prompts
to inform targeted advertising placed by Amazon throughout its vast
advertising network is shocking, especially coming after years of
repeatedly disavowing any such usage. Amazon's customers agreed to
allow Alexa into their homes for a very specific and limited
purpose responding to and executing voice commands and queries.
Nothing in Alexa's terms of service or privacy policy discloses or
obtains authorization for usage of their voice recordings for
advertising purposes. Amazon's customers deserve complete
transparency about how their Alexa-captured voice recordings are
being used, so they can make informed decisions when they let
Amazon's recording devices into their homes, and regain control
over the privacy of their homes.
The Plaintiffs ask the Court to order Amazon to (i) provide clear
and accurate disclosures to its customers about Amazon's usage of
Alexa-captured voice recordings for targeted advertising, (ii)
offer effective privacy controls over Alexa-captured voice
recordings and its usage for targeted advertising, and (iii)
disgorge Amazon of the ill-gotten profits it has reaped through
misleading customers into providing sensitive data via
Alexa-captured voice recordings that Amazon surreptitiously was
using to obtain a premium in its advertising revenue and compensate
Plaintiffs and other Class members for Amazon's blatant violation
of their privacy rights, says the complaint.
The Plaintiffs currently have 4 Alexa-Enabled Devices in their
home.
Amazon.com, Inc. and is a Delaware corporation with its
headquarters and principal place of business in Seattle,
Washington.[BN]
The Plaintiff is represented by:
Rebecca L. Solomon, Esq.
Jason T. Dennett, Esq.
TOUSLEY BRAIN STEVENS PLLC
1200 Fifth Avenue, Ste 1700
Seattle, WA 98101-3147
Phone: (206) 682-5600
Fax: (206) 682-2992
Email: rsolomon@tousley.com
jdennett@tousley.com
- and -
Adam J. Levitt, Esq.
Amy E. Keller, Esq.
Nada Djordjevic, Esq.
Sharon Cruz, Esq.
DICELLO LEVITT GUTZLER LLC
Ten North Dearborn Street, Sixth Floor
Chicago, IL 60602
Phone: (312) 214-7900
Fax: (312) 253-1443
Email: alevitt@dicellolevitt.com
akeller@dicellolevitt.com
ndjordevic@dicellolevitt.com
scruz@dicellolevitt.com
- and -
David Straite, Esq.
Corban Rhodes, Esq.
One Grand Central Place, 60 East 42nd St., Suite 2400
New York, NY 10165
Phone: (646) 933-1000
Email: dstraite@dicellolevitt.com
crhodes@dicellolevitt.com
AMERICAN NATIONAL: Miranda Labor Suit Removed to N.D. California
----------------------------------------------------------------
The case styled ALEIDA MIRANDA, individually and on behalf of all
others similarly situated v. AMERICAN NATIONAL RED CROSS and DOES
1-100, inclusive, Case No. 22CV011294, was removed from the
Superior Court of California, County of Alameda, to the U.S.
District Court for the Northern District of California on June 21,
2022.
The Clerk of Court for the Northern District of California assigned
Case No. 3:22-cv-03633 to the proceeding.
The case arises from the Defendant's alleged violations of the
California Labor Code and the California's Business and Professions
Code.
American National Red Cross is a non-profit humanitarian
organization that provides emergency assistance, disaster relief,
and disaster preparedness education in the U.S., headquartered in
Washington, D.C. [BN]
The Defendant is represented by:
Steven B. Katz, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE LLP
2029 Century Park East, Suite 1100
Los Angeles, CA 90067
Telephone: (310) 909-7775
- and –
Barbara I. Antonucci, Esq.
Nathan K. Norimoto, Esq.
CONSTANGY, BROOKS, SMITH & PROPHETE LLP
601 Montgomery Street, Suite 350
San Francisco, CA 94111
Telephone: (415) 918-3000
E-mail: bantonucci@constangy.com
nnorimoto@constangy.com
ASHTEL STUDIOS: Prairie Pointe Sues Over Unsolicited Fax Ads
------------------------------------------------------------
The case, PRAIRIE POINTE ORTHODONTICS, P.A., on behalf of itself
and all others similarly situated, Plaintiff v. ASHTEL STUDIOS,
INC. d/b/a SMARTCARE, and JOHN DOES 1-10, Defendants, Case No.
2:22-cv-02249 (D. Kansas, June 26, 2022) arises from the
Defendants' alleged violations of the Telephone Consumer Protection
Act.
According to the complaint, the Defendants sent two hard copy of
unsolicited advertising fax to the Plaintiff's fax machine on or
about April 26, 2022 and in May 2022 in an attempt to solicit the
Plaintiff to visit a website owned and operated by the Defendants
to purchase "Powder-Free Nitrile Exam Gloves." Allegedly, the
Defendants have also sent the same unsolicited fax transmissions to
hundreds, if not thousands, of telephonic facsimile machines
located in Kansas and other states offering their business. As a
result of the Defendants' unsolicited faxes, the Plaintiff and
other similarly situated recipients have suffered damages,
including but not limited to invasion of privacy, annoyance, the
use and depletion of toner and ink, tying up of the fax line, and
the diversion of time and attention to the fax, says the suit.
The Plaintiff brings this complaint as a class action against the
Defendant seeking for a declaratory relief of the Defendant's TCPA
violations, along with associated injunctive relief prohibiting
violations of the TCPA by the Defendants in the future. The
Plaintiff also seeks damages in an amount of $500.00 for each fax
transmission, and trebling to $1,500 per violation for willful and
knowing violations, as well as attorneys' fees and costs, and other
relief as the Court deems just and proper.
Ashtel Studios, Inc. is a small business solutions company that
provide excellent customer service, professional quality work at
very competitive prices. [BN]
The Plaintiff is represented by:
Richard S. Fisk, Esq.
BEAM-WARD, KRUSE, WILSON & FLETES, LLC
8645 College Boulevard, Suite 250
Overland Park, KS 66210
Tel: (913) 339-6888
Fax: (913) 339-9653
E-mail: rfisk@bkwflaw.com
- and –
Joe P. Leniski, Jr., Esq.
Anthony Orlandi, Esq.
BRANSTETTER, STRANCH & JENNINGS, PLLC
The Freedom Center
223 Rosa Parks Ave., Suite 200
Nashville, TN 37203
Tel: (615) 254-8801
E-mail: joeyl@bsjfirm.com
aorlandi@bsjfirm.com
BETSY & ADAM: Senior Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Betsy & Adam, Ltd.
The case is styled as Milagros Senior, on behalf of herself and all
other persons similarly situated v. Betsy & Adam, Ltd., Case No.
1:22-cv-05319-MKV (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Betsy & Adam -- https://www.betsyandadam.com/ -- offers dresses
that are designed in New York City inspired by its vibrant
nightlife, social galas, and fashion runway shows.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Fax: (212) 982-6284
Email: nyjg@aol.com
michael@gottlieb.legal
BLUE DIAMOND: Faces Cummings Suit Over Mislabeled Almond Products
-----------------------------------------------------------------
WILLIE CUMMINGS, individually and on behalf of all others similarly
situated, Plaintiff v. BLUE DIAMOND GROWERS, Defendant, Case No.
1:22-cv-00141-AW-GRJ (N.D. Fla., June 24, 2022) alleges that the
Defendant misrepresented that its almond products as made in a
smokehouse, under the Blue Diamond brand.
According to the Plaintiff in the complaint, the front label
representations of the Product include pictures of what appear to
be smoked almonds, "Blue Diamond Almonds," "Smokehouse" across a
red ribbon with glowing orange borders, "Smart Eating!" next to a
heart graphic, "Irresistible Snacking!" and red and orange coloring
evocative of fire. Contrary to the front label, the Product is not
made in a smokehouse, which misleads consumers. As the almonds are
represented as made in a smokehouse, even though they are not, and
contain added liquid smoke flavoring, this must be disclosed to
consumers on the front label, says the suit.
As a result of the false and misleading representations, the
Product is sold at a premium price, approximately no less than no
less than $1.19. per 1.5 OZ, the suit alleges.
BLUE DIAMOND GROWERS is a tree nut processing and marketing
company. The Company markets its products throughout the United
States and more than 90 foreign countries. [BN]
The Plaintiff is represented by:
Will Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
515 N Flagler Dr. Ste P300
West Palm Beach FL 33401-4326
Telephone: (561) 514-0904
Email: willwright@wrightlawoffice.com
BROADWAY PARK: Hernandez Class Suit Seeks OT Wages Under FLSA, NYLL
-------------------------------------------------------------------
LIDIA HERNANDEZ v. BROADWAY PARK LAUNDROMAT INC. (DBA MISS BUBBLES
LAUNDROMAT) and IGOR BIRZH, Case No. 1:22-cv-05209 (S.D.N.Y., June
21, 2022) is a class action complaint brought on behalf of the
Plaintiff and all others similarly situated for unpaid minimum
wages and overtime wage orders pursuant to the Fair Labor Standards
Act of 1938 and for violations of the New York Labor Law.
The Plaintiff was an employee of the Defendants. She was primarily
employed as a Clerk (assist customers, wash clothes, and clean) at
one of the buildings that the Defendants own.
The Defendants own, operate or control a diversified private
managing buildings business involved in the ownership, management,
and development of a laundromat, the Plaintiff worked in 4710
Broadway New York, NY 10040 under the name "MISS BUBBLES
LAUNDROMAT".
The Plaintiff worked for Defendants from 2016 until 2020. However,
from 2016 until 2017, she worked in excess of 48 hours per week. In
2019 she started working approximately 43 hours per week. In 2020,
the Plaintiff worked 25 hours per week without appropriate
compensation for the hours over 40, says the suit.[BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
Toneille Raglan, Esq.
STILLMAN LEGAL PC
42 Broadway, 12 th Floor
New York, NY 10004
Telephone: (212) 203-2417
C&H PRECISION: Acevedo, et al. Seek OT Compensation Under FLSA
--------------------------------------------------------------
SHEYLA ACEVEDO, LAURA BRAGG, and JAMIEE HARRISON, On behalf of
herself and all others similarly situated; v. C&H PRECISION
WEAPONS, LLC, DOT OPS INC., MICHAEL B. HOLLY, AND BEAU BUCHANAN
HOLLY, Case No. 4:22-cv-00152-RSB-CLR (S.D. Ga. June 20, 2022)
challenges the Defendants' unlawful policies and practices of not
paying overtime to hourly-paid employee, for only paying straight
time to hourly-paid employees, and for misclassifying employees In
violation of Fair Labor Standards Act.
The Defendants have allegedly not paid the Plaintiffs and other
similarly situated employees properly under federal law. The
Defendants violated the FLSA by failing to pay non-exempt employees
overtime compensation for hours worked in excess of 40 per
workweek, says the suit.
Plaintiff Bragg was a production assistant with Defendant C&H
Precision Weapons, LLC and was hired on or about June 15, 2020.
The Defendants design and manufacture precision machined optic
adapter plates for use in professional shooting.[BN]
The Plaintiffs are represented by:
Charles Herman, Esq.
CHARLES HERMAN LAW
7 East Congress Street, Suite 611A
Savannah, GA 31401
Telephone: (912) 244-3999
Facsimile: (912) 257-7301
E-mail: charles@charleshermanlaw.com
CEDAR FAIR: Shoemo-Flint Files Suit Over Unpaid Servers' Wages
--------------------------------------------------------------
The case, TIANNA SHOEMO-FLINT, on behalf of herself and others
similarly situated, Plaintiff v. CEDAR FAIR, L.P., Defendant, Case
No. 3:22-cv-01113 (N.D. Ohio, June 24, 2022) challenges the
Defendant's alleged policies and practices that violated the Fair
Labor Standards Act and the Ohio Constitution and Ohio law.
The Plaintiff has worked for the Defendant's restaurant as a server
within the last three years.
The Plaintiff brings this complaint as a class and collective
action asserting claims that the Defendant failed to compensate her
and other similarly situated servers at the applicable full minimum
wage rate. Although the Defendant paid them the tipped minimum wage
and utilized the tip credit available under federal and state law
to meet its obligation to pay them the mandatory minimum wage, the
Defendant failed to satisfy the strict requirements under the FLSA
or Ohio law. Allegedly, the Defendant did not pay the unpaid wages
for more than 30 days beyond the regularly scheduled payday, says
the Plaintiff.
The Plaintiff seeks to recover actual damages for unpaid wages;
additional damages equal to two times the amount of unpaid wages;
liquidated damages in an amount equal to six percent of the amount
of the unpaid wages; pre- and post-judgment interest; attorneys'
fees, costs, and disbursements; and additional relief as the Court
deems just and proper.
Cedar Fair, L.P. owns and operates a TGI Fridays restaurant at its
Hotel Breakers hotel and resort in Sandusky, Ohio. [BN]
The Plaintiff is represented by:
Jeffrey J. Moyle, Esq.
NILGES DRAHER LLC
1360 E. 9th St., Suite 808
Cleveland, OH 44114
Tel: (216) 230-2955
Fax: (330) 754-1430
E-mail: jmoyle@ohlaborlaw.com
- and –
Hans A. Nilges, Esq.
NILGES DRAHER LLC
7034 Braucher St., N.W., Suite B
North Canton, OH 44720
Tel: (330) 470-4428
Fax: (330) 754-1430
E-mail: hans@ohlaborlaw.com
CHICK-FIL-A INC: Goldstein Consumer Suit Removed to S.D. Fla.
-------------------------------------------------------------
The case styled RON GOLDSTEIN, individually and on behalf of all
others similarly situated v. CHICK-FIL-A, INC., Case No.
2022-009265-CA-01, was removed from the Circuit Court of the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida, to
the U.S. District Court for the Southern District of Florida on
June 21, 2022.
The Clerk of Court for the Southern District of Florida assigned
Case No. 1:22-cv-21897 to the proceeding.
The case arises from the Defendant's alleged breach of contract and
unjust enrichment by imposing hidden delivery charges on its
customers.
Chick-Fil-A, Inc. is a fast-food restaurant company headquartered
in College Park, Georgia. [BN]
The Defendant is represented by:
Julie Singer Brady, Esq.
Yameel Mercado Robles, Esq.
BAKER HOSTETLER
200 South Orange Avenue, Suite 2300
Orlando, FL 32801
Email: jsingerbrady@bakerlaw.com
ymercadorobles@bakerlaw.com
- and –
Lindsey B. Mann, Esq.
Kathleen M. Campbell, Esq.
TROUTMAN PEPPER HAMILTON SANDERS
600 Peachtree Street NE, Suite 3000
Atlanta, GA 30308
Telephone: (404) 885-3000
E-mail: lindsey.mann@troutman.com
kathleen.campbell@troutman.com
CITADEL SALISBURY: Hooker, et al., File Class Certification Bid
---------------------------------------------------------------
In the class action lawsuit captioned as SONYA HOOKER, SYBIL
RUMMAGE, DONNA DEAL, KENNETH MICHAEL DEAL and BETTY DEAL,
individually and on behalf of a class of those similarly situated,
v. THE CITADEL SALISBURY LLC, SALISBURY TWO PROPCO LLC, ACCORDIUS
HEALTH LLC, THE PORTOPICCOLO GROUP, LLC, SIMCHA HYMAN and NAFTALI
ZANZIPER, Case No. 1:21-cv-00384-TDS-JLW (M.D.N.C.), the Plaintiffs
ask the Court to enter an order certifying a class pursuant to LR
23.1 and Fed. R. Civ. P. 23(c)(1) and (c)(4).
The Plaintiffs have filed a First Amended Class Action Complaint in
accordance with the Court's Order dated May 25, 2022.
The Plaintiffs show that in its discretion the Court should certify
a class under Rule 23(a) and (b)(3), with regard to Plaintiffs'
claim for breach of contract. Alternatively, the Court should
certify an issue class under Rule 23(c)(4).
A copy of the Plaintiffs' motion to certify class dated June 24,
2022 is available from PacerMonitor.com at https://bit.ly/3I2bcqH
at no extra charge.[CC]
The Plaintiffs are represented by:
Mona Lisa Wallace, Esq.
John Hughes, Esq.
Olivia B. Smith, Esq.
WALLACE & GRAHAM, P.A.
525 N. Main Street
Salisbury, NC 28144
Telephone: (704) 633-5244
Facsimile: (704) 633-9434
E-mail: mwallace@wallacegraham.com
Jhughes@wallacegraham.com
osmith@wallacegraham.com
COTY DTC: Website Not Accessible to Blind People, Zinnamon Says
---------------------------------------------------------------
WARREN ZINNAMON, on behalf of himself and all others similarly
situated v. COTY DTC HOLDINGS, LLC D/B/A KYLIE COSMETICS, Case No.
1:22-cv-05158 (S.D.N.Y., June 20, 2022) alleges that the Defendant
failed to design, construct, maintain, and operate its website to
be fully accessible to and independently usable by Plaintiff and
other blind or visually-impaired people.
According to the complaint, the Defendant's denial of full and
equal access to its website, www.kyliecosmetics.com, and therefore
denial of its goods and services offered thereby, is a violation of
the Plaintiff's rights under the Americans with Disabilities Act.
The Plaintiff seeks a permanent injunction to cause a change in
Defendant's corporate
policies, practices, and procedures so that the Defendant's website
will become and remain accessible to blind and visually-impaired
consumers.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer. The Plaintiff uses the terms "blind" or
"visually-impaired" to refer to all people with visual impairments
who meet the legal definition of blindness in that they have a
visual acuity with correction of less than or equal to 20 x 200.
Some blind people who meet this definition have limited vision.
Others have no vision.
The Defendant is a company that owns and operates
www.kyliecosmetics.com, offering features which should allow all
consumers to access the goods and services and which Defendant
ensures the delivery of such goods throughout the United States,
including New York State.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
DEERE & CO: Deloach Sues Over Sherman Act Violation
---------------------------------------------------
Gary Deloach, individually and on behalf of all others similarly
situated v. DEERE & CO. (d/b/a JOHN DEERE), Case No. 3:22-cv-50228
(N.D. Ill., June 6, 2022), is brought as an antitrust class action
pursuant to Sections 1 and 2 of the Sherman Act brought by the
Plaintiffs on their own behalf and on behalf of a class of persons
and entities similarly situated.
The Plaintiffs seek to represent those persons and entities who
purchased DRS from Defendant and Deere affiliated independent
Dealerships and technicians in the DRS Market for Deere
agricultural equipment from June 6, 2018 to the present. This case
is about Defendant John Deere's monopolization of the repair
service market for John Deere brand agricultural equipment with
onboard central computers known as engine control units ("ECUs").
Throughout history, farmers have been able to maintain and repair
their own tractors as needed when necessary. Elsewise, they have
had the option to bring their tractors to any mechanic who could
fix them. However, in newer generations of its agricultural
equipment, Deere has deliberately monopolized the market for repair
and maintenance services of its agricultural equipment with ECUs
("DRS"). Deere has made necessary tools and software needed to
perform repairs inaccessible to farmers and independent repair
shops.
Furthermore, Deere's network of highly-consolidated independent
dealerships is not allowed, as expressly laid out in their
agreements with Deere, to provide farmers or repair shops with
access to the same software and repair tools the Dealerships have.
As a result of Deere's deliberate excluding of farmers and
independent repair shops from accessing the necessary resources for
repairs, Deere and the Dealerships have cornered the DRS Market in
the United States for agricultural equipment controlled by ECUs
that are Deere branded and have thus derived supra-competitive
profits from the sale of repair and maintenance services.
Modern John Deere tractors, combines, and other agricultural
equipment with ECUs (collectively referred to herein as
“Tractors”) have grown more advanced as time has gone on.
Tractors manufactured in the 21st century require proprietary
software and associated repair tools (collectively referred to as
“Software”) to keep them operational. By making the Software,
for all practical purposes, unavailable, Deere has succeeded in
foreclosing competition in the multi-billion-dollar DRS Market.
Deere and the Dealerships are highly motivated to prevent
competition in a blatant attempt to increase their profits.
Deere’s business for DRS is multiple times more profitable than
its sales of original equipment.
Deere’s monopolization of the DRS Market allows Deere and its
Dealerships to charge and collect supracompetitive prices for its
services. As a result, the Plaintiffs and Class members have paid
millions of dollars more for the DRS for their tractors than they
would have paid in a truly competitive market. As a result of
Deere's unlawful withholding of the necessary Software to perform
repairs from farmers and independent repair shops and its forced
consolidation of the Dealerships, the Plaintiffs and the Class paid
artificially inflated prices for DRS during the Class Period.
Prices in the DRS Market exceeded the amount that would have been
paid if the prices had been determined by a competitive market. The
Plaintiffs and Class members were thus injured by the Defendant's
conduct, says the complaint.
The Plaintiff purchased a Tractor from a reseller of Tractors.
John Deere is the biggest member of the agricultural machinery
market in the United States.[BN]
The Plaintiff is represented by:
Bryan J. O’Connor, Esq.
WHITESIDE & GOLDBERG, LTD.
155 N. Michigan Ave. - Suite 540
Chicago, IL 60601
Phone: (312) 334-6875
Fax: (800) 334-6034
- and -
William M. Audet, Esq.
Ling Y. Kuang, Esq.
Kurt D. Kessler, Esq.
AUDET & PARTNERS, LLP
711 Van Ness, Suite 500
San Francisco, CA 94102-3229
Phone: 415.568.2555
Email: waudet@audetlaw.com
lkuang@audetlaw.com
kkessler@audetlaw.com
DISTRICT OF COLUMBIA: L.R., et al., Seek Leave to File SAC
----------------------------------------------------------
In the class action lawsuit captioned as M.J., et al., v. The
District of Columbia, et al., Case No. 1:18-cv-01901-EGS (D.D.C.),
the Plaintiffs L.R., B.T., and M.W., on behalf of themselves and
all others similarly situated, and University Legal Services, Inc.
(doing business as "Disability Rights DC"), move pursuant to
Federal Rule of Civil Procedure for leave to file their proposed
Second Amended Class Action Complaint for Injunctive and
Declaratory Relief, as well as to file their proposed Supplement to
Plaintiffs' Motion for Class Certification.
A copy of the Plaintiffs' motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3a3X2sq at no extra
charge.[CC]
The Plaintiffs are represented by:
Sandra J. Bernstein, Esq.
Mary Nell Clark, Esq.
Eva Richardson, Esq.
Kelsey Woodford, Esq.
DISABILITY RIGHTS DC
AT UNIVERSITY LEGAL SERVICES
220 I Street NE, Suite 130
Washington, D.C. 20002
Telephone: (202) 547-0198
- and -
Ira A. Burnim, Esq.
Lewis L. Bossing, Esq.
Brittany Vanneman, Esq.
JUDGE DAVID L. BAZELON
CENTER FOR MENTAL HEALTH LAW
1090 Vermont Avenue, NW, Suite 220
Washington, D.C. 20005
Telephone: (202) 467-5730
- and -
Poonam Juneja, Esq.
Brenda Star Adams, Esq.
NATIONAL CENTER FOR YOUTH LAW
1212 Broadway, Suite 600
Oakland, CA 94612
Telephone: (510) 835-8098
- and -
Howard Schiffman, Esq.
Jason T. Mitchell, Esq.
SCHULTE ROTH & ZABEL LLP
901 Fifteenth Street NW, Suite 800
Washington, D.C. 20005
Telephone: 9202) 729-7470
DUTCH EXPRESS: Lopez Sues Over Unlawful Deductions & Kickbacks
--------------------------------------------------------------
Diana Lopez, on behalf of herself and others similarly situated in
the proposed FLSA Collective Action v. Dutch Express LLC, Marcus
Hoed, Ariella Azogui, and Aviv Siso, Case No. 1:22-cv-05180
(S.D.N.Y., June 21, 2022)is a class action lawsuit seeking recovery
against Defendants' violations of the Fair Labor Standards Act and
violations of Articles 6 and 19 of the New York State Labor Law, as
well as their supporting New York State Department of Labor
regulations.
According to the complaint, the Defendants have made unlawful
deductions and required kickbacks from Plaintiff's wages, including
but not limited to, deductions from Plaintiff's tips that were
received from customers.
The Plaintiff seeks injunctive and declaratory relief and to
recover unlawfully retained gratuities, liquidated and statutory
damages, pre- and post-judgment interest, and attorneys' fees and
costs pursuant to the FLSA, NYLL, and the NYLL's Wage Theft
Prevention Act.
Plaintiff Lopez was employed as a courier at Defendants' delivery
company, "Dutch Express." The Plaintiff Lopez was employed as a
non-managerial employee at Dutch Express from July 2, 2018 to,
through and including December 3, 2018.
Dutch Express LLC owns, operates and/or controls a delivery company
known as "Dutch Express" located at 100 6th Ave., New York.[BN]
The Plaintiff is represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42 nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0048
E-mail: Jason@levinepstein.com
EYM PIZZA: Dean Sues to Recover Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
Antonio Dean, individually and on behalf of similarly situated
persons v. EYM PIZZA OF ILLINOIS, LLC, and EDUARDO DIAZ, Case No.
1:22-cv-02926 (N.D. Ill., June 3, 2022), is brought under the Fair
Labor Standards Act to recover unpaid minimum wages and overtime
hours owed to himself and similarly situated delivery drivers
employed by Defendants at its Pizza Hut stores.
The Defendants employ delivery drivers who use their own
automobiles to deliver pizza and other food items to their
customers. However, instead of reimbursing delivery drivers for the
reasonably approximate costs of the business use of their vehicles,
Defendants use a flawed method to determine reimbursement rates
that provides such an unreasonably low rate beneath any reasonable
approximation of the expenses they incur that the drivers'
unreimbursed expenses cause their wages to fall below the federal
minimum wage during some or all workweeks (nominal wages –
unreimbursed vehicle costs = subminimum net wages), says the
complaint.
The Plaintiff was employed by the Defendants from February 2016 to
May 2021 as a delivery driver at the Defendants' Pizza Hut store
located in Chicago, Illinois.
The Defendants operate numerous Pizza Hut franchise stores.[BN]
The Plaintiff is represented by:
Matthew R. McCarley, Esq.
FORESTER HAYNIE, PLLC
400 N Saint Paul St, 700
Dallas, TX 75201-6843
Phone (214) 201-7493
Fax (469) 399-1070
Email: mccmat2000@yahoo.com
GAP INC: McCann Files ADA Suit in W.D. Pennsylvania
---------------------------------------------------
A class action lawsuit has been filed against The Gap, Inc. The
case is styled as David McCann, Ronald Migyanko, individually and
on behalf of all others similarly situated v. The Gap, Inc. doing
business as: Old Navy, Case No. 2:22-cv-00931-WSS (W.D. Pa., June
23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Gap, Inc. -- https://www.gap.com/ -- commonly known as Gap Inc.
or Gap, is an American worldwide clothing and accessories
retailer.[BN]
The Plaintiff is represented by:
R. Bruce Carlson, Esq.
CARLSON BROWN
222 Broad Street
PO Box 242
Sewickley, PA 15143
Phone: (724) 730-1753
Email: bcarlson@carlsonbrownlaw.com
HEALTH FIRST: Colucci, et al., Seek Leave to File Class Cert Reply
------------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY COLUCCI and
VANESSA LORRAINE SKIPPER, v. HEALTH FIRST, INC., Case No.
6:21-CV-00681-RBD-GJK (M.D. Fla.), the Plaintiffs ask the Court to
enter an order granting them leave to file a reply in support of
their motion for class certification and memorandum in support.
On May, 20, 2022, the Plaintiffs filed their Motion for Class
Certification, seeking certification of damage and injunctive
classes pursuant to Federal Rule of Civil Procedure 23(a),
23(b)(3), and 23(b)(2).
On June 21, 2022, Defendant Health First filed its Memorandum in
Opposition to Plaintiffs' Motion for Class Certification
("Response"). In the Response, Health First asserts three
never-before-raised challenges to certification of the class that
need to be addressed.
Specifically, Health First argues, for the first time, that
typicality is "destroyed" because some health plans in the proposed
Class have contracts with Health First that contain arbitration
provisions on uncertain scope. This argument is legally incorrect
and is refuted by precedent in this Circuit. Further, Plaintiffs
seek to address Health First's new standing argument, as well as
its predominance argument as to classwide proof of antitrust price
injury.
The Plaintiffs seek leave to file a reply. Indeed, the issues
raised in the response are of sufficient significance that
Plaintiffs should be afforded an opportunity to address them. Under
Local Rule 3.01(d), the Court may grant leave to file a reply in
support of a motion and leave to file reply should be granted in
order to provide a full and fair resolution of a matter.
A copy of the Plaintiffs' motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3yvoxVm at no extra
charge.[CC]
The Plaintiffs are represented by:
Tucker H. Byrd,Esq.
Byrd Campbell, P.A.
180 Park Avenue North, Ste 2A
Winter Park, FL 32789
Telephone: (407) 392-2285
Facsimile: (407) 392-2286
E-mail: TByrd@ByrdCampbell.com
HEALTH INSURANCE: Moser Seeks Leave to File Sur-Reply
-----------------------------------------------------
In the class action lawsuit captioned as KENNETH J. MOSER,
individually and on Behalf of All Others Similarly Situated, v.
HEALTH INSURANCE INNOVATIONS, INC., et al., Case No.
3:17-cv-01127-WQH-KSC (S.D. Cal.), the Defendant asks the Court to
enter an order granting his motion for leave to file sur-reply.
The Plaintiff filed his motion to certify on January 14, 2022. On
March 21, the Defendants filed their consolidated opposition to the
Plaintiff's motion, arguing, among other things, that Moser is not
an appropriate named plaintiff. In May 11, the Plaintiff filed his
reply. In that reply, the Plaintiff asks for the first time in this
case for leave to amend his Complaint to substitute new class
representatives.
HII is a product-agnostic insurance technology platform.
A copy of the Defendant's motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3NzKdUd at no extra
charge.[CC]
The Defendant is represented by:
Anne M. Voigts, Esq.
David L. Balser, Esq.
Zachary A. McEntyre, Esq.
Danielle Chattin, Esq.
KING & SPALDING LLP
601. S. California Avenue, Suite 100
Palo Alto, CA 94304
Telephone: (650) 422-6700
Facsimile: (650) 422-6800
E-mail: avoigts@kslaw.com
zmcentyre@kslaw.com
dchattin@kslaw.com
JOHN EDWARD: Curry Seeks to Recover Unpaid Wages Under FLSA
-----------------------------------------------------------
JAMES CURRY, individually and on behalf of similarly situated
persons v. JOHN EDWARD BIORD, Case No. 1:22-cv-02455-TWT (N.D. Ga.,
June 20, 2022) asserts claims against the Defendant under the Fair
Labor Standards Act and the laws of the State of Georgia, to
recover unpaid wages, liquidated damages, and attorneys' fees and
expenses.
This is a collective action FLSA case brought to recover for work
that Plaintiff and similarly situated film crew members performed
for Defendant without pay. From on or around January and February
2022, the Plaintiff and similarly situated film crew members worked
on production of the motion picture entitled "On Smoother Dirt"
("OSD") that was written, directed, and produced by Biord, says the
suit.
The Defendant suspended production on OSD on or around February 22,
2022. The Plaintiff and similarly situated film production crew
members were not paid for significant work they performed for
Defendant during the time they were employed. Extensive efforts
were made to recover the wages due to Plaintiff and similarly
situated film production crew members without litigation, but the
efforts have failed. The Plaintiff therefore brings this lawsuit on
behalf of himself and similarly situated film crew members to seek
recovery of all monies due, the suit alleges.
Plaintiff James Curry is a resident of the State of Georgia. Curry
worked on OSD as a Construction Coordinator.
Defendant John Edward Biord is the writer, director, and producer
of OSD. Biord is a resident of the State of Tennessee and conducts
business in the State of Georgia.
OSD is a feature length biographical film about baseball great
Ernie Banks.
Defendant Biord is the writer, director, producer, and principal
financier of the film. Biord exercised operational control over
Plaintiff and similarly situated film crew members and the
production of OSD. Defendant Biord also exercised control over
payroll decisions with respect to Plaintiff and similarly situated
film crew members.[BN]
The Plaintiff is represented by:
Michael B. Schoenfeld, Esq.
James D. Fagan, Jr., Esq.
STANFORD FAGAN LLC
2540 Lakewood Avenue SW
Atlanta, GA 30315
Telephone: (404) 622-0521
E-mail: michaels@sfglawyers.com
jfagan@sfglawyers.com
- and -
Robert S. Giolito, Esq.
ROBERT S. GIOLITO PC
1626 Montana Ave., Ste 201
Santa Monica, CA 90403
Telephone: (310) 897-1082
E-mail: rgiolito@giolitolaw.com
JUUL LABS: Causes Youth Health Crisis, Manteca Unified Suit Says
----------------------------------------------------------------
MANTECA UNIFIED SCHOOL DISTRICT, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC., f/k/a PAX Labs,
Inc., PLOOM Inc., ALTRIA GROUP, INC., PHILLIP MORRIS USA INC.,
ALTRIA CLIENT SERVICES LLC, ALTRIA GROUP DISTRIBUTION COMPANY,
JAMES MONSEES, ADAM BOWEN, NICHOLAS PRITZKER, HOYOUNG HUH, AND RIAZ
VALANI, Defendants, Case No. 22STCV20223 (Cal. Super., Los Angeles
Cty., June 21, 2022) is a class action against the Defendants for
public nuisance, strict liability, negligence, and gross
negligence.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Manteca Unified School District is a unified school district with
its administrative offices located in San Joaquin County,
California.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Khaldoun Baghdadi, Esq.
Conor M. Kelly, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 981-7210
Facsimile: (415) 391-6965
E-mail: kbaghdadi@walkuplawoffice.com
ckelly@walkuplawoffice.com
JUUL LABS: Eau Claire Area Sues Over Deceptive E-Cigarette Ads
--------------------------------------------------------------
EAU CLAIRE AREA SCHOOL DISTRICT, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC., f/k/a PAX Labs,
Inc., PLOOM Inc., ALTRIA GROUP, INC., PHILLIP MORRIS USA INC.,
ALTRIA CLIENT SERVICES LLC, ALTRIA GROUP DISTRIBUTION COMPANY,
JAMES MONSEES, ADAM BOWEN, NICHOLAS PRITZKER, HOYOUNG HUH, and RIAZ
VALANI, Defendants, Case No. 3:22-cv-03618 (N.D. Cal., June 21,
2022) is a class action against the Defendants for negligence,
gross negligence, and violations of the Indiana Public Nuisance Law
and the Racketeer Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Eau Claire Area School District is a public school district with
its administrative offices located in Eau Claire, Wisconsin.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Thomas P. Cartmell, Esq.
Jonathan P. Kieffer, Esq.
Tyler W. Hudson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Ave., Ste. 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
jpkieffer@wcllp.com
thudson@wcllp.com
- and –
Kirk J. Goza, Esq.
Brad Honnold, Esq.
GOZA & HONNOLD LLC
9500 Nall Ave., Ste. 400
Overland Park, KS 66207
Telephone: (913) 451-3433
E-mail: kgoza@gohonlaw.com
bhonnold@gohonlaw.com
- and –
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
- and –
Rahul Ravipudi, Esq.
PANISH SHEA & BOYLE LLP
11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025
Telephone: (310) 477-1700
Facsimile: (310) 477-1699
E-mail: ravipudi@psblaw.com
- and –
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
Facsimile: (214) 520-1181
E-mail: jfiske@baronbudd.com
- and –
Khaldoun Baghdadi, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 617-1269
E-mail: kbaghdadi@walkuplawoffice.com
JUUL LABS: Faces South Adams Suit Over E-Cigarette's Risks to Youth
-------------------------------------------------------------------
SOUTH ADAMS SCHOOLS, on behalf of itself and all others similarly
situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS, INC.; JAMES
MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH; RIAZ VALANI;
ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA GROUP
DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC., Defendants, Case
No. 3:22-cv-03620-WHO (N.D. Cal., June 21, 2022) is a class action
against the Defendants for negligence, gross negligence, and
violations of the Indiana Public Nuisance Law and the Racketeer
Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
South Adams Schools is a public school district with its
administrative offices located in Berne, Indiana.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Thomas P. Cartmell, Esq.
Jonathan P. Kieffer, Esq.
Tyler W. Hudson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Ave., Ste. 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
jpkieffer@wcllp.com
thudson@wcllp.com
- and –
Kirk J. Goza, Esq.
Brad Honnold, Esq.
GOZA & HONNOLD LLC
9500 Nall Ave., Ste. 400
Overland Park, KS 66207
Telephone: (913) 451-3433
E-mail: kgoza@gohonlaw.com
bhonnold@gohonlaw.com
- and –
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
- and –
Rahul Ravipudi, Esq.
PANISH SHEA & BOYLE LLP
11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025
Telephone: (310) 477-1700
Facsimile: (310) 477-1699
E-mail: ravipudi@psblaw.com
- and –
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
Facsimile: (214) 520-1181
E-mail: jfiske@baronbudd.com
- and –
Khaldoun Baghdadi, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 617-1269
E-mail: kbaghdadi@walkuplawoffice.com
JUUL LABS: Markets E-Cigarettes to Youth, Blair-Taylor Suit Says
----------------------------------------------------------------
BLAIR-TAYLOR SCHOOL DISTRICT, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS,
INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH;
RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA
GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC.,
Defendants, Case No. 3:22-cv-03614 (N.D. Cal., June 21, 2022) is a
class action against the Defendants for negligence, gross
negligence, and violations of the Indiana Public Nuisance Law and
the Racketeer Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Blair-Taylor School District is a public school district with its
administrative offices located in Blair, Wisconsin.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Thomas P. Cartmell, Esq.
Jonathan P. Kieffer, Esq.
Tyler W. Hudson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Ave., Ste. 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
jpkieffer@wcllp.com
thudson@wcllp.com
- and –
Kirk J. Goza, Esq.
Brad Honnold, Esq.
GOZA & HONNOLD LLC
9500 Nall Ave., Ste. 400
Overland Park, KS 66207
Telephone: (913) 451-3433
E-mail: kgoza@gohonlaw.com
bhonnold@gohonlaw.com
- and –
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
- and –
Rahul Ravipudi, Esq.
PANISH SHEA & BOYLE LLP
11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025
Telephone: (310) 477-1700
Facsimile: (310) 477-1699
E-mail: ravipudi@psblaw.com
- and –
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
Facsimile: (214) 520-1181
E-mail: jfiske@baronbudd.com
- and –
Khaldoun Baghdadi, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 617-1269
E-mail: kbaghdadi@walkuplawoffice.com
JUUL LABS: Metropolitan School Sues Over Youth's Nicotine Addiction
-------------------------------------------------------------------
METROPOLITAN SCHOOL DISTRICT OF SHAKAMAK, on behalf of itself and
all others similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A
PAX LABS, INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER;
HOYOUNG HUH; RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT
SERVICES LLC; ALTRIA GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS
USA, INC., Defendants, Case No. 3:22-cv-03626-WHO (N.D. Cal., June
21, 2022) is a class action against the Defendants for negligence,
gross negligence, and violations of the Indiana Public Nuisance Law
and the Racketeer Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Metropolitan School District of Shakamak is a public school
district with its administrative offices located in Jasonville,
Indiana.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Thomas P. Cartmell, Esq.
Jonathan P. Kieffer, Esq.
Tyler W. Hudson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Ave., Ste. 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
jpkieffer@wcllp.com
thudson@wcllp.com
- and –
Kirk J. Goza, Esq.
Brad Honnold, Esq.
GOZA & HONNOLD LLC
9500 Nall Ave., Ste. 400
Overland Park, KS 66207
Telephone: (913) 451-3433
E-mail: kgoza@gohonlaw.com
bhonnold@gohonlaw.com
- and –
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
- and –
Rahul Ravipudi, Esq.
PANISH SHEA & BOYLE LLP
11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025
Telephone: (310) 477-1700
Facsimile: (310) 477-1699
E-mail: ravipudi@psblaw.com
- and –
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
Facsimile: (214) 520-1181
E-mail: jfiske@baronbudd.com
- and –
Khaldoun Baghdadi, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 617-1269
E-mail: kbaghdadi@walkuplawoffice.com
JUUL LABS: Triggers Youth E-Cigarette Crisis, Sheridan Suit Claims
------------------------------------------------------------------
SHERIDAN COMMUNITY SCHOOLS, on behalf of itself and all others
similarly situated, Plaintiff v. JUUL LABS, INC. F/K/A PAX LABS,
INC.; JAMES MONSEES; ADAM BOWEN; NICHOLAS PRITZKER; HOYOUNG HUH;
RIAZ VALANI; ALTRIA GROUP, INC.; ALTRIA CLIENT SERVICES LLC; ALTRIA
GROUP DISTRIBUTION COMPANY; and PHILIP MORRIS USA, INC.,
Defendants, Case No. 3:22-cv-03617 (N.D. Cal., June 21, 2022) is a
class action against the Defendants for negligence, gross
negligence, and violations of the Indiana Public Nuisance Law and
the Racketeer Influenced and Corrupt Organizations Act.
According to the complaint, the Defendants used three tactics to
maintain market dominance in the cigarette industry: (1) product
design to maximize addiction, (2) mass deception, and (3) targeting
of youth. Defendants JUUL Labs and Adam Bowen designed an
e-cigarette device allegedly intended to create and sustain
addiction, but without the stigma associated with cigarettes and
promoted them to vulnerable young population. JUUL Labs and other
Defendants developed and implemented a marketing scheme to mislead
users into believing that JUUL products contained less nicotine
than they actually do and were healthy and safe. The Defendants
enticed newcomers to nicotine with kid-friendly flavors without
ensuring the flavoring additives were safe for inhalation. The
Defendants targeted the youth market by placing vaporized campaigns
on youth-oriented websites and media and using influencers and
affiliates to amplify their message to a teenage audience. The
Defendants have successfully caused more young people to start
using e-cigarettes, creating a youth e-cigarette epidemic and
public health crisis, says the suit.
Sheridan Community Schools is a public school district with its
administrative offices located in Sheridan, Indiana.
JUUL Labs, Inc., formerly known as Pax Labs, Inc., is an American
electronic cigarette company, with its principal place of business
in San Francisco, California.
Altria Group, Inc. is a producer of tobacco products, with its
principal place of business in Richmond, Virginia.
Philip Morris USA, Inc. is a wholly-owned subsidiary of Altria
Group, Inc., with its principal place of business in Richmond,
Virginia.
Altria Client Services LLC is a tobacco company, with its principal
place of business in Richmond, Virginia.
Altria Group Distribution Company is a tobacco company, with its
principal place of business in Richmond, Virginia. [BN]
The Plaintiff is represented by:
Thomas P. Cartmell, Esq.
Jonathan P. Kieffer, Esq.
Tyler W. Hudson, Esq.
WAGSTAFF & CARTMELL LLP
4740 Grand Ave., Ste. 300
Kansas City, MO 64112
Telephone: (816) 701-1100
Facsimile: (816) 531-2372
E-mail: tcartmell@wcllp.com
jpkieffer@wcllp.com
thudson@wcllp.com
- and –
Kirk J. Goza, Esq.
Brad Honnold, Esq.
GOZA & HONNOLD LLC
9500 Nall Ave., Ste. 400
Overland Park, KS 66207
Telephone: (913) 451-3433
E-mail: kgoza@gohonlaw.com
bhonnold@gohonlaw.com
- and –
Andy D. Birchfield, Jr., Esq.
Joseph G. VanZandt, Esq.
BEASLEY ALLEN CROW METHVIN PORTIS & MILES, LLC
234 Commerce Street
Montgomery, AL 36103
Telephone: (334) 269-2343
E-mail: Andy.Birchfield@BeasleyAllen.com
Joseph.VanZandt@BeasleyAllen.com
- and –
Rahul Ravipudi, Esq.
PANISH SHEA & BOYLE LLP
11111 Santa Monica Boulevard, Suite 700
Los Angeles, CA 90025
Telephone: (310) 477-1700
Facsimile: (310) 477-1699
E-mail: ravipudi@psblaw.com
- and –
John P. Fiske, Esq.
BARON & BUDD, P.C.
11440 West Bernardo Court Suite 265
San Diego, CA 92127
Telephone: (858) 251-7424
Facsimile: (214) 520-1181
E-mail: jfiske@baronbudd.com
- and –
Khaldoun Baghdadi, Esq.
WALKUP MELODIA KELLY & SCHOENBERGER, P.C.
650 California Street, 26th Floor
San Francisco, CA 94108
Telephone: (415) 617-1269
E-mail: kbaghdadi@walkuplawoffice.com
LEFTY'S VENTURES: Fails to Pay All Hours Worked, Beck Suit Says
---------------------------------------------------------------
MELISSA BECK, Individually and on behalf of all others similarly
situated v. LEFTY'S VENTURES, LLC, Case No. 2:22-cv-11366-GCS-JJCG
(E.D. Mich., June 20, 2022) is a collective action to recover wages
and liquidated damages brought pursuant to the Fair Labor Standards
Act.
Ms. Beck brings this action individually and on behalf of all
current and former hourly employees who worked for Lefty's,
anywhere in the United States, at any time during the relevant
statutes of limitations through the final disposition of this
matter, to recover compensation, liquidated damages, and attorneys'
fees and costs pursuant to the provisions of Sections 206, 207 and
216(b) of the Fair Labor Standards Act of 1938.
Specifically, Lefty's enforced a uniform company-wide policy
wherein it improperly retained the tips of its hourly employees.
Lefty's illegal company-wide policy has caused the Plaintiff and
the Putative Class Members to not receive all of the tips owed to
them. Lefty's knowingly and deliberately retained the tips that
belonged to its hourly employees. Under the FLSA, tips are the
property of the hourly employees and an employer -- like Lefty's --
may not keep its hourly employees' tips for any purpose, the suit
asserts.
Further, after the Plaintiff Beck complained of Lefty's wage
practices, Lefty's retaliated against her by cancelling her last
paycheck and refusing to schedule her for further work, effectively
terminating her employment. To date, Plaintiff Beck has still not
been paid for all her hours worked as a result of Lefty's
retaliation, alleges the suit.[BN]
The Plaintiff is represented by:
Jennifer McManus, Esq.
FAGAN MCMANUS, P.C.
25892 Woodward Avenue
Royal Oak, MI
Telephone: (248) 658-8951
Facsimile: (248) 542-6301
E-mail: jmcmanus@faganlawpc.com
- and -
Clif Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER, PLLC
819 N. Upper Broadway
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
LEONARD DIPASQUALE: Quaqliariello Suit Conditionally Certified
--------------------------------------------------------------
In the class action lawsuit captioned as TONI ANN QUAGLIARIELLO,
MARIA SIMON, and CHRISTL YNN KARNS, individually and on behalf of
all similarly situated persons. v. LEONARD DiPASQUALE, individually
and t/b/d/a LEAVE IT TO BEAVERS GENTLEMEN'S CLUB and/or TAVERN IN
THE GLEN, JOHN DOE t/d/b/a LEAVE IT TO BEAVERS GENTLEMEN'S CLUB,
DUANE CRAIG, and JOSEPH SHOEMAKER, Case No. 3:20-cv-00699-RDM (M.D.
Pa.), the Hon. Judge Robert D. Mariani entered an order granting
the Plaintiffs' motion to conditionally certify a Fair Labor
Standards Act Collective Action and Send Notice to the Collective.
The Court conditionally certifies a collective action consisting
of:
"all current and former exotic dancers who provided services
at Leave it to Beavers Gentlemen's Club at any time from
April 27, 2017, through the entry of final judgment in this
case."
The FLSA statute of limitations is tolled for all potential class
members from April 27, 2020, through the date of the deadline to be
established by the Court for all collective members to file their
respective consents to join this collective action.
The Defendants shall provide requested information about all
persons who provided services as dancers at the Leave it to Beavers
Gentlemen's Club since April 27, 2017. If Defendants are not able
to provide all requested information, they shall provide a
declaration as to why they are unable to do so.
Counsel for the Plaintiffs are permitted to send notice of the
pendency of this collective action to potential collective members
in a form approved by the Court. Counsel for the Plaintiffs shall
submit a proposed form of notice for approval by the Court within
14 days of the date of this Order. Defendants are allowed seven
days thereafter to submit objections to the proposed form of
notice. Th Defendants shall post the notice of the pendency of
this collective action in locations which are conspicuous to Club
dancers, the Court says.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3nsAnt0 at no extra charge.[CC]
M S INTERNATIONAL: Amador Suit Alleges Unpaid Overtime Wages
------------------------------------------------------------
ELIZABETH AMADOR, on behalf of herself and all others similarly
situated, Plaintiff v. M S INTERNATIONAL, INC. and DOES 1 through
100, inclusive, Defendants, Case No. 22BBCV00450 (Cal. Super., Los
Angeles Cty., June 21, 2022) is a class action against the
Defendants for violations of the California Labor Code's Private
Attorneys General Act of 2004 including failure to pay all meal
period wages and rest break wages, failure to properly calculate
and pay all minimum and overtime wages, failure to provide accurate
wage statements, failure to pay all wages due and owing during
employment and upon termination of employment, and failure to
reimburse all necessary business expenses.
M S International, Inc. is a supplier of building materials in
California. [BN]
The Plaintiff is represented by:
Douglas Han, Esq.
Shunt Tatavos-Gharajeh, Esq.
John M. Bickford, Esq.
JUSTICE LAW CORPORATION
751 N. Fair Oaks Ave., Suite 101
Pasadena, CA 91103
Telephone: (818) 230-7502
Facsimile: (818) 230-7259
MARUKAI CORPORATION: Mejia Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against Marukai Corporation.
The case is styled as Jose Mejia, individually and on behalf of all
others similarly situated v. Marukai Corporation, Case No.
1:22-cv-05306 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Marukai Corporation U.S.A. -- https://marukai.com/ -- is an
American offshoot chain of retail markets that imports and sells
Japanese goods in American cities started by the Osaka, Japan-based
Marukai Corporation.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
MCG HEALTH: Crawford Sues Over Alleged Medical Data Breach
----------------------------------------------------------
LINDA CRAWFORD; and MICHAEL PRICE, individually and on behalf of
all others similarly situated, Plaintiffs v. MCG HEALTH, LLC,
Defendant, Case 2:22-cv-00894 (W.D. Wash., June 24, 2022) is an
action alleges that the Defendant failed to adequately protect
patients' information, adequately notify them about the breach, and
misrepresenting how the breach happened, in violation of state and
federal law and harmed millions of patients.
According to the complaint, on December 2021, the Defendant, a
technology company that collects and stores patient data from
hospitals across the country, discovered that cybercriminals had
stolen the highly sensitive personal and medical information
belonging to over 1.1 million patients ("Data Breach"), and then
misrepresented how the Data Breach happened when it notified
patients about the breach six months later. Cybercriminals could
bypass and breach the Defendant's security systems because it does
not adhere to industry-standard cybersecurity policies, state and
federal law, or its own data security policies, which promise to
use "reasonable efforts" to protect sensitive information, says the
suit.
As a result, the Defendant left millions of patients' highly
sensitive personally identifiable information ("PII") and protected
health information ("PHI") an unguarded target for theft and
misuse, the suit added.
MCG HEALTH INC. is located in the City of Augusta in the State of
Georgia. The hospital provides a full range of clinical services
and maintains the infrastructure to foster education and research.
MCG Health is a not-for-profit corporation that manages the
clinical operations associated with Augusta University. [BN]
The Plaintiffs are represented by:
Samuel J. Strauss, Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
Email: sam@turkestrauss.com
MCG HEALTH: Faces Dresch Suit Over Alleged Medical Data Breach
--------------------------------------------------------------
EVA DRESCH, individually and on behalf of all others similarly
situated, Plaintiff v. MCG HEALTH, LLC, Defendant, Case No.
2:22-cv-00892 (W.D. Wash., June 24, 2022) is a class action arises
out of the Defendant's inadequate safeguarding of the Plaintiff and
the Class Members' Private Information, failure to provide timely
and adequate notice to the Plaintiff and other Class Members that
their Private Information was subject of Data Breach, and failure
to notify the Plaintiff and Class Members precisely what specific
Private Information was accessed and exfiltrated.
According to the complaint, an unauthorized third-party accessed
Defendant's insufficiently secured computer network and exfiltrated
a wealth of unencrypted data, including the highly sensitive
personal information and medical records of the Plaintiff and
approximately 1,100,000 other individuals who were patients of
healthcare providers across the country (the "Data Breach").
As a result of the Data Breach, the Plaintiff and Class Members
suffered ascertainable losses in the form of loss of the value of
their private and confidential information, out-of-pocket expenses,
and the value of their time reasonably incurred to remedy or
mitigate the effects of the attack, says the suit.
MCG HEALTH INC. is located in the City of Augusta in the State of
Georgia. The hospital provides a full range of clinical services
and maintains the infrastructure to foster education and research.
MCG Health is a not-for-profit corporation that manages the
clinical operations associated with Augusta University. [BN]
The Plaintiff is represented by:
Michael C. Subit, Esq.
FRANK FREED SUBIT & THOMAS LLP
705 Second Avenue, Suite 1200
Seattle, WA 98104
Telephone: (206) 682-6711
Email: msubit@frankfreed.com
-and-
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
Lisa A. White, Esq.
MASON LLP
5101 Wisconsin Ave. NW Ste. 305
Washington DC 20016
Telephone: (202) 640-1160
Facsimile: (202) 429-2294
Email: gmason@masonllp.com
dperry@masonllp.com
lwhite@masonllp.com
MCG HEALTH: Thorbecke Class Action Suit Sues Over Data Breach
-------------------------------------------------------------
LEO THORBECKE and MARJORITA DEAN, individually and on behalf of all
others similarly situated, v. MCG HEALTH, LLC, a Washington limited
liability company, Case No. 2:22-cv-00870 (W.D. Wash., June 21,
2022) alleges that the Defendant failed to prevent the data breach
because it did not adhere to commonly accepted security standards
and failed to detect that its databases were subject to a security
breach.
MCG Health is a Seattle-based software company that "provides
patient care guidelines to health care providers and health plans."
A majority of U.S. health plans and nearly 2,600 hospitals utilize
Defendant's software and are Defendant's customers.
Patients and members of the Defendant's customers, like Plaintiffs
and Class 2 members, provided certain Personal Identifying
Information ("PII") and Protected Health Information ("PHI") to
their healthcare providers which is required as a condition of
medical treatment. The Plaintiffs' and Class members' PII and PHI
was then provided to the Defendant. The affected patient or member
data included some or all of the following data elements: names,
Social Security numbers, medical codes, postal addresses, telephone
numbers, email addresses, dates of birth and gender.
As a large technology company with an acute interest in maintaining
the confidentiality of the PII and PHI entrusted to it, Defendant
is well-aware of the numerous data breaches that have occurred
throughout the United States and its responsibility for
safeguarding PII and PHI in its possession, says the suit.
On June 10, 2022, the Defendant announced in a press release that
it was investigating a data security incident that it had initially
discovered on March 25, 2022. The Defendant's investigation
included assistance of a forensic investigation firm.
The investigation determined that "an unauthorized party previously
obtained personal information about some patients and members of
certain MCG customers. The affected Security numbers, medical
codes, postal addresses, telephone numbers, email addresses, dates
of birth and gender."
On April 22, 2022, MCG notified its affected customers (i.e.,
healthcare systems) of the breach. In turn, MCG customers began
notifying their patients in June 2022.
The Defendant sent a letter to Plaintiffs Dean and Thorbecke dated
June 10, 2022, notifying them of the breach. The Defendant did not
state why it was unable to detect the unauthorized individuals
accessing Defendant's servers. The Defendant did not state why it
waited for nearly three months before notifying affected patients
and members, the suit added.[BN]
The Plaintiff is represented by:
Jason T. Dennett, Esq.
Rebecca L. Solomon, Esq.
TOUSLEY BRAIN STEPHENS PLLC
1200 Fifth Avenue, Suite 1700
Seattle, WA 98101-3147
Telephone: (206) 682-5600
Facsimile: (206) 682-2992
E-mail: jdennett@tousley.com
rsolomon@tousley.com
- and -
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, LPA
4445 Lake Forest Drive, Suite 490
Cincinnati, Ohio 45242
Telephone: (513) 345-8291
Facsimile: (513) 345-8294
E-mail: jgoldenberg@gs-legal.com
- and -
Charles E. Schaffer, Esq.
Nicholas Elia, Esq.
LEVIN, SEDRAN & BERMAN
510 Walnut Street, Suite 500
Philadelphia, PA 19106
Telephone: (215) 592-1500
E-mail: cschaffer@lfsblaw.com
nelia@lfsblaw.com
MICHELLE MOORE: Freedom Champion Files Suit in Cal. Super. Ct.
--------------------------------------------------------------
A class action lawsuit has been filed against Michelle Moore, LLC,
et al. The case is styled as Freedom Champion, and on behalf of
similarly situated employees v. Michelle Moore, LLC, Michelle
Moore, Does 1-20, Case No. 34-2022-00322346-CU-OE-GDS (Cal. Super.
Ct., Sacramento Cty., June 23, 2022).
The case type is stated as "Other Employment - Civil Unlimited."
Michelle Moore, LLC Is A Company In Rancho Cordova,
California.[BN]
The Plaintiff is represented by:
Drew Lewis, Esq.
THE LEWIS LAW OFFICE, PC
2999 Douglas Blvd., Ste. 180
Roseville, CA 95661-4219
Phone: 650-665-9000
MIDLAND CREDIT: Brazzil Files FDCPA Suit in S.D. Ohio
-----------------------------------------------------
A class action lawsuit has been filed against Midland Credit
Management, Inc. The case is styled as Jacob Brazzil, individually
and on behalf of all others similarly situated v. Midland Credit
Management, Inc., Case No. 3:22-cv-00169-TMR-CHG (S.D. Ohio, June
23, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Midland Credit Management -- https://www.midlandcredit.com/ -- is
an American debt buyer and debt collection company headquartered in
San Diego, California.[BN]
The Plaintiff is represented by:
Amichai Eitan Zukowsky, Esq.
23811 Chagrin Blvd., Ste. 160
Beachwood, OH 44122
Phone: (216) 800-5529
Fax: (216) 514-4987
Email: ami@zukowskylaw.com
MOVING RIGHT: Gil Seeks to Recover Unpaid OT Wages Under FLSA, NYLL
-------------------------------------------------------------------
JUAN GIL v. MOVING RIGHT ALONG SERVICE INC., Case No. 2:22-cv-03624
(E.D.N.Y., June 20, 2022) is brought on behalf of the Plaintiff and
all others similarly situated seeking to recover unpaid overtime
wages under the Fair Labor Standards Act and the New York Labor
Law.
The Plaintiff was employed by Defendant as an hourly-paid warehouse
worker from July 2003 to October 2021.
Throughout his employment with Defendant, Plaintiff regularly
worked more than 40 hours in a single workweek. The Defendant
allegedly failed to pay the Plaintiff overtime at a rate not less
than one and one-half times his regular rate of pay for hours
worked in excess of 40 hours in a single workweek in violation of
the NYLL and the supporting New York State Department of Labor
Regulations, says the suit.
Moving Right Along is a locally owned and operated moving company
in Austin, Texas.[BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
490 Wheeler Road, Suite 250
Hauppauge, NY 11788
Telephone (631) 257-5588
E-mail: promero@romerolawny.com
MUY PIZZA-TEJAS: Stotesbery Seeks Delivery Drivers' Minimum Wages
-----------------------------------------------------------------
John Stotesbery, On behalf of himself and those similarly situated
v. Muy Pizza-Tejas, LLC; Ayvaz Pizza, LLC; Shoukat Dhanani; Doe
Corporation 1-10; John Doe 1-10, Case No. 0:22-cv-01622-KMM-TNL (D.
Minn., June 21, 2022) seeks appropriate monetary, declaratory, and
equitable relief based on the Defendants' willful failure to
compensate the Plaintiff and similarly-situated individuals with
minimum wages as required by the Fair Labor Standards Act, the
Minnesota wage and hour laws, and for unjust enrichment.
The Defendants operate and/or operated approximately 352 Pizza Hut
locations across the United States. The Defendants operate and/or
operated multiple Pizza Hut locations in Minnesota.
The Plaintiff seeks to represent the delivery drivers who have
worked at the Defendants' Pizza Hut stores.
The Defendants repeatedly and willfully violated the Fair Labor
Standards Act and Minnesota wage and hour laws by failing to
adequately reimburse delivery drivers for their delivery-related
expenses, thereby failing to pay delivery drivers the legally
mandated minimum wages for all hours worked, says the suit.
All delivery drivers at the Defendants' Pizza Hut stores, including
Plaintiff, have been allegedly subject to the same or similar
employment policies and practices.[BN]
The Plaintiff is represented by:
Corey W. Kobbervig, Esq.
KOBBERVIG LAW LLC
1624 Harmon Pl Ste 300G
Minneapolis, MN 55403
Telephone: (651) 357-0111
E-mail: corey@kobberviglaw.com
www.KobbervigLaw.com
- and -
Samuel D. Elswick, Jr., Esq.
Andrew R. Biller, Esq.
Andrew P. Kimble, Esq.
BILLER & KIMBLE, LLC
8044 Montgomery Rd., Ste. 515
Cincinnati, OH 45209
Telephone: (513) 452-3568
Facsimile: (614) 340-4620
E-mail: abiller@billerkimble.com
akimble@billerkimble.com
selswick@billerkimble.com
www.billerkimble.com
NEW YORK: Scheduling Order Entered in Sughrim Class Suit
--------------------------------------------------------
In the class action lawsuit captioned as Brian Sughrim, et al v.
State of New York, et al., Case No. 1:19-cv-07977-RA-SDA
(S.D.N.Y.), the Hon. Judge Stewart D. Aaron entered an scheduling
order as follows:
-- The Plaintiffs will either supplement July 15, 2022
their motion for preliminary injunction
or file a new motion addressing their
claims for injunctive relief, and
Plaintiffs will file a motion for
class certification:
-- The Defendants will file any opposition Aug. 26,2022
to the Plaintiffs' injunction and
class certification motions:
-- The Plaintiffs will file any papers Sept. 9, 2022
in support in support of their
injunction and class certification
motions:
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3Ad39Fm at no extra charge.[CC]
NOEL PETER MPAKA: Faces Emran Suit Over Breach of Contract, Fraud
-----------------------------------------------------------------
AGA MALIHA EMRAN, individually and on behalf of all others
similarly situated, Plaintiff v. NOEL PETER MPAKA and MAHESA
GUNATILAKE, Defendants, Case No. 712987/2022 (N.Y. Sup., Queens
Cty., June 21, 2022) is a class action against the Defendants for
breach of contract, fraud, intentional infliction of emotional
distress and prima facie tort.
According to the complaint, the Defendants solicited and accepted
large amounts of cash, not checks from each member of the Class
promising to conduct and conclude immigration applications for each
member of the Class never intending to do so, taking no such action
and never concluding any said application. [BN]
The Plaintiff is represented by:
John P. DeMaio
75 Maiden Lane, Suite 215
New York, NY 10038
Telephone: (212) 405-2104
Facsimile: (212) 386-7704
O'NEIL INSURANCE: Clemons Seeks to Certify National DNC Class
-------------------------------------------------------------
In the class action lawsuit captioned as SHERRY L. CLEMONS,
individually and on behalf of all others similarly situated, v.
O'NEIL INSURANCE AGENCY, INC. and STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY, Case No. 4:21-cv-00678-SRC (E.D. Mo.), the
Plaintiff asks the Court to enter an order certifying the following
National DNC Class under Fed. R. Civ. P. 23(b):
"All persons in the United States who, from four years prior
to the filing of this action: (1) the Defendants or an agent
acting on behalf of Defendants made (2) two or more
telemarketing calls; (3) promoting Defendants' products or
services; (4) to a residential phone number that was listed
on the National Do Not Call Registry for at least 31 days
before the first call; and (5) within any twelve-month
period."
The O'Neil Insurance Agency is an independent agency serving
clients in Pennsylvania.
A copy of the Plaintiff's motion to certify class dated June 24,
2022 is available from PacerMonitor.com at https://bit.ly/3nnBGcv
at no extra charge.[CC]
The Plaintiff is represented by:
Raina C. Borrelli,Esq.
TURKE & STRAUSS LLP
613 Williamson St., Suite 201
Madison, WI 53703
Telephone: (608) 237-1775
Facsimile: (608) 509-4423
E-mail: raina@turkestrauss.com
- and -
John F. Garvey, Esq.
CAREY DANIS & LOWE
8235 Forsyth, Suite 1100
St. Louis, MO 63105
Telephone: (314) 725-7700
Facsimile: (314) 678-3401
E-mail: jgarvey@careydanis.com
- and -
Anthony Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 485-0018
Facsimile: (508) 318-8100
E-mail: anthony@paronichlaw.com
- and -
Matthew R. Wilson, Esq.
Michael J. Boyle, Jr., Esq.
Jared W. Connors, Esq.
MEYER WILSON CO., LPA
305 W. Nationwide Blvd.
Columbus, OH 43215
Telephone: (614) 224-6000
Facsimile: (614) 224-6066
E-mail: mwilson@meyerwilson.com
mboyle@meyerwilson.com
jconnors@meyerwilson.com
OLIN CORPORATION: Fabre Suit Removed to M.D. Louisiana
------------------------------------------------------
The case styled as Tim Fabre, Nicole Fabre, individually and on
behalf of all others similarly situated v. Olin Corporation, Case
No. 81516 Div A was removed from the 18th JDC, Iberville Parish, to
the U.S. District Court for the Middle District of Louisiana on
June 8, 2022.
The District Court Clerk assigned Case No. 3:22-cv-00376-BAJ-RLB to
the proceeding.
The nature of suit is stated Other P.I. for Personal Injury.
Olin Corporation -- https://olin.com/ -- is an American
manufacturer of ammunition, chlorine, and sodium hydroxide.[BN]
The Plaintiff is represented by:
Patrick Wayne Pendley, Esq.
Andrea Leigh Barient, Esq.
PENDLEY, BAUDIN & COFFIN, LLP
P.O. Drawer 71
24110 Eden St.
Plaquemine, LA 70764-0071
Phone: (225) 687-6396
Fax: (225) 687-6398
Email: pwpendley@pbclawfirm.com
abarient@pbclawfirm.com
- and -
Allen J. Myles, Esq.
MYLES & MYLES
P. O. Box 877
23445 Railroad
Plaquemine, LA 70764
Phone: (225) 687-2822
Fax: 687-9333
Email: mylesandmylesattyatlaw@yahoo.com
- and -
Charlotte C. McDaniel, Esq.
CHARLOTTE C. MCDANIEL APLC
16851 Jefferson Highway Ste 3-A
Baton Rouge, LA 70808
Phone: (225) 389-6711
Fax: (225) 372-2607
Email: charlotte@mcdanielmcgehee.com
- and -
Joseph B. Dupont, Jr., Esq.
DUPONT, DUPONT & DUPONT, LTD
23635 Railroad Avenue
P. O. Box 627
Plaquemine, LA 70764
Phone: (225) 687-6893
Fax: (225) 687-0227
Email: dddlaw@bellsouth.net
- and -
Kirk Andrew Guidry, Esq.
DUE' GUIDRY PIEDRAHITA ANDREWS, LC
8201 Jefferson Highway
Baton Rouge, LA 70809
Phone: (225) 929-7481
Fax: 924-4519
Email: kguidry@dueguidry.com
The Defendant is represented by:
Erich P. Rapp, Esq.
Karli Glascock Johnson, Esq.
Jay Morton Jalenak, Jr., Esq.
KEAN, MILLER, HAWTHORNE, D'ARMOND, MCCOWAN & JARMAN
P. O. Box 3513
Baton Rouge, LA 70821-3513
Phone: (225) 387-0999
Fax: (225) 388-9133
Email: erich.rapp@keanmiller.com
karli.johnson@keanmiller.com
jay.jalenak@keanmiller.com
PAPARAZZI LLC: Burgess Sues Over Deceptive and Misleading Labeling
------------------------------------------------------------------
Irene Burgess, individually and on behalf of all others similarly
situated v. PAPARAZZI, LLC, a Utah limited liability company, Case
No. 2:22-cv-00957-JDP (E.D. Cal., June 2, 2022), is brought against
the Defendant as a result of their the Products' labeling being
deceptive and misleading.
Despite earlier representations and express warranties stating that
the Defendant's products are "lead-free and nickel-free," the
Defendant designed, sourced, and sold jewelry that allegedly
contained detectable levels of lead and nickel, among other heavy
metals (the "Products"). Between November 20, 2021, and January 9,
2022, the Defendant removed the "lead-free and nickel-free"
representations from its website.
Nickel allergy affects approximately 10% of the United States
population, often causing itchy, inflamed rashes, hives, and
sometimes headaches, vomiting, and fatigue. Lead used in jewelry
makes the product heavier, more stable, brightens the paint, or
softens the plastic. However, lead is a toxic metal that has been
demonstrated to lead to severe long term health problems including,
inter alia, learning disabilities, anemia, and organ failure.
Unbeknownst to the Plaintiff and members of the proposed Classes,
and contrary to the representations on Defendant's website, the
Products contain lead and nickel, which, if disclosed to the
Plaintiff and members of the proposed Classes prior to purchase,
would have resulted in the Plaintiff and members of the proposed
Classes not purchasing or using the Products. As a result, the
Products' labeling is deceptive and misleading. Plaintiff and the
members of the proposed Classes, says the complaint.
The Plaintiff regularly purchased some Products for her personal
use.
The Defendant is a multi-level marketing business that sells
jewelry and other accessories wholesale in bulk to consultants, who
then sell the jewelry and other accessories to consumers.[BN]
The Plaintiff is represented by:
Jonathan Shub, Esq.
Kevin Laukaitis, Esq.
SHUB LAW FIRM LLC
134 Kings Highway E, 2nd Floor
Haddonfield, NJ 08033
Phone: 856-772-7200
Facsimile: 856-210-9088
Email: jshub@shublawyers.com
klaukaitis@shublawyers.com
PARLER INC: Golden Sues Over Unsolicited Telephonic Sales Calls
---------------------------------------------------------------
The case, DALE T. GOLDEN, individually and on behalf of all others
similarly situated, Plaintiff v. PARLER, INC., Defendant, Case No.
152170287 (Fla. 13th Jud. Cir. Ct., June 24, 2022) is brought by
the Plaintiff as a class action against the Defendant to recover
damages as a result of the Defendant's alleged violations of the
Florida Telephone Solicitation Act.
According to the complaint, the Defendant allegedly engages in
telephonic sales calls to consumers even though without having
secured prior express written consent as required by the FTSA in an
attempt to promote its goods and services. The Plaintiff has
received telephonic sales call from the Defendant to his telephone
number on or after July 1, 2021. The Defendant did not obtain the
Plaintiff's prior express written consent to send such telephonic
sales call, which is allegedly involved an automated system for the
selection or dialing of telephone numbers or the playing of a
recorded message when a connection is completed, says the suit.
As a result of the Defendant's unsolicited telephonic sales calls,
the Plaintiff and other similarly situated individuals were harmed.
Thus, on behalf of himself and all other similarly situated
individuals, the Plaintiff seeks an injunction requiring the
Defendant to cease all telephonic sales calls made without express
written consent. The Plaintiff also seeks to recover statutory
damages, court costs, attorney's fees, and other relief as the
Court deems necessary, the suit added.
Parler, Inc. is an American alt-tech microblogging and social
networking service. [BN]
The Plaintiff is represented by:
Benjamin W. Raslavich, Esq.
KUHN RASLAVICH, P.A.
2110 West Platt Street
Tampa, FL 33606
Tel: (813) 422-7782
Fax: (813) 422-7783
E-mail: ben@theKRfirm.com
PAYPAL INC: Al-Ramahi Sues Over Venmo Money Transfer Service
------------------------------------------------------------
MOHAMMAD AL-RAMAHI, individually and on behalf of all others
similarly situated v. PAYPAL, INC., Case No. 5:22-cv-03632 (N.D.
Cal., June 21, 2022) is brought as a class action on behalf of
Plaintiff and thousands of similarly situated customers of PayPal
who signed up for the Defendant's Venmo money transfer service, and
who have been the victim of fraud on Venmo, have incurred losses
due to that fraud and have not been reimbursed by PayPal, and were
entitled to such reimbursement by federal regulations and the
marketing representations of PayPal.
Venmo is a person-to-person money transfer application ("Transfer
App") owned and operated by Defendant.
According to the complaint, the Defendant markets Venmo as a safe
way for consumers to send money. This claim is allegedly false
since there are huge, undisclosed security risks of using Venmo
that Defendant omitted from its marketing push to get its customers
to sign up for Venmo, says the suit.
The Defendant misrepresents and omits a key fact about the service
that is unknown to accountholders: that there is virtually no
recourse for consumers to recoup losses due to fraud. Indeed,
unlike virtually every other payment method commonly used by
American consumers -- debit cards, credit cards, and checks—there
is no protection for accountholders who are victims of fraud, and
virtually no recourse for accountholders attempting to recoup
losses due to fraud. Worse, the Defendant misrepresents and omits
the truth about a secret policy it has opted: it does not and will
not reimburse its accountholders for losses on Venmo due to fraud,
even where those losses are timely reported by accountholders, the
suit added.
As a result, users like Plaintiff sign up for and use the Venmo
service without the benefit of accurate information regarding that
service, and later end up with huge, unreimbursed losses due to
fraud. Such users never would have signed up for Venmo in the first
place if they had known the risks of signing up for and using the
service, alleges the suit.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Philip L. Fraietta, Esq.
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-Mail: ltfisher@bursor.com
pfraietta@bursor.com
jdiamond@bursor.com
PCRK GROUP: Underpays Spa Employees, Laverty Suit Alleges
---------------------------------------------------------
ALAYNA LAVERTY, individually and on behalf of similarly situated
employees, Plaintiff v. PCRK GROUP, LLC d/b/a MASSAGE ENVY SPA,
Defendant, Case No. 1:22-cv-03320 (N.D. Ill., June 24, 2022) brings
this complaint seeking damages from the Defendant for its alleged
unlawful pay policy and practice in violations of the Fair Labor
Standards Act, the Illinois Wage Payment and Collections Act, the
Illinois Minimum Wage Law, and the common law of the State of
Illinois.
The Plaintiff has begun her employment with the Defendant on
October 11, 2021 at the Defendant's Massage Envy Spa. She was
promised an hourly wage of $17.00/hour.
The Plaintiff asserts that she works a full-time schedule
regardless of the number of clients she serves during her workday.
However, the Defendant compensated her only for the time when she
is actually serving clients. Specifically, if she has served 3
clients for 3 hours, the Defendant paid her for 3 hours only.
Although she is not permitted to leave, the Defendant refused to
compensate her for the idle times she spent without any client,
says the suit.
As a direct result of the Defendant's violations of the FLSA, the
Plaintiff has suffered the loss of compensation in the form of
unpaid hourly wages and being paid less than the legal federal
minimum wage for a pay period, the suit added.
PCRK Group, LLC operates a massage spa facility. [BN]
The Plaintiff is represented by:
Jonathan Lubin, Esq.
LAW OFFICE OF JONATHAN LUBIN
8800 Bronx Ave., Suite 100H
Skokie, IL 60077
Tel: (773) 954-2608
E-mail: jonathan@lubinlegal.com
PELICAN INVESTMENT: Faces Banks Suit Over Unwanted Telephone Calls
------------------------------------------------------------------
TODD C. BANK, Individually and on Behalf of All Others Similarly
Situated v. PELICAN INVESTMENT HOLDINGS GROUP, LLC, Case No.
1:22-cv-03634 (E.D.N.Y., June 20, 2022) concerns the Defendant's
forcing of its advertisements on Plaintiff and thousands of other
persons throughout the United States in violation of the Telephone
Consumer Protection Act.
The Defendant, in the course of selling its services, placed, in
violation of the TCPA, thousands of telephone calls, to residential
and cellular telephone lines, using a pre-recorded message and/or
an artificial voice, says the suit.
On May 18, 2022, Pelican made a telephone call. Bank's Pelican Call
was made to a cellular telephone number. Bank has been a regular
user of the cellular telephone number to which Bank's Pelican Call
was made. Upon the answering of Bank's Pelican Call, a message was
played that was obviously pre-recorded, as it sounded robotic, did
not respond when spoken to, did not ask to speak to any particular
person, and stated: "to speak with a coverage specialist to go over
your options, press one," the suit asserts.
The Plaintiff brings this action individually and intends to
maintain this action on behalf of all other persons to whose
residential or cellular telephone number one or more of Defendant's
telephone calls were placed during the period beginning four years
prior to the commencement of this action until the resolution of
this action.
The Plaintiff is a resident of the Eastern District of New York.
Pelican is a nationwide seller of automotive extended-warranty
plans, which are known as vehicle service contracts ("VCSs").[BN]
The Plaintiff is represented by:
Todd C. Bank, Esq.
TODD C. BANK,
ATTORNEY AT LAW, P.C.
119-40 Union Turnpike
Fourth Floor, Kew Gardens, NY 11415
Telephone: (718) 520-7125
PEPPERIDGE FARM: Cheah Sues Over Cracker Products' Deceptive Label
------------------------------------------------------------------
Agnita Cheah, individually and on behalf of all others similarly
situated v. Pepperidge Farm, Incorporated, Case No. 2:22-cv-03633
(E.D.N.Y., June 20, 2022) alleges that despite the labeling of the
crackers product as "Harvest Wheat," with a dark brown color, and
visible pieces of grain, the Product contains a negligible absolute
and relative amount of whole grains compared to refined grains.
Pepperidge manufactures, markets, labels and sells dark colored,
mottled crackers identified as "Harvest Wheat" under the Pepperidge
Farm brand.
According to the complaint, the crackers contain specks of what
appear to be grains and are displayed on a stone slap with freshly
picked produce and cheese. The representation as "Harvest Wheat"
causes consumers to expect it contains a predominant amount of
whole grains compared to refined grains, says the suit.
Cheah contends that reasonable consumers must and do rely on a
company to honestly and lawfully market 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 suit alleges.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
PEPSICO INC: Ellis NJSWHL Suit Moved From D.N.J. to S.D.N.Y.
------------------------------------------------------------
The case styled TRACY ELLIS, individually and on behalf of all
others similarly situated v. PEPSICO, INC., Case No. 2:22-cv-01895,
was transferred from the U.S. District Court for the District of
New Jersey to the U.S. District Court for the Southern District of
New York on June 21, 2022.
The Clerk of Court for the Southern District of New York assigned
Case No. 7:22-cv-05200-NSR to the proceeding.
The case arises from the Defendant's alleged failure to pay wages,
including proper overtime, for all hours worked in violation of the
New Jersey State Wage and Hour Law.
PepsiCo, Inc. is an American multinational food, snack, and
beverage corporation, with its principal place of business in New
York. [BN]
The Plaintiff is represented by:
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Road, Suite 4000
Plantation, FL 33324
Telephone: (954) WORKERS
Facsimile: (954) 327-3013
Email: AFrisch@forthepeople.com
- and –
C. Ryan Morgan, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 16th Floor
P.O. Box 4979
Orlando, FL 32802-4979
Telephone: (407) 420-1414
Facsimile: (407) 867-4791
E-mail: rmorgan@forthepeople.com
- and –
Matthew S. Parmet, Esq.
PARMET PC
3 Riverway, Ste. 1910
Houston, TX 77056
Telephone: (713) 999-5228
E-mail: matt@parmet.law
PEPSICO INC: Poulson IMWL Suit Moved From S.D. Ind. to S.D.N.Y.
---------------------------------------------------------------
The case styled ALLISON POULSON, individually and on behalf of all
others similarly situated v. PEPSICO, INC. d/b/a PFS and FRITOLAY,
INC., Case No. 1:22-cv-00725, was transferred from the U.S.
District Court for the Southern District of Indiana to the U.S.
District Court for the Southern District of New York on June 21,
2022.
The Clerk of Court for the Southern District of New York assigned
Case No. 7:22-cv-05196-UA to the proceeding.
The case arises from the Defendant's alleged failure to pay wages,
including proper overtime, for all hours worked in violation of the
Indiana Minimum Wage Law and the Indiana Wage Payment Statute.
PepsiCo, Inc. is an American multinational food, snack, and
beverage corporation, with its principal place of business in New
York. [BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
3 Riverway, Ste. 1910
Houston, TX 77056
Telephone: (713) 999-5228
E-mail: matt@parmet.law
PEPSICO INC: White IMWL Suit Moved From N.D. Ill. to S.D.N.Y.
-------------------------------------------------------------
The case styled DONEDWARD WHITE, individually and on behalf of all
others similarly situated v. PEPSICO, INC., Case No. 1:22-cv-02066,
was transferred from the U.S. District Court for the Northern
District of Illinois to the U.S. District Court for the Southern
District of New York on June 21, 2022.
The Clerk of Court for the Southern District of New York assigned
Case No. 7:22-cv-05198-UA to the proceeding.
The case arises from the Defendant's alleged failure to pay wages,
including proper overtime, for all hours worked in violation of the
Illinois Minimum Wage Law and the Illinois Wage Payment and
Collection Act.
PepsiCo, Inc. is an American multinational food, snack, and
beverage corporation, with its principal place of business in New
York. [BN]
The Plaintiff is represented by:
Matthew S. Parmet, Esq.
PARMET PC
3 Riverway, Ste. 1910
Houston, TX 77056
Telephone: (713) 999-5228
E-mail: matt@parmet.law
- and –
Warren Astbury, Esq.
MORGAN & MORGAN, P.A.
55 E. Monroe St., Ste. 3800
Chicago, IL 60603
Telephone: (312) 706-0550
Facsimile: (313) 739-1976
E-mail: wastbury@forthepeople.com
PORTFOLIO RECOVERY: Mansaray Files FDCPA Suit in D. Massachusetts
-----------------------------------------------------------------
A class action lawsuit has been filed against Portfolio Recovery
Associates, L.L.C. The case is styled as Mamoud Mansaray,
individually and on behalf of all others similarly situated v.
Portfolio Recovery Associates, L.L.C., Case No. 4:22-cv-40062-RWZ
(D. Mass., June 6, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Portfolio Recovery Associates -- https://www.portfoliorecovery.com/
-- is a publicly traded global debt buyer based in Norfolk,
Virginia.[BN]
The Plaintiff is represented by:
Scott H. Bernstein, Esq.
LAW OFFICES OF SCOTT H. BERNSTEIN, LLC
103 Eisenhower Parkway, Suite 300
Roseland, NJ 07068
Phone: (203) 246-2887
Email: scott@scottbernsteinlaw.com
PREMIERE GLOBAL: Clair Sues to Recover Unused Vacation
------------------------------------------------------
Kimberlee St. Clair and Kathi Neill, individually and on behalf of
a class of others similarly situated v. PREMIERE GLOBAL SERVICES,
INC. and AMERICAN TELECONFERENCING SERVICES, LTD, Case No.
2022CV365727 (Ga. Super. Ct., Fulton Cty., June 3, 2022), is
brought to recover the unused vacation that was wrongfully taken
from them after years of dedicated service.
During the Plaintiffs employment, PGi maintained a policy to pay
employees affected by a reduction in force their unused vacation
time. Based on this policy, the Defendants were contractually
required to pay Plaintiffs and the Putative Class their unused
vacation time if they were terminated as part of a reduction in
force. On September 20, 2021 PGi unilaterally amended its vacation
payout policy to claim it now did not pay unused vacation time
under any circumstances. The next day, PGi terminated approximately
150 employees and refused to pay unused vacation to a majority of
the employees who are located in states, including Georgia, where
vacation pay is not covered under the state's wage & hour laws.
Again in November 2011, PGi terminated a group of employees and
refused to pay all employees their unused vacation, says the
complaint.
The Plaintiffs are former PGi employees who were terminated as part
of a reduction in force in September 2021 and November 2021.
PREMIERE GLOBAL SERVICES, INC., is a Georgia corporation with its
principal place of business in Alpharetta, Georgia.[BN]
The Plaintiff is represented by:
Jeremy Stephens, Esq.
MORGAN & MORGAN, P.A.
191 Peachtree Street, N.E., Ste. 4200
Atlanta, GA 30343-1007
Phone: (404) 965-1682
Email: jstephens@forthepeople.com
- and -
Bryan Arbeit, Esq.
MORGAN & MORGAN, P.A.
8151 Peters Rd, FI. 4
Plantation, FL 33324
Phone: (954) 694-9610
Email: barbeit@forthepeople.com
PROCTER & GAMBLE: Calderon Suit Over Mislabeled Vicks Product
-------------------------------------------------------------
LYNDA CALDERON, individually and on behalf of all others similarly
situated Plaintiff v. THE PROCTER & GAMBLE COMPANY, Defendant,
Case No. 1:22-cv-03326 (N.D. Ill., June 24, 2022) is an action
alleging that the Defendant mislabeled its Vicks Pure Zzzs
containing overdosed content of melatonin.
The Plaintiff alleges in the complaint that by selling a melatonin
supplement for sleep, i.e., a supplement that alters brain
chemistry, the Defendant is representing to consumers that its
products are accurately dosed and labelled. When a consumer picks
up a bottle of Pure Zzzs Melatonin, they reasonably expect that it
actually has the dosage for which the Defendant designed the
recommended serving. No reasonable consumer expects that a
melatonin supplement has a random and substantial overdose of
melatonin, compared to what it is supposed to have. More
specifically, when a bottle of Pure Zzzs Melatonin says it has a
specific amount of melatonin per serving (e.g., 2 mg), consumers
expect this to be accurate, says the suit.
The Defendant's labelling is false and misleading to consumers in
multiple respects. The dosage of Pure Zzzs Melatonin is not
well-controlled and consistent with the dosages for which the
Defendant designed the recommended servings. Pure Zzzs Melatonin
does not have the amount of melatonin claimed on the label. And the
Defendant does not even mention that the actual dosage may vary,
the suit added.
The Plaintiff would not have purchased the product if she knew that
the Defendant had serious problems with the accuracy of its dosing
and labelling.
The Procter & Gamble Company manufactures and markets consumer
products in countries throughout the world. The Company provides
products in the laundry and cleaning, paper, beauty care, food and
beverage, and health care segments. Procter & Gamble products are
sold primarily through mass merchandisers, grocery stores,
membership club stores, drug stores, and neighborhood stores. [BN]
The Plaintiff is represented by:
Jonas Jacobson, Esq.
Simon Franzini, Esq.
DOVEL & LUNER, LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, CA 90401
Telephone: (310) 656-7066
Facsimile: (310) 656-7069
Email: jonas@dovel.com
simon@dovel.com
PROFESSIONAL PARKING: Davis FCRA Suit Removed to S.D. Florida
-------------------------------------------------------------
The case styled as Michael Davis, individually and on behalf of all
others similarly situated v. Professional Parking Management
Corporation, YSA Arm LLC doing business as: Oxygen XL, Case No.
CACE22006045 was removed from the 17th Judicial Circuit Court, to
the U.S. District Court for the Southern District of Florida on
June 3, 2022.
The District Court Clerk assigned Case No. 0:22-cv-61070-KMM to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Professional Parking Management --
https://www.professionalparkingmgt.com/ -- offers a free parking
compliance service using license plate recognition (LPR) cameras to
detect parking violations and automatically send parking charges by
mail.[BN]
The Plaintiff is represented by:
Daniel DeSouza, Esq.
DeSouza Law, PA
3111 N. University Drive, Ste 301
Coral Springs, FL 33065
Phone: (954) 603-1340
Email: ddesouza@desouzalaw.com
- and -
James D D'Loughy, II
ADVISORLAW PLLC
2925 PGA Blvd., Suite 204
2613 Bucknell Lane
Palm Beach Gardens, FL 33410
Phone: (561) 622-7788
Fax: (800) 734-5289
Email: jdloughy@advisorlaw.com
The Defendant is represented by:
Russell Robert O'Brien, Esq.
CONRAD & SCHERER, LLP
633 South Federal Highway, Suite 800
Fort Lauderdale, FL 33301
Phone: (954) 847-3347
Email: robrien@conradscherer.com
- and -
Devin Freedman
ROCHE FREEDMAN, LLP
1 SE 3rd Ave., Suite 1240
Miami, FL 33131
Phone: (305) 306-9211
Email: vel@rochefreedman.com
PUBLIC BROADCASTING: Discloses Subscribers' Identities, Harris Says
-------------------------------------------------------------------
JAZMINE HARRIS, Individually and on behalf of herself and all
others similarly situated, v. PUBLIC BROADCASTING SERVICE, Case No.
1:22-cv-02456-AT (N.D. Ga., June 20, 2022) is a class action
complaint against the Defendant for violation of the federal Video
Privacy Protection Act by disclosing its digital subscribers'
identities and video media to Facebook without the proper consent.
The Plaintiff's claims arise from Defendant's practice of knowingly
disclosing to a third party, Meta Platforms, Inc. data containing
its digital subscribers' (i) personally identifiable information or
Facebook ID ("FID") and (ii) the computer file containing video and
its corresponding URL viewed ("Video Media"), says the suit.
Like other businesses with an online presence, the Defendant
collects and shares the personal information of visitors to its
website and mobile application ("App") with third parties.
Defendant does this through cookies, software development kits
("SDK"), and pixels. In other words, digital subscribers to Pbs.com
have their personal information disclosed to Defendant's
third-party business partners, the suit alleges.
Plaintiff Jazmine Harris is an adult citizen of Georgia and is
domiciled in Gwinnett County, Georgia. The Plaintiff began her
digital subscription to Pbs.com around 2015 and continues to
maintain the subscription to this day. The Plaintiff has had a
Facebook account from approximately 2012 to the present. During the
relevant time period she has used her Pbs.com digital subscription
to view Video Media through the Pbs.com website and/or App while
logged into her Facebook account. By doing so, the Plaintiff's
Personal Viewing Information was disclosed to Facebook pursuant to
the systematic process described herein. Plaintiff never gave
Defendant express written consent to disclose her Personal Viewing
Information, the Plaintiff asserts.
The Defendant is an American media company headquartered in
Arlington, Virginia. The Defendant operates more than 350
affiliated stations in Georgia and the rest of the United States.
Defendant's estimated annual revenue is approximately $686 million.
The Pbs.com website includes a broad selection of video content
posted along with their stories. Pbs.com had approximately 34
million average monthly users watch videos on the PBS site and
app.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, P.A.
26 Grand Georgian Ct.
Cantersville, GA 30121
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
PUBLIC PARTNERSHIPS: Appeals Class Cert. Ruling in Talarico Suit
----------------------------------------------------------------
Public Partnerships, LLC filed an appeal from a court ruling
granting class certification in the lawsuit entitled RALPH
TALARICO, individually and on behalf of all others similarly
situated v. PUBLIC ARTNERSHIPS, LLC, d/b/a PCG, PUBLIC
PARTNERSHIPS, Case No. 5:17-cv-02165-JLS, in the United States
District Court for the Eastern District of Pennsylvania.
The lawsuit seeks damages in the amount of unpaid overtime
compensation, prejudgment interest, attorneys' fees and costs
pursuant to the Fair Labor Standards Act.
As reported in the Class Action Reporter on May 30, 2022, the Hon.
Judge Jeffrey L. Schmehl entered an order holding that:
1. The Plaintiff's motion for class certification and final
collective action certification is granted;
2. The Plaintiff Ralph Talarico is designated the class
representative and his counsel is designated as Class
Counsel;
3. The class shall be defined as follows:
"All direct care workers in Pennsylvania who provided
services to participants in the Medicaid Home and
Community-Based Services waiver program and were paid
through Public Partnerships, LLC, who worked more than 40
hours in a work week at any time from May 11, 2014 through
date of trial without receiving an overtime premium for
all hours over 40."
4. The parties shall provide the Court with a status report
within 30 days regarding the form of notice to be sent to
class members under Section 216(b) of the Fair Labor
Standards Act; and
5. The Plaintiff's motion to Allow Late Opt-Ins is granted.
The appellate case is captioned as Public Partnerships LLC,
Defendant-Petitioner v. Ralph Talarico, Plaintiff-Respondent, Case
No. 22-8031, in the United States Court of Appeals for the Third
Circuit, filed on May 26, 2022.[BN]
Defendant-Petitioner Public Partnerships, LLC is represented by:
Walter M. Foster, Esq.
ECKERT SEAMANS CHERIN & MELLOTT, LLC
Two International Place, 16th Floor
Boston, MA 02110
Telephone: (617) 342-6814
PURE WAFER: Kovacevic Sues Over Unpaid Minimum, Overtime Wages
--------------------------------------------------------------
Gzim Kovacevic, as an individual and on behalf of all others
similarly situated v. PURE WAFER, INC., a Delaware corporation; and
DOES 1 through 50, inclusive, Case No. 22CV398811 (Cal. Super. Ct.,
Santa Clara Cty., June 1, 2022), is brought to challenge the
Defendant's systemic illegal employment practices resulting in
violations of the California Labor Code and the UCL against
individuals who worked for Defendant.
The Plaintiff alleges, that Defendants, jointly and severally, have
acted intentionally and with deliberate indifference and conscious
disregard to the rights of all employees by: failing to properly
pay minimum, regular, and overtime wages for all hours worked, in
violation of Labor Code; failing to provide duty free meal and rest
periods, in violation of Labor Code sections; failing to provide
accurate itemized wage statements, in violation of Labor Code; and
engaging in Unfair Business Practices in violation of the UCL, the
California Labor Code, and the applicable IWC Wage Orders, says the
complaint.
The Plaintiff was employed by the Defendant as a non-exempt
employee from March 8, 2019 to February 2, 2022.
Pure Wafer, Inc. is a Delaware corporation, which maintains
operations in the State of California.[BN]
The Plaintiff is represented by:
Larry W. Lee, Esq.
Kristen M. Agnew, Esq.
Nicholas Rosenthal, Esq.
DIVERSITY LAW GROUP, P.C.
515 S. Figueroa Street, Suite 1250
Los Angeles, CA 90071
Phone: (213) 488-6555
Facsimile: (213) 488-6554
RAUSCH STURM: Wan FCRA Suit Removed to S.D. Florida
---------------------------------------------------
The case styled as Suelan Wan, on behalf of herself and all other
similarly situated consumers v. Rausch Sturm, LLP, Case No.
22-007267-CA-01 was removed from the 11th Judicial Circuit, to the
U.S. District Court for the Southern District of Florida on June 1,
2022.
The District Court Clerk assigned Case No. 1:22-cv-21677-KMW to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Rausch Sturm -- https://www.rauschsturm.com/ -- is a law firm that
represents creditor issuers and creditors.[BN]
The Plaintiffs are represented by:
Ely Robert Levy, Esq.
LEVY & PARTNERS, PLLC
3230 Stirling Road, Suite 1
Hollywood, FL 33021
Email: elevy@lawlp.com
- and -
Omar Mauricio Salazar, II, Esq.
MILITZOK, LEVY, P.A.
3230 Stirling Road
Hollywood, FL 33021
Phone: (954) 727-8570
Fax: (954) 241-6857
Email: omar@lawlp.com
The Defendant is represented by:
Lauren Marshall Burnette, Esq.
Maureen B Walsh, Esq.
John Michael Marees, II, Esq.
MESSER STRICKLER BURNETTE, Ltd.
12276 San Jose Blvd., Suite 718
Jacksonville, FL 32223
Phone: (904) 527-1172
Fax: (904) 683-7353
Email: lburnette@messerstrickler.com
mwalsh@messerstrickler.com
jmarees@messerstrickler.com
RAVENSBURGER USA: Mejia Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Ravensburger USA,
Inc. The case is styled as Jose Mejia, individually and on behalf
of all others similarly situated v. Ravensburger USA, Inc., Case
No. 1:22-cv-05294 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ravensburger -- https://www.ravensburger.us/start/index.html -- is
a leading producer of puzzles, award-winning board games, and
engaging science and arts and crafts kits.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
REDROCK TECHNOLOGIES: Villanueva Sues Over Unpaid Overtime Wages
----------------------------------------------------------------
Stephen Villanueva, individually, and on behalf of other members of
the general public similarly situated v. REDROCK TECHNOLOGIES,
INC., an unknown business entity; and DOES 1 through 100,
inclusive, Case No. 30-2022-01263687-CU-OE-CXC (Cal. Super. Ct.,
Orange Cty., June 7, 2022), is brought against the Defendant as a
result of failure to pay all regular and/or overtime compensation.
The Plaintiff and the other class members worked over 8 hours in a
day, and/or 40 hours in a week during their employment with
Defendants. Plaintiff alleges that Defendants engaged in a pattern
and practice of wage abuse against their hourly-paid or non-exempt
employees within the State of California. This pattern and practice
involved, inter alia, failing to pay them for all regular and/or
overtime wages earned and for missed meal periods and rest breaks
in violation of California law. The Plaintiff alleges that the
Defendants knew or should have known that the Plaintiff and the
other class members were entitled to receive certain wages for
overtime compensation and that they were not receiving accurate
overtime compensation for all overtime hours worked. The Defendants
failed to pay overtime wages to the Plaintiff and the other class
members for all overtime hours worked. The Plaintiff and the other
class members were required to work more than 8 hours per day
and/or 40 hours per week without overtime compensation for all
overtime hours worked, says the complaint.
The Plaintiff was employed by the Defendants as hourly-paid or
non-exempt employees from June 2016 to January 2019.
REDROCK TECHNOLOGIES, INC. is an employer whose employees are
engaged throughout the State of California, including the County of
Orange.
The Plaintif is represented by:
Edwin Aiwazian, Esq.
LAWYERS FOR JUSTICE, PC
410 West Arden Avenue, Suite 203
Glendale, CA 91203
Phone: (818) 265-1020
Fax: (818) 265-1021
REGULATORY DATACORP: Carr Files FCRA Suit in E.D. Pennsylvania
--------------------------------------------------------------
A class action lawsuit has been filed against Regulatory Datacorp,
Inc., et al. The case is styled as Jeffery N. Carr, Sr., on behalf
of himself and all others similarly situated v. Regulatory
Datacorp, Inc., Bureau Van Dijk Electronic Publishing, Inc., Case
No. 2:22-cv-02139-GEKP (E.D. Pa., June 1, 2022).
The lawsuit is brought over alleged violation of the Fair Credit
Reporting Act.
Regulatory DataCorp -- http://rdc.com/-- is data and technology
risk management company specializing in securing company data.[BN]
The Plaintiff is represented by:
James A. Francis, Esq.
FRANCIS MAILMAN SOUMILAS, P.C.
1600 Market St., Suite 2510
Philadelphia, PA 19103
Phone: (215) 735-8600
Fax: (215) 940-8000
Email: jfrancis@consumerlawfirm.com
RESTAURANT STORE: Mejia Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against The Restaurant Store
Inc. The case is styled as Jose Mejia, individually and on behalf
of all others similarly situated v. The Restaurant Store Inc., Case
No. 1:22-cv-05305 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
The Restaurant Store -- https://www.therestaurantstore.com/ -- is a
one-stop-shop for food service equipment and restaurant
supplies.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
RESTORAPET INC: Mejia Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Restorapet, Inc. The
case is styled as Jose Mejia, individually and on behalf of all
others similarly situated v. Restorapet, Inc., Case No.
1:22-cv-05295 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
RestoraPet -- https://restorapet.com/ -- offers premium organic pet
supplement for dogs, cats, horses, rabbits, hamsters, and other
mammals.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
RESURGENT CAPITAL: Fletcher Files FCPA Suit in E.D. Pennsylvania
----------------------------------------------------------------
A class action lawsuit has been filed Resurgent Capital Services
L.P. The case is styled as Jacquelyn Fletcher, individually and on
behalf of all others similarly situated v. Resurgent Capital
Services L.P., LVNV Funding, LLC, Case No. 2:22-cv-02202-PD (E.D.
Pa., June 3, 2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Act.
Resurgent Capital Services, LP -- https://www.resurgent.com/ --
provides financial services. The Company manages debt portfolios
for credit grantors and debt buyers.[BN]
The Plaintiff is represented by:
Scott Howard Bernstein, Esq.
LAW OFFICES OF SCOTT H. BERNSTEIN, LLC
101 Eisenhower Parkway, Suite 300
Roseland, NJ 07068
Phone: (203) 246-2887
Email: scott@scottbernsteinlaw.com
- and -
Alla Gulchina, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (908) 591-8417
Email: allag1022@gmail.com
ROCKET MORTGAGE: Synder Class Suit Seeks Unpaid Minimum & OT Wages
------------------------------------------------------------------
D C SNYDER on behalf of himself, the State of California, and
others similarly situated and aggrieved v. ROCKET MORTGAGE, LLC, a
Michigan Limited Liability Company; ROCKET COMPANIES, INC., a
Delaware Corporation; QUICKEN LOANS, INC., a Michigan Corporation,
and QUICKEN LOANS, LLC, a Michigan Limited Liability Company and
DOES 1-100, inclusive, Case No. 22STCV20293 (Cal. Super., Los
Angeles Cty., June 21, 2022) is a representative action filed by
the Plaintiff on behalf of himself, other similarly Aggrieved
Employees and the State of California against the Defendants,
pursuant to California's Private Attorney General Act, Labor Code,
to recover civil penalties (75% payable to the Labor and Workforce
Development Agency and 25% payable to Aggrieved Employees) for the
Defendants' violations of the California Labor Code.
According to the complaint, the Defendants failed to compensate the
Plaintiff and Aggrieved Employees for all hours worked, resulting
in the underpayment of minimum and overtime wages. The Defendants
failed to compensate the Plaintiff and Aggrieved Employees for all
hours worked by virtue of, including but not limited to,
Defendants' automatic deduction policies and practices for meal
periods, failure to relieve employees of all duties and employer
control during unpaid meal periods or otherwise unlawful meal
period practices, time-rounding policies and practices, payment
according to scheduled hours worked instead of actual time worked,
and mandated pre-shift/post-shit and/or other mandated
off-the-clock work policies and practices, says the suit.
Rocket is a mortgage loan provider.[BN]
The Plaintiff is represented by:
Michael R. Crosner, Esq.
Zachary M. Crosner, Esq.
Blake R. Jones, Esq.
Chad Saunders, Esq.
CROSNER LEGAL, PC
9440 Santa Monica Blvd. Suite 301
Beverly Hills, CA 90210
Telephone: (310) 496-5818
Facsimile: (310) 510-6429
E-mail: mike@crosnerlegal.com
zach@crosnerlegal.com
blake@crosnerlegal.com
chad@crosnerlegal.Com
ROYAL CARE: Alcantar Sues to Recover Unpaid Wages
-------------------------------------------------
Haydee Alcantar, individually and on behalf of all others similarly
situated v. ROYAL CARE SKILLED NURSING FACILITY, INC.; COVENANT
CARE CALIFORNIA, LLC; and DOES 1 through 20, inclusive, Case No.
22CV398814 (Cal. Super. Ct., Santa Clara Cty., June 1, 2022), is
brought against the Defendants to recover, among other things,
unpaid wages, benefits, interest, attorneys' fees, costs and
expenses, and penalties pursuant to Labor Code.
The Plaintiff alleges that Defendants engaged in a systematic
pattern of wage and hour violations under the California Labor Code
and Industrial Welfare Commission ("IWC") Wage Orders, all of which
contribute to the Defendants' deliberate unfair competition. The
Plaintiff is informed and believe, and thereon alleges, that the
Defendants have increased their profits by violating state wage and
hour laws by, among other things: failing to pay all wages
(including minimum wages and overtime wages); failing to provide
lawful meal periods or compensation in lieu thereof; failing to
authorize or permit lawful rest breaks or provide compensation in
lieu thereof; failing to provide accurate itemized wage statements;
failing to pay wages timely during employment; and failing to pay
all wages due upon separation of employment, says the complaint.
The Plaintiff is a resident of California and worked for the
Defendants.
The Defendants provide services or goods throughout
California.[BN]
The Plaintiff is represented by:
Samuel A Wong, Esq.
Kashif Haque, Esq.
Jessica L Campbell, Esq.
AEGIS LAW FIRM, PC
9811 Irvine Center Drive, Suite 100
Irvine, CA 92618
Phone: (949) 379-6250
Facsimile: (949) 3 79-6251
Email: jcampbell@aegislawfirm.com
SABINE VALLEY: Fails to Pay Overtime Wages, Wilkerson Suit Says
---------------------------------------------------------------
DIANNA WILKERSON, individually and on behalf of all others
similarly situated, Plaintiff v. SABINE VALLEY REGIONAL MHMR CENTER
d/b/a COMMUNITY HEALTHCORE, Defendant, Case No. 2:22-cv-00222 (E.D.
Tex., June 21, 2022) is a class action against the Defendant for
failure to pay the Plaintiff and similarly situated workers for all
hours worked and overtime hours and for retaliation, in violation
of the Fair Labor Standards Act.
The Plaintiff was hired by the Defendant on or about July 17,
2018.
Sabine Valley Regional MHMR Center, doing business as Community
Healthcore, is a mental health service in Longview, Texas. [BN]
The Plaintiff is represented by:
Bob Whitehurst, Esq.
5380 Old Bullard Road, Suite 600
Tyler, TX 75703
Telephone: (903) 593-5588
SAIGON GRILL: Appeals Amended Ruling in Garcia Suit to 2nd Cir.
---------------------------------------------------------------
Defendants Saigon Market LLC, DBA Saigon Market, et al., filed an
appeal from a court ruling entered in the lawsuit entitled Isidro
Garcia and Eliazar Valentin, individually and on behalf of others
similarly situated v. Saigon Grill, Inc. d/b/a Saigon Market, Simon
Nget, and Chris Pizzimenti, Case No. 1:15-cv-09433, in the United
States District Court for the Southern District of New York.
The lawsuit is brought against the Defendants for failure to pay
overtime wages in violation of the Fair Labor Standard Act.
On June 26, 2020, the Court entered a Report and Recommendation
signed by Magistrate Judge Sarah L. Cave stating that (1) Plaintiff
Garcia be awarded $39,684.97 in damages, comprised of: (i)
$9,105.06 in unpaid minimum wages; (ii) $3,702.33 in unpaid
overtime wages; (iii) $12,807.39 in liquidated damages; (iv)
$6,570.19 in prejudgment interest; and (v) $7,500 in statutory
damages; (2) Plaintiff Valentin be awarded $6,933.82 in damages,
comprised of: (i) $2,112.00 in unpaid minimum wages; (ii) $204.45
in unpaid overtime wages; (iii) $2,316.45 in liquidated damages;
(iv) $1,300.92 in prejudgment interest; and (v) $1,000 in statutory
damages; (3) Plaintiff Quiche be awarded be awarded $17,314.73 in
damages, comprised of: (i) $5,933.04 in unpaid minimum wages; (ii)
$111.57 in unpaid overtime wages; (iii) $6,044.61 in liquidated
damages; (iv) $2,725.51 in prejudgment interest; and (v) $2,500 in
statutory damages; and (4) Plaintiffs be awarded attorneys fees in
the amount of $19,531.75 and costs in the amount of $465.00.
On April 25, 2022, an Amended Opinion and Order was entered by
Judge Vernon S. Broderick involving the June 26, 2020 Report and
Recommendation wherein he ADOPTED IN PART and MODIFIED IN PART
Magistrate Judge Cave's Report. Accordingly, (1) Plaintiff Garcia
is awarded $39,684.97 in damages, comprised of: (i) $9,105.06 in
unpaid minimum wages, (ii) $3,702.33 in unpaid overtime wages,
(iii) $12,807.39 in liquidated damages, (iv) $8,598.88 in
prejudgment interest, and (v) $7,500 in statutory damages; (2)
Plaintiff Valentin is awarded $6,933.82 in damages, comprised of:
(i) $2,112.00 in unpaid minimum wages, (ii) $204.45 in unpaid
overtime wages, (iii) $2,316.45 in liquidated damages, (iv)
$1,526.08 in prejudgment interest, and (v) $1,000 in statutory
damages; (3) Plaintiff Quiche is awarded $17,314.73 in damages,
comprised of: (i) $5,933.04 in unpaid minimum wages, (ii) $111.57
in unpaid overtime wages, (iii) $6,044.61 in liquidated damages,
(iv) $3,731.94 in prejudgment interest, and (v) $2,500 in statutory
damages; and (4) Plaintiffs are awarded attorneys' fees in the
amount of $19,531.75 and costs in the amount of $465.00. Further,
the Clerk of Court is directed to (1) terminate any open motions,
(2) enter judgment in accordance with this Order, (3) with post
judgment interest pursuant to 28 U.S.C. Section 1961, and (4) close
this case.
The Defendants seek a review of this Amended Opinion and Order.
The appellate case is captioned as Saigon Grill Inc. v. Garcia,
Case No. 22-1177, in the United States Court of Appeals for the
Second Circuit, filed on May 26, 2022.[BN]
Defendants-Appellants Saigon Market LLC, DBA Saigon Market; Hau
Nguyen; and Johnathan Nguyen, are represented by:
William K. Joseph, Esq.
MARCOTE & ASSOCIATES, P.C.
108 New South Road
Hicksville, NY 11801
Telephone: (516) 280-2281
Plaintiffs-Appellees Isidro Garcia, Eliazar Valentin, and Fermin
Quiche, individually and on behalf of others similarly situated,
are represented by:
Shawn Raymond Clark, Esq.
PHILLIPS & ASSOCIATES, PLLC
45 Broadway
New York, NY 10006
Telephone: (212) 248-7431
- and -
Colin James Mulholland, Esq.
LAW OFFICES OF COLIN MULHOLLAND
30-97 Steinway Street, Suite 301-A
Astoria, NY 11103
Telephone: (347) 687-2019
- and -
Catalina Sojo, Esq.
CSM LEGAL P.C.
60 East 42nd Street, Suite 4510
New York, NY 10128
Telephone: (212) 317-1200
SELECT 7: Takeuchi Seeks Overtime & Minimum Wages Under Labor Code
------------------------------------------------------------------
YOSHITAKA TAKEUCHI, an individual on behalf of himself and others
similarly situated v. SELECT 7 LLC, a California limited liability
company; and DOES 1-10 inclusive, Case No. 22STCV20161 (Cal.
Super., Los Angeles Cty., June 21, 2022) alleges that the
Defendants failed to pay overtime compensation and minimum wages,
and failed to Provide Meal and Rest Periods under the California
Labor Code.
The Defendants own and operate an industry, business, and
establishment within the State of California, including Los Angeles
County
Specifically, the Defendants operate wholesale business of
vegetables and oversee and manage the produce sections of a
Japanese supermarket, called "Mitsuwa Market," located in Torrance,
California, and employ and employed several employees. Many of
their employees have and had the title of 'manager,' regardless of
their job duties. These managers consist of Plaintiff and all other
persons who have been employed by Defendant in California, and they
are and have been knowingly and erroneously classified as 'exempt
employees,' says the suit.[BN]
The Plaintiff is represented by:
Atsushi Kajioka, Esq.
LAW OFFICES OF ATSUSHI KAJIOKA
9171 Wilshire Blvd., Suite 500
Beverly Hills, CA 90210
Telephone: (310) 288-0525
Facsimile: (310) 288-0588
E-mail: Law@kajioka.net
SPONGEBATH LLC: Mejia Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Spongebath LLC. The
case is styled as Jose Mejia, individually and on behalf of all
others similarly situated v. Spongebath LLC, Case No. 1:22-cv-05296
(S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SpongeBath -- https://www.spongebath.com/ -- is a sanitizing sponge
holder that cleans your sponge between uses.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
STATE FARM MUTUAL: Ellis Files Suit in M.D. Florida
---------------------------------------------------
A class action lawsuit has been against filed State Farm Mutual
Automobile Company. The case is styled as Andrea Ellis,
individually and on behalf of all others similarly situated v.
State Farm Mutual Automobile Company, Case No.
6:22-cv-01005-RBD-DCI (M.D. Fla., June 7, 2022).
The nature of suit is stated as Insurance for Contract Dispute.
State Farm Insurance -- https://www.statefarm.com/ -- is a large
group of mutual insurance companies throughout the United States
with corporate headquarters in Bloomington, Illinois.[BN]
The Plaintiff is represented by:
Edmund A. Normand, Esq.
Jacob Lawrence Phillips, Esq.
NORMAND LAW PLLC
P.O. Box 140036
Orlando, FL 32814
Phone: (407) 603-6031
Email: ed@ednormand.com
jacob.phillips@normandpllc.com
- and -
Amy Lynn Judkins, Esq.
NORMAND PLLC
3165 McCrory Place, Suite 175
Orlando, FL 32803
Phone: (407) 603-6031
Fax: (888) 974-2175
Email: amy.judkins@normandpllc.com
STATE NATIONAL: Schneider Suit Removed to N.D. Illinois
-------------------------------------------------------
The case styled as Shawn Schneider, individually and on behalf of
similarly situated individuals v. State National Insurance Company,
Inc., Case No. 2022CH04132 was removed from the Cook County Circuit
Court Chancery Division, to the U.S. District Court for the
Northern District of Illinois on June 6, 2022.
The District Court Clerk assigned Case No. 1:22-cv-02954 to the
proceeding.
The nature of suit is stated as Insurance Contract.
State National -- https://www.statenational.com/ -- proudly
operates as an independent brand of the Markel Corporation.[BN]
The Plaintiff is represented by:
Andrew T Heldut, Esq.
MCGUIRE LAW, P.C.
55 West Wacker Drive
Chicago, IL 60601
Phone: (312) 893-7002
Email: aheldut@mcgpc.com
The Defendant is represented by:
Daniel Ray Campbell, Esq.
MCDERMOTT WILL & EMERY
444 West Lake Street, Suite 4000
Chicago, IL 60606
Phone: (312) 984-2167
Email: dcampbell@mwe.com
STUBHUB INC: Appeals Denial of Bid to Dismiss Alcaraz Case
-----------------------------------------------------------
StubHub, Inc. filed an appeal from a court ruling entered in the
lawsuit entitled JASON ALCARAZ, individually and on behalf of all
others similarly-situated, Plaintiff v. STUBHUB, INC., Defendant,
Case No. 4:20-md-02951-HSG, in the United States District Court for
the District of Northern California, Oakland.
The lawsuit is brought against the Defendant for violations of the
California Consumer Legal Remedies Act, Unfair Competition Law,
False Advertising Law, and for breach of express warranties,
negligent misrepresentation, fraud, unjust enrichment, money had
and received, and breach of contract.
The Plaintiff, individually and on behalf of all others
similarly-situated individuals who purchased event tickets from the
Defendant, alleges that the Defendant failed to provide them full
refunds for cancelled events due to COVID-19 pandemic. The
Defendant only offered them 120% credit to their accounts,
violating its own FanProtect Guarantee, which promises to provide a
refund to customers if the event was cancelled.
On January 28, 2022, the Defendant filed amended motion to dismiss
the case and amended motion to compel arbitration which the Court
denied on May 13, 2022 through an Order entered by Judge Haywood S.
Gilliam, Jr.
The Defendant is now seeking a review of Judge Gilliam's order.
The appellate case is captioned as StubHub, Inc., et al. v. Jason
Alcaraz, et al., Case No. 22-15879, in the United States Court of
Appeals for the Ninth Circuit, filed on June 13, 2022.
The briefing schedule in the Appellate Case states that:
-- Appellant StubHub, Inc. Mediation Questionnaire was due on
June 21, 2022;
-- Transcript shall be ordered by July 12, 2022;
-- Transcript is due on August 10, 2022;
-- Appellant StubHub, Inc. opening brief is due on September 19,
2022;
-- Appellees Brian Abeyta, Jason Alcaraz, Don Anderson, Anabel
Avalos, Josiah Burkhardsmeier, Fiana Burshteyn, Brendan Carroll,
Deanna Cook, Candace Reece Cooper, David Dahl, Crystal Ashley
Davis, Adjani Janvie Delgado Rivera, Nina Dobner, Hazel Dominguez,
Dennis Dwyer, Amy Ebeling, Anthony Fattori, Matthew Fogg, Ernie
Glaspey, Angelo Gobaleza, Dianna Gomez, Emma Goodacre, Yolanda
Gordils, Sheila Green, Theresa Gren, Amy Gutierrez, Anjora Hansen,
Jim Harris, Richard Huante, Scot Hudson, Bob Kenna, Brittany
Knight, Paul Koble, Michelle Kopfmann, Kenneth Kruger, Brett
Allison Kushner, Jennifer Lively, Laura Lym-Murphy, Conrad
Markwalder, Amanda Matlock, Reginald McDaniel, Brittany McKenzie,
Matthew McMillan, Julie Metz, William Mignault, Lisa Molidor, Brian
Moore, Katherine Morales, Casey Moyer, Michael Reaggs, Diane
Reynolds, Bonnie Lee Risch, Alexis Moran Sandoval, Adam Schiefer,
Jeff Thomas, Gary Ward, Derrick Weaver, Jennifer Williams,
Stephanie Wood and Benjamin Wutz answering brief is due on October
19, 2022; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Defendant-Appellant STUBHUB, INC. is represented by:
William P. Donovan, Jr., Esq.
MCDERMOTT WILL & EMERY, LLP
2049 Century Park, E Suite 3200
Los Angeles, CA 90067
Telephone: (310) 277-4110
Plaintiffs-Appellees STEPHANIE WOOD, et al., individually and on
behalf of all others similarly situated, are represented by:
Scott A. Bursor, Esq.
BURSOR & FISHER, P.A.
701 Brickell Avenue, Suite 1420
Miami, FL 10019
Telephone: (305) 330-5512
- and -
Lawrence Timothy Fisher, Esq.
Yeremey O. Krivoshey, Esq.
BURSOR & FISHER, P.A.
1990 N. California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
- and -
Henry Kelston, Esq.
Bradley Keith King, Esq.
Theodore Walter Maya, Esq.
Tina Wolfson, Esq.
AHDOOT & WOLFSON, PC
2600 W. Olive Avenue, Suite 500
Burbank, CA 91505
Telephone: (310) 474-9111
- and -
Michael L. Schrag, Esq.
GIBBS LAW GROUP, LLP
1111 Broadway, Suite 2100
Oakland, CA 94607
Telephone: (510) 350-9700
- and -
Nicholas Alexander Coulson, Esq.
LIDDLE SHEETS COULSON, PC
975 E Jefferson Avenue
Detroit, MI 48207
Telephone: (313) 392-0015
- and -
Nancy L. Hersh, Esq.
HERSH & HERSH LLP
601 Van Ness Avenue
San Francisco, CA 94102
Telephone: (415) 441-5544
- and -
Anthony J. Patek, Esq.
GUTRIDE SAFIER LLP
100 Pine Street
San Francisco, CA 94111
Telephone: (415) 505-6226
- and -
Seth Adam Safier, Esq.
GUTRIDE SAFIER LLP
835 Douglass Street
San Francisco, CA 94114
Telephone: (415) 336-6545
- and -
Louis Johnson, Jr., Esq.
LAW OFFICE OF LOUIS J. JOHNSON JR., L.L.C.
500 Paterson Plank Road
Union City, NJ 07087
Telephone: (201) 552-6858
SYNCHRONY FINANCIAL: Retail Wholesale Seeks to Certify Class
------------------------------------------------------------
In the class action lawsuit captioned as Retail Wholesale
Department Store Union Local 338 Retirement Fund v. Synchrony
Financial et al., Case No. 3:18-cv-01818-VAB (D. Conn.), the
Plaintiff asks the Court to enter an order:
1. certifying the case as a class action and appointing
the Plaintiff as Class Representative under Federal Rule
of Civil Procedure 23(a) and (b)(3); and
2. appointing Bernstein Litowitz Berger & Grossmann LLP as
Class Counsel and Motley Rice LLP as Liaison Counsel under
Rule 23(g).
Synchrony Financial is a consumer financial services company
headquartered in Stamford, Connecticut.
A copy of the Plaintiffs' motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3bDvuKH at no extra
charge.[CC]
Counsel for Lead Plaintiff Stichting Depositary APG Developed
Markets Equity Pool, Plaintiff Stichting Depositary APG Fixed
Income Credits Pool and Lead Counsel for the Class, are:
Salvatore J. Graziano, Esq.
Adam H. Wierzbowski, Esq.
Jesse L. Jensen, Esq.
Kate W. Aufses, Esq.
BERNSTEIN LITOWITZ BERGER
& GROSSMANN LLP
1251 Avenue of the Americas
New York, NY 10020
Telephone: (212) 554-1400
Facsimile: (212) 554-1444
E-mail: salvatore@blbglaw.com
adam@blbglaw.com
jesse.jensen@blbglaw.com
kate.aufses@blbglaw.com
Liaison Counsel for Lead Plaintiff Stichting Depositary APG
Developed Markets Equity Pool and Plaintiff Stichting Depositary
APG Fixed Income Credits Pool, are:
William H. Narwold, Esq.
Mathew P. Jasinski, Esq.
MOTLEY RICE LLC
20 Church Street, 17th Floor
Hartford, CT 06103
Telephone: (860) 882-1681
Facsimile: (860) 882-1682
E-mail: bnarwold@motleyrice.com
mjasinski@motleyrice.com
TAKATA CORP: Dunn Bid to Publicly File Confidential Exhibits OK'd
-----------------------------------------------------------------
In the class action lawsuit captioned as DUNN, et al., v. TAKATA
CORPORATION, et al., Case No. 1:15-md-02599-FAM (S.D. Fla.), the
Hon. Judge Federico A. Moreno entered an order granting plaintiffs'
unopposed motion to publicly file confidential exhibits to summary
judgment and class certification briefs.
This order relates to economic loss track cases in re: Takata
Airbag Product Liability Litigation.
Takata Corporation was a Japanese automotive parts company. The
company had production facilities on four continents, with its
European headquarters located in Germany.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3QV8xmw at no extra charge.[CC]
TD BANK: Faces Yatham Class Suit Over Zelle Money Transfer Service
------------------------------------------------------------------
GAUTHAM YATHAM and ROBERT WALTERS, individually, and on behalf of
all others similarly situated v. TD BANK, N.A., Case No.
1:22-cv-04161 (D.N.J., June 21, 2022) is a class action lawsuit
brought on behalf of the Plaintiffs and thousands of similarly
situated customers of TD Bank who have signed up for the Zelle
money transfer service and who have been the victim of fraud on the
Zelle service; who have incurred losses due to that fraud that have
not been reimbursed by TD Bank; and who were entitled by the
marketing representations of TD Bank regarding the Zelle service
and by the TD Bank's contract promises to a full reimbursement of
losses caused by fraud on the Zelle service.
Zelle is a person-to-person ("P2P") payment transfer service wholly
owned and operated by seven of the largest banks in the U.S.
Person-to-Person payments allow a consumer to send money to another
person without needing to write a check, swipe a physical card, or
exchange.
There are approximately 1,500 member banks and credit unions who
participate in the Zelle service. Those members engage in their own
significant marketing efforts to encourage their accountholders to
sign up for the Zelle service by marketing Zelle as a fast, safe
and secure way for consumers to send money. This is false. In fact,
there are huge, undisclosed security risks of using the service
that TD Bank omitted from its marketing push to get its
accountholders to sign up for Zelle, says the suit.
TD Bank prominently touts Zelle to its accountholders as a secure,
free and convenient was to make money transfers. However, it
misrepresents and omits a key fact about the service that is
unknown to accountholders: that there is virtually no recourse for
consumers to recoup losses due to fraud. Indeed, unlike virtually
every other payment method commonly used by American consumers --
debit cards, credit cards, and checks -- there is a no protection
for accountholders who are victims of fraud, and virtually no
recourse for accountholders attempting to recoup losses due to
fraud. The unique, misrepresented, and undisclosed architecture of
the Zelle payment system means -- again, unlike other payment
options commonly used by American consumers -- that virtually any
money transferred for any reason via Zelle is gone forever, without
recourse, reimbursement or protection. Worse, TD Bank misrepresents
and omits the truth about a secret policy it has adopted: it does
not and will not reimburse its accountholders for losses via Zelle
due to fraud, even where those losses are timely reported by
accountholders, the suit further asserts.
As a result, users like the Plaintiffs sign up for and use the
Zelle service without the benefit of accurate information regarding
that service, and later end up with huge, unreimbursed losses due
to fraud. Such users never would have signed up for Zelle in the
first place if they had known the extreme risks of signing up for
and using the service.[BN]
The Plaintiff is represented by:
Rachel Edelsberg, Esq.
DAPEER LAW, P.A.
3331 Sunset Avenue
Ocean, NJ 07712
Telephone: (305) 610-5223
E-mail: rachel@dapeer.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, PA
20900 NE 30th Ave, Suite 417
Aventura, FL 33180
Telephone: (305) 975-3320
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
- and -
Andrew J. Shamis, Esq,
SHAMIS & GENTILE, P.A.
14 NE First Avenue, Suite 705
Miami, Florida 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
THEDROP.COM LLC: Mejia Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against TheDrop.com LLC. The
case is styled as Jose Mejia, individually and on behalf of all
others similarly situated v. TheDrop.com LLC, Case No.
1:22-cv-05308 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
TheDrop.com -- https://thedrop.com/ -- has 650+ brands drop'n heat
daily with exclusive Streetwear fashion, Sneakers, & Skateboard
drops.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
THOMAS COLVILLE: Website Not Accessible to Blind, Calcano Alleges
-----------------------------------------------------------------
MARCOS CALCANO, ON BEHALF OF HIMSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED v. THOMAS COLVILLE FINE ART, INC., Case No.
1:22-cv-05171-JPO (S.D.N.Y., June 20, 2022) alleges that the
Defendant failed to design, construct, maintain, and operate its
website to be fully accessible to and independently usable by the
Plaintiff and other blind or visually-impaired people.
The Defendant's denial of full and equal access to its website, and
therefore denial of its products and services offered thereby, is a
violation of Plaintiff's rights under the Americans with
Disabilities Act.
The Plaintiff is a visually-impaired and legally blind person who
requires screen-reading software to read website content using his
computer. The Plaintiff uses the terms "blind" or
"visually-impaired" to refer to all people with visual impairments
who meet the legal definition of blindness in that they have a
visual acuity with correction of less than or equal to 20 x 200.
Some blind people who meet their definition have limited vision.
Others have no vision.
Based on a 2010 U.S. Census Bureau report, approximately 8.1
million people in the United States are visually-impaired,
including 2.0 million who are blind, and according to the American
Foundation for the Blind's 2015 report, approximately 400,000
visually-impaired persons live in the State of New York.
Because the Defendant's interactive website,
https://www.thomascolville.com/, (the "Website" or "Defendant's
website"), is not equally accessible to blind and visually-impaired
consumers, it violates the ADA. The Plaintiff seeks a permanent
injunction to cause a change in Defendant's corporate policies,
practices, and procedures so that Defendant's website will become
and remain accessible to blind and visually-impaired consumers,
says the suit.
The Defendant offers the commercial interactive website,
https://www.thomascolville.com/, to the public. The Website offers
features which should allow all consumers to access the goods and
services offered by the Defendant and which Defendant ensures
delivery of such goods throughout the United States including New
York State. The goods and services offered by Defendant include,
but are not limited to, the following, which allow consumers to:
purchase art pieces and other products available on their Website
and at their art gallery, and to ascertain information relating to
location and hours of their exhibits and pricing, featured artwork
and artists, and privacy policies.[BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@gottlieb.legal
Michael@gottlieb.legal
Jeffrey@gottlieb.legal
TRACTOR SUPPLY: Faces Day Suit Over Failure to Timely Pay Wages
---------------------------------------------------------------
REBECCA DAY, individually and on behalf of all others similarly
situated, Plaintiff v. TRACTOR SUPPLY COMPANY, Defendant, Case No.
1:22-cv-00489 (W.D.N.Y., June 24, 2022) is a class action complaint
brought against the Defendant for its alleged willful violations of
the New York Labor Law.
The Plaintiff has worked for the Defendant as a manual laborer from
approximately 2015 to 2017.
The Plaintiff claims that throughout the entirety of her employment
with the Defendant, the Defendant paid her and other similarly
situated manual workers every other week, instead of paying them on
a weekly basis in accordance with the law. As a result, the
Plaintiff and other similarly situated manual workers were injured
in that they were temporarily deprived of money owed to them, and
that they could not invest, earn interest on, or otherwise use
these monies that they have lawfully earned, says the Plaintiff.
Thus, on behalf of herself and all other similarly situated manual
workers, the Plaintiff seeks judgment against the Defendant for
liquidated damages, prejudgment interest, attorneys' fees,
expenses, and litigation costs.
Tractor Supply Company is an American retail chain of stores that
sells products for home improvement, agriculture, lawn and garden
maintenance, livestock, equine and pet care for recreational
farmers and ranchers, pet owners, and landowners. [BN]
The Plaintiff is represented by:
Andrew M. Debbins, Esq.
CONNORS LLP
1000 Liberty Building
Buffalo, NY 14202
Tel: (716) 852-5533
E-mail: amd@connorsllp.com
- and –
Yitzchak Kopel, Esq.
Alec M. Leslie, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Tel: (646) 837-7150
Fax: (212) 989-9163
E-mail: ykopel@bursor.com
aleslie@bursor.com
TRINITY TEEN: Sherman, et al., Seek More Time to File Class Cert
----------------------------------------------------------------
In the class action lawsuit captioned as CARLIE SHERMAN, ANNA
GOZUN, and AMANDA NASH, on behalf of themselves and all similarly
situated persons, v. TRINITY TEEN SOLUTIONS, INC., a Wyoming
corporation; ANGELA C. WOODWARD; JERRY D. WOODWARD; and DALLY-UP,
LLC, a Wyoming limited liability corporation, Case No.
2:20-cv-00215-SWS (D. Wyo.), the Plaintiffs submit their motion for
extension of time to move for class certification.
In this putative class action case, the Plaintiffs, all human
trafficking victims of the "troubled teen industry," have brought
suit on behalf of themselves and all similarly situated persons
against Defendants Trinity Teen Solutions, Inc., Angela C.
Woodward, Jerry D. Woodward, and Dally-Up, LLC.
The Defendants engaged in a recruitment scheme whereby they induced
parents of troubled minors to pay substantial sums of money under
the guise that their children would receive cutting edge
residential treatment, therapy, and continuing education. In fact,
the Defendants used these children as forced labor for their own
benefit and, to do so, employed threats of physical punishment,
humiliation, degradation, starvation, and isolation to ensure
compliance with lengthy days of back-breaking labor.
After significant motion practice, this Court entered its Initial
Pretrial Order on January 13, 2022. In its Initial Pretrial Order,
the Court provided, among other things, the following schedule in
connection with Class Certification:
Filing Deadline: July 1, 2022
Response Deadline: July 22, 2022
Hearing: August 23, 2022, at 1:00 p.m.
The Plaintiffs have diligently sought to comply with these
deadlines. The Plaintiffs have reviewed voluminous documents
produced by Defendants in preparation for seeking class
certification and in preparation for deposition. During this time,
Plaintiffs negotiated a Protective Order with Defendants and, since
its entry, both parties have begun taking
depositions.
The Plaintiffs have also engaged in significant, informal
settlement discussions with Defendants and are actively seeking to
reach a resolution of this action in good faith.
Over the course of these discussions, the Defendants initially
verbally agreed to an extension of the class certification
deadlines, which the parties, at least at that time, all believed
would promote settlement of this case and save financial resources
that can be used for resolution.
The Plaintiffs began taking depositions in June 2022. In deposition
and in an informal discovery conference call with this Court,
Plaintiffs explored the scope of Defendants' document production to
date and discovered that Defendants arbitrarily and improperly
limited the scope of their production to documents and evidence
related to the three named Plaintiffs, Carlie Sherman, Anna Gozun,
and Amanda Nash, and did not produce any materials related to any
of the putative class members in this case.
A copy of the Plaintiffs' motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3OPwU3f at no extra
charge.[CC]
The Plaintiffs are represented by:
Michael Rosenthal, Esq.
Nathan Nicholas, Esq.
HATHAWAY & KUNZ, LLP
P.O. Box 1208
Cheyenne, WY 82003-1208
Telephone: (307) 634-7723
Facsimile: (307) 634-0985
E-mail: mike@hkwyolaw.com
nnicholas@hkwyolaw.com
- and -
Brice M. Timmons, Esq.
Bryce Ashby, Esq.
Craig Edgington, Esq.
DONATI LAW, PLLC
1545 Union Ave.
Memphis, TN 38104
Telephone: (901) 209-5500
Facsimile: (901) 278-3111
E-mail: brice@donatilaw.com
bryce@donatilaw.com
craig@donatilaw.com
- and -
Frank L. Watson, III, Esq.
William E. Routt, III, Esq.
WATSON BURNS, PLLC
253 Adams Avenue
Memphis, TN 38104
Telephone: (901) 529-7996
Facsimile: (901) 529-7998
E-mail: fwatson@watsonburns.com
wroutt@watsonburns.com
UPRISING FOOD: Mejia Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Uprising Food, Inc.
The case is styled as Jose Mejia, individually and on behalf of all
others similarly situated v. Uprising Food, Inc., Case No.
1:22-cv-05307 (S.D.N.Y., June 23, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Uprising Food, Inc. -- https://www.uprisingfood.com/ -- are
superfood keto chips and keto bread with 2 net carbs.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
MIZRAHI & KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 11201
Phone: (212) 595-6200
Email: ekroub@mizrahikroub.com
USAA CASUALTY: Marrs Suit Removed to D. New Mexico
--------------------------------------------------
The case styled as Cindy Marrs, Lindsey Darnell, Robert Darnell,
individually and on behalf of other similarly situated individuals
v. USAA Casualty Insurance Company, Case No. 20cv3572 was removed
from the Second Judicial District Court, to the U.S. District Court
for the District of New Mexico on June 1, 2022.
The District Court Clerk assigned Case No. 1:22-cv-00417-SCY-JHR to
the proceeding.
The nature of suit is stated as Insurance for Breach of Contract.
USAA -- https://www.usaa.com/ -- is a highly respected insurer,
with employees around the world.[BN]
The Plaintiffs are represented by:
Corbin Hildebrandt, Esq.
CORBIN HILDEBRANDT, P.C.
1400 Central Ave. S.E.
Albuquerque, NM 87106
Phone: (505) 998-6626
Fax: (505) 998-6628
Email: corbin@hildebrandtlawnm.com
- and -
Geoffrey R Romero, Esq.
LAW OFFICES OF GEOFFREY R. ROMERO
4801 All Saints Road, NW
Albuquerque, NM 87120
Phone: (505) 247-3338
Fax: (505) 271-1539
Email: geoff@geoffromerolaw.com
- and -
Kedar Bhasker, Esq.
LAW OFFICE OF KEDAR BHASKER, LLC
1400 Central Avenue SE, Suite 2000
Albuquerque, NM 87106
Phone: (505) 720-2113
Fax: (505) 998-6628
Email: kedar@bhaskerlaw.com
The Defendant is represented by:
Michael Mumford, Esq.
BAKER HOSTETLER LLP
Key Tower
127 Public Square, Suite 2000
Cleveland, OH 44114-1214
Phone: (216) 861-7578
Fax: (216) 696-0740
Email: mmumford@bakerlaw.com
- and -
Meena H Allen, Esq.
ALLEN LAW FIRM, LLC
6121 Indian School Rd. NE, Suite 230
Albuquerque, NM 87110
Phone: (505) 298-9400
Email: mallen@mallen-law.com
VERITIV OPERATING: Dombroski-Paiva Sues Over Unpaid Reimbursement
-----------------------------------------------------------------
Dana Dombroski-Paiva on behalf of herself and all others similarly
situated v. VERITIV OPERATING COMPANY, a Delaware corporation, and
DOES 1 through 50, inclusive, Case No. 22CV006093 (Cal. Super. Ct.,
Santa Clara Cty., June 1, 2022), is brought seeking for employee
expenses, interest, penalties and other equitable relief, and
reasonable attorneys' fees and costs.
The Defendants have failed to reimburse Class Members for business
expenses incurred in the performance of their job duties. The
Defendants have also failed to maintain accurate itemized records
reflecting total hours worked and have failed to provide Employees
with accurate, itemized wage statements reflecting total
appropriate deductions and reimbursements for that pay period, says
the complaint.
The Plaintiff was employed by the Defendants from September 2, 2019
through January 28, 2021 as an exempt position as a Facilities
Solutions Sales Professional.
VERITIV is a Delaware corporation which is headquartered in
Atlanta, Georgia.[BN]
The Plaintiff is represented by:
James R. Hawkins, Esq.
Isandra Fernandez, Esq.
Kacey E. Cook, Esq.
JAMES HAWKINS APLC
9880 Research Drive, Suite 200
Irvine, CA 92618
Phone: (949) 387-7200
Fax: (949) 387-6676
VIVINT INC: Cunningham, et al., Lose Bid for Class Certification
----------------------------------------------------------------
In the class action lawsuit captioned as CRAIG CUNNINGHAM, ROBERT
HOSSFELD and ANDREW PERRONG, on behalf of themselves and others
similarly situated, v. VIVINT, INC., and DSI DISTRIBUTING, INC.
d.b.a DSI SYSTEMS, Case No. 2:19-cv-00568-DBB-CMR (D. Utah), the
Hon. Judge David Barlow entered an order:
1. granting the DSI's motion for Order denying class
certification to Plaintiffs;
2. granting Defendant Vivint, Inc.'s motion to Deny Class
Certification as to Plaintiffs Cunningham and Perrong; and
3. denying Plaintiffs' motion for class certification.
The Court said, "The Plaintiffs have not met their burden to show
that they and their counsel are adequate for the proposed classes
in this case. Because Plaintiffs are serial and essentially
professional litigants, there may be conflicts with putative class
members. And while Plaintiffs and their counsel no doubt are
experienced, there is considerable record evidence in this case
that they have not prosecuted this action vigorously on behalf of
the classes they seek to create. The Plaintiffs seek to represent
three nationwide classes spanning multiple years and involving many
tens of thousands of absent class members. Plaintiffs did not
comply with the District of Utah's local rules on the timing for
filing a class certification motion. They also did not file their
motion "as soon as practicable." When Defendants then moved for
denial of class certification, the Plaintiffs filed only
dismissive, cookie-cutter oppositions to the substantial issues and
challenges posed to their desired classes. Finally, when Plaintiffs
filed their own motion for class certification, it was a summary
effort that failed to meaningfully address many of the salient
issues. While adequacy does not require excellence, the court
cannot find the leisurely and limited efforts in this case to be
the "vigorous" representation required to certify multiple classes
of the size and scope sought, particularly for a class that will
not permit opt outs."
At issue are alleged violations of the Telephone Consumer
Protection Act (TCPA) involving calls and text messages to
Plaintiffs. The Plaintiff Perrong's number is on the Do Not Call
Registry. Perrong alleges that he received two automated
telemarketing calls promoting Vivint products on April 4 and June
5, 2019.
Perrong ignored the first call but answered the second. The
representative said he was calling from Vivint. 9 Perrong confirmed
an appointment with Vivint, and gave his credit card number in
order to confirm Vivint's involvement. On June 5,
2019, Perrong informed compliance counsel for Vivint that he was
illegally called and did not want to receive any more calls. Yet
Perrong received additional text messages on June 12 and 13, 2019.
Perrong was sent another text message on September 25, 2019 after
filing this lawsuit. Perrong admits that DSI did not text him.
Vivint is a public smart home company in the United States and
Canada. It was founded by Keith Nellesen and Todd Pedersen in
1999.
A copy of the Court's order dated June 24, 2022 is available from
PacerMonitor.com at https://bit.ly/3a02sET at no extra charge.[CC]
W.G./WELCH MECHANICAL: Aluira Suit Moved From E.D. Va. to D. Md.
----------------------------------------------------------------
The case styled JOSE L. ALUIRA, RICARDO CALDERON, MANUEL CARLLO,
WILLIAM CHAVEZ, LESLY CRUZ, GILBERTO DIAZ, MANUEL DEJESUS ESCALANTE
GONZALEZ, ABRIEL HERNANDEZ, JOSE HERNANDEZ, DENIS LARIOS, OSMAN
LOPES, DANNY ALEXANDER MARADIAGA HERNANDEZ, ADOLFO MALDONADO,
CARLOS MARTINEZ, EVER MAYORGA, EDWIN MAYORGA, ELIAZAR MEDRANO,
ESWIN ORANTES, ARNALDO RAMOS, SILVIA RIOS, MELQUIN VALDEZ, HUGO A.
VARGAS MONTOYA, individually and on behalf of all others similarly
situated v. W.G./WELCH MECHANICAL CONTRACTORS, L.L.C., Case No.
1:22-cv-00274, was transferred from the U.S. District Court for the
Eastern District of Virginia to the U.S. District Court for the
District of Maryland on June 21, 2022.
The Clerk of Court for the District of Maryland assigned Case No.
1:22-cv-01510-SAG to the proceeding.
The case arises from the Defendant's alleged violations of the Fair
Labor Standards Act of 1938 and the District of Columbia's Minimum
Wage Revision Act including failure to pay overtime wages and
failure to pay minimum wages.
W.G./Welch Mechanical Contractors, LLC is a mechanical contractor
based in Frederick, Maryland. [BN]
The Plaintiffs are represented by:
Thomas F. Hennessy, Esq.
THE HENNESSY LAW FIRM, PLLC
4015 Chain Bridge Road, Suite G
Fairfax, VA 22030
Telephone: (703) 865-8836
Facsimile: (703) 865-7633
E-mail: thennessy@virginiawage.net
WALMART INC: Herbs and Spices Contain Heavy Metals, Gagetta Says
----------------------------------------------------------------
SUSAN GAGETTA; and TRACIE GOMEZ, individually and on behalf of all
others similarly situated, Plaintiffs v. WALMART INC., Defendant,
Case 3:22-cv-03757-SK (N.D. Cal., June 24, 2022) seeks to recover
damages and injunctive relief for the Defendant's continuing
failure to disclose to consumers that certain herbs and spices sold
under the brand name "Great Value," including Great Value's Basil
Leave, Chili Powder, Ground Cumin, Organic Ground Ginger, and
Organic Paprika (the "Products"), contain, or risk containing,
lead, arsenic, and cadmium ("Heavy Metals").
According to the Plaintiff in the complaint, consumers who purchase
the Products are injured by Defendant's acts and omissions
concerning the presence (or risk) of Heavy Metals. No reasonable
consumer would know, or have reason to know, that the Products
contain, or risk containing, Heavy Metals. Worse, as companies
across the industry have adopted methods to limit heavy metals in
their herbs and spices, Defendant has stood idly by with a reckless
disregard for its consumers' health and well-being, says the suit.
The Plaintiff purchased several of Defendant's Products, including
Great Value's Chili Powder and Organic Paprika, as recently as May
2022 from Instacart and a Walmart located in Antioch, California.
The Plaintiff believed she was purchasing quality and healthy
spices that did not contain, or have a risk of containing, Heavy
Metals. Had the Defendant disclosed on the label that the Products
contained, or risked containing, unsafe toxic Heavy Metals, the
Plaintiff would have been aware of that fact and would not have
purchased the Products or would have paid less for them, the suit
added.
WALMART INC. operates discount stores, supercenters, and
neighborhood markets. The Company offers merchandise such as
apparel, house wares, small appliances, electronics, musical
instruments, books, home improvement, shoes, jewelry, toddler,
games, household essentials, pets, pharmaceutical products, party
supplies, and automotive tools. [BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Sean L. Litteral, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
Email: ltfisher@bursor.com
slitteral@bursor.com
WELLS FARGO: Seeks to Decertify Certified Collective Class
----------------------------------------------------------
In the class action lawsuit captioned as MARCUS D'ADDIO and MICHAEL
SILVESTRO, v. WELLS FARGO CLEARING SERVICES, LLC (formerly known as
WELLS FARGO ADVISORS LLC), d/b/a WELLS FARGO ADVISORS, Case No.
4:21-cv-00054-SEP (E.D. Mo.) Wells Fargo asks the Court for an
Order decertifying the conditionally certified collective class and
dismissing all claims of the Opt-In Plaintiffs without prejudice.
Pursuant to the parties' stipulation, the Court has conditionally
certified a collective consisting of Wells Fargo Client Associates
and Operations Liaisons who worked at Wells Fargo Advisors branches
in Florida, Missouri, New York and Pennsylvania at any point three
years prior to the mailing of the collective action notice, with
the exception of most individuals subject to arbitration agreements
with collective action waivers (i.e., agreements other than FINRA
arbitration agreements).
The Plaintiffs allege that Wells Fargo had a policy and practice of
requiring them and other Client Associates to work off-the-clock
overtime for which they were not paid.
The conditionally certified collective should be decertified for
the reasons set forth in the materials supporting this motion. The
Plaintiffs cannot meet their burden to establish that their claims
and the claims of the Opt-In Plaintiffs are similarly situated
because: (1) Plaintiffs' allegations are inherently individualized
and do not establish the existence of any uniform policy that would
make appropriate resolution on a collective basis; (2) Wells Fargo
has multiple individualized defenses applicable to various Opt-In
Plaintiffs that it must be permitted to assert and that preclude
collective treatment; and (3) the pertinent fairness and procedural
considerations counsel in favor of decertification.
A copy of the Defendant's motion dated June 24, 2022 is available
from PacerMonitor.com at https://bit.ly/3ubDbOQ at no extra
charge.[CC]
The Defendant is represented by:
David W. Moreshead, Esq.
Malcolm A. Heinicke, Esq.
Margaret G. Maraschino, Esq.
Virginia Grace Davis, Esq.
MUNGER, TOLLES & OLSON LLP
560 Mission Street, 27th Floor
San Francisco, CA 94105
Telephone: (415) 512-4000
Facsimile: (415) 512-4077
E-mail: malcolm.heinicke@mto.com
margaret.maraschino@mto.com
david.moreshead@mto.com
grace.davisfisher@mto.com
- and -
Charles Jellinek, Esq.
Amanda Colvin, Esq.
BRYAN CAVE LEIGHTON PAISNER LLP
One Metropolitan Square
211 North Broadway, Suite 3600
St. Louis, MO 63102
Telephone: (314) 259-2000
Facsimile: (314) 259-2020
E-mail: cbjellinek@bclplaw.com
amanda.colvin@bclplaw.com
WESTERN DIGITAL: Website Not Accessible to Blind People, Feliz Says
-------------------------------------------------------------------
ROBERTA FELIZ, Individually, and On Behalf of All Others Similarly
Situated v. WESTERN DIGITAL TECHNOLOGIES, INC., Case No.
1:22-cv-05216-RA (S.D.N.Y., June 21, 2022) is a nationwide class
action pursuant to Rules 23(a) and (b)(2) of the Federal Rules of
Civil Procedure, both individually and on behalf of the Class
currently defined as:
"all visually-impaired or legally blind individuals in the
United States who have attempted to access the Defendant's
website and have been denied access to the equal enjoyment of
goods and/or services offered on the website during the Class
Period."
The Plaintiff seeks certification of a sub-class of all
visually-impaired and/or legally blind individuals in the City of
New York who have attempted to access Defendant's website and have
been denied access to the equal enjoyment of goods and services
offered on the website during the Class Period (the "NYC
Sub-Class").
Excluded from the Class are Defendant, any entity in which
Defendant has a controlling interest, and the officers, directors,
affiliates, legal representatives, heirs, successors, subsidiaries,
and/or assigns of any such individual or entity.
The Plaintiff is a visually-impaired and legally blind person 1 who
brings this civil rights class action against defendant Western
Digital Technologies, Inc., for its failure to design, construct,
maintain, and operate its website to be fully accessible to -- and
independently usable by -- the Plaintiff and other blind or
visually-impaired people who use screen-reading software.
The Plaintiff asserts this action individually and on behalf of all
other visually-impaired and/or legally blind individuals in the
United States who have attempted to access Defendant's website and
have been denied access to the equal enjoyment of goods and/or
services offered on the website during the past three years from
the date of the filing of the complaint (the "Class" and "Class
Period").
The Defendant and its website violate Title III of the Americans
with Disabilities Act of 1990 ("ADA"), and the New York City Human
Rights Law ("NYCHRL") as the website is not equally accessible to
blind and visually-impaired consumers, says the suit.
The Plaintiff and the Class bring this action against Defendant
seeking, inter alia, a preliminary and permanent injunction, other
declaratory relief, statutory damages, actual and punitive damages,
pre-judgment and post-judgment interest, and reasonable attorneys'
fees and expenses.
Blind and visually-impaired users of Microsoft Windows operating
system-enabled computers and devices have several screen-reading
software programs available to them. Some of these programs are
available for purchase and other machines have built-in integrated
software. NonVisual Desktop Access, otherwise known as "NVDA" is
currently one of the most popular screen-reading software programs
available for PCs.[BN]
The Plaintiff is represented by:
Edward Y. Kroub, Esq.
Jarrett S. Charo, Esq.
William J. Downes, Esq.
MIZRAHI KROUB LLP
200 Vesey Street, 24th Floor
New York, NY 10281
Telephone: (212) 595-6200
Facsimile: (212) 595-9700
E-mail: ekroub@mizrahikroub.com
jcharo@mizrahikroub.com
wdownes@mizrahikroub.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 ***