/raid1/www/Hosts/bankrupt/CAR_Public/220811.mbx
C L A S S A C T I O N R E P O R T E R
Thursday, August 11, 2022, Vol. 24, No. 154
Headlines
3M COMPANY: AFFF Products Can Cause Cancer, Iradi Suit Alleges
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Bates Says
3M COMPANY: AFFF Products Harmful to Human Health, Flores Claims
3M COMPANY: Arntz Suit Alleges Complications From AFFF Products
3M COMPANY: Bethea Sues Over PFAS Exposure From AFFF Products
3M COMPANY: Exposed AFFF Products' Users to PFAS, Quinby Alleges
3M COMPANY: Faces Barrios Suit Over AFFF Products' PFAS Content
3M COMPANY: Faces Nostrant Suit Over AFFF Products' Harmful Effects
3M COMPANY: Faces Wentland Suit Over AFFF Products' Design Defect
3M COMPANY: Fancy Sues Over Injury Sustained From AFFF Products
3M COMPANY: Miller Sues Over Side Effects of Using AFFF Products
3M COMPANY: Villete Suit Claims Toxic Exposure From AFFF Products
A.G. CONSULTING: Kovalev Sues Over Unpaid Overtime, Retaliation
ADISER ORLANDO: Lugo Sues for Wrongful Termination, Retaliation
AEP TRANSMISSION: Class Suit Over Retirement Plan Dismissed
AIRBUS SE: $5MM Class Settlement to be Heard on Sept. 30
ALBERTSONS COMPANIES: Court OKs Settlement in Martin Suit
ALBERTSONS COMPANIES: Stewart Suit in Oregon Pending
AMAZON.COM SERVICES: Chambers Sues Over Deceptive Product Warranty
AMERIMARK DIRECT: Faces Smith Suit Over Unsolicited Sales Calls
ARC AUTOMOTIVE: Jophlin Files Suit in D. South Carolina
ARMOUR RESIDENTIAL: Bid to Dismiss Securities Suit Deferred
BANK OZK: $45MM Class Settlement to be Heard on September 19
BOFI HOLDING: $14.1MM Class Settlement to be Heard on Oct. 7
BOULDER COMMUNITY: Fuentez Files Suit Over Unlawful Labor Practices
CARACO PHARMACEUTICAL: Class Settlement to be Heard on Dec. 13
CARDINAL HEALTH: $124MM Class Settlement to be Heard on Oct. 4
CHURCHILL DOWNS: Court Approves Settlement in Soileau Suit
CISCO SYSTEMS: Mismanages Retirement Plan, Bracalente Alleges
CITIBANK NA: $155.46MM Class Settlement to be Heard on Nov. 29
CITIGROUP INC: Gomes Alleges Illegal Debt Collection Practices
COINBASE GLOBAL: Tarvirdi Sues Over Cryptocurrency Security
CONTROL GROUP MEDIA: Ramirez Files Suit in S.D. California
COOKS JUNCTION: Dicks Files ADA Suit in S.D. New York
COSTCO WHOLESALE: Tuna Products Deceptively Labeled, Wright Alleges
CPI AEROSTRUCTURES: $3.6MM Settlement to be Heard on Sept. 9
CROSS COUNTRY: Fails to Pay Proper Wages, Baxter Suit Alleges
DAIRY FARMERS: Faces S.R.J.F. Suit Over Raw Milk Market Monopoly
DILLON LOGISTICS: Siegesmund Suit Moved From M.D. Fla. to D. Del.
DUQUESNE UNIVERSITY: Delacruz Files ADA Suit in S.D. New York
EASY GAS: Mavruk Sues Over Gas Station Attendants' Unpaid Wages
EIGHT ELEVEN: Fails to Pay Proper Wages, Denham Suit Alleges
ELEVATE CARE: Baker BIPA Class Suit Removed to N.D. Illinois
ENBRIDGE US: Misclassifies Inspectors, Whitaker Suit Alleges
EVLUTION NUTRITION: Weinholtz Sues Over Energy Powders' False Ad
FINANCE SYSTEM: Hartung Files FDCPA Suit in S.D. California
FUNKO INC: $7MM Class Settlement to be Heard on Nov. 7
GAME TIME: Helems Files Suit in S.D. California
GENERAL ELECTRIC: Aug. 15 Class Action Opt-Out Deadline Set
GUESS? RETAIL: Untimely Pays Manual Workers, Shihadeh Suit Says
HARMAN INT'L: $28MM Class Settlement to be Heard on Nov. 10
HIGH POINT UNIVERSITY: Delacruz Files ADA Suit in S.D. New York
HONEY BADGER: Helems Files Suit in S.D. California
IL COMMENDATORE: Fails to Pay Proper Wages, Hernandez Suit Says
INKBOX INK: Has Made Unsolicited Calls, Dortonk Suit Claims
IONIS PHARMACEUTICALS: $12.5MM Settlement to be Heard on Oct. 11
KOTO INC: Dicks Files ADA Suit in S.D. New York
KRAKEN DICE INC: Dicks Files ADA Suit in S.D. New York
LINKEDIN CORP: Easterbrook Balks at Deceptive Renewal Subscriptions
MARS INC: Candies Contain Titanium Dioxide, Thames Suit Says
MAT KING: Lindke Files Suit in E.D. Michigan
MDL 2913: Altria Appeals Class Cert. Ruling in Juul Liability Suit
MICHAEL R BLOOMBERG: Roberts Files Suit in N.Y. Sup. Ct.
MINDBODY INC: $9.75MM Class Settlement to be Heard on Oct. 27
NEIMAN MARCUS GROUP: Velazquez Files ADA Suit in S.D. New York
NIELSEN HOLDINGS: Court OKs Settlement in Shareholder Suit
NISSAN MOTOR: $36MM Class Settlement to be Heard on Sept. 19
NORMA KAMALI: Velazquez Files ADA Suit in S.D. New York
OASIS DAY SPA: Hanyzkiewicz Files ADA Suit in E.D. New York
OBALTAN INC: Hanyzkiewicz Files ADA Suit in E.D. New York
OK FINE FURNITURE: Dicks Files ADA Suit in S.D. New York
ONE PATRIOT: Grant Files Suit Over Restaurant Servers' Unpaid Wages
PASSON & PASSON: King Sues Over Restaurant Staff's Unpaid Wages
PIVOTAL SOFTWARE: $42.5MM Class Settlement to be Heard on Oct. 4
PRACTICEMAX INCORPORATED: Hogsed Files Suit in D. Arizona
PRICEWATERHOUSECOOPERS: $14.9M Settlement to be Heard on Sept. 13
PROTOFAST HOLDING: Fails to Pay Proper Wages, Clavel Suit Alleges
SAKS OFF 5TH: Velazquez Files ADA Suit in S.D. New York
SANDRIDGE MISSISSIPPIAN: Class Settlement to be Heard on Sept. 22
SOCLEAN INC: Renn Suit Transferred to W.D. Pennsylvania
SOCLEAN INC: Schaefer Class Suit Moved From N.D. Ohio to W.D. Pa.
SOCLEAN INC: Vernon Suit Transferred to W.D. Pennsylvania
SPERO THERAPEUTICS: Memon Files Suit Over Share Price Drop
SPORT CLIPS: Hwang Files ADA Suit in S.D. New York
STELVIO TRANSPORT: Ortega Wage-and-Hour Suit Goes to C.D. Cal.
SUNDIAL GROWERS: $7MM Class Settlement to be Heard on Oct. 12
TARGET CORPORATION: Solak Files Suit in N.D. New York
TD BANK: Improperly Assesses Double OON Fees, Polvay Suit Alleges
THANK YOU: Appeals Attorney Fees' Ruling in Catzin Suit
TRUSTEES OF BOSTON COLLEGE: Delacruz Files ADA Suit in S.D.N.Y.
UBER TECHNOLOGIES: Gill Antitrust Suit Removed to N.D. California
US PERSONNEL MGMT: $63MM OPM Settlement to be Heard on Oct. 14
USHEALTH ADVISORS: Tiefenthaler Sues Over Telemarketing Calls
VENTURA COUNTY, CA: Sanders Appeals Summary Judgment in FLSA Suit
WAL-MART STORES: Barringer Labor Suit Goes to C.D. California
WASTE CONNECTIONS: Diaz Labor Code Suit Removed to E.D. California
WOODSPUR FARMING: Dicks Files ADA Suit in S.D. New York
*********
3M COMPANY: AFFF Products Can Cause Cancer, Iradi Suit Alleges
--------------------------------------------------------------
RALPH IRADI and CECELIA IRADI, his wife, individually and on behalf
of all others similarly situated, Plaintiffs v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and ABC CORPORATIONS (1-50), Defendants, Case
No. 2:22-cv-02452-RMG (D.S.C., July 28, 2022) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, wantonness, and per quod claim.
The case arises from severe personal injuries sustained by
Plaintiff Ralph Iradi as a result of his exposure to the
Defendants' aqueous film forming foam (AFFF) products containing
synthetic, toxic per- and polyfluoroalkyl substances collectively
known as PFAS. The Defendants failed to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including Mr. Iradi, who they
knew would foreseeably come into contact with their AFFF products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, Mr. Iradi was exposed to
toxic chemicals and was diagnosed with esophageal cancer and/or
other medical conditions, says the suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: AFFF Products Exposed Firefighters to PFAS, Bates Says
------------------------------------------------------------------
WILLIAM BATES, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02438-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: AFFF Products Harmful to Human Health, Flores Claims
----------------------------------------------------------------
ANDREA FLORES, as Personal Representative/Administrator/Executor of
the Estate of JORGEN GULLIKSEN, deceased, individually and on
behalf of all others similarly situated, Plaintiff v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); and ABC CORPORATIONS (1-50),
Defendants, Case No. 2:22-cv-02447-RMG (D.S.C., July 28, 2022) is a
class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and survival and wrongful death acts.
The case arises from personal injury and death of Jorgen Gulliksen,
Decedent, as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Decedent, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Decedent was exposed to
toxic chemicals and was diagnosed with leukemia, colon cancer
and/or other medical conditions. The Decedent's diagnosis caused
and/or contributed to his death, the suit alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Arntz Suit Alleges Complications From AFFF Products
---------------------------------------------------------------
JEFFREY ARNTZ, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02448-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with thyroid cancer, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Bethea Sues Over PFAS Exposure From AFFF Products
-------------------------------------------------------------
MACK BETHEA, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02450-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Exposed AFFF Products' Users to PFAS, Quinby Alleges
----------------------------------------------------------------
JAMES QUINBY, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02454-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Faces Barrios Suit Over AFFF Products' PFAS Content
---------------------------------------------------------------
BENJAMIN BARRIOS and RITA FERRIOLS, his wife, individually and on
behalf of all others similarly situated, Plaintiffs v. 3M COMPANY
(f/k/a Minnesota Mining and Manufacturing Company); ACG CHEMICALS
AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA,
INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION;
CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.;
CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA,
INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a
DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND
COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); and ABC CORPORATIONS (1-50),
Defendants, Case No. 2:22-cv-02449-RMG (D.S.C., July 28, 2022) is a
class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and per quod claim.
The case arises from severe personal injuries sustained by
Plaintiff Benjamin Barrios as a result of his exposure to the
Defendants' aqueous film forming foam (AFFF) products containing
synthetic, toxic per- and polyfluoroalkyl substances collectively
known as PFAS. The Defendants failed to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including Mr. Barrios, who they
knew would foreseeably come into contact with their AFFF products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, Mr. Barrios was exposed to
toxic chemicals and was diagnosed with prostate cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Faces Nostrant Suit Over AFFF Products' Harmful Effects
-------------------------------------------------------------------
LAWRENCE NOSTRANT and VICKIE NOSTRANT, his wife, individually and
on behalf of all others similarly situated, Plaintiffs v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.;
ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); and ABC CORPORATIONS (1-50),
Defendants, Case No. 2:22-cv-02453-RMG (D.S.C., July 28, 2022) is a
class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and per quod claim.
The case arises from severe personal injuries sustained by
Plaintiff Lawrence Nostrant as a result of his exposure to the
Defendants' aqueous film forming foam (AFFF) products containing
synthetic, toxic per- and polyfluoroalkyl substances collectively
known as PFAS. The Defendants failed to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including Mr. Nostrant, who
they knew would foreseeably come into contact with their AFFF
products that use of and/or exposure to the products would pose a
danger to human health. Due to inadequate warning, Mr. Nostrant was
exposed to toxic chemicals and was diagnosed with lymphoma and
prostate cancer, says the suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Faces Wentland Suit Over AFFF Products' Design Defect
-----------------------------------------------------------------
RUSSELL WENTLAND and KATHLEEN WENTLAND, his wife, individually and
on behalf of all others similarly situated, Plaintiffs v. 3M
COMPANY (f/k/a Minnesota Mining and Manufacturing Company); ACG
CHEMICALS AMERICAS INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.;
ARKEMA, INC.; BUCKEYE FIRE EQUIPMENT COMPANY; CARRIER GLOBAL
CORPORATION; CHEMDESIGN PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS,
INC.; CHEMOURS COMPANY FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.;
CORTEVA, INC.; DEEPWATER CHEMICALS, INC.; DU PONT DE NEMOURS INC.
(f/k/a DOWDUPONT INC.); DYNAX CORPORATION; E.I. DU PONT DE NEMOURS
AND COMPANY; KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL
COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE
PRODUCTS LP, as successor-in-interest to The Ansul Company; UNITED
TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION,
INC. (f/k/a GE Interlogix, Inc.); and ABC CORPORATIONS (1-50),
Defendants, Case No. 2:22-cv-02456-RMG (D.S.C., July 28, 2022) is a
class action against the Defendants for negligence, battery,
inadequate warning, design defect, strict liability, fraudulent
concealment, breach of express and implied warranties, wantonness,
and per quod claim.
The case arises from severe personal injuries sustained by
Plaintiff Russell Wentland as a result of his exposure to the
Defendants' aqueous film forming foam (AFFF) products containing
synthetic, toxic per- and polyfluoroalkyl substances collectively
known as PFAS. The Defendants failed to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including Mr. Wentland, who
they knew would foreseeably come into contact with their AFFF
products that use of and/or exposure to the products would pose a
danger to human health. Due to inadequate warning, Mr. Wentland was
exposed to toxic chemicals and was diagnosed with kidney cancer and
other medical conditions, says the suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Fancy Sues Over Injury Sustained From AFFF Products
---------------------------------------------------------------
ROBERT FANCY and KATE FANCY, his wife, individually and on behalf
of all others similarly situated, Plaintiffs v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); ACG CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.); and ABC CORPORATIONS (1-50), Defendants, Case
No. 2:22-cv-02451-RMG (D.S.C., July 28, 2022) is a class action
against the Defendants for negligence, battery, inadequate warning,
design defect, strict liability, fraudulent concealment, breach of
express and implied warranties, wantonness, and per quod claim.
The case arises from severe personal injuries sustained by
Plaintiff Robert Fancy as a result of his exposure to the
Defendants' aqueous film forming foam (AFFF) products containing
synthetic, toxic per- and polyfluoroalkyl substances collectively
known as PFAS. The Defendants failed to use reasonable and
appropriate care in the design, manufacture, labeling, warning,
instruction, training, selling, marketing, and distribution of
their PFAS-containing AFFF products and also failed to warn public
entities and civilian firefighters, including Mr. Fancy, who they
knew would foreseeably come into contact with their AFFF products
that use of and/or exposure to the products would pose a danger to
human health. Due to inadequate warning, Mr. Fancy was exposed to
toxic chemicals and was diagnosed with thyroid disease, says the
suit.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiffs are represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
3M COMPANY: Miller Sues Over Side Effects of Using AFFF Products
----------------------------------------------------------------
KEVIN MILLER, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02466-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with colorectal cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Richard Zgoda, Jr., Esq.
Steven D. Gacovino, Esq.
GACOVINO, LAKE & ASSOCIATES, P.C.
270 West Main Street
Sayville, NY 11782
Telephone: (631) 600-0000
Facsimile: (631) 543-5450
- and –
Gregory A. Cade, Esq.
Gary A. Anderson, Esq.
Kevin B. McKie, Esq.
ENVIRONMENTAL LITIGATION GROUP, P.C.
2160 Highland Avenue South
Birmingham, AL 35205
Telephone: (205) 328-9200
Facsimile: (205) 328-9456
3M COMPANY: Villete Suit Claims Toxic Exposure From AFFF Products
-----------------------------------------------------------------
ARMANDO VILLETE, individually and on behalf of all others similarly
situated, Plaintiff v. 3M COMPANY (f/k/a Minnesota Mining and
Manufacturing Company); ACG CHEMICALS AMERICAS INC.; AMEREX
CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE FIRE
EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN PRODUCTS,
INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY FC, LLC;
CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY;
KIDDE-FENWAL, INC.; KIDDE PLC; NATION FORD CHEMICAL COMPANY;
NATIONAL FOAM, INC.; THE CHEMOURS COMPANY; TYCO FIRE PRODUCTS LP,
as successor-in-interest to The Ansul Company; UNITED TECHNOLOGIES
CORPORATION; UTC FIRE & SECURITY AMERICAS CORPORATION, INC. (f/k/a
GE Interlogix, Inc.), Defendants, Case No. 2:22-cv-02455-RMG
(D.S.C., July 28, 2022) is a class action against the Defendants
for negligence, battery, inadequate warning, design defect, strict
liability, fraudulent concealment, breach of express and implied
warranties, and wantonness.
The case arises from severe personal injuries sustained by the
Plaintiff as a result of his exposure to the Defendants' aqueous
film forming foam (AFFF) products containing synthetic, toxic per-
and polyfluoroalkyl substances collectively known as PFAS. The
Defendants failed to use reasonable and appropriate care in the
design, manufacture, labeling, warning, instruction, training,
selling, marketing, and distribution of their PFAS-containing AFFF
products and also failed to warn public entities and civilian
firefighters, including the Plaintiff, who they knew would
foreseeably come into contact with their AFFF products that use of
and/or exposure to the products would pose a danger to human
health. Due to inadequate warning, the Plaintiff was exposed to
toxic chemicals and was diagnosed with prostate cancer, the suit
alleges.
3M Company, f/k/a Minnesota Mining and Manufacturing Co., is a
multinational conglomerate corporation and designer, marketer,
developer, manufacturer, distributor of firefighting equipment,
including those with AFFF. It is located at 3M Center, St. Paul.
Minnesota.
ACG Chemicals Americas Inc. is a manufacturer of chemical products
based in Exton, Pennsylvania.
Amerex Corporation is a manufacturer of firefighting products based
in Trussville, Alabama.
Archroma U.S. Inc. is a global specialty chemicals company
headquartered in Charlotte, North Carolina.
Arkema, Inc. is a diversified chemicals manufacturer in North
America, based in King of Prussia, Pennsylvania.
Buckeye Fire Equipment Co. is a manufacturer of line of handheld
and wheeled fire extinguishers, suppressing foam concentrates &
hardware, and kitchen suppression systems, with principal place of
business located at 110 Kings Road, Mountain, North Carolina.
Carrier Global Corporation is a heating, ventilation, and air
conditioning company based in Palm Beach Gardens, Florida.
Chemdesign Products, Inc. is a chemical toll manufacturing company
based in Marinette, Wisconsin.
Chemguard, Inc. is a manufacturer of fire suppression and specialty
chemicals, including AFFF, with principal place of business located
at One Stanton Street, Marinette, Wisconsin.
Chemicals, Inc. is a chemical manufacturing company based in
Baytown, Texas.
Chemours Company FC, LLC is a manufacturer of titanium
technologies, fluoroproducts and chemical solutions based in
Wilmington, Delaware.
Chubb Fire, Ltd is a provider of security and fire protection
systems based in United Kingdom.
Clariant Corp. is a specialty chemical company based in Charlotte,
North Carolina.
Corteva, Inc. is an American agricultural chemical and seed company
based in Wilmington, Delaware.
Deepwater Chemicals, Inc. is a producer of organic and inorganic
iodine derivatives based in Woodward, Oklahoma.
Du Pont De Nemours Inc., f/k/a DowDuPont Inc., is a chemical
company based in Wilmington, Delaware.
Dynax Corporation is a company that specializes in the production
of fluorochemicals based in Pound Ridge, New York.
E.I Dupont De Nemours & Co. is a provider of agriculture and
specialty products with principal place of business at 1007 Market
Street, Wilmington, Delaware.
Kidde-Fenwal, Inc. is a manufacturer of fire protection systems
based in Ashland, Massachusetts.
Kidde PLC is a manufacturer of fire safety products based in
Mebane, North Carolina.
Nation Ford Chemical Company is a manufacturer of specialty organic
chemicals based in Fort Mill, South Carolina.
National Foam, Inc. is a manufacturer of foam concentrate, foam
proportioning systems, fixed and portable foam firefighting
equipment, with principal place of business located at 350 East
Union Street, West Chester, Pennsylvania.
The Chemours Company is a manufacturer of agricultural chemicals
with principal place of business at 1007 Market Street, Wilmington,
Delaware.
Tyco Fire Products L.P., successor-in-interest to The Ansul
Company, is a manufacturer of water-based fire suppression system
components and ancillary building construction products, including
Ansul brand of AFFF, headquartered at One Stanton Street,
Marinette, Wisconsin.
United Technologies Corporation was an American multinational
conglomerate headquartered in Farmington, Connecticut. It merged
with the Raytheon Company in April 2020 to form Raytheon
Technologies.
UTC Fire & Security Americas Corporation, Inc., f/k/a GE
Interlogix, Inc., is a manufacturer of security and fire control
systems based in Bradenton, Florida. [BN]
The Plaintiff is represented by:
Stephen T. Sullivan, Jr., Esq.
John E. Keefe, Jr., Esq.
WILENTZ, GOLDMAN & SPITZER P.A.
125 Half Mile Road, Suite 100
Red Bank, NJ 07701
Telephone: (732) 855-6060
Facsimile: (732) 726-4860
A.G. CONSULTING: Kovalev Sues Over Unpaid Overtime, Retaliation
---------------------------------------------------------------
IVAN KOVALEV and MINTIWAB HILL, on behalf of themselves and all
others similarly-situated, Plaintiffs v. A.G. CONSULTING
ENGINEERING, P.C. Defendant, Case No. 1:22-cv-05954 (S.D.N.Y., July
13, 2022) seeks all available remedies under the Fair Labor
Standards Act and the New York Labor Law arising from the
Defendant's failure to pay Plaintiffs for all hours worked and
overtime for hours worked over 40 in a week as well as Defendant's
retaliatory actions.
Plaintiff Kovalev was employed as a field inspector performing
electrical surveys for upgrades to advertising and communications
concessions in subway stations managed by the New York City Transit
Authority. He worked for AGC from February 2019 to February 2022.
Plaintiff Hill worked for AGC from June 2018 to August 2021. She
was initially employed as a Mechanical/HVAC, Electrical, Plumbing
Superintendent operating from AGC's New York City office. Plaintiff
Hill was assigned to inspect projects managed by the NY Department
of Corrections Office of General Services throughout her
employment.
A.G. Consulting Engineering, P.C. is a professional engineering
firm which provides an integrated array of Mechanical/HVAC,
Electrical, Plumbing services, Fire Protection, Fire Engineering,
LEED Consulting, Construction Management and Special Inspection
Services for federal, state, and city agencies and for the private
sector.[BN]
The Plaintiffs are represented by:
Marc H. Edelson, Esq.
Eric Lechtzin, Esq.
EDELSON LECHTZIN LLP
411 S. State Street Suite N-300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: medelson@edelson-law.com
elechtzin@edelson-law.com
- and -
James A. Wells, Esq.
CAPOZZI ADLER, P.C.
312 Old Lancaster Road
Merion Station, PA 19066
Telephone: (717) 585-7823
E-mail: jayw@capozziadler.com
ADISER ORLANDO: Lugo Sues for Wrongful Termination, Retaliation
---------------------------------------------------------------
KARINY LUGO, Plaintiff v. ADISER ORLANDO LLC f/k/a MAGIC BURGERS,
LLC, Defendant, Case No. 6:22-cv-01223 (M.D. Fla., July 13, 2022)
is a class action brought by the Plaintiff, on behalf of all others
similarly situated, arising from the Defendant's violation of the
Family and Medical Leave Act of 1993.
According to the complaint, the Plaintiff worked for the Defendant
for at least 1,250 hours during the 12-month period before the date
any FMLA leave was to begin. The Plaintiff was entitled to the FMLA
leave because she had one or more FMLA-qualifying reasons.
Specifically, Plaintiff and her two daughters had a serious health
condition that prevented Plaintiff from performing the functions of
her job. Despite its knowledge of the Plaintiff's and her
daughters' medical condition, the Defendant failed to notify the
Plaintiff of her eligibility status and rights under the FMLA and
failed to notify the Plaintiff whether her leave was or could be
designated as FMLA leave, says the suit.
The complaint further asserts that the Defendants have
intentionally engaged in unlawful employment practices in violation
of the FMLA, by retaliating against the Plaintiff for requesting
leave under the FMLA.
The Plaintiff was employed by the Defendant as a general manager
from September 9, 2014, until her wrongful termination on January
12, 2022.
Adiser Orlando LLC, f/k/a Magic Burgers, LLC, owns several Burger
King restaurants and is a franchisee of Burger King.[BN]
The Plaintiff is represented by:
Tanesha Blye, Esq.
R. Martin Saenz, Esq.
SAENZ & ANDERSON, PLLC
20900 NE 30th Avenue, Ste. 800
Aventura, FL 33180
Telephone: (305) 503-5131
Facsimile: (888) 270-5549
E-mail: tblye@saenzanderson.com
msaenz@saenzanderson.com
AEP TRANSMISSION: Class Suit Over Retirement Plan Dismissed
-----------------------------------------------------------
AEP Transmission Company, LLC disclosed in its Form 10-Q Report for
the quarterly period ended June 30, 2022, filed with the Securities
and Exchange Commission on July 27, 2022, that a class action
complaint against the company has been completely dismissed.
Four participants in The American Electric Power System Retirement
Plan filed a class action complaint in December 2021 in the U.S.
District Court for the Southern District of Ohio against American
Electric Power Service Corporation (AEPSC), an AEP service
subsidiary and its retirement plan.
When the plan's benefit formula was changed in the year 2000, AEP
provided a special provision for employees hired before January 1,
2001, allowing them to continue benefit accruals under the then
benefit formula for a full 10 years alongside of the new cash
balance benefit formula then being implemented. Employees who were
hired on or after January 1, 2001 accrued benefits only under the
new cash balance benefit formula.
The Plaintiffs assert a number of claims on behalf of themselves
and the purported class, including that the plan violates the
requirements under the Employee Retirement Income Security Act
(ERISA) intended to preclude back-loading the accrual of benefits
to the end of a participant's career, that the plan violates the
age discrimination prohibitions of ERISA and the Age Discrimination
in Employment Act and AEP failed to provide required notice
regarding the changes to the plan. Among other relief, the
complaint seeks reformation of the Plan to provide additional
benefits and the recovery of plan benefits for former employees
under such reformed plan.
The plaintiffs previously had submitted claims for additional plan
benefits to AEP, which were denied. On February 15, 2022, AEPSC and
the plan filed a motion to dismiss the complaint for failure to
state a claim and briefing on the motion to dismiss has been
completed.
AEP Transmission Company, LLC provides electric services based in
Ohio.
AIRBUS SE: $5MM Class Settlement to be Heard on Sept. 30
--------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Airbus Securities Settlement:
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANDREW J. KORNECKI, Individually and
on Behalf of All Others Similarly Situated,
Plaintiff,
vs.
AIRBUS SE, et al.,
Defendants.
No. 2:20-cv-10084-KM-JBC
CLASS ACTION
SUMMARY NOTICE
TO: ALL PERSONS WHO PURCHASED OR OTHERWISE ACQUIRED AIRBUS SE
("AIRBUS" OR THE "COMPANY") SECURITIES IN THE UNITED STATES AS
AMERICAN DEPOSITARY RECEIPTS ("ADR") OR FOREIGN ORDINARIES UNDER
THE TICKER SYMBOLS "EADSY" AND "EADSF," RESPECTIVELY, DURING THE
PERIOD BETWEEN FEBRUARY 24, 2016 THROUGH AND INCLUDING JULY 30,
2020, AND WERE ALLEGEDLY DAMAGED THEREBY, AND ARE NOT OTHERWISE
EXCLUDED FROM THE SETTLEMENT CLASS
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States
District Court for the District of New Jersey, that a hearing will
be held on September 30, 2022, at 2:00 p.m., before the Honorable
Kevin McNulty, United States District Judge, at the United States
District Court for the District of New Jersey, Martin Luther King
Building & U.S. Courthouse, 50 Walnut Street, Newark, NJ 07102, for
the purpose of determining: (1) whether the proposed Settlement of
the claims in the Litigation for the principal amount of $5
million, plus interest, should be approved by the Court as fair,
reasonable, and adequate; (2) whether a Class should be certified
for purposes of settlement; (3) whether a Final Judgment and Order
of Dismissal with Prejudice should be entered by the Court
dismissing the Litigation with prejudice; (4) whether the Plan of
Allocation is fair, reasonable, and adequate and should be
approved; and (5) whether the application of Lead Counsel for the
payment of attorneys' fees and expenses and Lead Plaintiff's
expenses in connection with this Litigation should be approved.
IF YOU PURCHASED OR OTHERWISE ACQUIRED ANY AIRBUS ADRS OR FOREIGN
ORDINARIES IN THE UNITED STATES DURING THE PERIOD FROM FEBRUARY 24,
2016 THROUGH AND INCLUDING JULY 30, 2020, YOUR RIGHTS MAY BE
AFFECTED BY THE SETTLEMENT OF THIS LITIGATION. Airbus ADRs trade in
the U.S. on the over-the-counter market (the "OTC") under the
ticker symbol "EADSY," and Airbus foreign ordinaries trade in the
U.S. on the OTC market under the ticker symbol "EADSF." Excluded
from the Settlement Class are: (i) Defendants, (ii) the current and
Class Period officers and directors of the Company, (iii) members
of the immediate families of the Individual Defendants, and (iv)
the legal representatives, heirs, successors-in-interest, or
assigns of any excluded person or entity, and any entity in which
such excluded persons have or had a controlling interest. Also
excluded from the Settlement Class are those Persons who timely and
validly exclude themselves therefrom by submitting a request for
exclusion. If you have not received a detailed Notice of Pendency
and Proposed Settlement of Class Action ("Notice") and a copy of
the Proof of Claim and Release form, you may obtain copies by
writing to Airbus Securities Settlement, Claims Administrator, c/o
Gilardi & Co. LLC, P.O. Box 8040, San Rafael, CA 94912-8040, or on
the internet at www.AirbusSecuritiesSettlement.com. If you are a
Class Member, in order to share in the distribution of the Net
Settlement Fund, you must submit a Proof of Claim and Release by
mail or online no later than September 13, 2022, establishing that
you are entitled to a recovery. If you request to be excluded from
the Class, you must submit a request for exclusion postmarked by
September 9, 2022, in the form and manner explained in the detailed
Notice. You will be bound by any judgment entered in the Litigation
unless you request to be excluded, in writing, to Airbus Securities
Settlement, c/o Gilardi & Co. LLC, EXCLUSIONS, P.O. Box 5100,
Larkspur, CA 94977-5100, postmarked by September 9, 2022.
Any objection to the Settlement, the Plan of Allocation, and/or the
fee and expense application must be received, not simply
postmarked, by each of the following recipients no later than
September 9, 2022:
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Martin Luther King Building & U.S. Courthouse
50 Walnut Street, Room 4015
Newark, NJ 07102
Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
BRIAN O. O'MARA
655 West Broadway, Suite 1900
San Diego, CA 92101
Defendants' Counsel:
PAUL HASTINGS LLP
D. SCOTT CARLTON
515 S. Flower Street, 25th Floor
Los Angeles, CA 90071
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE. If you have any questions about the Settlement, you
may contact Lead Counsel at the address listed above.
Dated: June 8, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ALBERTSONS COMPANIES: Court OKs Settlement in Martin Suit
---------------------------------------------------------
Albertsons Companies, Inc. disclosed in its Form 10-Q Report for
the quarterly period ended June 18, 2022, filed with the Securities
and Exchange Commission on July 27, 2022, that the settlement for
the putative class action complaint captioned "Martin v. Safeway"
has been approved by the court in May 2022.
On May 31, 2019, a putative class action complaint entitled "Martin
v. Safeway" was filed in the California Superior Court for the
County of Alameda, alleging the Company failed to comply with the
Fair and Accurate Credit Transactions Act (FACTA) by printing
receipts that failed to adequately mask payment card numbers as
required by FACTA.
The plaintiff claims the violation was "willful" and exposes the
Company to statutory damages provided for in FACTA. On January 8,
2020, the Company commenced mediation discussions with plaintiff's
counsel and reached a settlement in principle on February 24, 2020.
On May 5, 2022, the court approved the negotiated settlement.
Albertsons Companies, Inc. provides grocery products, general
merchandise, health and beauty care products, pharmacy, fuel and
other items and services in its stores or through digital channels
based in Idaho.
ALBERTSONS COMPANIES: Stewart Suit in Oregon Pending
----------------------------------------------------
Albertsons Companies, Inc. disclosed in its Form 10-Q Report for
the quarterly period ended June 18, 2022, filed with the Securities
and Exchange Commission on July 27, 2022, that a putative class
action complaint entitled "Schearon Stewart and Jason Stewart v.
Safeway Inc." is pending in Circuit Court, County of Multnomah,
State of Oregon, alleging that Safeway engaged in unfair trade
practices, in violation of Oregon's Unlawful Trade Practices Act
(ORS 646.608), regarding the sale of certain meat products in 2015
and 2016 with its "Buy One, Get One Free" and similar promotions.
Albertsons Companies, Inc. provides grocery products, general
merchandise, health and beauty care products, pharmacy, fuel and
other items and services in its stores or through digital channels
based in Idaho.
AMAZON.COM SERVICES: Chambers Sues Over Deceptive Product Warranty
------------------------------------------------------------------
STEVEN CHAMBERS, individually and on behalf of all others similarly
situated, Plaintiff v. AMAZON.COM SERVICES LLC, Defendant, Case No.
4:22-cv-00686-DPM (Ark. Cir., Lonoke Cty., July 29, 2022) seeks
remedy to stop the unlawful business practices related to consumer
warranties for products sold by the Defendant.
The Plaintiff alleges in the complaint that despite the obligations
under federal laws, the Defendant does not provide consumers with
access to written warranties, prior to sale, in a manner that
complies with the pre-sale availability rule.
The Defendant offers its own protection plan or extended warranty
to consumers at the point of sale, which provide coverage that is
duplicative of the free manufacturer's warranty that already comes
with the product. If the consumer is not made aware of this
warranty, or is prohibited from learning of the warranty's specific
terms until after the point of sale, then he or she is more likely
to buy the Defendant's duplicative protection plan, says the suit.
AMAZON.COM SERVICES LLC offers many of the Web service platforms
that are Amazon offers. [BN]
The Plaintiff is represented by:
David Slade, Esq.
Brandon Haubert, Esq.
WH LAW
1 Riverfront Place, Suite 7 45
Telephone: (501) 891-6000
Facsimile: (501) 222-3027
Email: slade@wh.law
brandon@wh.law
- and -
Jerry Kelly, Esq.
KELLY LAW FIRM, PA
118 N. Center
Lonoke, AR 72086
Telephone: (501) 676-5770
Facsimile: (501) 676-7807
Email: jkelly@kellylawfirm.net
AMERIMARK DIRECT: Faces Smith Suit Over Unsolicited Sales Calls
---------------------------------------------------------------
LINDA MASI SMITH, individually and on behalf of all others
similarly situated, Plaintiff v. AMERIMARK DIRECT, LLC, Defendant,
Case No. 9:22-cv-81033-AMC (S.D. Fla., July 15, 2022) is a class
action brought against the Defendant under the Florida Telephone
Solicitation Act and the Telephone Consumer Protection Act.
The complaint alleges the engagement of the Defendant in aggressive
telephonic sales calls to consumers, including Plaintiff, to
promote its goods and services without having secured prior express
written consent as required under the FTSA and with no regard to
consumer rights under the TCPA.
The Defendant's telephonic sales calls have caused Plaintiff and
the Class members harm, including violations of their statutory
rights, statutory damages, annoyance, nuisance, and invasion of
their privacy, says the suit.
Amerimark Direct, LLC is an online retailer that sells various
consumer goods including apparel, shoes, fragrances, and
health-related merchandise.[BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-9471
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
chris@edelsberglaw.com
ARC AUTOMOTIVE: Jophlin Files Suit in D. South Carolina
-------------------------------------------------------
A class action lawsuit has been filed against ARC Automotive, Inc.,
et al. The case is styled as Aaron Jophlin, Ronald Wolf, Latricia
Ford, Terre Bohman, Cortney Driggers, Whitney Harrelson, Mobley
Patricia, individually and on behalf of all others similarly
situated v. ARC Automotive, Inc., General Motors LLC, Hyundai Motor
Group, Hyundai Motor Company, Hyundai Motor America, Kia
Corporation, Kia America, Inc., Hyundai Mobis Co., LTD, Mobis Parts
America, Case No. 2:22-cv-02507-BHH (D.S.C., Aug. 1, 2022).
The nature of suit is stated as Motor Vehicle Prod. Liability for
Personal Injury.
ARC Automotive, Inc. -- http://www.arcautomotive.com/-- is a
global manufacturer that produces a full complement of inflators
for automotive airbag applications.[BN]
The Plaintiff is represented by:
John David O'Neill, Esq.
MOTLEY RICE (CH)
28 Bridgeside Boulevard
Charleston, SC 29403
Phone: (843) 216-9629
Email: jdoneill@motleyrice.com
- and -
Joseph F Rice, Esq.
MOTLEY RICE
PO Box 1792
Mt Pleasant, SC 29465
Phone: (843) 216-9000
Fax: (843) 216-9290
Email: jrice@motleyrice.com
- and -
Kevin R Dean, Esq.
Lee Marshall Heath, Esq.
MOTLEY RICE LLC
28 Bridgeside Boulevard
Mt Pleasant, SC 29464
Phone: (843) 216-9152
Fax: (843) 216-9430
Email: kdean@motleyrice.com
lheath@motleyrice.com
ARMOUR RESIDENTIAL: Bid to Dismiss Securities Suit Deferred
------------------------------------------------------------
Armour Residential REIT, Inc. disclosed in its Form 10-Q Report for
the quarterly period ended June 30, 2022, filed with the Securities
and Exchange Commission on July 27, 2022, that the company's motion
to dismiss a consolidated amended class action complaint has been
deferred until September 2022.
Nine putative class action lawsuits have been filed in connection
with the tender offer and merger for its subsidiary
Javelin Mortgage Investment Corp. All nine suits name Armour, the
previous members of Javelin's board of directors prior to the
Merger and JMI Acquisition Corporation (Acquisition) as defendants.
Certain cases also name ACM and JAVELIN as additional defendants.
The lawsuits were brought by purported holders of Javelin's common
stock, both individually and on behalf of a putative class of
Javelin's stockholders, alleging that the Individual Defendants
breached their fiduciary duties owed to the plaintiffs and the
putative class of Javelin stockholders, including claims that the
Individual Defendants failed to properly value Javelin, failed to
take steps to maximize the value of Javelin, to its stockholders,
ignored or failed to protect against conflicts of interest, failed
to disclose material information about the merge transactions, took
steps to avoid competitive bidding and to give Armour an unfair
advantage by failing to adequately solicit other potential
acquirers or alternative transactions and erected unreasonable
barriers to other third-party bidders.
The suits also allege that Armour, Javelin, Armour Capital
Management LP and Acquisition aided and abetted the alleged
breaches of fiduciary duties by the Individual Defendants. The
lawsuits seek equitable relief, including, among other relief, to
enjoin consummation of the merger, or rescind or unwind the
Transactions if already consummated, and award costs and
disbursements, including reasonable attorneys' fees and expenses.
The sole Florida lawsuit was never served on the defendants, and
that case was voluntarily dismissed and closed on January 20, 2017.
On April 25, 2016, the Maryland court issued an order consolidating
the eight Maryland cases into one action, captioned "In re JAVELIN
Mortgage Investment Corp. Shareholder Litigation," Case No.
24-C-16-001542, and designated counsel for one of the Maryland
cases as interim lead co-counsel. On May 26, 2016, interim lead
counsel filed the Consolidated Amended Class Action Complaint for
Breach of Fiduciary Duty asserting consolidated claims of breach of
fiduciary duty, aiding and abetting the breaches of fiduciary duty,
and waste.
On June 27, 2016, defendants filed a Motion to Dismiss the
Consolidated Amended Class Action Complaint for failing to state a
claim upon which relief can be granted. A hearing was held on the
Motion to Dismiss on March 3, 2017, and the Court reserved ruling.
On August 16, 2021, the court ordered that the entry of an Order of
Dismissal is further deferred until February 1, 2022. On March 1,
2022, the court deferred the Order of Dismissal until September 1,
2022 and if the case is not fully disposed of by that date, the
clerk shall enter on the docket "dismissed for lack of prosecution
without prejudice."
Armour Residential Reit, Inc. is an investment advisor based in
Florida.
BANK OZK: $45MM Class Settlement to be Heard on September 19
------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issue a statement regarding the
OZK Securities Litigation:
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
STRATHCLYDE PENSION FUND,
Individually and on Behalf of All Others Similarly Situated,
Plaintiff,
vs.
BANK OZK, et al.,
Defendants.
No. 4:18-cv-00793-DPM
CLASS ACTION
SUMMARY NOTICE OF (I) PROPOSED SETTLEMENT AND PLAN OF ALLOCATION;
(II) SETTLEMENT HEARING; AND (III) MOTION FOR AN AWARD OF
ATTORNEYS’ FEES AND LITIGATION EXPENSES
TO: ALL PERSONS OR ENTITIES WHO PURCHASED OR OTHERWISE ACQUIRED
BANK OZK ("OZK") COMMON STOCK BETWEEN FEBRUARY 19, 2016 AND OCTOBER
18, 2018, INCLUSIVE, AND WHO ARE NOT OTHERWISE EXCLUDED FROM THE
CLASS ("CLASS" OR "CLASS MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Eastern District of Arkansas (the "Court"), that a
Court-appointed Class Representative, on behalf of itself and all
members of the certified Class, and defendants OZK and George
Gleason (collectively, "Defendants"), have reached a proposed
settlement of the claims in the above-captioned action (the
"Action") in the amount of $45 million (the "Settlement").
A hearing will be held on September 19, 2022, at 1:30 p.m. CDT,
before the Honorable D.P. Marshall Jr., Chief United States
District Judge, either in person or remotely at the Court’s
discretion, at the United States District Court for the Eastern
District of Arkansas, Richard Sheppard Arnold United States
Courthouse, 500 West Capitol Avenue, Courtroom 1A, Little Rock, AR
72201 to determine, among other things, whether: (1) the proposed
$45 million Settlement should be approved by the Court as fair,
reasonable, and adequate; (2) the Judgment as provided under the
Stipulation of Settlement (the "Stipulation") should be entered
dismissing the Action with prejudice; (3) Lead Counsel’s
application for an award of attorneys’ fees of 25% of the
Settlement Fund and expenses not to exceed $2 million, including an
award to Lead Plaintiff for its time and expenses in representing
the Class, should be approved; and (4) the Plan of Allocation
should be approved by the Court as fair and reasonable. The
capitalized terms herein shall have the same meaning as they have
in the Stipulation.1 The Court reserves the right to approve the
Settlement, the Plan of Allocation, and Lead Counsel’s motion for
an award of attorneys’ fees and expenses and/or consider any
other matter related to the Settlement at or after the Settlement
Hearing without further notice to the Members of the Class.
The ongoing COVID-19 health emergency is a fluid situation that
creates the possibility that the Court may decide to conduct the
Settlement Hearing by video or telephonic conference, or otherwise
allow Class Members to appear at the hearing by phone or
videoconference, without further written notice to the Class. To
determine whether the date and time of the Settlement Hearing have
changed, or whether Class Members must or may participate by phone
or videoconference, it is important that you monitor the Court’s
docket and the Settlement website, before making any plans to
attend the Settlement Hearing. Any updates regarding the Settlement
Hearing, including any changes to the date or time of the hearing
or updates regarding in-person, telephonic or videoconference
appearances at the hearing, will also be posted to the Settlement
website, www.OZKSecuritiesClassAction.com. Also, if the Court
requires or allows Class Members to participate in the Settlement
Hearing by telephone or videoconference, the phone number for
accessing the telephonic conference or the website for accessing
the videoconference will be posted to the Settlement website,
www.OZKSecuritiesClassAction.com.
If you are a Member of the Class, your rights will be affected by
the pending Action and the Settlement, and you may be entitled to
share in the Settlement Fund. If you have not yet received the
Notice of (I) Proposed Settlement and Plan of Allocation; (II)
Settlement Hearing; and (III) Motion for an Award of Attorneys’
Fees and Litigation Expenses (the "Settlement Notice") and Proof of
Claim and Release Form ("Claim Form"), you may obtain copies of
these documents by visiting the Settlement Website,
www.OZKSecuritiesClassAction.com, or by contacting the Claims
Administrator at:
OZK Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 6177
Novato, CA 94948-6177
1-888-792-0228
info@OZKSecuritiesClassAction.com
Copies of the Settlement Notice and Claim Form are also available
by accessing the Court docket in this case, for a fee, through the
Court’s Public Access to Court Electronic Records (PACER) system
at https://ecf.ared.uscourts.gov, or by visiting the Office of the
Clerk, Richard Sheppard Arnold United States Courthouse, 500 West
Capitol Avenue, Room A149, Little Rock, AR 72201, (501) 604-5351,
during normal business hours.
Inquiries, other than requests for the Settlement Notice or a Claim
Form or for information about the status of a claim, may be made to
Class Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
ELLEN GUSIKOFF STEWART
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
If you are a Class Member, to be eligible to share in the
distribution of the Settlement Fund, you must submit a Claim Form
postmarked or submitted online (no later than October 6, 2022). If
you are a Class Member and do not submit a proper Claim Form, you
will not be eligible to share in the distribution of the net
proceeds of the Settlement but you will nevertheless be bound by
any judgments or orders entered by the Court in the Action.
If you are a Class Member and wish to exclude yourself from the
Class, you must submit a written request for exclusion in
accordance with the requirements set by the Court and the
instructions set forth in the Settlement Notice so that it is
postmarked no later than August 29, 2022. If you properly exclude
yourself from the Class, you will not be bound by any judgments or
orders entered by the Court, whether favorable or unfavorable, and
you will not be eligible to share in the distribution of the Net
Settlement Fund.
Any objections to the proposed Settlement, Class Counsel’s motion
for attorneys’ fees and litigation expenses, and/or the proposed
Plan of Allocation must be filed with the Court, either by mail or
in person, and be mailed to counsel for the Settling Parties in
accordance with the instructions in the Settlement Notice, such
that they are received no later than August 29, 2022.
PLEASE DO NOT CONTACT THE COURT, DEFENDANTS, OR DEFENDANTS’
COUNSEL REGARDING THIS NOTICE.
Dated: June 27, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
1 The Stipulation can be viewed and/or obtained at
www.OZKSecuritiesClassAction.com.
BOFI HOLDING: $14.1MM Class Settlement to be Heard on Oct. 7
------------------------------------------------------------
United States District Court
SOUTHERN District of CALIFORNIA
In re BofI Holding, Inc. Securities Litigation
Case No. 3:15-cv-2324-GPC-KSC
Class Action
SUMMARY NOTICE OF (I) PROPOSED CLASS ACTION SETTLEMENT; (II)
SETTLEMENT HEARING; AND (III) MOTION FOR AN AWARD OF ATTORNEYS'
FEES, REIMBURSEMENT OF LITIGATION EXPENSES, AND LEAD PLAINTIFF'S
SERVICE AWARD
This notice is for all persons who purchased or otherwise acquired
shares of the publicly traded common stock of BofI Holding, Inc.
(now known as Axos Financial, Inc.), as well as purchasers of BofI
call options and sellers of BofI put options, between September 4,
2013 through and including October 13, 2015. Certain persons and
entities are excluded from the Class as set forth in detail in the
Stipulation and Agreement of Settlement dated April 13, 2022
("Stipulation") and the Notice described below.
PLEASE READ THIS NOTICE CAREFULLY; YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Southern District of California ("Court"), that the parties
to the above-captioned action ("Action") have reached a proposed
settlement for $14,100,000 in cash ("Settlement") that, if
approved, will resolve all claims in the Action.
A hearing will be held on October 7, 2022, at 1:30 p.m., before the
Honorable Gonzalo P. Curiel at the United States District Court for
the Southern District of California, Edward J. Schwartz United
States Courthouse, Courtroom 2D, 221 West Broadway, San Diego, CA
92101, to determine: (i) whether the proposed Settlement should be
approved as fair, reasonable, and adequate; (ii) whether the Action
should be dismissed with prejudice against Defendants, and the
releases specified and described in the Stipulation (and in the
Notice described below) should be entered; (iii) whether the
proposed Plan of Allocation should be approved as fair and
reasonable; and (iv) whether Class Counsel's application for an
award of attorneys' fees and reimbursement of expenses, and Lead
Plaintiff's application for a service award, should be approved.
If you are a member of the Class, your rights will be affected by
the pending Action and the Settlement, and you may be entitled to
share in the Settlement Fund. This notice provides only a summary
of the information contained in the detailed Notice of (I) Proposed
Class Action Settlement; (II) Settlement Hearing; and (III) Motion
for an Award of Attorneys' Fees and Reimbursement of Litigation
Expenses and Lead Plaintiff's Service Award ("Notice"). You may
obtain a copy of the Notice, along with the Claim Form, on the
website for the Settlement, www.BofISecuritiesLitigation.com. You
may also obtain copies of the Notice and Claim Form by contacting
the Claims Administrator at In re BofI Holding, Inc. Securities
Litigation Settlement, c/o JND Legal Administration, P.O. Box
91425, Seattle, WA 98111; 1-888-921-1538;
info@BofISecuritiesLitigation.com.
If you are a member of the Class, in order to be eligible to
receive a payment under the proposed Settlement, you must submit a
Claim Form postmarked no later than November 7, 2022, in accordance
with the instructions set forth in the Claim Form. If you are a
Class Member and do not submit a proper Claim Form, you will not be
eligible to share in the distribution of the net proceeds of the
Settlement but you will nevertheless be bound by any releases,
judgments or orders entered by the Court in the Action.
If you are a member of the Class and wish to exclude yourself from
the Class, you must submit a request for exclusion such that it is
postmarked no later than August 8, 2022, in accordance with the
instructions set forth in the Notice. If you properly exclude
yourself from the Class, you will not be bound by any releases,
judgments or orders entered by the Court in the Action and you will
not be eligible to share in the net proceeds of the Settlement.
Excluding yourself is the only option that may allow you to be part
of any other current or future lawsuit against Defendants or any of
the other released parties concerning the claims being resolved by
the Settlement. Please note, however, if you decide to exclude
yourself from the Class, you may be time-barred from asserting the
claims covered by the Action by a statute of repose.
If you are a member of the Class and previously requested
exclusion, you now have the opportunity to opt-back into the Class
and participate in the Settlement. If you elect to opt-back into
the Class, you will be able to submit a Claim Form and be eligible
to share in the distribution of the net proceeds of the Settlement.
If you elect to opt-back into the Class, you will be bound by any
releases, judgments or orders entered by the Court in the Action,
regardless of whether or not you submit a Claim Form.
Class Counsel will apply to the Court to be paid from the
Settlement Fund, and any payment will be made only in the amount
that is approved by the Court. Class Counsel will ask the Court for
an award of attorneys' fees of no more than 25% of the Settlement
Fund (i.e., no more than $3,525,000). In addition, Class Counsel
will ask the Court to reimburse them out of the Settlement Fund for
the expenses they reasonably incurred and will incur in litigating
this case on behalf of Class Members, in an amount not to exceed
$1,400,000. Class Counsel will also ask the Court to approve a
Service Award of up to $15,000 for the Class Representative as an
award for its service to the Class as Plaintiff and Class
Representative out of the Settlement Fund. Class Counsel will also
request authorization to pay the Claims Administrator, directly
from the Settlement Fund, all Notice and Administration Costs
actually incurred and paid or payable up to $350,000, which Class
Counsel and the Claims Administrator estimate to be the maximum
amount likely to be required. Any amount in excess of that would
be payable from the Settlement Fund only upon further approval of
the Court. The amount of the Settlement Fund that remains after the
payment of all Court-approved attorneys' fees, reimbursement of
expenses, Service Award, and Notice and Administration Costs will
be distributed to Class Members who have submitted valid claims for
compensation and have not timely excluded themselves from the
Settlement in a manner approved by the Court.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, and/or Class Counsel's motion for attorneys' fees and
reimbursement of expenses and Lead Plaintiff's requested Service
Award, must be filed with the Court and delivered to Class Counsel
and Defendants' Counsel such that they are received no later than
August 8, 2022, in accordance with the instructions set forth in
the Notice.
The issuance of this Notice is not an expression of any opinion by
the Court concerning the merits of any claim in the Action, and the
Court still has to decide whether to approve the Settlement. The
Defendants deny the allegations of wrongdoing asserted in this
Action, and deny any liability whatsoever to any member of the
Class.
PLEASE DO NOT CONTACT THE COURT, THE CLERK'S OFFICE, DEFENDANTS, OR
THEIR COUNSEL REGARDING THIS NOTICE. All questions about this
notice, the Settlement, or your eligibility to participate in the
Settlement should be directed to Class Counsel or the Claims
Administrator.
Requests for the Notice and Claim Form
should be made to the Claims Administrator:
In re BofI Holding, Inc. Securities Litigation
c/o JND Legal Administration
P.O. Box 91425
Seattle, WA 98111
888-921-1538
info@BofISecuritiesLitigation.com
www.BofISecuritiesLitigation.com
Inquiries, other than requests for the Notice
and Claim Form, may be made to Class
Counsel:
Richard M. Heimann, Esq.
Katherine Lubin Benson, Esq.
Michael K. Sheen, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
(415) 956-1000
BofISettlement@lchb.com
BY ORDER OF THE COURT
United States District Court
Southern District of California
BOULDER COMMUNITY: Fuentez Files Suit Over Unlawful Labor Practices
-------------------------------------------------------------------
TORIBIO FUENTEZ, individually and on behalf of all others similarly
situated, Plaintiff v. BOULDER COMMUNITY HEALTH, Defendant, Case
No. 1:22-cv-01752-NYW (D. Colo., July 15, 2022) is brought by the
Plaintiff for disability discrimination, race discrimination,
retaliation, and for violation of the Family and Medical Leave
Act.
Mr. Fuentez, a Hispanic man, was hired by Defendant on January 4,
2005 to work as a groundskeeper in its Facilities Management
department. In 2007, he was transferred to a Maintenance Mechanic
position, where he worked until 2020 when Defendant terminated his
employment.
According to the complaint, the Defendant treated Mr. Martinez less
favorably than his white co-workers despite his strong performance
at work. The Plaintiff engaged in protected activity by complaining
about and opposing discrimination but the Defendant never
investigated his complaint or took any remedial action, says the
suit.
The complaint further asserts that the Plaintiff, a person with
myopathy, had a serious health condition and was a qualified
employee under the Family and Medical Leave Act. The Plaintiff
availed himself of a right protected under the FMLA by requesting
and taking medical leave. The Defendant interfered with Plaintiff's
medical leave and discriminated him for taking medical leave and
failed to reinstate him, the suit adds.
Boulder Community Health is a community-owned-and-operated
not-for-profit health system.[BN]
The Plaintiff is represented by:
Paul Maxon, Esq.
THE LAW OFFICE OF PAUL MAXON, P.C.
4450 Arapahoe Avenue
Boulder, CO 80303
Telephone: (303) 473-9999
Facsimile: (303) 415-2500
E-mail: paulmaxon@maxonlaw.com
CARACO PHARMACEUTICAL: Class Settlement to be Heard on Dec. 13
--------------------------------------------------------------
NastLaw LLC disclosed that if you purchased certain named generic
pharmaceutical drugs directly from certain pharmaceutical
manufacturers from May 1, 2009 through December 31, 2019, your
rights may be affected by proposed class action settlements.
A federal court authorized this notice. This is not a solicitation
from a lawyer.
What is the lawsuit about? Two proposed settlements (the
"Settlements") have been reached in a class action lawsuit ("the
Lawsuit"), which alleges that Sun Pharmaceutical Industries, Inc.
and its affiliates Caraco Pharmaceutical Laboratories, Ltd., Mutual
Pharmaceutical Company, Inc., and URL Pharma, Inc., and Taro
Pharmaceuticals U.S.A., Inc. (collectively "Settling Defendants")
violated the federal antitrust laws by conspiring with other
generic drug manufacturers to fix, maintain, and stabilize prices,
rig bids, and engage in market and customer allocations of certain
generic drugs (the "Named Generic Drugs"), causing direct
purchasers of the Named Generic Drugs to pay more than they should
have. The Settling Defendants deny liability as alleged in the
Lawsuit. The Court has not decided who is right. The proposed
Settlements do not resolve any of the claims of the Settlement
Class against the remaining Defendants. The Lawsuit against the
remaining Defendants is ongoing.
Who is included? The Court certified a Settlement Class that
includes all persons or entities, and their successors and assigns,
that directly purchased one or more of the Named Generic Drugs from
one or more Defendants in the United States and its territories and
possessions, at any time during the period from May 1, 2009 through
December 31, 2019. Excluded from the Settlement Class are
Defendants and their present and former officers, directors,
management, employees, subsidiaries, or affiliates, judicial
officers and their personnel, and all governmental entities. The
Settlement Agreements listing the Named Generic Drugs and
Defendants are available on the settlement website:
GenericDrugsDirectPurchaserSettlement.com. The Settlement
Agreements also are on public file with the United States District
Court for the Eastern District of Pennsylvania, 601 Market Street,
Philadelphia, PA 19106 in the case In re: Generic Pharmaceuticals
Pricing Antitrust Litigation, Case No. 2:16-MD-02724.
What do the Settlements provide? The proposed Settlements provide
for the following payments by Settling Defendants: (1) $17,357,000
payment by Sun Pharmaceutical Industries, Inc. and its affiliates
Caraco Pharmaceutical Laboratories, Ltd., Mutual Pharmaceutical
Company, Inc., and URL Pharma, Inc. and (2) $67,643,000 payment by
Taro Pharmaceuticals U.S.A., Inc. These payments (collectively
$85,000,000) will comprise the total "Settlement Fund." The
Settlement Fund may be reduced by up to $10 million or increased to
a maximum of $105 million under certain circumstances as explained
in the Settlement Agreements. In addition, the attorneys who have
worked on the Lawsuit for the Settlement Class will seek Court
approval to pay expenses, attorneys' fees of up to one-third of the
Settlement Fund, including interest, after expenses (and service
awards) are deducted, and service awards for the class
representatives (or named plaintiffs) out of the Settlement Fund.
Any motion for expenses and service awards and to set aside
one-third of the remaining Settlement Fund (plus accrued interest)
for payment of attorneys' fees will be posted on the settlement
website GenericDrugsDirectPurchaserSettlement.com once they are
filed on August 9, 2022. Settlement Class Counsel will file a
motion for an award of fees at a later appropriate time.
The calculations of the dollar amount that each Settlement Class
Member that submits a Claim Form will be paid from the Settlement
Fund is set forth in the Plan of Allocation, which also is
available on GenericDrugsDirectPurchaserSettlement.com.
What are your options? If you are a Settlement Class Member and you
do nothing, you will remain in the Settlement Class and be eligible
to participate in the Settlements as described in this notice, if
the Settlements are approved. However, you will need to complete,
sign, and return the Claim Form (once it is sent to you) in order
to obtain a payment. It is anticipated that Defendants' sales data
will be used to calculate Settlement Class Members' eligible
purchases and pro rata share of the Net Settlement Fund, but if
such data is not available from Defendants then you may be required
to submit data showing your eligible purchases. We do not know when
the Claim Forms will be mailed. You should check
GenericDrugsDirectPurchaserSettlement.com for information regarding
timing. If you did not receive a Notice in the mail, and you think
you are a potential Settlement Class Member, please identify
yourself or your company by letter to the following address: In re:
Generic Pharmaceuticals Pricing Antitrust Litigation – Direct
Purchasers, c/o A.B. Data, Ltd., P.O. Box 173095, Milwaukee, WI
53217, or send an email to
info@GenericDrugsDirectPurchaserSettlement.com, or call
877-315-0583. You may be required to submit proof of a qualifying
purchase to establish that you are a member of the Settlement
Class. Claimants may also be required to submit purchase data as
part of the claims process. As a Settlement Class Member, unless
you opt out of the Settlements, you will be bound by all orders and
judgments of the Court.
In addition, you may request exclusion from (or opt out of) the
Settlements and may object to the Settlements if you do not opt
out. Instructions for opting out or objecting can be found in the
publicly-available case file and website, as described above. You
must mail your request to opt out or your objection by September
23, 2022. The Court will hold a Fairness Hearing on December 13,
2022 at 1:30 p.m. EST to decide whether to approve the Settlements
and any requests for fees, expenses, and service awards for the
class representatives. The Court will also consider a Plan of
Allocation for distributing the Settlement Fund to Settlement Class
Members. If there are objections, the Court will consider them at
the hearing. You do not need to attend the hearing. If you wish
to appear at the hearing, you must file a "Notice of Intention to
Appear" with the Court and you may hire your own attorney to appear
in Court for you at your own expense.
For more information: Go to the website:
GenericDrugsDirectPurchaserSettlement.com or call 877-315-0583 for
more information on the Settlements, the Lawsuit, and your
potential rights and options related to the Settlements. The
website includes, for example, a list of the generic drugs that you
would have had to purchase and a list of the generic drug
manufacturers that you would have had to purchase directly from in
order to be eligible for a payment.
CARDINAL HEALTH: $124MM Class Settlement to be Heard on Oct. 4
--------------------------------------------------------------
TO: ALL PERSONS AND ENTITIES THAT HELD CARDINAL HEALTH, INC.
COMMON STOCK AS OF THE CLOSE OF TRADING ON MAY 25, 2022 AND THAT
CONTINUE TO HOLD CARDINAL HEALTH COMMON STOCK AS OF THE CLOSE OF
TRADING ON OCTOBER 4, 2022.
PLEASE READ THIS SUMMARY NOTICE CAREFULLY AND IN ITS ENTIRETY.
The Court authorized this Summary Notice. This Summary Notice
relates to a proposed settlement (the "Settlement") of a
stockholder derivative action: In re Cardinal Health, Inc.
Derivative Litig., Case No. 2:19-cv-2491 (S.D. Ohio) (the
"Action"). If the Court approves the Settlement, you will be
forever barred from contesting the fairness, adequacy, and
reasonableness of the Settlement and from pursuing the Released
Claims.
The terms and conditions of the Settlement are set out in a
Stipulation and Agreement of Compromise, Settlement, and Release,
dated May 25, 2022 (the "Stipulation"). All capitalized terms used
in this Summary Notice that are not otherwise defined herein have
the meanings provided in the Stipulation and/or Notice.
Subject to the terms and conditions of the Stipulation, the
Settlement will provide Cardinal Health with a gross payment of
$124 million, less any Fee and Expense Award awarded by the Court
to Plaintiffs' Counsel. A more detailed description of the Action
and the Settlement are set forth in the Stipulation as well as the
full Notice to Cardinal Health, Inc. Stockholders of Proposed
Settlement of Stockholder Derivative Action, Settlement Hearing,
and Right to Appear (the "Notice"), both of which are publicly
available for review on Cardinal Health's investor relations
website at ir.cardinalhealth.com.
The Court will hold a Settlement Hearing at 2:00 p.m. on October 4,
2022, either in person at the Joseph P. Kinneary U.S. Courthouse,
Room 167, 85 Marconi Boulevard, Columbus, Ohio 43215, or by
telephone or video conference, to consider whether the Judgment,
substantially in the form of Exhibit B to the Stipulation, should
be entered: (i) approving the terms and conditions of the
Settlement as fair, reasonable, and adequate and in the best
interests of Cardinal Health and its stockholders, (ii) dismissing
the Action with prejudice pursuant to the terms of the Stipulation,
(iii) ruling on the application by Plaintiffs' Counsel for the Fee
and Expense Award, and (iv) ruling on Plaintiffs' application for
service awards.
If you owned Cardinal Health stock (NYSE: CAH) as of the close of
trading on May 25, 2022 and continue to hold Cardinal Health common
stock as of the date of the Settlement Hearing, you may object to
the Settlement, including Plaintiffs' Counsel's application for the
Fee and Expense Award and service awards and appear at the
Settlement Hearing to show cause why the Settlement, Judgment, or
the applications for a Fee and Expense Award and service awards
should not be approved and entered. Any such objections must be
filed with the Court and served on counsel for the Parties no later
than September 13, 2022 in accordance with the instructions set
forth in the Notice.
PLEASE NOTE: Because the Settlement involves the resolution of a
stockholder derivative action, which was brought on behalf of and
for the benefit of the Company, the benefits from the Settlement
will go to Cardinal Health. Individual Cardinal Health
stockholders will not receive any direct payment from the
Settlement. Accordingly, there is no proof of claim form for
stockholders to submit in connection with this Settlement.
Stockholders are not required to take any action in response to
this Summary Notice.
Please visit the Investor Relations section of Cardinal Health's
website to read the full Notice and Stipulation for more
information. You may also email questions to Plaintiffs' Counsel:
Justin Reliford at jreliford@ktmc.com or Jennifer Sarnelli at
jsarnelli@gardylaw.com. PLEASE DO NOT CONTACT THE COURT WITH
QUESTIONS.
By Order of the Court
CHURCHILL DOWNS: Court Approves Settlement in Soileau Suit
-----------------------------------------------------------
Churchill Downs Incorporated disclosed in its Form 10-Q Report for
the quarterly period ended June 30, 2022, filed with the Securities
and Exchange Commission on July 27, 2022, the case captioned "John
L. Soileau, et. al. versus Churchill Downs Louisiana Horseracing,
LLC, Churchill Downs Louisiana Video Poker Company, LLC," Suit No.
14-3873 in the Parish of Orleans Civil District Court, State of
Louisiana has been settled.
The petition defined the "alleged plaintiff class" as quarter horse
owners, trainers and jockeys that have won purses at the "Fair
Grounds Race Course & Slots" facility in New Orleans, Louisiana
since the first effective date of La. R.S. 27:438 and specifically
since 2008.
The petition alleged that Churchill Downs Louisiana Horseracing,
LLC and Churchill Downs Louisiana Video Poker Company, LLC have
collected certain monies through video draw poker devices that
constitute monies earned for purse supplements and all of those
supplemental purse monies have been paid to thoroughbred horsemen
during Fair Grounds' live thoroughbred horse meets. La. R.S. 27:438
requires a portion of those supplemental purse monies to be paid to
quarter-horse horsemen during Fair Grounds' live quarter-horse
meets.
The petition requested that the District Court declare that Fair
Grounds Defendants violated La. R.S. 27:438, issue a permanent and
mandatory injunction ordering Fair Grounds to pay all future
supplements due to the plaintiff class pursuant to La. R.S. 27:438,
and to pay the plaintiff class such sums as it finds to reasonably
represent the value of the sums due to the plaintiff class.
The Louisiana Fourth Circuit Court of Appeals reversed the
Louisiana Racing Commission's previous ruling that the plaintiffs
did not have standing and remanded the matter to the Louisiana
Racing Commission for further proceedings on June 13, 2018.
The company established an accrual for an immaterial amount in the
third quarter of 2019. The parties submitted a settlement agreement
to the District Court on February 14, 2020, following the Louisiana
Racing Commission's approval to transfer the matter to the District
Court for approval and administration of the settlement agreement
on February 12, 2020.
At a hearing on February 18, 2020, the District Court granted
preliminary approval of the settlement agreement and set certain
deadlines relating to actions to be taken by class members. The
settlement agreement requires, among other items, the Fair Grounds
Defendants to pay a certain out-of-pocket amount that is within the
amount for which we established an accrual in the third quarter of
2019 and support legislation that allocates a specified amount of
video poker purse funds to quarter horse purses for races at Fair
Grounds with maximum annual payout caps that are not deemed
material.
On June 13, 2020, the legislation addressed in the settlement
agreement was passed by the legislature and signed into law by the
Governor of Louisiana. The settlement includes a release of claims
against the Fair Grounds Defendants in connection with the
proceeding, although individual plaintiffs may opt-out. Objecting
plaintiffs have filed a notice of appeal of the February 2020 Order
appointing class counsel and certifying a class for settlement
purposes.
On January 28, 2021, the District Court issued a Final Order and
Judgment approving the settlement. The objectors filed a notice of
appeal of the January 28, 2021 Final Order and Judgment. That
appeal has been consolidated with the earlier-filed appeal of the
February 2020 Order appointing class counsel and certifying a class
for settlement purposes.
On December 22, 2021, the Fourth Circuit Court of Appeal entered an
order affirming the orders of the District Court and approving the
settlement. On January 7, 2022, the Fourth Circuit Court of Appeal
denied the objectors' motion for remand and application for
rehearing. On February 6, 2022, the objectors filed a writ of
certiorari with the Louisiana Supreme Court, which was denied on
April 12, 2022. The deadline for the objectors to take further
action expired on July 12, 2022 which is the final settlement
date.
Churchill Downs Incorporated is a racing, online wagering and
gaming entertainment company based in Kentucky.
CISCO SYSTEMS: Mismanages Retirement Plan, Bracalente Alleges
-------------------------------------------------------------
ROBERT BRACALENTE; and BORIS GDALEVICH, individually and on behalf
of all others similarly situated, Plaintiffs v. CISCO SYSTEMS,
INC.; THE BOARD OF TRUSTEES OF CISCO SYSTEMS, INC.; THE
ADMINISTRATIVE COMMITTEE OF THE CISCO SYSTEMS, INC. 401(K) PLAN,
Defendants, Case No. 5:22-cv-04417 (N.D. Cal., July 29, 2022) is an
action against the Defendants for breach of their fiduciary duties
under the Employee Retirement Income Security Act.
According to the Plaintiff in the complaint, the Defendants
selected, retained, and otherwise ratified poorly-performing
investments instead of offering more prudent alternative
investments that were readily available at the time the Defendants
selected and retained the funds at issue and throughout the Class
Period. Since the Defendants have discretion to select the
investments made available to participants, the Defendants'
breaches are the direct cause of the losses, says the suit.
CISCO SYSTEMS, INC. provides information technology and networking
services. The Company offers enterprise network security, software
development, data collaboration, cloud computing, and other related
services. [BN]
The Plaintiff is represented by:
Kolin C. Tang, Esq.
MILLER SHAH LLP
3 Embarcadero Center, Suite 1650
San Francisco, CA 94111
Telephone: (866) 540-5505
Facsimile: (866) 300-7367
Email: kctang@millershah.com
- and -
James E. Miller, Esq.
Laurie Rubinow, Esq.
MILLER SHAH LLP
65 Main Street
Chester, CT 06412
Telephone: (866) 540-5505
Facsimile: (866) 300-7367
Email: jemiller@millershah.com
lrubinow@millershah.com
James C. Shah
- and -
Alec J. Berin, Esq.
MILLER SHAH LLP
1845 Walnut Street, Suite 806
Philadelphia, PA 19103
Telephone: (866) 540-5505
Facsimile: (866) 300-7367
Email: jcshah@millershah.com
ajberin@millershah.com
CITIBANK NA: $155.46MM Class Settlement to be Heard on Nov. 29
--------------------------------------------------------------
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
FUND LIQUIDATION HOLDINGS LLC, as assignee
and successor-in-interest to FrontPoint Asian Event
Driven Fund L.P., et al.,
Plaintiffs,
v.
CITIBANK, N.A., et al.,
Defendants.
Case No.: 1:16-cv-5263 (AKH)
SUMMARY NOTICE OF PROPOSED CLASS ACTION SETTLEMENTS
If you purchased, sold, held, traded, or otherwise had any interest
in SIBOR- and/or SOR-Based Derivatives during the period from
January 1, 2007 through December 31, 2011, your rights may be
affected by pending class action settlements, and you may be
entitled to a portion of the settlement fund.
This Summary Notice is to alert you to proposed Settlements
totaling $155,458,000 reached with Defendants Citibank, N.A. and
Citigroup Inc. ("Citi"), JPMorgan Chase & Co. and JPMorgan Chase
Bank, N.A. ("JPMorgan"), ING Bank N.V. ("ING"), Deutsche Bank AG
("Deutsche Bank"), The Hongkong and Shanghai Banking Corporation
Limited ("HSBC"), Credit Suisse AG ("Credit Suisse"), Australia and
New Zealand Banking Group, Ltd. ("ANZ"), Bank of America, N.A.
("BOA"), Barclays Bank PLC ("Barclays"), BNP Paribas, S.A.
("BNPP"), Commerzbank AG ("Commerzbank"), Crédit Agricole
Corporate and Investment Bank ("CACIB"), DBS Bank Ltd. ("DBS"),
MUFG Bank, Ltd. (f/k/a The Bank of Tokyo-Mitsubishi UFJ, Ltd.)
("MUFG"), Oversea-Chinese Banking Corporation Limited ("OCBC"), The
Royal Bank of Scotland plc (n/k/a NatWest Markets plc) ("RBS"),
Standard Chartered Bank ("SCB"), UBS AG ("UBS"), and United
Overseas Bank Limited ("UOB" and collectively with ANZ, BOA,
Barclays, BNPP, Commerzbank, CACIB, DBS, MUFG, OCBC, RBS, SCB, and
UBS, the "Group Defendants," and collectively with Citi, JPMorgan,
ING, Deutsche Bank, and HSBC, the "Settling Defendants") in a
pending class action (the "Action"). The Settling Defendants deny
any liability, fault, or wrongdoing of any kind in connection with
the allegations in the Action.
The United States District Court for the Southern District of New
York (the "Court") authorized this Summary Notice and has appointed
the lawyers listed below to represent the Settlement Class in this
Action:
Vincent Briganti
Lowey Dannenberg, P.C.
44 South Broadway, Suite 1100
White Plains, NY 10601
Telephone: (914) 733-7221
Email: siborsettlement@lowey.com
Who is a member of the Settlement Class?
Subject to certain exceptions, the proposed Settlement Class
consists of all Persons (including both natural persons and
entities) who purchased, sold, held, traded, or otherwise had any
interest in SIBOR- and/or SOR-Based Derivatives (as those terms are
defined below) during the period from January 1, 2007 through
December 31, 2011 (the "Class Period").
"SIBOR- and/or SOR-Based Derivatives" means (i) a SIBOR- and/or
SOR-based interest rate swap entered into by a U.S. Person, or by a
Person from or through a location within the U.S.; (ii) an option
on a SIBOR- and/or a SOR-based interest rate swap ("swaption")
entered into by a U.S. Person, or by a Person from or through a
location within the U.S.; (iii) a Singapore Dollar currency forward
agreement entered into by a U.S. Person, or by a Person from or
through a location within the U.S.; (iv) a SIBOR- and/or SOR-based
forward rate agreement entered into by a U.S. Person, or by a
Person from or through a location within the U.S; and/or (v) a
SIBOR- and/or SOR-based foreign exchange swap entered into by a
U.S. Person, or by a Person from or through a location within the
U.S. For the avoidance of doubt, all references herein to
transactions of any kind entered into by a Person "through a
location within the U.S." include transactions that by operation of
a forum selection clause or other contractual provision provide for
jurisdiction in any state or federal court within the U.S. in the
event of a dispute.
"SIBOR" means the Singapore Interbank Offered Rate. This term
includes USD SIBOR and SGD SIBOR. "SOR" means the Singapore Swap
Offer Rate ("SOR").
The other capitalized terms used in this Summary Notice are defined
in the detailed Notice of Proposed Class Action Settlements,
November 29, 2022 Fairness Hearing Thereon, and Class Members'
Rights ("Notice") and in the Settlement Agreements, which are
available at www.siborsettlement.com.
If you are not sure if you are included in the Settlement Class,
you can get more information, including the detailed Class Notice,
at www.siborsettlement.com or by calling toll-free 1-877-777-9321
(if calling from outside the United States or Canada, call
1-414-961-4867).
What is this lawsuit about and what do the Settlements provide?
Representative Plaintiffs allege that Defendants, including the
Settling Defendants, unlawfully and intentionally manipulated two
benchmark interest rates, the Singapore Interbank Offered Rate and
the Singapore Swap Offer Rate, to fix the prices of SIBOR- and/or
SOR-Based Derivatives in violation of the Sherman Act, 15 U.S.C. §
1, et seq., the Racketeer Influenced and Corrupt Organizations Act,
18 U.S.C. §§ 1961-1968, and the common law during the Class
Period. Representative Plaintiffs allege that Settling Defendants,
as members of the panels that set SIBOR and SOR, made artificial
submissions that did not reflect the true cost of borrowing funds
in Singapore but were, instead, intended to fix the prices of
SIBOR- and SOR-Based Derivatives. Representative Plaintiffs allege
that Settling Defendants caused the profitability of their own
SIBOR- and/or SOR-Based Derivatives positions to increase and
caused Class Members to be overcharged or underpaid in SIBOR-
and/or SOR-Based Derivatives transactions.
The Settling Defendants maintain that they have good and
meritorious defenses to Representative Plaintiffs' claims and would
prevail if the case were to proceed. Nevertheless, to settle the
claims in this lawsuit, and thereby avoid the expense and
uncertainty of further litigation, Citi has agreed to pay a total
of $9,990,000; JPMorgan has agreed to pay a total of $10,989,000;
ING has agreed to pay a total of $10,490,000; Credit Suisse has
agreed to pay a total of $10,989,000; Deutsche Bank has agreed to
pay a total of $11,000,000; HSBC has agreed to pay a total of
$11,000,000; and the Group Defendants have agreed to pay a total of
$91,000,000 (collectively, the "Settlement Funds") in cash for the
benefit of the proposed Settlement Class. If the Settlements are
approved, the Settlement Funds, plus interest earned from the date
they were established, less any taxes, the reasonable costs of
Class Notice and administration, any Court-awarded attorneys' fees,
litigation expenses and costs, Incentive Awards for Representative
Plaintiffs, and any other costs or fees approved by the Court (the
"Net Settlement Funds") will be divided among all Class Members who
file timely and valid Proof of Claim and Release Forms ("Claim
Forms").
Will I get a payment?
If you are a Settlement Class Member and do not opt out, you may be
eligible for a payment under the Settlements if you file a Claim
Form. You may obtain more information at www.siborsettlement.com
or by calling toll-free 1-877-777-9321 (if calling from outside the
United States or Canada, call 1-414-961-4867).
Claim Forms must be postmarked by DECEMBER 29, 2022 or submitted
online at www.siborsettlement.com on or before 11:59 p.m. Eastern
time on DECEMBER 29, 2022.
What are my rights?
If you are a member of the Settlement Class and do not opt out, you
will release certain legal rights against the Settling Defendants
and Released Parties as explained in the detailed Notice and
Settlement Agreements, which are available at
www.siborsettlement.com. If you do not want to take part in one or
more of the proposed Settlements, you must opt out by OCTOBER 17,
2022. You may object to the proposed Settlements, the Distribution
Plan, and/or Plaintiffs' Counsel's request for attorneys' fees,
payment of litigation costs and expenses, and any Incentive Awards
to Representative Plaintiffs. If you want to object, you must do
so by OCTOBER 17, 2022. Information on how to opt out or object is
contained in the detailed Notice, which is available at
www.siborsettlement.com.
When is the Fairness Hearing?
The Court will hold a hearing from the United States District Court
for the Southern District of New York, at the Daniel Patrick
Moynihan U.S. Courthouse, Courtroom 14D, located at 500 Pearl
Street, New York, NY 10007, on NOVEMBER 29, 2022, at 12:00 p.m.
Eastern Time to consider whether to finally approve the proposed
Settlements, Distribution Plan, the application for an award of
attorneys' fees and payment of litigation costs and expenses, and
the application for Incentive Awards for the Representative
Plaintiffs. You or your lawyer may ask to participate and speak at
the hearing, but you do not have to. Any changes to the time and
place of the Fairness Hearing, or other deadlines, will be posted
to www.siborsettlement.com as soon as is practicable.
For more information, call toll-free 1-877-777-9321 (if calling
from outside the United States or Canada, call 1-414-961-4867) or
visit www.siborsettlement.com.
**** Please do not call the Court or the Clerk of the Court for
information about the Settlements. ****
CITIGROUP INC: Gomes Alleges Illegal Debt Collection Practices
--------------------------------------------------------------
KAREN GOMES, individually and on behalf of all those similarly
situated, Plaintiff v. CITIGROUP, INC. D/B/A CITIBANK, N.A.,
Defendant, Case No. CACE-22-010359 (Fla. Cir., 17th Judicial,
Broward Cty., July 15, 2022) arises from the Defendant's violation
of the Florida Consumer Collection Practices Act.
According to the complaint, the Defendant sent multiple electronic
communications to Plaintiff in connection with the collection of
the consumer debt. Each of the electronic communications were sent
to Plaintiff between the hours of 9:00 PM and 8:00 AM in the time
zone of Plaintiff. The Defendant did not have the consent of
Plaintiff to communicate with her between the hours of 9:00 PM and
8:00 AM. As such, by and through each of the electronic
communications, Defendant violated FCCPA, says the suit.
The Plaintiff is the alleged debtor of the consumer debt.
Citigroup, Inc., d/b/a Citibank, N.A, is an American multinational
investment bank and financial services corporation headquartered in
New York City.[BN]
The Plaintiff is represented by:
Jibrael S. Hindi, Esq.
Jennifer G. Simil, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
E-mail: jibrael@jibraellaw.com
jen@jibraellaw.com
COINBASE GLOBAL: Tarvirdi Sues Over Cryptocurrency Security
-----------------------------------------------------------
ARAMIK TARVIRDI, individually and on behalf of all others similarly
situated; STEVE MINTZ, individually and on behalf of all others
similarly situated, Plaintiffs v. COINBASE GLOBAL, INC., a Delaware
Corporation; COINBASE, INC., a Delaware Corporation, Defendants,
Case No. 22STCV24622 (Cal. Sup., Los Angeles Cty., July 29, 2022)
is an action by the Plaintiff and the class who lost money and
cryptocurrency from the Defendants due to their lax security
protocols and reckless disregard for the security of clients'
assets.
According to the complaint, Coinbase advertises their platform as a
way to "simply and securely buy, sell, and manage hundreds of
cryptocurrencies." In reality, Coinbase as sacrificed security for
ease of use. Coinbase's default wallet is a hot wallet. A hot
wallet is connected to the internet and is enabled for
transactions.
Coinbase eschews industry standards of cold wallets and cooldown
times for transfers to new addresses in favor for a simplified
trading process. These are just some of the examples where Coinbase
cuts corners in security. Consumers are then left at the mercy of
hackers and other nefarious parties who exploit these
vulnerabilities to drain victims accounts in an instant, says the
suit.
COINBASE GLOBAL, INC. provides financial solutions. The Company
offers platform to buy and sell cryptocurrencies. Coinbase Global
serves clients worldwide. [BN]
The Plaintiff is represented by:
Walter J. Lack, Esq.
Daniel C. Whalen, Esq.
ENGSTROM LIPSCOMB & LACK
10100 Santa Monica Boulevard, 12th Floor
Los Angeles, CA 90067-4113
Telephone: (310) 552-3800
Facsimile: (310) 552-9434
Email: dcwhalen@elllaw.com
CONTROL GROUP MEDIA: Ramirez Files Suit in S.D. California
----------------------------------------------------------
A class action lawsuit has been filed against The Control Group
Media Company, LLC, et al. The case is styled as Rogelio Ramirez,
on behalf of himself and all others similarly situated v. The
Control Group Media Company, LLC, PeopleConnect, Inc., Instant
Checkmate, LLC, TruthFinder, LLC, Intelius LLC, Case No.
3:22-cv-01128-L-BGS (S.D. Cal., Aug. 1, 2022).
The nature of suit is stated as Other Personal Property.
The Control Group -- http://thecontrolgroup.com/-- is an online
development and web marketing company based in San Diego,
California.[BN]
The Plaintiff is represented by:
Yaman Salahi, Esq.
EDELSON PC
150 California Street, 18th Floor
San Francisco, CA 94111
Phone: (415) 212-9300
Fax: (415) 373-9435
Email: ysalahi@edelson.com
COOKS JUNCTION: Dicks Files ADA Suit in S.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Cooks Junction, Inc.
The case is styled as Valerie Dicks, on behalf of herself and all
others similarly situated v. Cooks Junction, Inc., Case No.
1:22-cv-06495 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Cooks Junction, Inc. -- http://www.cooksjunction.com/-- offers a
dazzling array of kitchen goods including cookware, knives,
glassware, ceramics, linens, gadgets, and more.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
COSTCO WHOLESALE: Tuna Products Deceptively Labeled, Wright Alleges
-------------------------------------------------------------------
MELINDA WRIGHT, individually and on behalf of all others similarly
situated v. COSTCO WHOLESALE CORPORATION, a Washington corporation,
Case No. 1:22-cv-04343 (N.D. Cal., July 27, 2022) alleges that
Costco falsely and deceptively advertises and labels its tuna
products, including its Kirkland Signature White Albacore Tuna in
Water, as "DOLPHIN SAFE".
According to the complaint, Costco's false advertising scheme
deceives millions of consumers into believing the Products are
"DOLPHIN SAFE," meaning they are manufactured using fishing methods
that neither kill nor harm dolphins. However, the grim reality is
that the Products are sourced using fishing methods that seriously
injure and kill thousands of dolphins and other marine life each
year, says the suit.
Costco knowingly and intentionally labels and advertises its
Products as "DOLPHIN SAFE," to increase profits at the expense of
sustainability concerned consumers and innocent marine life, while
gaining an unfair economic advantage over their law-abiding
competitors that sell truly "DOLPHIN SAFE" tuna products, the suit
added.
The Plaintiff purchased the Product from a Costco store located in
Ukiah, California in 2021. The Plaintiff paid approximately $15.00
for a pack of 8 cans of the Product.
Costco is an American multinational corporation which operates a
chain of membership-only big-box retail stores.[BN]
The Plaintiff is represented by:
Ryan J. Clarkson, Esq.
Bahar Sodaify, Esq.
Christina N. Mirzaie, Esq.
CLARKSON LAW FIRM, P.C.
22525 Pacific Coast Highway
Malibu, CA 90265
Telephone: (213) 788-4050
Facsimile: (213) 788-4070
E-mail: rclarkson@clarksonlawfirm.com
bsodaify@clarksonlawfirm.com
cmirzaie@clarksonlawfirm.com
CPI AEROSTRUCTURES: $3.6MM Settlement to be Heard on Sept. 9
------------------------------------------------------------
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MARK A. RODRIGUEZ, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
CPI AEROSTRUCTURES, INC., DOUGLAS
McCROSSON and VINCENT PALAZZOLO,
CANACCORD GENUITY LLC and B. RILEY
FBR,
Defendants.
Civil Action No. 1:20-cv-00982
CLASS ACTION
RUSSELL GARRETT, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
CPI AEROSTRUCTURES, INC., DOUGLAS
McCROSSON and VINCENT PALAZZOLO,
CANACCORD GENUITY LLC and B. RILEY
FBR,
Defendants.
Civil Action No. 1:20-cv-01026
CLASS ACTION
SUMMARY NOTICE OF PROPOSED SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS WHO PURCHASED CPI AEROSTRUCTURES, INC. ("CPI"
OR THE "COMPANY") COMMON STOCK DURING THE PERIOD BETWEEN MARCH 22,
2018 THROUGH FEBRUARY 14, 2020, INCLUSIVE, INCLUDING PURCHASERS OF
CPI COMMON STOCK PURSUANT AND/OR TRACEABLE TO CPI'S OFFERING
CONDUCTED ON OR ABOUT OCTOBER 17, 2018 ("CLASS" OR "CLASS
MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held via
teleconference on September 9, 2022 at 11:15 a.m., before the
Honorable Cheryl L. Pollak, to determine whether: (1) the proposed
settlement (the "Settlement") of the above-captioned actions as set
forth in the Stipulation of Settlement ("Stipulation")1 for
$3,600,000 in cash should be approved by the Court as fair,
reasonable, and adequate; (2) the Judgment as provided under the
Stipulation should be entered dismissing the Litigation with
prejudice; (3) to award Lead Counsel attorneys' fees and expenses
out of the Settlement Fund (as defined in the Notice of Pendency
and Proposed Settlement of Class Action ("Notice"), which is
discussed below) and, if so, in what amount; and (4) the Plan of
Allocation should be approved by the Court as fair, reasonable, and
adequate.
In order to determine whether the date and time of the Settlement
Hearing have changed, it is important that you monitor the Court's
docket and the Settlement website,
www.CPIAerostructuresSecuritiesSettlement.com, before making any
plans to attend the Settlement Hearing. Any and all updates
regarding the Settlement Hearing, including any changes to the date
or time of the hearing, will be posted to the Settlement website,
www.CPIAeroStructuresSecuritiesSettlement.com. Also, the
information for accessing the conference is posted to the
Settlement website, www.CPIAeroStructuresSecuritiesSettlement.com.
IF YOU PURCHASED CPI COMMON STOCK BETWEEN MARCH 22, 2018 THROUGH
FEBRUARY 14, 2020, INCLUSIVE, YOUR RIGHTS MAY BE AFFECTED BY THE
SETTLEMENT OF THIS LITIGATION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than September
26, 2022) or electronically (no later than September 26, 2022).
Your failure to submit your Proof of Claim by September 26, 2022,
will subject your claim to rejection and preclude your receiving
any of the recovery in connection with the Settlement of this
Litigation. If you purchased CPI common stock between March 22,
2018 through February 14, 2020, inclusive, and do not request
exclusion from the Class, you will be bound by the Settlement and
any judgment and release entered in the Litigation, including, but
not limited to, the Judgment, whether or not you submit a Proof of
Claim.
If you have not received a copy of the Notice, which more
completely describes the Settlement and your rights thereunder
(including your right to object to the Settlement), and a Proof of
Claim, you may obtain these documents, as well as a copy of the
Stipulation (which, among other things, contains definitions for
the defined terms used in this Summary Notice) and other Settlement
documents, online at www.CPIAeroStructuresSecuritiesSettlement.com,
or by writing to:
CPI AeroStructures Securities Settlement
c/o A.B. Data, Ltd.
P.O. Box 173056
Milwaukee, WI 53217
Inquiries should NOT be directed to Defendants, the Court, or the
Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 800/449-4900
ROBBINS LLP
STEPHEN J. ODDO
5040 Shoreham Place
San Diego, CA 92122
Telephone: 800/350-6003
IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A
REQUEST FOR EXCLUSION SUCH THAT IT IS POSTMARKED BY AUGUST 19,
2022, IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL CLASS
MEMBERS WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT
A TIMELY PROOF OF CLAIM.
IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE
SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD COUNSEL FOR
AN AWARD OF ATTORNEYS' FEES NOT TO EXCEED 20% OF THE $3,600,000
SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $50,000. ANY
OBJECTIONS MUST BE FILED WITH THE COURT AND SENT TO LEAD COUNSEL
AND DEFENDANTS' COUNSEL BY AUGUST 19, 2022, IN THE MANNER AND FORM
EXPLAINED IN THE NOTICE.
DATED: June 7, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
1 The Stipulation can be viewed and/or obtained at
www.CPIAeroStructuresSecuritiesSettlement.com.
CROSS COUNTRY: Fails to Pay Proper Wages, Baxter Suit Alleges
-------------------------------------------------------------
JOSHUA BAXTER, individually and on behalf of all others similarly
situated, Plaintiff v. CROSS COUNTRY HEALTHCARE, INC.; and TRAVEL
STAFF, LLC, Defendants, Case No. 9:22-cv-81137-XXXX (S.D. Fla.,
July 29, 2022) is an action against the Defendants for unpaid
regular hours, overtime hours, minimum wages, wages for missed meal
and rest periods.
Plaintiff Baxter was employed by the Defendants as nurse.
CROSS COUNTRY HEALTHCARE, INC. provides healthcare staffing
services in the United States. The Company offers travel nurse and
allied health, per diem nurse, and clinical research trials
staffing. Cross Country Healthcare provides placement of allied
healthcare professionals such as radiology technicians and
rehabilitation therapists. [BN]
The Plaintiff is represented by:
Gregg I. Shavitz, Esq.
Alan L. Quiles, Esq.
SHAVITZ LAW GROUP, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Telephone: (561) 447-8888
Facsimile: (561) 447-8831
Email: gshavitz@shavitzlaw.com
aquiles@shavitzlaw.com
- and -
J. Austin Moore, Esq.
Alexander T. Ricke, Esq.
K. Ross Merrill, Esq.
STUEVE SIEGEL HANSON LLP
460 Nichols Road, Suite 200
Kansas City, MO 64112
Telephone: (816) 714-7100
Facsimile: (816) 714-7101
Email: moore@stuevesiegel.com
ricke@stuevesiegel.com
merrill@stuevesiegel.com
DAIRY FARMERS: Faces S.R.J.F. Suit Over Raw Milk Market Monopoly
----------------------------------------------------------------
S.R.J.F., INC., individually and on behalf of all others similarly
situated, Plaintiff vs. DAIRY FARMERS OF AMERICA, INC., Defendant,
Case No. 2:22-cv-00147-cr (D. Vermont, July 29, 2022) alleges
violation of the Sherman Act.
According to the complaint, Dairy Farmers of America, Inc. (DFA) is
a dairy farmer cooperative. Its core function is to facilitate its
farmer members' collective bargaining with the dairy processors
that purchase their raw Grade A milk for a competitive price. In
fact, DFA has a duty to its members to secure the highest price for
their milk.
But DFA expanded into dairy processing, creating an inherent
conflict of interest between its members' interest in receiving the
highest price for their raw milk and its processor holdings'
interests in buying raw milk at the lowest price. DFA structured
its business to thrive in a low-price, high-supply raw milk
environment - exactly the kind of environment that benefits its
processor holdings, at the expense of its member farmers' milk
checks, says the suit.
DFA could pay out the profits of its processing operations to its
member farmers, but it does not. DFA has hoarded that cash, using
it, and a ballooning amount of debt borrowed against its members'
equity, to undertake a seemingly endless series of mergers and
acquisitions - fueled by a desire for what this Court recently
described as "empire building." At the cooperative level, DFA: (a)
used its monopsony power to create a price environment that pushed
other dairy co-operatives to the brink of insolvency, leaving those
co-operatives with no choice but to join DFA through merger; (b)
purchased milk-hauling fleets that served non-DFA farmers and
withdrew those vital services unless those non-DFA farmers joined
DFA; (c) attempted to manipulate the Federal Milk Marketing Order
("FMMO") pooling rules to both continue to set low price raw milk
prices and to disadvantage DFA's non-member farmer customers; and
(d) failing that, withdrew its fee-based marketing services for
non-DFA members, leaving non-DF A member customers without
alternative access to market unless they joined DFA, the suit
alleges.
Dairy Farmers of America, Inc. (DFA) operates as a dairy
cooperative. The Company manufactures and markets milk, ice cream,
butter, frozen yogurt, cream, cheese, and other dairy products. DFA
markets serves customers in the United States.
The Plaintiff is represented by:
Chris Mc Veigh, Esq.
William B. Skiff, Esq.
MCVEIGH SKIFF ATTORNEY AT LAW
30 Elmwood Avenue
Burlington, VT 05401
Telephone: (802) 660-2466
Email: chris@mcveighskiff.com
bill@mcveighskiff.com
- and -
W. Joseph Bruckner,Esq.
Brian D. Clark, Esq.
Stephen J. Teti, Esq.
LOCKRIDGE GRINDAL NAUEN P.L.L.P.
100 Washington Avenue South, Suite 2200
Minneapolis, MN 55401
Telephone: (612) 339-6900
Facsimile: (612) 339-0981
Email: wjbruckner@locklaw.com
bdclark@locklaw.com
sjteti@locklaw.com
- and -
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
1301 Second Avenue, Suite 2000
Seattle, WA 98101
Telephone: (206) 623-7292
Facsimile: (206) 623-0594
Email: steve@hbsslaw.com
- and -
Shana E. Scarlett, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
715 Hearst A venue, Suite 202
Berkeley, CA 94710
Telephone: (510) 725-3000
Facsimile: (510) 725-3001
Email: shanas@hbsslaw.com
- and -
Elaine T. Byszewski, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP
301 North Lake Avenue, Suite 920
Pasadena, CA 91101
Telephone: (213) 330-7150
Facsimile: (213) 330-7152
Email: elaine@hbsslaw.com
- and -
David R. Scott, Esq.
Patrick J. McGahan, Esq.
Michael P. Srodoski, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 Main Street
P.O. Box 192
Colchester, CT 06415
Telephone: (860) 537-5537
Facsimile: (860) 537-4432
Email: david.scott@scott-scott.com
pmcgahan@scott-scott.com
msrodoski@scott-scott.com
- and -
Christopher M. Burke, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
600 W. Broadway, Suite 3300
San Diego, CA 92101
Telephone: (619) 233-4565
Facsimile: (619) 233-0508
Email: cburke@scott-scott.com
- and -
Thomas Boardman, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
Telephone: (212) 223-6444
Facsimile: (212) 223-6334
Email: tboardman@scott-scott.com
DILLON LOGISTICS: Siegesmund Suit Moved From M.D. Fla. to D. Del.
-----------------------------------------------------------------
The case styled CORY SIEGESMUND, individually and on behalf of all
others similarly situated v. DILLON LOGISTICS, INC., Case No.
8:21-cv-02107, was transferred from the U.S. District Court for the
Middle District of Florida to the U.S. District Court for the
District of Delaware on July 28, 2022.
The Clerk of Court for the District of Delaware assigned Case No.
1:22-cv-00991-UNA to the proceeding.
The case arises from the Defendant's alleged violation of the
Worker Adjustment and Retraining Notification Act of 1988 by
failing to provide the Plaintiff and all other similarly situated
former employees at least 60 days' advance notice of their
terminations.
Dillon Logistics, Inc. is a logistics services company doing
business in Florida. [BN]
The Plaintiff is represented by:
Ryan D. Barack, Esq.
KWALL BARACK NADEAU PLLC
304 S. Belcher Road, Suite C
Clearwater, FL 33765
Telephone: (727) 441-4947
Facsimile: (727) 447-3158
E-mail: rbarack@employeerights.com
DUQUESNE UNIVERSITY: Delacruz Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Duquesne University
Of The Holy Spirit. The case is styled as Emanuel Delacruz, on
behalf of himself and all other persons similarly situated v.
Duquesne University Of The Holy Spirit, Case No. 1:22-cv-06522
(S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Duquesne University of the Holy Spirit -- https://www.duq.edu/ --
is a private research university in Pittsburgh, Pennsylvania.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
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
EASY GAS: Mavruk Sues Over Gas Station Attendants' Unpaid Wages
---------------------------------------------------------------
ORHAN MAVRUK, individually and on behalf of others similarly
situated, Plaintiff v. EASY GAS, INC., and any other related
individuals and/or entities, Defendants, Case No. 2:22-cv-04173
(E.D.N.Y., July 15, 2022) seeks redress against Defendants for the
systematic failure by Defendants to provide the required minimum
wage and overtime wages and spread of hour wages, and for their
failure to provide wage payment statements and wage theft
prevention act notifications in violation of the Fair Labor
Standards Act and the New York Labor Law.
The Plaintiff has worked for Defendants as a gas station attendant
from approximately 2016 through the present.
Easy Gas, Inc. owns and operates a gas station in Medford, New
York.[BN]
The Plaintiff is represented by:
Laura R. Reznick, Esq.
BELL LAW GROUP, PLLC
116 Jackson Ave.
Syosset, NY 11791
Telephone: (516) 280-3008
E-mail: lr@Belllg.com
EIGHT ELEVEN: Fails to Pay Proper Wages, Denham Suit Alleges
------------------------------------------------------------
EVAN DENHAM, individually and on behalf of all others similarly
situated Plaintiff v. EIGHT ELEVEN GROUP, LLC f/k/a TECHNICAL
YOUTH, LLC, Defendant, Case No. 3:22-cv-00531 (E.D. Va., July 29,
2022) seeks to recover from the Defendants unpaid wages and
overtime compensation, interest, liquidated damages, attorneys'
fees, and costs under the Fair Labor Standards Act.
Plaintiff Denham was employed by the Defendant as technician.
EIGHT ELEVEN GROUP, LLC f/k/a TECHNICAL YOUTH, LLC is a healthcare
technology company providing access to IT professionals whose
expertise is in the field of medical software. [BN]
The Plaintiff is represented by:
Harris D. Butler, III, Esq.
Craig J. Curwood, Esq.
Zev H. Antell, Esq.
BUTLER CURWOOD, PLC
140 Virginia Street, Suite 302
Richmond, VA 23219
Telephone: (804) 648-4848
Facsimile: (804) 237-0413
Email: harris@butlercurwood.com
craig@butlercurwood.com
zev@butlercurwood.com
ELEVATE CARE: Baker BIPA Class Suit Removed to N.D. Illinois
------------------------------------------------------------
The case styled KARYN BAKER, individually and on behalf of all
others similarly situated v. ELEVATE CARE, INC. and ELEVATE CARE
CHICAGO NORTH, LLC, Case No. 2022CH05869, was removed from the
Circuit Court of Cook County, Illinois, to the U.S. District Court
for the Northern District of Illinois on July 28, 2022.
The Clerk of Court for the Northern District of Illinois assigned
Case No. 1:22-cv-03933 to the proceeding.
The case arises from the Defendants' alleged violations of the
Illinois Biometric Information Privacy Act.
Elevate Care, Inc. is a skilled nursing care services provider in
Illinois.
Elevate Care Chicago North, LLC is an owner and operator of a
skilled nursing facility located in Chicago, Illinois. [BN]
The Defendants are represented by:
Melissa A. Siebert, Esq.
Matthew C. Wolfe, Esq.
SHOOK, HARDY & BACON L.L.P.
111 South Wacker Drive, Suite 4700
Chicago, IL 60606
Telephone: (312) 704-7700
Facsimile: (312) 558-1195
E-mail: masiebert@shb.com
mwolfe@shb.com
- and –
Elisabeth A. Hutchinson, Esq.
SHOOK, HARDY & BACON L.L.P.
1660 17th Street, Suite 450
Denver, CO 80202-1254
Telephone: (303) 285-5300
Facsimile: (303) 285-5301
E-mail: ehutchinson@shb.com
ENBRIDGE US: Misclassifies Inspectors, Whitaker Suit Alleges
------------------------------------------------------------
JAMES WHITAKER individually and on behalf of all others similarly
situated, Plaintiff v. ENBRIDGE (U.S.) INC. Defendant, Case No.
4:22-cv-02354 (S.D. Tex., July 14, 2022) is brought by the
Plaintiff to recover unpaid overtime wages and other damages from
the Defendant under the Fair Labor Standards Act.
Mr. Whitaker has worked as an inspector for Enbridge since August
2020. He asserts that Enbridge paid him and each of similarly
situated workers a flat amount for each day worked and failed to
pay them overtime for all hours that they worked in excess of 40
hours in a workweek.
Enbridge (U.S.) Inc. is an energy transportation company.[BN]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH, P.L.L.C.
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
EVLUTION NUTRITION: Weinholtz Sues Over Energy Powders' False Ad
----------------------------------------------------------------
SILVER WEINHOLTZ, on behalf of all those similarly situated,
Plaintiff v. EVLUTION NUTRITION LLC, a Florida limited liability
company, Defendant, Case No. 3:22-cv-01031-L-MDD (S.D. Cal., July
14, 2022) alleges that BCAA Energy powders manufactured, packaged,
labeled, advertised, distributed and sold by the Defendant are
misbranded and falsely advertised in California and otherwise
violate California's Business and Professions Code and the Consumer
Legal Remedies Act.
Defendant Evlution formulates, manufactures, and sells a number of
pre-workout dietary supplements that are meant to support recovery,
among other health benefits. Among those are Evlution's BCAA Energy
powders (acai berry and lemon lime flavors).
According to the complaint, the Defendant labels and advertises the
products as if they were exclusively naturally flavored to appeal
to consumers who seek out natural food products and are willing to
pay more for them. All of the back labels of the products also
state that they contain "Natural Flavors," with no other explicit
flavoring statement made in the ingredients list. However, these
label claims are allegedly false because the products are
artificially flavored, says the suit.
Each of the Products contains an ingredient identified as "malic
acid." While there is a naturally occurring form of malic acid, it
is extremely expensive to formulate in large quantities and is
almost never used in mass-produced food products. Instead, the
malic acid that Defendant uses in these products is "DL malic
acid," a synthetic petrochemical, the suit adds.
Plaintiff Weinholtz purchased Evlution's BCAA Energy powder, acai
berry flavor, from third-party retailer Amazon.com on November 4,
2021. He asserts that he suffered economic injury by Defendant's
fraudulent and deceptive conduct.[BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
CHARLES C. WELLER, APC
11412 Corley Court
San Diego, CA 92126
Telephone: (858) 414-7465
Facsimile: (858) 300-5137
E-mail: legal@cweller.com
FINANCE SYSTEM: Hartung Files FDCPA Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Finance System of
Richmond Inc., et al. The case is styled as Douglas Hartung,
individually and on behalf of all others similarly situated v.
Finance System of Richmond Inc. doing business as: Radiologybill,
Does 1-10, Case No. 3:22-cv-01125-AJB-WVG (S.D. Cal., Aug. 1,
2022).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
Finance System, Inc. business as Radiologybill --
https://www.radbills.com/ -- is a third generation family owned and
operated accounts receivable management company delivering
unbeatable service since 1955.[BN]
The Plaintiff is represented by:
Andrew Paul Rundquist, Esq.
LAW OFFICE OF ANDREW P RUNDQUIST
501 W Broadway Suite A144
San Diego, CA 92101
Phone: (619) 992-9148
Email: andrew@rundquistlaw.com
FUNKO INC: $7MM Class Settlement to be Heard on Nov. 7
------------------------------------------------------
Pomerantz LLP and Bernstein Liebhard LLP on Aug. 2 disclosed that
the United States District Court for the Central District of
California has approved the following announcement of a proposed
class action settlement that would benefit purchasers of Funko,
Inc. common stock (NASDAQ: FNKO):
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION, PROPOSED SETTLEMENT,
MOTION FOR ATTORNEYS' FEES AND EXPENSES, AND SETTLEMENT FAIRNESS
HEARING
To: All persons and entities who or which purchased the
common stock of Funko, Inc. ("Funko") on the open market during
the period from August 8, 2019 to March 5, 2020, inclusive, and who
were damaged thereby ("Settlement Class").
Certain persons and entities are excluded from the Settlement Class
as set forth in detail in the Stipulation and Agreement of
Settlement, dated June 3, 2022 ("Stipulation") and the Internet
Notice described below.
PLEASE READ THIS NOTICE CAREFULLY; YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
ADDITIONAL INFORMATION ABOUT THE SETTLEMENT IS AVAILABLE ON THE
SETTLEMENT WEBSITE, www.strategicclaims.net/Funko/.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Central District of California (the "Court"), that the
Court-appointed Lead Plaintiffs, on behalf of themselves and the
proposed Settlement Class, and defendants Funko, Inc. ("Funko"),
Brian Mariotti, Jennifer Fall Jung, Andrew Perlmutter, Ken Brotman,
Gino Dellomo, Adam Kriger, ACON Investments, LLC, ACON Funko
Manager, LLC, ACON Funko Investors, LLC, ACON Funko Investors
Holdings 1, LLC, ACON Funko Investors Holdings 2, LLC, ACON Funko
Investors Holdings 3, LLC, and ACON Equity GenPar, LLC
(collectively, the "Defendants") have reached a proposed settlement
of the claims in the above-captioned class action (the "Action") in
the amount of $7,000,000 (the "Settlement").
A hearing will be held before the Honorable Virginia A. Phillips,
on November 7, 2022, at 2:00 p.m., in the United States District
Court for the Central District of California, First Street U.S.
Courthouse, 350 W. 1st Street, Courtroom 8A, 8th Floor, Los
Angeles, CA 90012 (the "Settlement Hearing") to, among other
things, to determine whether to: (i) approve the proposed
Settlement as fair, reasonable, and adequate; (ii) dismiss the
Action with prejudice as provided in the Stipulation; (iii) certify
the Action as a class action on behalf of the Settlement Class,
certify Lead Plaintiffs as Class Representatives for the Settlement
Class, and appoint Lead Counsel as Class Counsel for the Settlement
Class; (iv) approve the proposed Plan of Allocation for
distribution of the settlement funds to Settlement Class Members
(the "Net Settlement Fund"); (v) approve Lead Counsel's application
for an award of attorneys' fees of up to 25% of the Settlement Fund
and reimbursement of Litigation Expenses of up to $275,000, which
includes costs and expenses to Lead Plaintiffs of up to $18,000
each; and (vi) to consider any other matters that may properly be
brought before the Court in connection with the Settlement. The
Court may change the date of the Settlement Hearing, or hold it
telephonically, without providing another notice. You do NOT need
to attend the Settlement Hearing to receive a distribution from the
Net Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS WILL BE
AFFECTED BY THE PROPOSED SETTLEMENT, AND YOU MAY BE ENTITLED TO A
MONETARY PAYMENT. You may obtain a Proof of Claim and Release Form
("Claim Form") and review the Internet Notice of Pendency and
Proposed Settlement of Class Action ("Internet Notice") on the
website www.strategicclaims.net/Funko/ or by contacting the Claims
Administrator at:
Funko, Inc. Securities Litigation
c/o Strategic Claims Services
600 N. Jackson St., Suite 205
P.O. Box 230
Media, PA 19063
Toll-Free: (866) 274-4004
Fax: (610) 565-7985
info@strategicclaims.net
https://www.strategicclaims.net/Funko/
Inquiries, other than requests for the Internet Notice and Claim
Form or for information about the status of a claim, may also be
made to Lead Counsel:
BERNSTEIN LIEBHARD LLP
Stephanie M. Beige, Esq.
10 East 40th Street, 28th Floor
New York, NY 10016
212-779-1414
funkoinfo@bernlieb.com
POMERANTZ LLP
Attn: Michael J. Wernke
600 Third Avenue, 20th Floor
New York, NY 10016
212-661-1100
mjwernke@pomlaw.com
If you are a Settlement Class Member, to be eligible to share in
the distribution of the Net Settlement Fund, you must submit a
Claim Form postmarked (if mailed) or submitted online at
www.strategicclaims.net/Funko/ ("Case Website") no later than
October 17, 2022 to the Claims Administrator at the address above.
Read the instructions carefully, fill out the Claim Form in
accordance with the instructions set forth in the Claim Form, and
sign it in the location indicated. The Case Website also includes
instructions on downloading your transaction data directly from
your brokerage so that you do not have to manually enter each
transaction. If you are a Settlement Class Member and do not timely
submit a valid Claim Form, you will not be eligible to share in the
distribution of the Net Settlement Fund, but you will nevertheless
be bound by all judgments or orders entered by the Court relating
to the Settlement, whether favorable or unfavorable.
If you are a Settlement Class Member and wish to exclude yourself
from the Settlement Class, you must submit a written request for
exclusion in accordance with the instructions set forth in the
Internet Notice such that it is received no later than October 17,
2022. If you properly exclude yourself from the Settlement Class,
you will not be bound by any judgments or orders entered by the
Court relating to the Settlement, whether favorable or unfavorable,
and you will not be eligible to share in the distribution of the
Net Settlement Fund.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Lead Counsel's motion for attorneys' fees and
reimbursement of expenses or awards to Lead Plaintiffs must be
filed with the Court, either by mail or in person, and be mailed to
counsel for the Parties in accordance with the instructions in the
Internet Notice, such that they are received no later than October
17, 2022.
SO ORDERED this 19th day of July, 2022.
The Honorable Virginia A. Phillips
United States District Judge
GAME TIME: Helems Files Suit in S.D. California
-----------------------------------------------
A class action lawsuit has been filed against Game Time
Supplements, LLC. The case is styled as Jesse Helems, on behalf of
all those similarly situated v. Game Time Supplements, LLC doing
business as: RSP Nutrition, Case No. 3:22-cv-01122-L-AHG (S.D.
Cal., Aug. 1, 2022).
The nature of suit is stated as Contract Product Liability.
Game Time Supplements, LLC doing business as RSP Nutrition --
https://rspnutrition.com/ -- offers premium nutritional supplements
that inspire customers to live healthy, active lifestyles and
achieve their fitness goals.[BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
11412 Corley Court
San Diego, CA 92126
Phone: (858) 414-7465
Fax: (858) 300-5137
Email: legal@cweller.com
GENERAL ELECTRIC: Aug. 15 Class Action Opt-Out Deadline Set
-----------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SJUNDE AP-FONDEN and THE CLEVELAND BAKERS AND TEAMSTERS PENSION
FUND, individually and on behalf of all others similarly situated,
Plaintiffs,
v.
GENERAL ELECTRIC COMPANY, et al.,
Defendants.
Case No. 1:17-cv-8457-JMF
SUMMARY NOTICE OF PENDENCY OF CLASS ACTION
This notice is directed to all persons and entities that purchased
or acquired General Electric Company ("GE") common stock between
February 29, 2016 and January 23, 2018, inclusive and were damaged
thereby (the "Class"). Excluded from the Class are: (a) Defendants;
(b) GE's subsidiaries and affiliates; (c) any officer, director, or
controlling person of GE, and members of the immediate families of
such persons; (d) any entity in which any Defendant has a
controlling interest; (e) Defendants' directors' and officers'
liability insurance carriers, and any affiliates or subsidiaries
thereof; and (f) the legal representatives, heirs, successors, and
assigns of any such excluded party.
ADVERTISEMENT
YOU ARE HEREBY NOTIFIED, pursuant to Federal Rule of Civil
Procedure ("Rule") 23 and by Order of the United States District
Court for the Southern District of New York, that the
above-captioned action ("Action") against GE and former GE
executive Jeffrey Bornstein (together, "Defendants"), has been
certified as a class action on behalf of the Class. The Court has
appointed Sjunde AP-Fonden and The Cleveland Bakers and Teamsters
Pension Fund as the representatives for the Class ("Class
Representatives"). The Action has not been adjudicated or settled.
This notice is not an admission by Defendants or an expression of
any opinion by the Court as to the merits of the Action, or a
finding by the Court that the claims asserted by Class
Representatives in the Action are valid. This notice is intended
only to inform members of the Class that the Action is currently in
progress.
IF YOU ARE A MEMBER OF THE CLASS, YOUR RIGHTS WILL BE AFFECTED BY
THE LAWSUIT. This notice provides only a summary of the information
contained in the detailed, long-form Notice of Pendency of Class
Action ("Notice"). You may obtain a copy of the Notice from the
website for the Action,
www.GeneralElectricSecuritiesLitigation.com, or by contacting the
Administrator:
General Electric Securities Litigation
c/o JND Legal Administration
P.O. Box 91449
Seattle, WA 98111
If you are a Class member you should receive a Postcard Notice
regarding the Action by mail. If you are a Class member and you do
not receive a Postcard Notice by mail, please send your name and
address to the Administrator so that you will receive any future
notices disseminated in connection with the Action.
Inquiries, other than requests for the Notice, may be made to
Court-appointed Class Counsel:
KESSLER TOPAZ MELTZER
& CHECK, LLP
Sharan Nirmul, Esq.
Richard A. Russo, Jr., Esq.
280 King of Prussia Road
Radnor, PA 19087
Telephone: (610) 667-7706
info@ktmc.com
www.ktmc.com
If you are a Class member, you have the right to decide whether to
remain a member of the Class. If you choose to remain a member of
the Class, you do not need to do anything at this time other than
retain your documentation reflecting your transactions and holdings
in GE common stock. You will automatically be included in the
Class, and you will be bound by the proceedings in the Action,
including all past, present, and future orders and judgments of the
Court, whether favorable or unfavorable. If you are a Class member
and do not wish to remain a member of the Class, you must take
steps to exclude yourself from the Class.
If you timely and validly request to be excluded from the Class,
you will not be bound by any orders or judgments in the Action, and
you will not be eligible to receive a share of any money which
might be recovered in the future for the benefit of the Class. To
exclude yourself from the Class, you must submit a written request
for exclusion postmarked no later than August 15, 2022, in
accordance with the instructions set forth in the Notice. Pursuant
to Rule 23(e)(4), the Court has discretion as to whether a second
opportunity to request exclusion from the Class will be allowed if
there is a settlement in the Action.
Further information may be obtained by contacting the Administrator
or by visiting the website
www.GeneralElectricSecuritiesLitigation.com.
Please Do Not Call or Write the Court with Questions.
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GUESS? RETAIL: Untimely Pays Manual Workers, Shihadeh Suit Says
---------------------------------------------------------------
ELISABETH SHIHADEH, on behalf of herself and all other persons
similarly situated v. GUESS? RETAIL, INC., Case No. 2:22-cv-04423
(E.D.N.Y., July 27, 2022) seeks recover statutory damages,
injunctive and declaratory relief, liquidated damages, attorneys'
fees and costs and other appropriate relief pursuant to New York
Labor Law.
The Plaintiff brings this action on behalf of herself and similarly
situated current and former employees of Defendant who worked for
the Defendant in the state of New York pursuant to Rule 23 of the
Federal Rules of Civil Procedure.
The Defendant designs, markets, and licenses collections of apparel
and accessories for men, women and children. The Defendant's total
net revenue for fiscal 2022 was $2.59 billion. The Defendant
operates retail locations throughout the State of New York.
At all relevant times, Defendant compensated Plaintiff and other
similarly situated persons who worked in hourly paid positions in
the State of New York including, but not limited to, sales
associates and stock associates on a bi-weekly basis in violation
of New York Labor Law. The Defendant employs sales associates and
stock associates who spend more than 25% of their work time
performing physical tasks and are manual workers within the meaning
of the NYLL. Sales associates participate in store inventories, are
responsible for maintaining the cleanliness of the store, are
required to do lifting, and are required to stand for up to eight
hours. Stock associates bring merchandise to the selling floor,
replenish merchandise from the stock room to the selling floor,
organize and clean the stock room, and are required to lift and
stand for long periods of time, says the suit.
The Defendant allegedly failed to properly pay Plaintiff and other
hourly-paid manual workers their wages within seven calendar days
after the end of the week in which these wages were earned. Thus,
Defendant failed to provide timely wages to Plaintiff and all other
similar manual workers, the suit added.[BN]
The Plaintiff is represented by:
Peter A. Romero, Esq.
LAW OFFICE OF PETER A. ROMERO PLLC
490 Wheeler Road, Suite 250
Hauppauge, New York 11788
Telephone: (631) 257-5588
E-mail: promero@romerolawny.com
HARMAN INT'L: $28MM Class Settlement to be Heard on Nov. 10
-----------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Harman Merger Litigation:
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
PATRICIA B. BAUM, Individually and on
Behalf of All Others Similarly Situated,
Plaintiff,
vs.
HARMAN INTERNATIONAL
INDUSTRIES, INCORPORATED, et al.,
Defendants.
No. 3:17-cv-00246-RNC
CLASS ACTION
SUMMARY NOTICE
TO: ALL PERSONS WHO PURCHASED, SOLD, OR HELD HARMAN INTERNATIONAL
INDUSTRIES, INCORPORATED ("HARMAN") COMMON STOCK AT ANY TIME DURING
THE PERIOD FROM AND INCLUDING JANUARY 10, 2017, THE RECORD DATE FOR
HARMAN'S SPECIAL STOCKHOLDER MEETING REGARDING THE MERGER OF HARMAN
INTO SAMSUNG ELECTRONICS CO., LTD. (THE "MERGER"), THROUGH AND
INCLUDING MARCH 12, 2017, THE DATE THE MERGER CLOSED
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States
District Court for the District of Connecticut, that a hearing will
be held on November 10, 2022, at 10:00 a.m., before the Honorable
Robert N. Chatigny at the United States District Court for the
District of Connecticut, Abraham Ribicoff Federal Building, 450
Main Street, Room 228, Hartford, CT 06103, for the purpose of
determining: (1) whether the proposed Settlement of the Litigation
for $28 million should be approved by the Court as fair,
reasonable, and adequate; (2) whether an Order and Final Judgment
or an Alternative Judgment (if applicable) should be entered by the
Court dismissing the Litigation with prejudice and releasing the
Released Claims; (3) whether the Plan of Allocation for the Net
Settlement Fund is fair, reasonable, and adequate and should be
approved; and (4) whether the application of Lead Counsel for the
payment of attorneys' fees and expenses and any award to Lead
Plaintiff (if requested) pursuant to 15 U.S.C. §78u-4(a)(4) should
be approved.
IF YOU PURCHASED, SOLD, OR HELD HARMAN COMMON STOCK AT ANY TIME
DURING THE PERIOD FROM AND INCLUDING JANUARY 10, 2017, THROUGH AND
INCLUDING MARCH 12, 2017 (THE "CLASS PERIOD"), YOUR RIGHTS MAY BE
AFFECTED BY THE SETTLEMENT OF THIS LITIGATION, INCLUDING THE
RELEASE AND EXTINGUISHMENT OF CLAIMS YOU MAY POSSESS RELATING TO
YOUR HOLDINGS OF HARMAN COMMON STOCK DURING THE CLASS PERIOD. If
you have not received a detailed Notice of Pendency and Proposed
Settlement of Class Action ("Notice") and a copy of the Proof of
Claim and Release form, you may obtain copies by writing to Harman
Merger Litigation, Claims Administrator, c/o Gilardi & Co. LLC,
P.O. Box 6177, Novato, CA 94948-6177, or on the Internet at
www.HarmanMergerLitigation.com. If you are a Class Member, in order
to share in the distribution of the Net Settlement Fund, you must
submit a Proof of Claim and Release form by mail (postmarked no
later than December 1, 2022), or online at
www.HarmanMergerLitigation.com no later than December 1, 2022,
establishing that you are entitled to recovery.
If you purchased, sold, or held Harman common stock at any time
during the Class Period and you desire to be excluded from the
Class, you must submit a request for exclusion so that it is
received no later than October 20, 2022, in the manner and form
explained in the detailed Notice referred to above. All Class
Members who do not timely and validly request exclusion from the
Class will be bound by any judgment entered in the Litigation
pursuant to the Stipulation of Settlement.
Any objection to the Settlement, the Plan of Allocation, Lead
Counsel's request for attorneys' fees and expenses, and Lead
Plaintiff's request for time and expenses (if any) must be received
by each of the following recipients no later than October 20,
2022:
CLERK OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
Abraham Ribicoff Federal Building
450 Main Street, Suite A012
Hartford, CT 06103
Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
David A. Knotts
655 West Broadway, Suite 1900
San Diego, CA 92101
Counsel for Defendants:
WACHTELL, LIPTON, ROSEN & KATZ
Stephen R. DiPrima
51 West 52nd Street
New York, NY 10019
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE. If you have any questions about the Settlement, you
may contact Lead Counsel at the address listed above.
DATED: July 13, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
HIGH POINT UNIVERSITY: Delacruz Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against High Point
University. The case is styled as Emanuel Delacruz, on behalf of
himself and all other persons similarly situated v. High Point
University, Case No. 1:22-cv-06525-RA (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
High Point University -- https://www.highpoint.edu/ -- is a private
university in High Point, North Carolina.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
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
HONEY BADGER: Helems Files Suit in S.D. California
--------------------------------------------------
A class action lawsuit has been filed against Honey Badger LLC. The
case is styled as Jesse Helems, on behalf of all those similarly
situated v. Honey Badger LLC, Case No. 3:22-cv-01120-GPC-DEB (S.D.
Cal., Aug. 1, 2022).
The nature of suit is stated as Contract Product Liability.
Honey Badger -- https://drinkhoneybadger.com/ -- offers vegan,
keto, and paleo performance and pre-workout supplements from
protein, collagen, hydration, immune support, and more.[BN]
The Plaintiff is represented by:
Charles C. Weller, Esq.
11412 Corley Court
San Diego, CA 92126
Phone: (858) 414-7465
Fax: (858) 300-5137
Email: legal@cweller.com
IL COMMENDATORE: Fails to Pay Proper Wages, Hernandez Suit Says
---------------------------------------------------------------
Dionicio Hernandez, on behalf of himself and others similarly
situated in this proposed FLSA Collective Action, Plaintiff v. Il
Commendatore Restaurant, Inc., and Adele Gallo, Defendants, Case
No. 1:22-cv-06038 (S.D.N.Y., July 15, 2022) seeks injunctive and
declaratory relief to recover from Defendants unpaid minimum wages,
overtime wages, spread-of-hours, unlawfully deducted wages,
liquidated and statutory damages, pre- and post-judgment interest,
and attorneys' fees and costs pursuant to the Fair Labor Standards
Act, the New York Labor Law, and the NYLL's Wage Theft Prevention
Act.
The Plaintiff was employed as a busboy and general worker at
Defendants' Italian restaurant from September 2021 until June
2022.
The Defendants own, operate and/or control the Italian restaurant
located in New York City known as "Casa Bella."[BN]
The Plaintiff is represented by:
Joshua Levin-Epstein, Esq.
Jason Mizrahi, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0046
E-mail: Joshua@levinepstein.com
INKBOX INK: Has Made Unsolicited Calls, Dortonk Suit Claims
-----------------------------------------------------------
HOPE DORTON, individually and on behalf of all others similarly
situated, Plaintiff v. INKBOX INK AMERICA INCORPORATED, Defendant,
Case No. 154385449 (Fla. Cir., July 31, 2022) seeks to stop the
Defendants' practice of making unsolicited calls.
INKBOX INK AMERICA INCORPORATED provides commercial services. The
Company offers tattoos products with discounts as well as provides
online booking services. Inkbox ink serves customers in Canada.
[BN]
The Plaintiff is represented by:
Benjamin W. Raslavich, Esq.
KUHN RASLAVICH, P.A.
2110 West Platt Street
Tampa, FL 33606
Telephone: (813) 422-7782
Facsimile: (813) 422-7783
Email: ben@theKRfirm.com
IONIS PHARMACEUTICALS: $12.5MM Settlement to be Heard on Oct. 11
----------------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
JOHN MAKRIS, SEAN SEGO, OMAR
WEVER-PINZON, and JORDAN
SCHLEE, on behalf of themselves and all
other similarly situated former stockholders
of AKCEA THERAPEUTICS, INC.,
Plaintiffs,
v.
IONIS PHARMACEUTICALS, INC.,
DAMIEN MCDEVITT, LYNNE
PARSHALL, ELAINE HOCHBERG, and
SANDFORD D. SMITH,
Defendants.
C.A. No. 2021-0681-LWW
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER
CLASS ACTION, SETTLEMENT HEARING,
AND RIGHT TO APPEAR
TO:
All holders of common stock of Akcea Therapeutics, Inc. at any time
between July 19, 2017 through October 12, 2020, the date of the
consummation of the merger of Akcea Therapeutics, Inc. and a
subsidiary of Ionis Pharmaceuticals, Inc. (the "Merger") (the
"Settlement Class").1
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS WILL BE AFFECTED BY
A CLASS ACTION LAWSUIT PENDING IN THIS COURT.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of
Chancery of the State of Delaware (the "Court"), that the
above-captioned stockholder class action (the "Action") is pending
in the Court.
YOU ARE ALSO NOTIFIED that Plaintiffs in the Action, on behalf of
themselves and the Settlement Class, have reached a proposed
settlement of the Action for $12,500,000 in cash (the
"Settlement"). If approved by the Court, the Settlement will
resolve all claims in the Action.
A hearing (the "Settlement Hearing") will be held on October 11,
2022 at 1:30 p.m., before The Honorable Lori Will, Vice Chancellor,
either in person at the Court of Chancery of the State of Delaware,
New Castle County, Leonard L. Williams Justice Center, 500 North
King Street, Wilmington, DE 19801, or by telephone or
videoconference (in the discretion of the Court), to determine,
among other things: (i) whether the Action may be permanently
maintained as a non-opt out class action and whether the Settlement
Class should be certified permanently, for purposes of the
Settlement, pursuant to Court of Chancery Rules 23(a), 23(b)(1),
and 23(b)(2); (ii) whether Plaintiffs may be permanently designated
as representatives for the Settlement Class and Plaintiffs' Counsel
as counsel for the Settlement Class, and whether Plaintiffs and
Plaintiffs' Counsel have adequately represented the interests of
the Settlement Class in the Action; (iii) whether the proposed
Settlement on the terms and conditions provided for in the
Stipulation and Agreement of Settlement, Compromise, and Release
dated July 5, 2022 (the "Stipulation") is fair, reasonable and
adequate to the Settlement Class, and should be approved by the
Court; (iv) whether a Judgment, substantially in the form attached
as Exhibit D to the Stipulation, should be entered dismissing the
Action with prejudice against Defendants; (v) whether the proposed
Plan of Allocation of the Net Settlement Fund is fair and
reasonable, and should therefore be approved; (vi) whether the
application by Plaintiffs' Counsel for an award of attorneys' fees
and Litigation Expenses in connection with the benefits achieved
under the Settlement should be approved; and (vii) to consider any
other matters that may properly be brought before the Court in
connection with the Settlement.
The ongoing COVID-19 health emergency is a fluid situation that
creates the possibility that the Court may decide to conduct the
Settlement Hearing by video or telephonic conference, or otherwise
allow members of the Settlement Class ("Class Members") to appear
at the hearing by phone or video, without further written notice to
Class Members. In order to determine whether the date and time of
the Settlement Hearing have changed, or whether Class Members must
or may participate by phone or video, it is important that you
monitor the Court's docket and the Settlement website,
https://abdataclassaction.com/about-us/cases/, before making any
plans to attend the Settlement Hearing. Any updates regarding the
Settlement Hearing, including any changes to the date or time of
the hearing or updates regarding in-person or telephonic
appearances at the hearing, will be posted to the Settlement
website, https://abdataclassaction.com/about-us/cases/. Also, if
the Court requires or allows Class Members to participate in the
Settlement Hearing by telephone or video conference, the
information needed to access the conference will be posted to the
Settlement website, https://abdataclassaction.com/about-us/cases/.
If you are a member of the Settlement Class, your rights will be
affected by the pending Action and the Settlement, and you may be
entitled to share in the Net Settlement Fund. If you have not yet
received the Notice, you may obtain a copy of the Notice by
contacting the Settlement Administrator at 1-877-829-2938. A copy
of the Notice can also be downloaded from the Settlement website,
https://abdataclassaction.com/about-us/cases/.
If the Settlement is approved by the Court and the Effective Date
occurs, the Net Settlement Fund will be distributed on a pro rata
basis to "Eligible Class Members" in accordance with the proposed
Plan of Allocation set forth in the Notice or such other plan of
allocation as is approved by the Court. Under the proposed Plan of
Allocation, "Eligible Class Members" consist of Class Members who
held shares of common stock of Akcea Therapeutics, Inc. at the
Merger's Closing and therefore received or were entitled to receive
the Merger Consideration for their Eligible Shares. Pursuant to
the proposed Plan of Allocation, each Eligible Class Member will be
eligible to receive a pro rata payment from the Net Settlement Fund
equal to the product of (i) the number of Eligible Shares held by
the Eligible Class Member and (ii) the "Per-Share Recovery" for the
Settlement, which will be determined by dividing the total amount
of the Net Settlement Fund by the total number of Eligible Shares.
Eligible Class Members do not have to submit a claim form to
receive a payment from the Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Plaintiffs' Counsel's application for an award of
attorneys' fees and Litigation Expenses in connection with the
Settlement must be filed with the Register in Chancery in the Court
of Chancery of the State of Delaware and delivered to Plaintiffs'
Lead Counsel and Defendants' Counsel such that they are received no
later than September 26, 2022, in accordance with the instructions
set forth in the Notice.
Please do not contact the Court or the Office of the Register in
Chancery regarding this notice. All questions about this notice,
the proposed Settlement, or your eligibility to participate in the
Settlement should be directed to the Settlement Administrator or
Plaintiffs' Lead Counsel.
Requests for the Notice should be made to the Settlement
Administrator:
1-877-829-2938
https://abdataclassaction.com/about-us/cases/
Inquiries, other than requests for the Notice, should be made to
Plaintiffs' Counsel:
Ned Weinberger, Esq.
Labaton Sucharow LLP
222 Delaware Avenue, Suite 1510
Wilmington, Delaware 19801
(302) 573-2540
nweinberger@labaton.com
BY ORDER OF THE COURT OF
CHANCERY OF THE STATE
OF DELAWARE
1 Certain persons and entities are excluded from the Settlement
Class by definition, as set forth in the full Notice of Pendency
and Proposed Settlement of Stockholder Class Action, Settlement
Hearing, and Right to Appear (the "Notice"), available at
https://abdataclassaction.com/about-us/cases/.
KOTO INC: Dicks Files ADA Suit in S.D. New York
-----------------------------------------------
A class action lawsuit has been filed against Koto, Inc. The case
is styled as Valerie Dicks, on behalf of herself and all others
similarly situated v. Koto, Inc., Case No. 1:22-cv-06498-VSB
(S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Koto Inc. -- https://www.kotous.com/ -- is a leading global
developer and distributor of licensed merchandise with its
corporate headquarters in Torrance, California.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
KRAKEN DICE INC: Dicks Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Kraken Dice, Inc. The
case is styled as Valerie Dicks, on behalf of herself and all
others similarly situated v. Kraken Dice, Inc., Case No.
1:22-cv-06499 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Kraken Dice -- https://www.krakendice.com/ -- is a source for RPG
dice for Dungeons and Dragons and other role playing games.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
LINKEDIN CORP: Easterbrook Balks at Deceptive Renewal Subscriptions
-------------------------------------------------------------------
JULIE EASTERBROOK, individually and on behalf of all others
similarly situated, Plaintiff v. LINKEDIN CORPORATION, a Delaware
Corporation, Defendant, Case No. 6:22-cv-01108-MC (D. Or., July 29,
2022) is a class action lawsuit against the Defendant for engaging
in an illegal "automatic renewal" scheme with respect to its paid
subscription plans for LinkedIn-branded products and services that
are available exclusively to consumers who enroll in Defendant's
auto-renewal programs (collectively, "LinkedIn Premium" or the "LP
Subscriptions,") through its website at https://www.linkedin.com
(the "LinkedIn Website") and its mobile applications (the "LinkedIn
Apps") (together with LinkedIn Website, the "LinkedIn Platform").
According to the complaint, when consumers sign up for the LP
Subscriptions through the LinkedIn Platform, the Defendant actually
enrolls consumers in a program that automatically renews customers'
LP Subscriptions from month-to-month or year-to-year and results in
monthly or annual charges to the consumer's credit card, debit
card, or third-party payment account (collectively, the "Payment
Method").
In doing so, Defendant fails to provide the requisite disclosures
and authorizations required to be made to and obtained from Oregon
consumers under Oregon's Automatic Renewal Law ("ARL"), Oregon's
Unlawful Trade Practices Act ("UTPA"), Oregon's Free Offer Law
("FOL"), and Oregon's Unlawful Trade Practices Act ("UTPA"), the
suit alleges.
LINKEDIN CORPORATION is an American business and
employment-oriented online service that operates via websites and
mobile apps. Launched on May 5, 2003, the platform is primarily
used for professional networking and career development, and allows
job seekers to post their CVs and employers to post jobs. [BN]
The Plaintiff is represented by:
Stanton R. Gallegos, Esq.
MARKOWITZ HERBOLD PC
1455 SW Broadway, Suite 1900
Portland, OR 97201
Telephone: (503) 295-3085
Email: StantonGallegos@MarkowitzHerbold.com
- and -
Neal J. Deckant, Esq.
Julia K. Venditti, Esq.
BURSOR & FISHER, P.A.
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Email: ndeckant@bursor.com
jvenditti@bursor.com
- and -
Philip L. Fraietta, Esq.
Frederick J. Klorczyk III, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Email: pfraietta@bursor.com
fklorczyk@bursor.com
MARS INC: Candies Contain Titanium Dioxide, Thames Suit Says
------------------------------------------------------------
JENILE THAMES, individually and on behalf of all others similarly
situated, Plaintiff v. MARS INC., Defendant, Case No.
4:22-cv-04145-LB (N.D. Cal., July 14, 2022) is a lawsuit brought on
behalf of the Plaintiff and similarly situated consumers who
purchased for personal, family, or household consumption,
Defendant's candies sold under the brand name "Skittles," which are
unfit for human consumption because they contain titanium dioxide,
a known toxin.
According to the complaint, a reasonable consumer would expect that
the product can be safely purchased and consumed as marketed and
sold based on Defendant's omissions. However, the products are not
safe and pose a significant health risk to unsuspecting consumers.
Yet, neither before nor at the time of purchase does Defendant
notify consumers like Plaintiff that the products are unsafe to
consumers, contain heightened levels of titanium dioxide, and
should otherwise be approached with caution, says the suit.
The Plaintiff brings his claims against Defendant individually and
on behalf of a class of all others similarly situated for (1)
violation of California's Unfair Competition Law; (2) violation of
the Consumers Legal Remedies Act; (3) breach of the implied
warranty under Song-Beverly Consumer Warranty Act and California
Commercial Code; (4) violation of California's False Advertising
Law; (5) fraud; (6) fraudulent inducement; (7) fraudulent omission
or concealment; and (8) quasi-contract/unjust enrichment.
Plaintiff Thames purchased Original Skittles from a
brick-and-mortar QuikStop in San Leandro, California on April 11,
2022.
Mars Inc. is an American multinational manufacturer of
confectionery, pet food, and other food products and a provider of
animal care services.[BN]
The Plaintiff is represented by:
L. Timothy Fisher, Esq.
Sean L. Litteral, Esq.
Elvia M. Lopez, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: ltfisher@bursor.com
slitteral@bursor.com
elopez@bursor.com
MAT KING: Lindke Files Suit in E.D. Michigan
--------------------------------------------
A class action lawsuit has been filed against Mat King, et al. The
case is styled as Kevin Lindke, and all those similarly situated v.
Mat King, in his personal and official capacities; Timothy
Donnellon, in his official and personal capacities; County of St.
Clair, Case No. 2:22-cv-11767-MFL-JJCG (E.D. Mich., Aug. 1, 2022).
The nature of suit is stated as Other Civil Rights for Civil Rights
Act.
Mat King is a St. Clair County Sheriff.[BN]
The Plaintiff is represented by:
Matthew E. Gronda, Esq.
MATTHEW E. GRONDA, J.D., P.L.C.
P.O. Box 70
Saint Charles, MI 48603
Phone: (989) 249-0350
Fax: (989) 233-2630
Email: matt@matthewgronda.com
- and -
Philip L. Ellison, Esq.
P.O. Box 107
Hemlock, MI 48626
Phone: (989) 642-0055
Fax: (888) 398-7003
Email: pellison@olcplc.com
MDL 2913: Altria Appeals Class Cert. Ruling in Juul Liability Suit
------------------------------------------------------------------
Altria Group, Inc., et al., filed an appeal from a court ruling
entered in the lawsuit entitled IN RE JUUL LABS, INC., MARKETING
SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION, Case No.
19-md-02913-WHO, in the U.S. District Court for the Northern
District of California.
This case involves the alleged false marketing and sale of JUUL
products -- products not manufactured or sold by Altria, but
instead by JUUL Labs. Inc. (JLI). The crux of the lawsuit is that,
starting in 2015, JLI falsely marketed its products causing every
single JUUL purchaser to pay more than the products were worth.
Altria made a minority investment in JLI in late 2018 and then
provided limited retail services to JLI for 14 months, years after
JLI's alleged scheme began. The district court found that Altria --
not JLI -- should be subject to nationwide RICO classes seeking
upwards of $6 billion.
The Plaintiffs seek to certify four classes of purchasers of JUUL
products on theories that the Defendants' marketing of JUUL was
unlawfully deceptive, JUUL was unlawfully marketed to youth, and
JUUL products are not fit for ordinary use. Each of the four sets
of Defendants -- JLI, the Altria entities, the Founder Defendants,
and the Other Director Defendants (ODDs) -- opposes. The
overarching theme of their opposition is that no class can be
certified given the "heterogeneity" of the class members: Each
named Plaintiff and each proposed class member were exposed to
different advertisements over different periods of time; each had
different impressions of the impact (or materiality) of the
misrepresented or information omitted by JLI; each experienced
different levels of alleged economic injury; and each had their own
"nicotine journey" given their unique use of JUUL products (as well
as other nicotine delivery products like cigarettes or other
e-cigarette products) and unique experiences with possible
addiction.
As reported in the Class Action Reporter on July 7, 2022, Judge
William H. Orrick of the U.S. District Court for the Northern
District of California granted the Plaintiffs' motion for class
certification and denied each of the Daubert motions made by the
parties.
The Defendants seek a review of this order.
The question presented in this Appellate Case is: Whether the Court
should immediately review the district court's manifestly erroneous
decision to certify RICO claims brought by two nationwide classes
of JUUL purchasers against Altria, a minority investor in JLI.
The appellate case is captioned as In re: J.D., et al. v. Altria
Group, Inc., et al., Case No. 22-80061, in the United States Court
of Appeals for the Ninth Circuit, filed on July 12, 2022.[BN]
Defendants-Petitioners ALTRIA GROUP, INC., et al., are represented
by:
Lisa Schiavo Blatt, Esq.
WILLIAMS & CONNOLLY, LLP
680 Maine Avenue, SW
Washington, DC 20024
Telephone: (202) 434-5050
- and -
David Edward Kouba, Esq.
ARNOLD & PORTER KAYE SCHOLER, LLP
601 Massachusetts Avenue, NW
Washington, DC 20001
Telephone: (202) 942-5626
- and -
James Miller Rosenthal, Esq.
WILKINSON STEKLOFF, LLP
2001 M Street NW, 10th Floor
Washington, DC 20036
Telephone: (202) 847-4011
- and -
Brett M. Schuman, Esq.
GOODWIN PROCTER, LLP
Three Embarcadero Center
San Francisco, CA 94111
Telephone: (415) 733-6000
- and -
Austin Schwing, Esq.
GIBSON, DUNN & CRUTCHER, LLP
555 Mission Street, Suite 3000
San Francisco, CA 94105
Telephone: (415) 393-8210
Plaintiffs-Respondents J. D., through his parent and natural
guardian Nicole Dramis, et al., are represented by:
Eleanor Michelle Drake, Esq.
BERGER MONTAGUE, PC
1229 Tyler Street, NE Suite 205
Minneapolis, MN 55413
- and -
Adam Joshua Gutride, Esq.
Todd Kennedy, Esq.
Seth Adam Safier, Esq.
GUTRIDE SAFIER LLP
835 Douglass Street
San Francisco, CA 94114
- and -
Matthew Thomas McCrary, Esq.
GUTRIDE SAFIER LLP
265 Franklin Street
Boston, MA 02110
- and -
Anthony J. Patek, Esq.
GUTRIDE SAFIER LLP
100 Pine Street
San Francisco, CA 94111
- and -
Dena C. Sharp, Esq.
GIRARD SHARP, LLP
601 California Street, Suite 1400
San Francisco, CA 94108
MICHAEL R BLOOMBERG: Roberts Files Suit in N.Y. Sup. Ct.
--------------------------------------------------------
A class action lawsuit has been filed against Michael R. Bloomberg,
et al. The case is styled as Lillian Roberts, as Executive Director
of District Council 37; AFSCME; AFL-CIO; James Tucciarelli, as
president of Local 1320 an affiliated Local Of District Council 37;
Kyle Simmons, as president of Local 924, an affiliated local of
district Council 37; Mark Rosenthal, as president of Local 983, an
affiliated Local Of District Council 37 v. City Of New York Michael
R. Bloomberg, as mayor; The New York City Office Of Labor
Relations; James F. Hanley, as commissioner; The New York City
Department Of Citywide Administrative Services; Edna Wells Handy,
as commissioner; James Hein, as deputy commissioner; Manuel Roman,
as president of local 1087, an affiliated local of district council
37; Michael Coppola, as president of local 1157, an affiliated
local of district council 37; Jon Bailey, as president of local
2906, an affiliated local of district council 37; Anthony Carter
And Cornell Heyward, individually and on behalf those similarly
situated, Case No. 102601/2012 (N.Y. Sup. Ct., New York Cty., Aug.
1, 2022).
The case type is stated as "Article 78."
Michael Rubens Bloomberg is an American businessman, politician,
philanthropist, and author, the majority owner, co-founder and CEO
of Bloomberg L.P. and was Mayor of New York City from 2002 to
2013.[BN]
The Plaintiff is represented by:
Robin Roach, Esq.
125 Barclay St, 5th Fl.
New York, NY 10007
Phone: (212) 815-1450
MINDBODY INC: $9.75MM Class Settlement to be Heard on Oct. 27
-------------------------------------------------------------
Labaton Sucharow LLP disclosed that the United States District
Court for the Southern District of New York has approved the
following announcement of a proposed class action settlement on
behalf of sellers of MINDBODY, Inc. publicly traded Class A common
stock:
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF CLASS ACTION
AND MOTION FOR ATTORNEYS' FEES AND EXPENSES
To: All persons and entities who or which sold shares of the
publicly traded Class A common stock of MINDBODY, Inc. ("Mindbody"
or the "Company") during the period from November 6, 2018 through
February 15, 2019, inclusive, and were allegedly damaged thereby
("Settlement Class").
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the United States District Court
for the Southern District of New York, that Court-appointed Co-Lead
Plaintiffs, on behalf of themselves and all members of the proposed
Settlement Class, and Mindbody, Richard L. Stollmeyer, Brett White,
and Eric Liaw (collectively, "Defendants"), have reached a proposed
settlement of the claims in the above-captioned class action (the
"Action") in the amount of $9,750,000 (the "Settlement").
A hearing will be held before the Honorable Valerie E. Caproni on
October 27, 2022, at 2:30 p.m. in Courtroom 443 of the United
States District Court for the Southern District of New York,
Thurgood Marshall United States Courthouse, 40 Foley Square, New
York, NY 10007 (the "Settlement Hearing") to determine whether the
Court should: (i) approve the proposed Settlement as fair,
reasonable, and adequate; (ii) dismiss the Action with prejudice as
provided in the Stipulation and Agreement of Settlement, dated
March 3, 2022; (iii) approve the proposed Plan of Allocation for
distribution of the proceeds of the Settlement (the "Net Settlement
Fund") to Settlement Class Members; and (iv) approve Lead Counsel's
Fee and Expense Application. The Court may change the date of the
Settlement Hearing without providing another written notice.
Information about any changes to the hearing will be posted on the
Claims Administrator's website at
www.strategicclaims.net/mindbody/. You do NOT need to attend the
Settlement Hearing to receive a distribution from the Net
Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS WILL BE
AFFECTED BY THE PROPOSED SETTLEMENT AND YOU MAY BE ENTITLED TO A
MONETARY PAYMENT. If you have not yet received a full Notice and
Claim Form, you may obtain copies of these documents by visiting
the Claims Administrator's website
www.strategicclaims.net/mindbody/ or by contacting the Claims
Administrator at:
Mindbody Securities Litigation
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson Street, Suite 205
Media, PA 19063
info@strategicclaims.net
(866) 274-4004
Inquiries, other than requests for information about the status of
a claim, may also be made to Lead Counsel:
LABATON SUCHAROW LLP
Carol C. Villegas, Esq.
140 Broadway
New York, NY 10005
www.labaton.com
settlementquestions@labaton.com
(888) 219-6877
If you are a Settlement Class Member, to be eligible to share in
the distribution of the Net Settlement Fund, you must submit a
Claim Form postmarked, or submitted online, no later than September
27, 2022 to the Claims Administrator. If you are a Settlement Class
Member and do not timely submit a valid Claim Form, you will not be
eligible to share in the distribution of the Net Settlement Fund,
but you will nevertheless be bound by all judgments or orders
entered by the Court relating to the Settlement, whether favorable
or unfavorable.
If you are a Settlement Class Member and wish to exclude yourself
from the Settlement Class, you must submit a written request for
exclusion to the Claims Administrator in accordance with the
instructions set forth in the Notice such that it is received no
later than September 27, 2022. If you properly exclude yourself
from the Settlement Class, you will not be bound by any judgments
or orders entered by the Court relating to the Settlement, whether
favorable or unfavorable, and you will not be eligible to share in
the distribution of the Net Settlement Fund.
Any objections to the proposed Settlement, Lead Counsel's Fee and
Expense Application, and/or the proposed Plan of Allocation must be
filed with the Court, either by mail or in person, and be mailed to
counsel for the Parties in accordance with the instructions in the
Notice, such that they are received no later than October 14, 2022.
DO NOT CONTACT THE COURT, DEFENDANTS, OR
DEFENDANTS' COUNSEL REGARDING THIS NOTICE.
DATED: July 1, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
NEIMAN MARCUS GROUP: Velazquez Files ADA Suit in S.D. New York
--------------------------------------------------------------
A class action lawsuit has been filed against The Neiman Marcus
Group, LLC. The case is styled as Bryan Velazquez, on behalf of
himself and all others similarly situated v. The Neiman Marcus
Group, LLC, Case No. 1:22-cv-06520 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Neiman Marcus Group -- https://www.neimanmarcusgroup.com/ --
originally Neiman-Marcus, is an American chain of luxury department
stores.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
NIELSEN HOLDINGS: Court OKs Settlement in Shareholder Suit
----------------------------------------------------------
Nielsen Holdings PLC disclosed in its Form 10-Q Report for the
quarterly period ended June 30, 2022, filed with the Securities and
Exchange Commission on July 27, 2022, that the settlement in a
consolidate complaint has been approved by the Court.
In August 2018, a putative shareholder class action lawsuit was
filed in the Southern District of New York, naming as defendants
Nielsen, former Chief Executive Officer Dwight Mitchell Barns, and
former Chief Financial Officer Jamere Jackson. Another lawsuit,
which alleged similar facts but also named other Nielsen officers,
was filed in the Northern District of Illinois in September 2018
and transferred to the Southern District of New York in December
2018.
The actions were consolidated on April 22, 2019, and the Public
Employees' Retirement System of Mississippi was appointed lead
plaintiff for the putative class. The operative complaint was filed
on September 27, 2019, and asserts violations of certain provisions
of the Securities Exchange Act of 1934, as amended, based on
allegedly false and materially misleading statements relating to
the outlook of Nielsen's Buy segment (now "Global Connect," which
was sold in the first quarter of 2021), Nielsen's preparedness for
changes in global data privacy laws and Nielsen's reliance on
third-party data.
Nielsen moved to dismiss the operative complaint on November 26,
2019. On January 4, 2021, certain of the allegations against
Nielsen and its officers were dismissed, while others were
sustained. On February 3, 2022, the parties reached a settlement in
principle to resolve this litigation for $73 million.
On March 15, 2022, the terms of the settlement were formalized and
submitted to the Court for approval. The terms of the settlement
were approved by the Court on July 20, 2022.
Nielsen Holdings PLC, together with its subsidiaries, serves the
media and content ecosystem and is into audience measurement, data
and analytics based in New York.
NISSAN MOTOR: $36MM Class Settlement to be Heard on Sept. 19
------------------------------------------------------------
Robbins Geller Rudman & Dowd LLP issued a statement regarding the
Nissan Securities Litigation:
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
JACKSON COUNTY EMPLOYEES'
RETIREMENT SYSTEM, Individually and
on Behalf of All Others Similarly Situated,
Plaintiffs,
vs.
CARLOS GHOSN, et al.,
Defendants.
Civil Action No. 3:18-cv-01368
CLASS ACTION
Hon. William L. Campbell Jr.
Magistrate Judge Alistair Newbern
SUMMARY NOTICE OF PROPOSED
SETTLEMENT OF CLASS ACTION
TO: ALL PERSONS WHO, BETWEEN MAY 11, 2014 AND NOVEMBER 16, 2018,
INCLUSIVE, PURCHASED OR OTHERWISE ACQUIRED NISSAN MOTOR CO., LTD.
("NISSAN" OR THE "COMPANY") AMERICAN DEPOSITARY RECEIPTS ("ADRS")
ON THE OVER-THE-COUNTER MARKET ("OTC MARKET") AND ALL CITIZENS AND
RESIDENTS OF THE UNITED STATES WHO, BETWEEN MAY 11, 2014 AND
NOVEMBER 16, 2018, INCLUSIVE, PURCHASED OR OTHERWISE ACQUIRED
NISSAN COMMON STOCK ("CLASS" OR "CLASS MEMBERS")
THIS NOTICE WAS AUTHORIZED BY THE COURT. IT IS NOT A LAWYER
SOLICITATION. PLEASE READ THIS NOTICE CAREFULLY AND IN ITS
ENTIRETY.
YOU ARE HEREBY NOTIFIED that a hearing will be held on September
19, 2022, at 2:30 p.m., before the Honorable William J. Campbell
Jr. at the United States District Court, Middle District of
Tennessee, Fred D. Thompson United States Courthouse, 719 Church
Street, Nashville, TN 37203 to determine whether: (1) the proposed
settlement (the "Settlement") of the above-captioned Litigation as
set forth in the Stipulation of Settlement ("Stipulation")1 for
$36,000,000 in cash should be approved by the Court as fair,
reasonable and adequate; (2) the Judgment as provided under the
Stipulation should be entered dismissing the Litigation with
prejudice; (3) to award Lead Counsel attorneys' fees and expenses
out of the Settlement Fund (as defined in the Notice of Proposed
Settlement of Class Action ("Notice"), which is discussed below)
and, if so, in what amount; (4) to pay Plaintiffs for their costs
and expenses in representing the Class out of the Settlement Fund
and, if so, in what amount; and (5) the Plan of Allocation should
be approved by the Court as fair, reasonable and adequate.
IF YOU PURCHASED OR OTHERWISE ACQUIRED NISSAN ADRs ON THE OTC
MARKET OR ARE A UNITED STATES CITIZEN WHO PURCHASED OR OTHERWISE
ACQUIRED NISSAN COMMON STOCK BETWEEN MAY 11, 2014 AND NOVEMBER 16,
2018, INCLUSIVE, YOUR RIGHTS ARE AFFECTED BY THE SETTLEMENT OF THIS
LITIGATION.
To share in the distribution of the Settlement Fund, you must
establish your rights by submitting a Proof of Claim and Release
form ("Proof of Claim") by mail (postmarked no later than September
14, 2022) or electronically (no later than September 14, 2022).
Your failure to submit your Proof of Claim by September 14, 2022,
will subject your claim to rejection and preclude your receiving
any of the recovery in connection with the Settlement of this
Litigation. If you purchased or acquired Nissan ADRs on the OTC
Market or Nissan common stock between May 11, 2014 and November 16,
2018, inclusive, and do not request exclusion from the Class, you
will be bound in the United States by the Settlement and any
judgment and release entered in the Litigation, including, but not
limited to, the Judgment, whether or not you submit a Proof of
Claim.
If you have not received a copy of the Notice, which more
completely describes the Settlement and your rights thereunder
(including your right to object to the Settlement or seek exclusion
from the Class), and a Proof of Claim, you may obtain these
documents, as well as a copy of the Stipulation (which, among other
things, contains definitions for the defined terms used in this
Summary Notice) and other settlement documents, online at
www.NissanSecuritiesLitigation.com, or by writing to:
Nissan Securities Litigation
Claims Administrator
c/o Gilardi & Co. LLC
P.O. Box 43304
Providence, RI 02940-3304
Inquiries should NOT be directed to Defendants, the Court, or the
Clerk of the Court.
Inquiries, other than requests for the Notice or for a Proof of
Claim, may be made to Lead Counsel:
ROBBINS GELLER RUDMAN & DOWD LLP
Ellen Gusikoff Stewart
655 West Broadway, Suite 1900
San Diego, CA 92101
Telephone: 1-800-449-4900
settlementinfo@rgrdlaw.com
IF YOU DESIRE TO BE EXCLUDED FROM THE CLASS, YOU MUST SUBMIT A
REQUEST FOR EXCLUSION SUCH THAT IT IS RECEIVED BY AUGUST 29, 2022,
IN THE MANNER AND FORM EXPLAINED IN THE NOTICE. ALL CLASS MEMBERS
WILL BE BOUND BY THE SETTLEMENT EVEN IF THEY DO NOT SUBMIT A TIMELY
PROOF OF CLAIM.
IF YOU ARE A CLASS MEMBER, YOU HAVE THE RIGHT TO OBJECT TO THE
SETTLEMENT, THE PLAN OF ALLOCATION, THE REQUEST BY LEAD COUNSEL FOR
AN AWARD OF ATTORNEYS' FEES UP TO ONE-THIRD (33-1/3%) OF THE
$36,000,000 SETTLEMENT AMOUNT AND EXPENSES NOT TO EXCEED $250,000,
AND/OR THE PAYMENT TO PLAINTIFFS FOR THEIR COSTS AND EXPENSES NOT
TO EXCEED $25,000 IN THE AGGREGATE. ANY OBJECTIONS MUST BE FILED
WITH THE COURT BY SEPTEMBER 2, 2022 AND SENT TO LEAD COUNSEL AND
DEFENDANTS' COUNSEL BY AUGUST 29, 2022, IN THE MANNER AND FORM
EXPLAINED IN THE NOTICE.
Dated: May 26, 2022
BY ORDER OF THE COURT
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
1 The Stipulation can be viewed and/or obtained at
www.NissanSecuritiesLitigation.com
NORMA KAMALI: Velazquez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Norma Kamali, Inc.
The case is styled as Bryan Velazquez, on behalf of himself and all
others similarly situated v. Norma Kamali, Inc., Case No.
1:22-cv-06510 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Norma Kamali -- https://normakamali.com/ -- has been in the fashion
industry for over 50 years and is known for her innovative
designs.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
OASIS DAY SPA: Hanyzkiewicz Files ADA Suit in E.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against Oasis Day Spa, Inc.
The case is styled as Marta Hanyzkiewicz, on behalf of herself and
all others similarly situated v. Oasis Day Spa, Inc., Case No.
1:22-cv-04519 (E.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Oasis Day Spa, Inc. -- https://www.oasisdayspanyc.com/ -- is named
best of New York and best of Westchester for massage, facials and
day spa services.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
OBALTAN INC: Hanyzkiewicz Files ADA Suit in E.D. New York
---------------------------------------------------------
A class action lawsuit has been filed against Obaltan, Inc. The
case is styled as Marta Hanyzkiewicz, on behalf of herself and all
others similarly situated v. Obaltan, Inc., Case No. 1:22-cv-04520
(E.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Obaltan, Inc. is a barbecue, bar & grill, and Korean
restaurant.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
OK FINE FURNITURE: Dicks Files ADA Suit in S.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against Ok Fine Furniture,
Inc. The case is styled as Valerie Dicks, on behalf of herself and
all others similarly situated v. Ok Fine Furniture, Inc., Case No.
1:22-cv-06505 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ok Fine Furniture, Inc. doing business as OK the Store --
https://okthestore.com/ -- is a housewares and jewelry store
located in Los Angeles, California.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
ONE PATRIOT: Grant Files Suit Over Restaurant Servers' Unpaid Wages
-------------------------------------------------------------------
JESSICA GRANT and SARAH POWERS, on behalf of themselves, FLSA
Collective Plaintiffs and the Class, Plaintiffs v. ONE PATRIOT
PLACE, LLC d/b/a DAVIO'S, 443 LEXINGTON AVE, INC d/b/a DAVIO'S, 75
ARLINGTON STREET, INC d/b/a DAVIO'S, 151 GRANITE STREET, LLC d/b/a
DAVIO'S, 55 BOYLSTON STREET, LLC d/b/a DAVIO'S, 427 WALNUT STREET,
LLC d/b/a DAVIO'S, 111 S. 17th STREET, INC d/b/a DAVIO'S, 201 MAIN
STREET, LLC d/b/a DAVIO'S, 51 LIBERTY DRIVE, LLC d/b/a DAVIO'S
TASTES ON THE FLY LOGAN LLC d/b/a DAVIO'S 5761 GRANDSCAPE DRIVE LLC
d/b/a DAVIO'S, 3500 PEACHTREE ROAD LLC d/b/a DAVIO'S, and STEVE
DIFILLIPPO, Defendants, Case No. 1:22-cv-11148-PBS (D. Mass., July
15, 2022) seeks to recover from Defendants unpaid wages, including
overtime, due to invalid tip credit; unpaid wages, including
overtime, due to timeshaving; unpaid wages due to unreimbursed
uniform costs; interest and statutory penalties; liquidated
damages; and attorneys' fees and costs pursuant to the Fair Labor
Standards Act and various states wage laws.
Plaintiff Grant was employed by Defendants to work as a server at
Davio's Foxborough location in Massachusetts from January 2014
until July 4, 2021.
The Defendants own and operate a nationwide chain of restaurants
under the common trade name "Davio's," including seven locations in
Massachusetts, two locations in Pennsylvania, one location in
Georgia, one location in Texas, and one location in New York.[BN]
The Plaintiff is represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th, 8th Floor
New York, NY 10011
Telephone: (212) 465-1180
Facsimile: (212) 465-1181
PASSON & PASSON: King Sues Over Restaurant Staff's Unpaid Wages
---------------------------------------------------------------
AARON KING and ANDRIN JANQUENOUD, on behalf of themselves, FLSA
Collective Plaintiffs and the Class, Plaintiffs v. PASSON & PASSON
CORP., 229 BLEECKER LLC d/b/a TERRA, 225 WEST BROADWAY CORP d/b/a
ATTRAVERSA, GOOD LUCK RIBBON CORP. d/b/a ARICCIA, 7 WASHINGTON LANE
CORP. d/b/a ARIA HELL'S KITCHEN, 228 BLEECKER LLC d/b/a ARIA,
BRICIOLA CORP. d/b/a BRICIOLA, 230 BLEECKER CORP. d/b/a COTENNA, 62
CARMINE CORP. d/b/a CODINO, 329 BLEECKER CORP. d/b/a LABORATORIO,
ROBERTO PASSON, and TANYA HIRA-PASSON Defendants, Case No.
1:22-cv-06060 (S.D.N.Y., July 15, 2022) seeks to recover from
Defendants unpaid wages; unpaid wages, including overtime, due to a
policy of time-shaving; unpaid wages, including overtime, due to an
invalid tip credit; unpaid wages due to improperly deducted meal
credits; unpaid spread of hours premiums; unpaid call-in pay
premiums; illegal retention of gratuities; statutory penalties;
liquidated damages, and attorneys' fees and costs pursuant to the
Fair Labor Standards Act and the New York Labor Law.
The Plaintiffs bring claims for relief pursuant to the Federal
Rules of Civil Procedure Rule 23, on behalf of all non-exempt
front-of-house and back-of-house employees (including delivery
persons, servers, runners, bussers, porters, cooks, line-cooks,
food preparers and dishwashers) employed by Defendants. In addition
to Defendants' wage and hour violations, Plaintiff King and other
LGBTQ employees allegedly suffered from Defendants' discriminatory
practices and the hostile work environment based on Plaintiff's
sexual orientation, says the suit.
Plaintiff King was hired by Defendants to work as a bartender from
June 2016 until January 2020.
Plaintiff Jaqeunoud was hired by Defendants to work as a server and
bartender for Defendants at their Aria Hell's Kitchen restaurant
location from November 2016 until July 2019.
The Defendants operate several restaurants in New York City.[BN]
The Plaintiffs are represented by:
C.K. Lee, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, Second Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
PIVOTAL SOFTWARE: $42.5MM Class Settlement to be Heard on Oct. 4
----------------------------------------------------------------
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN RE: PIVOTAL SOFTWARE, INC. STOCKHOLDERS' LITIGATION
C.A. No. 2020-0440-KSJM
SUMMARY NOTICE OF PENDENCY AND PROPOSED SETTLEMENT OF STOCKHOLDER
CLASS ACTION,
SETTLEMENT HEARING, AND RIGHT TO APPEAR
This notice is for all former record holders and beneficial owners
of Class A common stock of Pivotal Software, Inc. ("Pivotal") who
received $15 per share in cash in exchange for their shares of
Pivotal Class A common stock in connection with the acquisition of
Pivotal by VMware, Inc. (the "Class Shares"), in their capacities
as record holders or beneficial owners of Class Shares, together
with their heirs, assigns, transferees, and successors-in-interest,
in each case in their capacity as holders of Class Shares (the
"Class").
Certain persons and entities are excluded from the Class by
definition, as set forth in the full Notice of Pendency and
Proposed Settlement of Stockholder Class Action, Settlement
Hearing, and Right to Appear (the "Notice"), available at
www.PivotalSoftwareStockholdersLitigation.com. Any capitalized
terms used in this Summary Notice that are not otherwise defined in
this Summary Notice shall have the meanings given to them in the
Stipulation and Agreement of Settlement, Compromise, and Release
dated June 2, 2022 (the "Stipulation"), which is also available at
www.PivotalSoftwareStockholdersLitigation.com.
Please read this SUMMARY notice carefully. your rights will be
affected by a class action lawsuit pending in this court.
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the Court of
Chancery of the State of Delaware (the "Court"), that the
above-captioned stockholder class action (the "Action") has been
certified as a class action on behalf of the Class defined above.
YOU ARE ALSO NOTIFIED that (i) plaintiff Kenia Lopez ("Plaintiff"),
on behalf of herself and the other members of the Court-certified
Class, with the exception of HBK Master Fund L.P. and HBK Merger
Strategies Master Fund L.P.; (ii) defendants VMware, Inc., Dell
Technologies Inc., Michael S. Dell, and Robert C. Mee (together,
"Defendants"); and (iii) Cynthia Gaylor (the "Former Defendant")
have reached a proposed settlement of the Action for $42,500,000 in
cash (the "Settlement"). The terms of the Settlement are stated in
the Stipulation entered into between Plaintiff, Defendants, and the
Former Defendant. If approved by the Court, the Settlement will
resolve all claims in the Action.
A hearing (the "Settlement Hearing") will be held on October 4,
2022 at 1:30 p.m., before The Honorable Kathaleen S. McCormick,
Chancellor, either in person at the Court of Chancery of the State
of Delaware, New Castle County, Leonard L. Williams Justice Center,
500 North King Street, Wilmington, Delaware 19801, or by telephone
or video conference (in the discretion of the Court), to, among
other things: (i) determine whether the proposed Settlement on the
terms and conditions provided for in the Stipulation is fair,
reasonable, and adequate to the Class, and should be approved by
the Court; (ii) determine whether the Judgment, substantially in
the form attached as Exhibit D to the Stipulation, should be
entered dismissing the Action with prejudice as against Defendants;
(iii) determine whether the proposed Plan of Allocation of the Net
Settlement Fund is fair and reasonable, and should therefore be
approved; (iv) determine whether the application by Co-Lead Counsel
for an award of attorneys' fees and expenses, including Plaintiff's
application for an incentive award, should be approved; (v) hear
and rule on any objections to the Settlement, the proposed Plan of
Allocation, the application by Co-Lead Counsel for an award of
attorneys' fees and expenses, and/or Plaintiff's application for an
incentive award; and (vi) consider any other matters that may
properly be brought before the Court in connection with the
Settlement.
Any updates regarding the Settlement Hearing, including any changes
to the date or time of the hearing or updates regarding in-person
or remote appearances at the hearing, will be posted to the
Settlement website, www.PivotalSoftwareStockholdersLitigation.com.
If you are a member of the Class, your rights will be affected by
the pending Action and the Settlement, and you may be entitled to
share in the Net Settlement Fund. If you have not yet received the
Notice, you may obtain a copy of the Notice by contacting the
Settlement Administrator at Pivotal Software Stockholders
Litigation, c/o JND Legal Administration, P.O. Box 91321, Seattle,
WA 98111, 888-681-2126, or
info@PivotalSoftwareStockholdersLitigation.com. A copy of the
Notice can also be downloaded from the Settlement website,
www.PivotalSoftwareStockholdersLitigation.com.
If the Settlement is approved by the Court and the Effective Date
occurs, the Net Settlement Fund will be distributed on a pro rata
basis to Eligible Class Members in accordance with the proposed
Plan of Allocation stated in the Notice or such other plan of
allocation as is approved by the Court. Pursuant to the proposed
Plan of Allocation, each Eligible Class Member will be eligible to
receive a pro rata payment from the Net Settlement Fund equal to
the product of (i) the number of shares of Pivotal Class A common
stock held by the Eligible Class Member at the time such shares
were exchanged for the Acquisition Consideration and (ii) the
"Per-Share Recovery" for the Settlement, which will be determined
by dividing the total amount of the Net Settlement Fund by the
total number of shares Pivotal Class A common stock held by all of
the Eligible Class Members at the time such shares were exchanged
for the Acquisition Consideration. As explained in further detail
in the Notice at paragraphs 38-47, pursuant to the Plan of
Allocation, payments from the Net Settlement Fund to Eligible Class
Members will be made in the same manner in which Eligible Class
Members received the Acquisition Consideration. Eligible Class
Members do not have to submit a claim form to receive a payment
from the Settlement.
Any objections to the proposed Settlement, the proposed Plan of
Allocation, or Co-Lead Counsel's application for an award
attorneys' fees and expenses, including Plaintiff's application for
an incentive award, must be filed with the Register in Chancery in
the Court of Chancery of the State of Delaware and delivered to
Co-Lead Counsel and Defendants' Counsel such that they are received
no later than September 20, 2022, in accordance with the
instructions set forth in the Notice.
Please do not contact the Court or the Office of the Register in
Chancery regarding this Summary Notice. All questions about this
Summary Notice, the proposed Settlement, or your eligibility to
participate in the Settlement should be directed to the Settlement
Administrator or Co-Lead Counsel.
Requests for the Notice should be made to the Settlement
Administrator:
Pivotal Software Stockholders Litigation
c/o JND Legal Administration
P.O. Box 91321
Seattle, WA 98111
888-681-2126
info@PivotalSoftwareStockholdersLitigation.com
www.PivotalSoftwareStockholdersLitigation.com
Inquiries, other than requests for the Notice, should be made to
Co-Lead Counsel:
Edward Timlin
Bernstein Litowitz Berger & Grossmann LLP
1251 Avenue of the Americas, 44th Floor
New York, NY 10020
800-380-8496
settlements@blbglaw.com
Joel Fleming
Block & Leviton LLP
260 Franklin Street, Suite 1860
Boston, MA 02110
617-398‑5600
joel@blockleviton.com
BY ORDER OF THE COURT OF CHANCERY OF THE STATE OF
DELAWARE
PRACTICEMAX INCORPORATED: Hogsed Files Suit in D. Arizona
---------------------------------------------------------
A class action lawsuit has been filed against PracticeMax
Incorporated. The case is styled as Robert Hogsed, on behalf of
himself and all others similarly situated v. PracticeMax
Incorporated, Case No. 2:22-cv-01286-DJH (D. Ariz., Aug. 1, 2022).
The nature of suit is stated as Other Personal Property for Breach
of Contract.
PracticeMax -- https://practicemax.com/ -- has over 45 years of
experience providing business management and information technology
solutions to a diverse mix of health care providers.[BN]
The Plaintiff is represented by:
Cristina Perez Hesano, Esq.
PEREZ LAW GROUP PLLC
7508 N 59th Ave.
Glendale, AZ 85301
Phone: (623) 826-5593
Email: cperez@perezlawgroup.com
- and -
Terence Coates, Esq.
MARKOVITS STOCK & DEMARCO LLC
119 E Court Street Ste., 530
Cincinnati, OH 45202
Phone: (513) 651-3700
Fax: (513) 665-0219
Email: tcoates@msdlegal.com
PRICEWATERHOUSECOOPERS: $14.9M Settlement to be Heard on Sept. 13
-----------------------------------------------------------------
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
IN RE AEGEAN MARINE
PETROLEUM NETWORK, INC.
SECURITIES LITIGATION
Case No. 1:18-cv-04993 (NRB)
Hon. Naomi Reice Buchwald
SUMMARY NOTICE OF (I) PENDENCY OF CLASS ACTION AND PROPOSED PARTIAL
SETTLEMENTS; AND (II) FINAL APPROVAL HEARING FOR THE PARTIAL
SETTLEMENTS, PLANS OF ALLOCATION, MOTION FOR APPROVAL OF ATTORNEYS'
FEES AND REIMBURSEMENT OF LITIGATION EXPENSES AND APPLICATION FOR
THE ESTABLISHMENT OF A LITIGATION EXPENSE FUND
TO: All Persons who purchased or otherwise acquired Aegean
Marine Petroleum Network, Inc. ("Aegean") securities or sold Aegean
put options between February 27, 2014 through November 5, 2018,
inclusive (the "Settlement Class Period"), and were allegedly
damaged thereby.
The securities subject to these proposed Partial Settlements
consist of: (a) the common stock of Aegean (Tickers: ANWWQ; CINS:
Y0017S102) (pre-bankruptcy Aegean traded under the ticker "ANW");
(b) Aegean 4.00% Convertible Unsecured Senior Notes due 11/1/2018,
issued 10/23/2013 (CUSIP: EJ8900817; ISIN: USY0020QAA95); (c)
Aegean 4.25% Convertible Unsecured Senior Notes due 12/15/2021,
issued 12/19/2016 (CUSIP: 00773VAA4 (CUSIP changed to 00773VAB2 on
2/12/2018); ISIN: US00773VAB27); (d) Aegean call options; and (e)
Aegean put options (collectively, "Aegean Securities").
PLEASE READ THIS NOTICE CAREFULLY. YOUR RIGHTS MAY BE AFFECTED BY
TWO PROPOSED PARTIAL SETTLEMENTS OF A CLASS ACTION LAWSUIT PENDING
IN THIS COURT.
PLEASE DO NOT CONTACT THE COURT, ANY DEFENDANT, OR THEIR COUNSEL,
REGARDING THIS NOTICE.
ALL QUESTIONS ABOUT THIS NOTICE, THE PROPOSED PARTIAL SETTLEMENTS,
OR YOUR ELIGIBILITY TO PARTICIPATE IN THE PROPOSED PARTIAL
SETTLEMENTS SHOULD BE DIRECTED TO LEAD COUNSEL OR THE CLAIMS
ADMINISTRATOR, WHOSE CONTACT INFORMATION IS PROVIDED BELOW.
ADDITIONAL INFORMATION ABOUT THE PARTIAL SETTLEMENTS IS AVAILABLE
ON THE SETTLEMENT WEBSITE: www.aegeansecuritieslitigation.com.
YOU ARE HEREBY NOTIFIED, pursuant to Rule 23 of the Federal Rules
of Civil Procedure and an Order of the Court, that a Settlement
Class in the above-captioned litigation (the "Action") has been
preliminarily certified for the purposes of these proposed Partial
Settlements only.
YOU ARE ALSO NOTIFIED that Utah Retirement Systems ("Lead
Plaintiff"), on behalf of itself and the proposed Settlement Class,
has reached two proposed Partial Settlements (one with
PricewaterhouseCoopers Auditing Company S.A. ("PwC Greece") for
$14.9 million in cash and one with Deloitte Certified Public
Accountants, S.A. ("Deloitte Greece") for $14.9 million in cash)
that will, among other things, resolve all claims against PwC
Greece and Deloitte Greece (the "Settling Defendants") in the
Action (the "Partial Settlements") if approved.
A hearing (the "Final Approval Hearing") will be held before the
Honorable Naomi Reice Buchwald, United States District Judge for
the United States District Court for the Southern District of New
York, either telephonically, via video conference, or at 500 Pearl
Street, Courtroom 21-A, New York, New York, 10007 on September 13,
2022 at 2.pm., to, among other things, determine whether: (i) the
proposed Partial Settlements should be approved by the Court as
fair, reasonable and adequate; (ii) the Action should be dismissed
with prejudice against PwC Greece, final judgment should be entered
as to the claims against PwC Greece and the PwC Greece Released
Claims should be released as against the PwC Greece Released
Parties, as set forth in the PwC Greece Stipulation and Agreement
of Partial Settlement; (iii) the proposed PwC Greece Plan of
Allocation for distribution of the PwC Greece Settlement Fund and
any interest earned thereon, less Taxes, Notice and Administration
Costs, Litigation Expenses awarded by the Court, attorneys' fees
awarded by the Court, and any other costs, expenses, or amounts as
may be approved by the Court (the "PwC Greece Net Settlement Fund")
should be approved as fair and reasonable; (iv) the Action should
be dismissed with prejudice against Deloitte Greece, final judgment
should be entered as to the claims against Deloitte Greece and the
Deloitte Greece Released Claims should be released as against the
Deloitte Greece Released Parties, as set forth in the Stipulation
and Agreement of Partial Settlement with Deloitte Certified Public
Accountants, S.A.; (v) the proposed Deloitte Greece Plan of
Allocation for distribution of the Deloitte Greece Settlement Fund
and any interest earned thereon, less Taxes, Notice and
Administration Costs, Litigation Expenses awarded by the Court,
attorneys' fees awarded by the Court, and any other costs,
expenses, or amounts as may be approved by the Court (the "Deloitte
Greece Net Settlement Fund") should be approved as fair and
reasonable; (vi) whether Lead Counsel's application for attorneys'
fees and reimbursement of Litigation Expenses should be approved by
the Court; and (vii) whether Lead Counsel's application for the
establishment of a Litigation Expense Fund should be approved by
the Court. The Court may change the date of the Final Approval
Hearing without providing another notice. You do NOT need to attend
the Final Approval Hearing in order to receive a distribution from
the PwC Greece Net Settlement Fund and/or the Deloitte Greece Net
Settlement Fund.
IF YOU ARE A MEMBER OF THE SETTLEMENT CLASS, YOUR RIGHTS MAY BE
AFFECTED BY THE PROPOSED PARTIAL SETTLEMENTS AND YOU MAY BE
ENTITLED TO SHARE IN THE PWC GREECE NET SETTLEMENT FUND IF YOU
PURCHASED OR ACQUIRED AEGEAN SECURITIES BETWEEN MAY 17, 2017 AND
NOVEMBER 5, 2018 AND/OR THE DELOITTE GREECE NET SETTLEMENT FUND IF
YOU PURCHASED OR ACQUIRED AEGEAN SECURITIES BETWEEN FEBRUARY 27,
2014 AND NOVEMBER 5, 2018. If you have not yet received the printed
(a) Notice of (i) Pendency of Class Action and Proposed Partial
Settlements; and (ii) Final Approval Hearing For The Partial
Settlements, Plans of Allocation, Motion For Approval of Attorneys'
Fees and Reimbursement of Litigation Expenses and Application For
The Establishment of a Litigation Expense Fund ("Notice"), or (b)
the Proof of Claim and Release form ("Claim Form"), you can obtain
a copy of those documents on the settlement website
www.aegeansecuritieslitigation.com, or by contacting the Claims
Administrator:
In re Aegean Marine Petroleum Network, Inc. Securities Litigation
Claims Administrator
c/o A.B. Data, Ltd.
P.O. Box 173088
Milwaukee, WI 53217
Please refer to the settlement website for more detailed
information and to review the documents pertaining to the Proposed
Partial Settlements. Inquiries may also be made to Lead Counsel:
Nicole Lavallee
BERMAN TABACCO
44 Montgomery Street, Suite 650
San Francisco, CA 94104
Telephone: (415) 433-3200
law@bermantabacco.com
The PwC Greece Net Settlement Fund and the Deloitte Greece Net
Settlement Fund (i.e., the Settlement Amount plus any and all
interest earned thereon less (i) any Taxes; (ii) any Notice and
Administration Costs; (iii) any cost and expense reimbursement
awarded by the Court; (iv) any attorneys' fees awarded by the
Court; and (v) any other costs or fees approved by the Court) will
be distributed to Class Members in accordance with the PwC Greece
Plan of Allocation and the Deloitte Greece Plan of Allocation.
If you are a potential Settlement Class Member, but wish to exclude
yourself from the Settlement Class, you must submit a written
request for exclusion in accordance with the instructions set forth
in the Notice, which can also be found on the settlement website,
received no later than August 23, 2022. If you are a potential
Settlement Class Member and do not timely exclude yourself from the
Settlement Class, you will be bound by any judgments or orders
entered by the Court in the Action.
Any objections to the proposed Partial Settlements, the PwC Greece
Plan of Allocation, the Deloitte Greece Plan of Allocation, Lead
Counsel's application for attorneys' fees and reimbursement of
expenses and/or Lead Counsel's application for the establishment of
a Litigation Expense Fund must be submitted to the Court in
accordance with the instructions set forth in the Notice, received
no later than August 23, 2022, and filed with the Court no later
than August 23, 2022.
DATED: June 27, 2022
THE HONORABLE NAOMI REICE BUCHWALD
District Judge, United States District Court for the Southern
District of New York
PROTOFAST HOLDING: Fails to Pay Proper Wages, Clavel Suit Alleges
-----------------------------------------------------------------
JUAN CLAVEL, individually and on behalf of all others similarly
situated, Plaintiffs v. MARCO GIL; and PROTOFAST HOLDING CORP.,
Defendants, Case No. 2:22-cv-04486 (E.D.N.Y., July 29, 2022) seeks
to recover from the Defendants unpaid wages and overtime
compensation, interest, liquidated damages, attorneys' fees, and
costs under the Fair Labor Standards Act.
Plaintiff Clavel was employed by Defendants as a construction
worker.
PROTOFAST HOLDING CORP. is a sheet metal fabricator. It offers
plating, press brakes, assembly modeling, laser cutting, resistance
welding, shearing, punch presses, and turret punching. [BN]
The Plaintiff is represented by:
Marcus Monteiro, Esq.
MONTEIRO & FISHMAN LLP
91 N. Franklin Street, Suite 108
Hempstead, N.Y. 11550
Telephone: (516) 280-4600
Facsimile: (516) 280-4530
Email: mmonteiro@mflawny.com
SAKS OFF 5TH: Velazquez Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Saks Off 5th, LLC.
The case is styled as Bryan Velazquez, on behalf of himself and all
others similarly situated v. Saks Off 5th, LLC, Case No.
1:22-cv-06524 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Saks Off 5th -- https://www.saksoff5th.com/ -- formerly Saks Fifth
Avenue Off 5th, is an American off-price department store chain
founded in 1990, and a sister brand to the luxury department store
chain Saks Fifth Avenue.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
SANDRIDGE MISSISSIPPIAN: Class Settlement to be Heard on Sept. 22
-----------------------------------------------------------------
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF OKLAHOMA
DUANE & VIRGINIA LANIER TRUST,
individually and on behalf of all others
similarly situated,
Plaintiffs,
v.
SANDRIDGE MISSISSIPPIAN TRUST I, et al.,
Defendants
Case No. 5:15-CV-00634-G
NOTICE OF PENDENCY AND
PROPOSED PARTIAL SETTLEMENT OF CLASS ACTION
If you purchased or otherwise acquired common units of SandRidge
Mississippian Trust I ("Trust I"), between April 5, 2011 and
November 8, 2012, inclusive, or common units of SandRidge
Mississippian Trust II ("Trust II," and with Trust I, "SandRidge
Trusts") between April 17, 2012 and November 8, 2012, inclusive,
you may be entitled to a payment. Under law, a federal court has
authorized this Notice.
This is not attorney advertising.
If approved by the Court, the Settlement will provide $13,942,500
("Settlement Amount") gross, plus interest as it accrues, minus
attorneys' fees, costs, administrative expenses, and net of any
taxes on interest, to pay claims of investors who purchased
SandRidge Trusts common units pursuant to the SandRidge Trust
Offerings or during the Settlement Class Period.
The Settlement represents an estimated average recovery of $0.289
per common unit of the SandRidge Trusts for the approximately
48,300,000 common units outstanding at the end of the Settlement
Class Period. A common unit may have been traded more than once
during the Settlement Class Period. This estimate solely reflects
the average recovery per common unit of the SandRidge Trusts common
units. The indicated average recovery per common unit will be the
total average recovery for all purchasers of that common unit. This
is not an estimate of the actual recovery per common unit you
should expect. Your actual recovery will depend on the aggregate
losses of all Settlement Class Members, the date(s)
you purchased and sold the SandRidge Trusts common units, and the
total number of claims filed.
Attorneys for Plaintiffs ("Plaintiffs' Counsel") intend to ask the
Court to award them fees of up to one third plus interest of the
Settlement Amount (up to $4,647,500, plus interest), reimbursement
of litigation expenses of no more than $1,750,000, and an Award to
Lead Plaintiffs collectively not to exceed $61,000. Collectively,
the attorneys' fees and expenses and Award to Lead Plaintiffs are
estimated to average $0.134 per common unit of the SandRidge
Trusts. If approved by the Court, these
amounts will be paid from the Settlement Fund.
The approximate recovery, after deduction of attorneys' fees and
interest and expenses approved by the Court, is an average of
$0.155 per outstanding common unit of the SandRidge Trusts. This
estimate is based on the assumptions set forth in the preceding
paragraphs. Your actual recovery, if any, will depend on the
aggregate losses of all Settlement Class Members, the date(s) you
purchased and sold the SandRidge Trusts common units, the purchase
and sales prices, and the total number and amount
of claims filed.
The Settlement resolves the claims concerning whether Defendants
Tom L. Ward, Matthew K. Grubb, and James D. Bennett (collectively,
"Settling Defendants") violated federal securities laws by
allegedly making misrepresentations and/or omissions of material
fact in various filings with the U.S. Securities
and Exchange Commission and in other public statements to the
investing public concerning the production, reserves, and economics
of the SandRidge Trusts' core holdings in an area referred to as
the Mississippian play (the "Mississippian") throughout the
Settlement Class Period (the "Action").
Settling Defendants have denied and continue to deny each, any, and
all allegations of wrongdoing, fault, liability, or damage
whatsoever asserted by Plaintiffs. Settling Defendants have also
denied, inter alia, the allegations that Plaintiffs or the
Settlement Class have suffered damages or that Plaintiffs or the
Settlement Class were harmed by the conduct alleged in the Action.
Settling Defendants continue to believe the claims asserted against
them in the Action are wholly without merit.
Your legal rights will be affected whether you act or do not act.
If you do not act, you may permanently forfeit your right to
recover on the Released Claims. Therefore, you should read this
Notice carefully.
This Settlement does not resolve the claims against SandRidge
Mississippian Trust I or SandRidge Energy, Inc. (with Settling
Defendants, "Defendants").
YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
SUBMIT A CLAIM FORM
NO LATER THAN
AUGUST 19, 2022
The only way to get a payment.
EXCLUDE YOURSELF
NO LATER THAN
SEPTEMBER 2, 2022
Get no payment. This is the only option that allows you to ever be
part of any other lawsuit against the Settling Defendants or the
other Released Persons about the legal claims related to the issues
in this Action.
OBJECT NO LATER THAN
SEPTEMBER 22, 2022
Write to the Court about why you do not like the Settlement
GO TO A HEARING ON
OCTOBER 6, 2022
Ask to speak no later than September 22, 2022 in Court
about the fairness of the Settlement on October 6, 2022.
DO NOTHING
Get no payment. Give up rights. You will still be a Settlement
Class Member, which means that you give up your right to ever be
part of any other lawsuit against the Settling Defendants about the
legal claims being resolved by this Settlement and you will be
bound by any judgments or orders entered by the Court in this
Action.
INQUIRIES
Please do not contact the Court regarding this Notice. All
inquiries concerning this Notice, the Proof of Claim and Release
Form, or any other questions by Settlement Class Members should be
directed to:
SandRidge Trusts Securities Settlement
c/o Strategic Claims Services
P.O. Box 230
600 N. Jackson St., Ste. 205
Media, Pennsylvania 19063
Tel.: (866) 274-4004
Fax: (610) 565-7985
Email: info@strategicclaims.net
or
Plaintiffs' Counsel
Jonathan Horne, Esq.
THE ROSEN LAW FIRM, P.A.
275 Madison Avenue, 40th Floor
New York, New York 10016
Tel.: (212) 686-1060
Fax: (212) 202-3827
Email: jhorne@rosenlegal.com
SOCLEAN INC: Renn Suit Transferred to W.D. Pennsylvania
-------------------------------------------------------
The case styled as Donna Renn, on behalf of herself and all others
similarly situated v. SoClean Inc., Case No. 1:22-cv-00396 was
transferred from the U.S. District Court for the Middle District of
Alabama, to the U.S. District Court for the Western District of
Pennsylvania on July 26, 2022.
The District Court Clerk assigned Case No. 2:22-cv-01071-JFC to the
proceeding.
The nature of suit is stated as Other Fraud.
SoClean, Inc. -- https://www.soclean.com/ -- manufactures cleaning
devices. The Company produces automated continuous positive airway
pressure (CPAP) cleaners and sanitizers which improves health
outcomes and quality of life for those suffering from obstructive
sleep apnea and other sleeping disorders.[BN]
The Plaintiff is represented by:
Danielle L. Perry, Esq.
Gary E. Mason, Esq.
MASON LLP
5101 Wisconsin Ave., Suite 305
Washington, DC 20016
Phone: (202) 429-2290
Fax: (202) 429-2294
Email: gmason@masonllp.com
- and -
Ronald Verdell Johnson, IV, Esq.
Russell L. Johnson, Esq.
DEAKLE-JOHNSON LAW FIRM, PLLC
P.O. Box 2072
Hattiesburg, MS 39403
Phone: (601) 544-0631
- and -
Ruth Anne French-Hodson, Esq.
Sarah T. Bradshaw, Esq.
SHARP LAW, LLP
4820 W. 75th St.
Prairie Village, KS 66208
Phone: (913) 901-0505
Fax: (913) 901-0419
Email: rafrenchhodson@midwest-law.com
- and -
Jubal Hamil, Esq.
DEAKLE SHOLTIS & HAMIL
160 Congress Street
Mobile, AL 36603
Phone: (251) 432-6020
Email: jhamil@dshfirm.com
SOCLEAN INC: Schaefer Class Suit Moved From N.D. Ohio to W.D. Pa.
-----------------------------------------------------------------
The case styled SHAREN SCHAEFER, individually and on behalf of all
others similarly situated v. SOCLEAN, INC., Case No. 1:22-cv-01254,
was transferred from the U.S. District Court for the Northern
District of Ohio to the U.S. District Court for the Western
District of Pennsylvania on July 28, 2022.
The Clerk of Court for the Western District of Pennsylvania
assigned Case No. 2:22-cv-01094-JFC to the proceeding.
The case arises from the Defendant's alleged breach of express
warranty, breach of implied warranty of merchantability, fraudulent
misrepresentation, fraud by omission, negligent misrepresentation,
unjust enrichment, and violations of Ohio Consumer Sales Practices
Act by failing to disclose to consumers that its continuous
positive airway pressure cleaning device emits ozone.
SoClean, Inc. is a manufacturer of cleaning devices, with its
principal place of business in Peterborough, New Hampshire. [BN]
The Plaintiff is represented by:
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER, L.P.A.
4445 Lake Forest Drive, Suite 490
Cincinnati, OH 45242
Telephone: (513) 345-8297
E-mail: jgoldenberg@gs-legal.com
- and –
Ruth Anne French-Hodson, Esq.
Sarah T. Bradshaw, Esq.
SHARP LAW FIRM
4820 W. 75th St.
Prairie Village, KS 66208
Telephone: (913) 901-0505
E-mail: rafrenchhodson@midwest-law.com
sbradshaw@midwest-law.com
- and –
Gary E. Mason, Esq.
Danielle L. Perry, Esq.
MASON LLP
5101 Wisconsin Ave., Suite 305
Washington, DC 20016
Telephone: (202) 429-2290
E-mail: gmason@masonllp.com
dperry@masonllp.com
SOCLEAN INC: Vernon Suit Transferred to W.D. Pennsylvania
---------------------------------------------------------
The case styled as Dale Vernon, Sr., on behalf of himself and all
others similarly situated v. SoClean Inc., Case No. 1:22-cv-01129
was transferred from the U.S. District Court for the Northern
District of Ohio, to the U.S. District Court for the Western
District of Pennsylvania on July 26, 2022.
The District Court Clerk assigned Case No. 2:22-cv-01069-JFC to the
proceeding.
The nature of suit is stated as Other Contract.
SoClean, Inc. -- https://www.soclean.com/ -- manufactures cleaning
devices. The Company produces automated continuous positive airway
pressure (CPAP) cleaners and sanitizers which improves health
outcomes and quality of life for those suffering from obstructive
sleep apnea and other sleeping disorders.[BN]
The Plaintiff is represented by:
Jeffrey S. Goldenberg, Esq.
GOLDENBERG SCHNEIDER
4445 Lake Forest Drive, Ste. 490
Cincinnati, OH 45242
Phone: (513) 345-8291
Email: jgoldenberg@gs-legal.com
SPERO THERAPEUTICS: Memon Files Suit Over Share Price Drop
-----------------------------------------------------------
KASHIF MEMON, Individually and on Behalf of All Others Similarly
Situated, Plaintiff v. SPERO THERAPEUTICS, INC., ANKIT MAHADEVIA,
and SATYAVRAT SHUKLA, Defendants, Case No. 1:22-cv-04154 (E.D.N.Y.,
July 15, 2022) is a federal securities class action on behalf of
the Plaintiff and a class consisting of all persons and entities
other than Defendants that purchased or otherwise acquired Spero
securities between May 6, 2021 and May 2, 2022, both dates
inclusive, seeking to recover damages caused by Defendants'
violations of the federal securities laws and to pursue remedies
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934 and Rule 10b-5 promulgated thereunder, against the Company and
certain of its top officials.
On October 28, 2021, Spero announced that it had submitted a New
Drug Application (NDA) to the U.S. Food and Drug Administration for
Tebipenem HBr for the Treatment of Complicated Urinary Tract
Infections including Pyelonephritis.
According to the complaint, throughout the Class Period, Defendants
made materially false and misleading statements regarding the
Company's business, operations, and prospects. Specifically,
Defendants made false and/or misleading statements and/or failed to
disclose that: (i) the data submitted in support of the Tebipenem
HBr NDA were insufficient to obtain FDA approval; (ii) accordingly,
it was unlikely that the FDA would approve the Tebipenem HBr NDA in
its current form; (iii) the foregoing would necessitate a
significant workforce reduction and restructuring of Spero's
operations; and (iv) as a result, the Company's public statements
were materially false and misleading at all relevant times, says
the suit.
On this news, Spero's stock price fell $3.24 per share, or 63.65%,
to close at $1.85 per share on May 3, 2022.
As a result of Defendants' alleged wrongful acts and omissions, and
the precipitous decline in the market value of the Company's
securities, Plaintiff and other Class members have suffered
significant losses and damages, the suit asserts.
Spero Therapeutics, Inc. is a clinical-stage biopharmaceutical
company which focuses on identifying, developing, and
commercializing treatments for multi-drug resistant bacterial
infections and rare diseases in the United States.[BN]
The Plaintiff is represented by:
Jeremy A. Lieberman, Esq.
J. Alexander Hood II, Esq.
Thomas H. Przybylowski, Esq.
POMERANTZ LLP
600 Third Avenue
New York, NY 10016
Telephone: (212) 661-1100
Facsimile: (917) 463-1044
E-mail: jalieberman@pomlaw.com
ahood@pomlaw.com
tprzybylowski@pomlaw.com
- and -
Brian Schall, Esq.
THE SCHALL FIRM
2049 Century Park East, Ste. 2460
Los Angeles, CA 90067
Telephone: (310) 301-3335
E-mail: brian@schallfirm.com
SPORT CLIPS: Hwang Files ADA Suit in S.D. New York
--------------------------------------------------
A class action lawsuit has been filed against Sport Clips, Inc. The
case is styled as Jenny Hwang, on behalf of herself and all others
similarly situated v. Sport Clips, Inc., Case No. 1:22-cv-04448
(S.D.N.Y., July 28, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Sport Clips -- https://sportclips.com/ -- is a national
sports-themed hair care franchise specializing in haircuts for men
and boys.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
STELVIO TRANSPORT: Ortega Wage-and-Hour Suit Goes to C.D. Cal.
--------------------------------------------------------------
The case styled EDUARDO ORTEGA, individually and on behalf of all
others similarly situated v. STELVIO TRANSPORT, LLC, AMAZON
LOGISTICS, INC., and DOES 1 through 100, Case No. 2207825, was
removed from the Superior Court of California, San Bernardino
County, to the U.S. District Court for the Central District of
California on July 28, 2022.
The Clerk of Court for the Central District of California assigned
Case No. 5:22-cv-01320 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Labor Code and the California's Business and Professions
Code including failure to pay overtime, failure to pay minimum
wage, failure to pay meal period premiums, failure to pay rest
period premiums, failure to reimburse expenses, failure to timely
pay wages upon termination, and unfair competition.
Stelvio Transport, LLC is a transportation services provider, with
its principal place of business in San Diego, California.
Amazon Logistics, Inc. is a logistics services company, with its
principal place of business in Seattle, Washington. [BN]
The Defendant is represented by:
Tim L. Johnson, Esq.
Nikolas T. Djordjevski, Esq.
Yousaf M. Jafri, Esq.
OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
4660 La Jolla Village Drive, Suite 900
San Diego, CA 92122
Telephone: (858) 652-3100
Facsimile: (858) 652-3101
E-mail: tim.johnson@ogletree.com
nikolas.djordjevski@ogletree.com
yousaf.jafri@ogletree.com
SUNDIAL GROWERS: $7MM Class Settlement to be Heard on Oct. 12
-------------------------------------------------------------
The Rosen Law Firm, P.A. and Levi & Korsinsky disclosed that the
United States District Court for the Southern District of New York
has approved the following announcement of a proposed class action
settlement that would benefit purchasers Sundial Growers Inc.
common stock (NASDAQ: SNDL):
SUMMARY NOTICE OF PENDENCY AND PROPOSED CLASS ACTION SETTLEMENT
TO: ALL PERSONS WHO PURCHASED OR ACQUIRED SUNDIAL GROWERS INC.
(NASDAQ: SNDL) COMMON STOCK IN OR PURSUANT AND/OR TRACEABLE TO THE
OFFERING DOCUMENTS ISSUED IN CONNECTION WITH SUNDIAL'S INITIAL
PUBLIC STOCK OFFERING, WHICH OCCURRED ON OR ABOUT AUGUST 1, 2019:1
YOU ARE HEREBY NOTIFIED, pursuant to an Order of the United States
District Court for the Southern District of New York, that a
hearing will be held on October 12, 2022, at 12:00 p.m. before the
Honorable Andrew L. Carter, Jr., United States District Judge of
the Southern District of New York, Thurgood Marshall U.S.
Courthouse, 40 Foley Square, Courtroom 1306, New York, NY 10007 for
the purpose of determining: (1) whether the proposed Settlement of
the claims in the above-captioned Action for $7,000,000.00 should
be approved by the Court as fair, reasonable, and adequate; (2)
whether the proposed plan to distribute the Settlement proceeds is
fair, reasonable, and adequate; (3) whether the application of Lead
Counsel for an award of attorneys' fees of up to 33 ⅓% plus
interest of the Settlement Amount, reimbursement of expenses of not
more than $125,000, and an Award to Plaintiffs of no more than
$20,000 in total, should be approved; and (4) whether this Action
should be dismissed with prejudice as set forth in the Stipulation
and Agreement of Settlement, dated December 2, 2021 (the
"Settlement Stipulation"). The Court reserves the right to hold the
Settlement Hearing telephonically or by other virtual means.
If you purchased or otherwise acquired Sundial Growers Inc.
("Sundial" or the "Company") common stock in or pursuant and/or
traceable to the offering documents issued in connection with
Sundial's initial public stock offering, which occurred on or about
August 1, 2019, your rights may be affected by this Settlement,
including the release and extinguishment of claims you may possess
relating to your ownership interest in Sundial common stock. If you
have not received a detailed Notice of Pendency and Proposed
Settlement of Class Action ("Notice") and a copy of the Proof of
Claim and Release Form, you may obtain copies by writing to or
calling the Claims Administrator: Sundial Growers Inc. Securities
Litigation, c/o Strategic Claims Services, P.O. Box 230, 600 N.
Jackson St., Ste. 205, Media, PA 19063; (Tel) (866) 274-4004; (Fax)
(610) 565-7985; info@strategicclaims.net. You can also download
copies of the Notice and submit your Proof of Claim and Release
Form online at www.strategicclaims.net/sundial/. If you are a
member of the Settlement Class, in order to share in the
distribution of the Net Settlement Fund, you must submit a Proof of
Claim and Release Form to the Claims Administrator, either
electronically no later than 11:59 p.m. EDT on October 5, 2022 or
by first class mail postmarked no later than October 5, 2022,
establishing that you are entitled to recovery. Unless you submit a
written exclusion request, you will be bound by any judgment
rendered in the Action whether or not you make a claim.
1 All capitalized terms not otherwise defined herein shall have the
same meanings as set forth in the Settlement Stipulation.
If you desire to be excluded from the Settlement Class, you must
submit to the Claims Administrator a request for exclusion so that
it is received no later than September 21, 2022, in the manner and
form explained in the Notice. All members of the Settlement Class
who have not requested exclusion from the Settlement Class will be
bound by any judgment entered in the Action pursuant to the
Settlement Stipulation.
Any objection to the Settlement, Plan of Allocation, or Lead
Counsel's request for an award of attorneys' fees and reimbursement
of expenses and Award to Plaintiffs must be in the manner and form
explained in the detailed Notice and received no later than
September 21, 2022, and must be mailed to each of the following:
Clerk of the Court
United States District Court
Southern District of New York
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, NY 10007
LEAD COUNSEL:
THE ROSEN LAW FIRM, P.A.
Jacob A. Goldberg
Leah Heifetz-Li
101 Greenwood Avenue
Suite 440
Jenkintown, PA 19046
LEVI & KORSINSKY
Adam Apton
Nicholas I. Porritt
Max Weiss
55 Broadway
10th Floor
New York, NY 10006
COUNSEL FOR DEFENDANTS
Counsel for Defendants Sundial Growers Inc., Torsten Kuenzlen,
James Keough, Edward Hellard, Greg Mills, Gregory Turnbull, Lee
Tamkee, and Elizabeth Cannon
SHEARMAN & STERLING LLP
Adam S. Hakki
Jeffrey D. Hoschander
599 Lexington Avenue
New York, New York 10022
Counsel for Defendants Cowen and Company, LLC, BMO Nesbitt Burns
Inc., RBC Dominion Securities Inc., Barclays Capital Canada Inc.,
CIBC World Markets Inc. and Scotia Capital Inc.
GOODWIN PROCTER LLP
Caroline Bullerjahn
100 Northern Avenue
Boston, Massachusetts 02210
If you have any questions about the Settlement, you may call or
write to Lead Counsel:
THE ROSEN LAW FIRM, P.A.
Jacob A. Goldberg
101 Greenwood Avenue, Suite 440
Jenkintown, PA 19046
Tel: (215) 600-2817
jgoldberg@rosenlegal.com
PLEASE DO NOT CONTACT THE COURT OR THE CLERK'S OFFICE REGARDING
THIS NOTICE.
Dated: June 23, 2022
BY ORDER OF THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF NEW YORK
TARGET CORPORATION: Solak Files Suit in N.D. New York
-----------------------------------------------------
A class action lawsuit has been filed against Target Corporation.
The case is styled as John Solak, individually and on behalf of all
others similarly situated v. Target Corporation, Case No.
3:22-cv-00813-TJM-ML (N.D.N.Y., Aug. 1, 2022).
The nature of suit is stated as Other Fraud.
Target Corporation -- https://www.target.com/ -- is an American big
box department store chain headquartered in Minneapolis,
Minnesota.[BN]
The Plaintiff is represented by:
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Road, Ste. 412
Great Neck, NY 11021
Phone: (516) 268-7080
Fax: (516) 234-7800
Email: spencer@spencersheehan.com
TD BANK: Improperly Assesses Double OON Fees, Polvay Suit Alleges
-----------------------------------------------------------------
JEROME POLVAY, individually on behalf of himself and all others
similarly situated, v. TD BANK, N.A., and DOES 1-10, inclusive,
Case No. 1:22-cv-04758 (D.N.J., July 26, 2022) is a consumer class
action case arising from the Defendant's breach of contract and
breach of the covenant of good faith and fair dealing as a result
of the Defendant's systematic assessment of unwarranted
out-of-network fee (OON) Fees for balance inquiries that were never
requested by the customer, in breach of its uniform account
agreement.
According to the complaint, TD Bank improperly assesses double OON
Fees for a balance inquiry of an account during the same
transaction. TD Bank offers a service to its account-holder
customers, as set forth in its account agreements, by which it
permits customers to use the ATM or debit card issued by TD Bank at
non-TD Bank ATM machines, including for requesting a cash
withdrawal or a balance inquiry. For use of this service, TD Bank
assesses an OON Fee in the amount of $3.00 for each cash withdrawal
or balance inquiry.
In the case of Plaintiff, the Plaintiff is a TD Bank account holder
who utilized an ATM machine owned and operated by third-party ATM
operator FCTI, Inc., which supplies ATMs with a uniform screen
interface at all 7-Eleven stores nationwide. The FCTI screen
interface only presents a single balance inquiry prompt in its
screen flow through which customers may request a balance inquiry,
but TD Bank unlawfully assesses two OON fees for a balance inquiry
when its customers use the FCTI ATMs. Indeed, no customer could
have requested multiple balance inquiries of the exact same account
during the same ATM transaction, says the suit.
The Plaintiff, on behalf of the class of all TD Bank customers who
were assessed double OON Fees for a balance inquiry of a single
account during the same ATM visit, and a subclass of all TD Bank
customers who were assessed double OON Fees for a balance inquiry
of a single account during the same visit at an ATM machine
operated by FCTI and located in 7-Eleven stores, brings claims of
breach of contract and breach of good faith and fair dealing
against the Defendant, seeking damages, restitution, injunction,
and other appropriate relief.[BN]
The Plaintiff is represented by:
Katrina Carroll, Esq.
Todd D. Carpenter, Esq.
(Eddie) Jae K. Kim, Esq.
LYNCH CARPENTER, LLP
111 W. Washington St., Ste. 1240
Chicago, IL 60602
Telephone: 312-750-1265
E-mail: katrina@lcllp.com
todd@lcllp.com
ekim@lcllp.com
THANK YOU: Appeals Attorney Fees' Ruling in Catzin Suit
-------------------------------------------------------
Defendants Exclusive Management Solution Group, Inc.., et al.,
filed an appeal from a court ruling entered in the lawsuit entitled
LUCIA LOPEZ CATZIN, ET AL., Plaintiffs v. THANK YOU & GOOD LUCK
CORP., Defendants, Case No. 15-cv-7109, in the U.S. District Court
for the Southern District of New York.
The Plaintiffs sued the Defendants -- a group of laundromats and
their owners -- asserting claims under the New York Labor Law
("NYLL") for failure to pay minimum and overtime wages, failure to
pay spread-of-hours payments, and failure to provide wage notices
and wage statements.
As reported in the Class Action Reporter on July 5, 2022, Judge
Andrew L. Carter, Jr., of the Southern District of New York granted
the Plaintiffs' motions for attorney's fees and to set aside the
jury's finding and enter judgment against Defendant Dimitri
Berezovsky.
The Clerk of the Court also entered judgment for the Plaintiffs and
against Defendants Berezovsky and EMSG as follows:
(1) To Plaintiff Lopez Catzin under the New York Labor Law
Sections 650, et seq., and 190, et seq., in the amount of
$233.88 for unpaid minimum wages;
(2) To Plaintiff Lopez Catzin under the NYLL Sections 650,
et seq., and 190, et seq., in the amount of $1,777.51 for
unpaid overtime wages;
(3) To Plaintiff Villano Clemente under the NYLL Sections
650, et seq., and 190, et seq., in the amount of $450.00
for unpaid minimum wages;
(4) To Plaintiff Villano Clemente under the NYLL Sections
650, et seq., and 190, et seq., in the amount of
$2,476.94 for unpaid overtime wages;
(5) To Plaintiff Aguilar-Cano under the NYLL Sections 650,
et seq., and 190, et seq., in the amount of $8,112.90 for
unpaid overtime wages;
(6) To Plaintiff Lopez Catzin under the NYLL Sections 650,
et seq., and 190, et seq., $1,961.38 in liquidated
damages;
(7) To Plaintiff Villano Clemente under the NYLL Sections
650, et seq., and 190, et seq., $2,926.94 in liquidated
damages;
(8) To Plaintiff Aguilar-Cano under the NYLL Sections 650,
et seq., and 190, et seq., $5,819.03 in liquidated
damages;
(9) To Plaintiff Lopez Catzin under the NYLL Section 198
$10,000 for NYLL Section 195 damages;
(10) To Plaintiff Villano Clemente under the NYLL Section 198
$10,000 for NYLL Section 195 damages;
(11) To Plaintiff Aguilar-Cano under the NYLL Section 198
$5,000 for NYLL Section 195 damages;
(12) To Plaintiff Lopez Catzin under the NYLL Sections 650,
et seq., and 190, et seq., $1,302.58 in prejudgment
interest;
(13) To Plaintiff Villano Clemente under the NYLL Sections
650, et seq., and 190, et seq., $1,857.68 in prejudgment
interest;
(14) To Plaintiff Aguilar-Cano under the NYLL Sections 650, et
seq., and 190, et seq., $7,081.56 in prejudgment
interest;
(15) To Plaintiffs attorneys' fees totaling $140,250.36 under
the NYLL Sections 663 and 198;
(16) To Plaintiffs attorneys' costs totaling $4,064.86 under
the NYLL Sections 663 and 198;
It was further ordered and adjudged that if any amounts under the
New York Labor Law Sections 650, et seq., and 190, et seq., remain
unpaid to the Plaintiffs upon the expiration of 90 days following
issuance of judgment, or 90 days after expiration of the time to
appeal and no appeal therefrom is then pending, whichever is later,
the total amount of judgment to the Plaintiffs under Sections 650,
et seq., and 190, et seq., will automatically increase by 15%.
The Defendants seek a review of this order.
The appellate case is captioned as Catzin v. Thank You & Good Luck
Corp., Case No. 22-1498, in the United States Court of Appeals for
the Second Circuit, filed on July 12, 2022.[BN]
Defendants-Appellants Exclusive Management Solution Group, Inc. and
Dimitri Berezovsky are represented by:
Mark Kook, Esq.
LAW OFFICE OF MARK R. KOOK
270 Madison Avenue
New York, NY 10016
Telephone: (212) 766-4100
Plaintiffs-Appellees Lucia Lopez Catzin, Silvia Villano Clemente,
Yadira Aguilar-Cano, individually and on behalf of others similarly
situated, are represented by:
Alan Gerald Serrins, Esq.
SERRINS & ASSOCIATES LLC
The Woolworth Building, 233 Broadway
New York, NY 10279
Telephone: (212) 384-0202
- and -
Michael Taubenfeld, Esq.
FISHER TAUBENFELD LLP
225 Broadway
New York, NY 10007
Telephone: (212) 571-0700
TRUSTEES OF BOSTON COLLEGE: Delacruz Files ADA Suit in S.D.N.Y.
---------------------------------------------------------------
A class action lawsuit has been filed against Trustees of Boston
College. The case is styled as Emanuel Delacruz, on behalf of
himself and all other persons similarly situated v. Trustees of
Boston College, Case No. 1:22-cv-06521 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Trustees of Boston College --
https://www.bc.edu/bc-web/about/trustees.html -- offers degrees in
both undergraduate and graduate level.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
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
UBER TECHNOLOGIES: Gill Antitrust Suit Removed to N.D. California
-----------------------------------------------------------------
The case styled TAJE GILL, ESTERPHANIE ST. JUSTE, and BENJAMIN
VALDEZ, individually and on behalf of all others similarly situated
v. UBER TECHNOLOGIES, INC. and LYFT, INC., Case No. 2022CH05869,
was removed from the Superior Court of the State of California, San
Francisco County, to the U.S. District Court for the Northern
District of California on July 28, 2022.
The Clerk of Court for the Northern District of California assigned
Case No. 3:22-cv-04379 to the proceeding.
The case arises from the Defendants' alleged violations of
antitrust law by restricting competition in the transport services
market.
Uber Technologies, Inc. is an American mobility as a service
provider, headquartered in San Francisco, California.
Lyft, Inc. is an American mobility as a service provider,
headquartered in San Francisco, California. [BN]
The Defendants are represented by:
Karen L. Dunn, Esq.
William A. Isaacson, Esq.
Kyle N. Smith, Esq.
Erica Spevack, Esq.
2001 K. Street, NW
Washington, DC 20006
Telephone: (202) 223-7300
E-mail: kdunn@paulweiss.com
wisaacson@paulweiss.com
ksmith@paulweiss.com
espevack@paulweiss.com
- and –
Joshua Hill Jr., Esq.
535 Mission Street, 24th Floor
San Francisco, CA 94105
Telephone: (628) 432-5100
E-mail: jhill@paulweiss.com
US PERSONNEL MGMT: $63MM OPM Settlement to be Heard on Oct. 14
--------------------------------------------------------------
Girard Sharp disclosed that individuals who were subject to the
data breaches of the U.S. Office of Personnel Management ("OPM")
and Its contractor, and who experienced an out-of-pocket loss after
the breaches, could be eligible for a payment from a class action
settlement.
The settlement has been reached in a class action lawsuit about the
data breaches of OPM and its security contractor that allegedly
compromised personal information of certain then-current and former
federal government employees and contractors, as well as certain
applicants for federal employment. The Defendants in the case --
OPM and its contractor Peraton Risk Decision Inc. ("Peraton") --
deny that they did anything wrong but have agreed to settle the
lawsuit. The Court has not decided who is right.
Who's in the Settlement? You are a Class Member if your personal
information was compromised as a result of the breaches of OPM's
electronic information systems in 2014 and 2015 or the breach of
Peraton's electronic information systems in 2013 and 2014; and if,
after May 7, 2014, you suffered an out-of-pocket expense or
compensable lost time: (1) to purchase a credit monitoring product,
credit or identity theft protection product, or other product or
service designed to identify or remediate the data breaches at
issue in this case; (2) to access, freeze or unfreeze a credit
report with a credit reporting agency; or (3) as a result of an
identity theft incident or to mitigate an identity theft incident.
What does the Settlement provide? Defendants will pay $63,000,000
into a Settlement Fund, which will be distributed to Class Members
who submit valid claims. Class Members who submit valid claims will
receive $700 or the actual amount of the claim -- whichever is
higher -- up to a maximum of $10,000. If the total value of all
valid claims, plus any incentive awards to named Plaintiffs,
exceeds the Settlement Fund, then the value of those individual
claims will be reduced in equal proportion.
What are your options? If you are a settlement class member, you
must fill out and submit a Claim Form to qualify for a payment. You
can quickly and easily file your claim online at
www.OPMDataBreach.com. You can also download a paper Claim Form
from the website or get one by calling the Claims Administrator at
1-855-917-3567. The completed Claim Form must be submitted online
or by mail postmarked no later than December 23, 2022.
If you are a Class Member and you don't want benefits from the
Settlement, and you want to keep your right to sue Defendants on
your own about the legal issues in this case, then you must take
steps to get out of the Settlement. This is called excluding
yourself from -- or "opting out" of -- the Class. If you do not
exclude yourself from the Settlement, you will remain in the Class
and will give up the right to sue Defendants for the claims
resolved by the Settlement. Your request for exclusion must be
submitted by mail postmarked by September 9, 2022. If you do not
exclude yourself from the Settlement, you may object to the
Settlement if you do not like any part of it. The deadline to
object is September 9, 2022. For more information, visit
www.OPMDataBreach.com.
The Court will hold a Fairness Hearing at 10:00 a.m. on
October 14, 2022. At this hearing, the Court will consider whether
the Settlement is fair, reasonable, and adequate. If there are
objections, the Court will consider them. The Court will listen to
people who have asked to speak at the hearing. You may attend at
your own expense, or you may also pay your own lawyer to attend,
but it is not necessary.
The above is a summary. The Settlement Agreement and more
information on the lawsuit and your rights are available at
www.OPMDataBreach.com or by calling toll-free 1-855-917-3567.
URL: www.OPMDataBreach.com
USHEALTH ADVISORS: Tiefenthaler Sues Over Telemarketing Calls
-------------------------------------------------------------
HANS TIEFENTHALER, on behalf of themselves and others similarly
situated, Plaintiff v. USHEALTH ADVISORS, LLC Defendant, Case No.
1:22-cv-11132 (D. Mass., July 14, 2022) seeks to enforce the
consumer-privacy provisions of the Telephone Consumer Protection
Act alleging that USHealth Advisors, LLC made telemarketing calls
to numbers on the National Do Not Call Registry, including the
Plaintiff's.
The complaint is brought on behalf of the Plaintiff and a proposed
nationwide class of other persons who received similar calls
because telemarketing campaigns typically use technology capable of
generating thousands of similar calls per day. The Plaintiff and
all members of the Class have been harmed by the acts of Defendant
because their privacy has been violated and they were annoyed and
harassed, says the suit.
USHealth Advisors, LLC is a health coverage provider.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (508) 221-1510
E-mail: anthony@paronichlaw.com
VENTURA COUNTY, CA: Sanders Appeals Summary Judgment in FLSA Suit
-----------------------------------------------------------------
Plaintiffs Anthony Sanders, et al., filed an appeal from a court
ruling entered in the lawsuit entitled ANTHONY SANDERS, SHAWN
HOLZBERGER, JUSTIN DOERING, ROBERT COUGHLIN, and VIRGINIA TINOCO,
on behalf of themselves and all similarly situated individuals,
Plaintiffs, v. COUNTY OF VENTURA, Defendant, Case No.
2:19-cv-06370, in the U.S. District Court for the Central District
of California, Los Angeles.
As previously reported in the Class Action Reporter, this complaint
filed on July 23, 2019, is brought pursuant to the provisions of
the Fair Labor Standards Act ("FLSA"), to recover from Defendant
unpaid overtime and other compensation, interest thereon,
liquidated damages, costs of suit, and reasonable attorney fees.
This action arises from Defendant's failure to include all
statutorily required forms of compensation in the "regular rate"
used to calculate overtime compensation for Plaintiffs and all
similarly situated individuals, as well as Defendant's practice of
deducting "opt-out" fees from the wages paid to Plaintiffs and
similarly situated individuals. This action also arises from
Defendant's failure to pay wages to employees free and clear, as
required by the FLSA, by deducting "risk-sharing" fees from the
wages of Plaintiffs and similarly situated individuals who opted
out of medical coverage, says the complaint.
On April 25, 2022, the Defendant filed a motion for summary
judgment as to first amended complaint or in the alternative,
partial summary judgment.
On the same day, the Plaintiffs filed a motion for partial summary
judgment as to dispositive motion summary judgment.
On June 14, 2022, Judge Michael W. Fitzgerald entered an Order
granting Defendant's motion for summary judgment and denying
Plaintiffs' motion for partial summary judgment.
The Plaintiffs seek a review of this ruling.
The appellate case is captioned as Anthony Sanders, et al. v.
County of Ventura, Case No. 22-55663, in the United States Court of
Appeals for the Ninth Circuit, filed on July 12, 2022.
The briefing schedule in the Appellate Case states that:
-- Appellants Robert Coughlin, Justin Doering, Shawn Holzberger,
Anthony Sanders and Virginia Tinoco Mediation Questionnaire was due
on July 19, 2022;
-- Transcript shall be ordered by today, August 10, 2022;
-- Transcript is due on September 9, 2022;
-- Appellants Robert Coughlin, Justin Doering, Shawn Holzberger,
Anthony Sanders and Virginia Tinoco opening brief is due on October
19, 2022;
-- Appellee County of Ventura answering brief is due on November
18, 2022; and
-- Appellant's optional reply brief is due 21 days after service
of the answering brief.[BN]
Plaintiffs-Appellants ANTHONY SANDERS, et al., on behalf of
themselves and all similarly situated individuals, are represented
by:
Taylor Johnna Davies-Mahaffey, Esq.
David Emilio Mastagni, Esq.
MASTAGNI HOLSTEDT, APC
1912 I Street
Sacramento, CA 95811
Telephone: (916) 446-4692
Defendant-Appellee COUNTY OF VENTURA is represented by:
Emily Gardner, Esq.
COUNTY OF VENTURA
880 S. Victoria Ave.
Ventura, CA 90039
Telephone: (805) 654-2573
- and -
Brian P. Walter, Esq.
LIEBERT CASSIDY WHITMORE
6033 West Century Boulevard, 5th Floor
Los Angeles, CA 90045-6415
WAL-MART STORES: Barringer Labor Suit Goes to C.D. California
-------------------------------------------------------------
The case styled CINDY BARRINGER, individually and on behalf of all
others similarly situated v. WAL-MART STORES, INC., DANIEL VELASCO,
and DOES 1-through 25, inclusive, Case No.
30-2022-01266172-CU-WT-CJC, was removed from the Superior Court of
the State of California, Orange County, to the U.S. District Court
for the Central District of California on July 28, 2022.
The Clerk of Court for the Central District of California assigned
Case No. 8:22-cv-01396 to the proceeding.
The case arises from the Defendants' alleged violations of the
California Fair Employment and Housing Act, the California Family
Rights Act, and the California's Public Policy including failure to
accommodate, failure to engage in an interactive process,
disability discrimination, retaliation, hostile work environment,
failure to prevent harassment and discrimination, interference,
retaliation, wrongful termination, negligent infliction of
emotional distress, and intentional infliction of emotional
distress.
Wal-Mart Stores, Inc. is an American multinational retail
corporation, headquartered in Bentonville, Arkansas. [BN]
The Defendant is represented by:
Kara L. Jassy, Esq.
Jacob M. Krall, Esq.
LITTLER MENDELSON, P.C.
633 West 5th Street, 63rd Floor
Los Angeles, CA 90071
Telephone: (213) 443-4300
Facsimile: (213) 443-4299
E-mail: kjassy@littler.com
jkrall@littler.com
WASTE CONNECTIONS: Diaz Labor Code Suit Removed to E.D. California
------------------------------------------------------------------
The case styled ALFONSO DIAZ, individually and on behalf of all
others similarly situated v. WASTE CONNECTIONS US, INC. and DOES 1
to 10, inclusive, Case No. 22CI000123, was removed from the
Superior Court of California, Tehama County, to the U.S. District
Court for the Eastern District of California on July 28, 2022.
The Clerk of Court for the Eastern District of California assigned
Case No. 2:22-at-00788 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 including failure to pay overtime wages, failure to pay all
wages and minimum wages, failure to provide compliant meal breaks,
failure to provide compliant rest breaks, failure to provide sick
pay, failure to timely pay wages during employment, failure to
timely furnish accurate itemized wage statements, failure to
maintain accurate records, waiting time penalties, failure to
reimburse business expenses, failure to furnish a safe and
healthful place of employment, and unfair business practices.
Waste Connections US, Inc. is a solid waste management company,
with its headquarters in The Woodlands, Texas. [BN]
The Defendant is represented by:
Gregory G. Iskander, Esq.
Daniel Xuli, Esq.
LITTLER MENDELSON P.C.
Treat Towers 1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone: (925) 932-2468
Facsimile: (925) 946-9809
E-mail: giskander@littler.com
dxuli@littler.com
WOODSPUR FARMING: Dicks Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Woodspur Farming,
LLC. The case is styled as Valerie Dicks, on behalf of herself and
all others similarly situated v. Woodspur Farming, LLC, Case No.
1:22-cv-06507 (S.D.N.Y., Aug. 1, 2022).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Woodspur Farms -- https://woodspurfarms.com/ -- is a California
date farm that specializes in organic dates in Coachella.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
10826 64th Avenue, Ste. 2nd Floor
Forest Hills, NY 11375
Phone: (917) 915-7415
Email: mars@khaimovlaw.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
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Copyright 2022. All rights reserved. ISSN 1525-2272.
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