/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/230327.mbx C L A S S A C T I O N R E P O R T E R Monday, March 27, 2023, Vol. 25, No. 62 Headlines ALTICOR INC: Court Certifies Class in Garcia Suit AMERICAN HONDA: Loses Bid to Strike Expert Testimony ANDREW CUOMO: Class Certification Expert Discovery Due June 22 BAYSIDE CONTRACTING: Saldivar Sues Over Unpaid Overtime Wages BELL ENERGY: Miller Sues to Recover Unpaid Overtime Wages BGB GROUP LIMITED: Campbell Files ADA Suit in S.D. New York BIG THINK CAPITAL: DeLorme Suit Transferred to C.D. California CHEMOURS COMPANY: Dismissed from Water Contanimation Suit CITIBANK NA: Open Motions in Frontpoint Suit Closed After Dismissal CLASSPASS INC: Chabolla Files Suit in N.D. California CLAYTON MANUFACTURING: Faccinto Files Suit in Cal. Super. Ct. CO-DIAGNOSTICS INC: Continues to Defend Gelt Securities Class Suit COTY INC: Amended Solis Class Complaint Dismissed Without Prejudice CREDIT MANAGEMENT: Joint Stipulation on Case Deadlines Approved CROSS-LINES RETIREMENT: Coe Bid to Seal Docs Denied w/o Prejudice DAO RESTAURANT: Filing of Class Status Bid Extended to April 5 DATANYZE LLC: Hudson Files "Placeholder" Bid for Class Cert. DELTA AIR LINES: Antitrust Suits Consolidated in DC Court DFA DAIRY: Bid for Class certification Must be Filed by July 28 DISH DBS: Continues to Defend 401(k) Plan Breach Class Suit EASTWOOD CONSTRUCTION: Russo Class Suit Remanded to State Court EPIC CARE INC: Wyatt Sues Over Unpaid Compensation GENERAL MOTORS: Buffenmyer Suit Removed to N.D. California GEO SECURE: Class Certification Bid Must be Filed by Nov. 3 GIFTROCKET INC: Class Cert Bid Must Comply w/ Rule 23, Court Says GLOBAL PERSONALS: Filing of Class Cert. Bid Due March 4, 2024 H&M HENNES & MAURITZ: Ventura Sues to Recover Wage Payments HAIR SPA LA LLC: Campbell Files Suit in C.D. California HARLEY-DAVIDSON: Lipkin Suit Transferred to E.D. Wisconsin HEALTH FIRST: Parties Must Confer Class Certification Deadlines HEARTBREAKER GUITARS: Toro Files ADA Suit in S.D. New York HERSHEY COMPANY: Ross Sues Over False and Misleading Labels HOME DEPOT: 6 Weeks Extension to File Class Cert Sought in Didzun HONEST COMPANY: Continues to Defend Sida Class Suit in California INSURANCE COMPANY: Issokson Files Bid for Class Certification KIRKLAND LAKE: Brahms Suit Seeks to Certify Class Action MICHIGAN: Court Narrows Claims in Price Suit MORTGAGE CAPITAL: Filing of Class Cert. Bid Due Oct. 26 MULTNOMAH COUNTY, OR: Detainee Class Gets Certification in Davis PAPA INC: Class Cert Hearing in Pardo Extended to July 13, 2023 PAYPAL HOLDINGS: Faces Securities Suit Over Incentive Campaigns PERVINE FOODS: Court Junks Seljak Class Suit PHL VARIABLE: Initial OK of Settlement & Distribution Plan Sought PORTOLA PHARMACEUTICALS: Amended Class Action Settlement Approved PRECISION IMAGING: Class Certification Bid Extended to Sept. 23 PURECYCLE TECHNOLOGIES: Continues to Defend Consolidated Class Suit QUIKSERVE CAJUN: Mora Files Suit in Cal. Super. Ct. REAL EATS AMERICA: Winter Sues Over Unpaid Wages and Benefits REILLY FOAM: Carreon Sues Over Unlawful Biometric Scanning RELENTLESS RECOVERY: Sanford Sues Over Unpaid Overtime Wages RENEOTECH INC: Nemirovsky Suit Removed to S.D. New York REVENTICS LLC: Robinson Files Suit in D. Colorado RIBBON HOME: Chen Sues Over Employment Loss Without Cause RICE DRILLING: Deadline to Answer Amended Complaint Extended ROBERTO COIN: Zinnamon Sues Over Blind-Inaccessible Website RXO LAST MILE: Sotomayor Sues Over Unpaid Compensations SAFEWAY INC: Cooper Files Suit in Cal. Super. Ct. SAINT-GOBAIN: Court OKs Filing of Amended Consolidated Complaint SAN DIEGO COUNTY, CA: Monzon Labor Suit Removed to S.D. Cal. SAN FRANCISCO BAR: Reed Employment Suit Removed to N.D. Cal. SAVAGE SERVICES: Cisneros Files Suit in Cal. Super. Ct. SAVOIR BEDS USA: Hernandez Files ADA Suit in S.D. New York SCISSORTAIL ENERGY: Filing for Class Cert Bid Due Jan. 26, 2024 SCVRH LLC: Court Certifies Employee Class in Garrett Suit SHARP HOLDING: King Seeks Conditional FLSA Collective Cert. SHINOLA/DETROIT LLC: Black Files ADA Suit in E.D. New York SIGNATURE BANK: Schaeffer Sues Over Exchange Act Violation SIGNATURE FLIGHT: Filing for Class Cert Bid Extended to Sept. 11 SIMPLY AUTHENTIC: Campbell Files ADA Suit in S.D. New York SKIN SPA: Hwang Files ADA Suit in E.D. New York SORRENTO THERAPEUTICS: Continues to Defend Wasa Securities Suit ST. CAMILLUS: Class Collective Cert. Bid Must be Filed by August 7 ST. CROIX OF PARK: Toro Files ADA Suit in S.D. New York STANDARD BIOTOOLS: Court Junks Securities Class Suit STEPHENS INSTITUTE: Nguyen Seeks to Certify Class of Students STORRS INSURANCE: Melgren Files TCPA Suit in E.D. Washington STUPP BROS: June 5 Extension to File Conditional Class Cert Sought SUMMIT UTILITIES: Weyrens Suit removed to E.D. Arkansas SUNLIGHT FINANCIAL: Rosen Law Named Lead Counsel in Fung Class Suit SVB FINANCIAL: Snook Sues Over Exchange Act Violation SYNGENTA CORP: H & R Farms Antitrust Suit Transferred to M.D.N.C. SYNGENTA CORP: Teche Farm Antitrust Suit Transferred to M.D.N.C. TCP HOT: Delcid Seeks Final Approval of Class Settlement TD BANK: Filing of Class Certification Bid Due April 26 TEACHERS INVESTMENT: Haley Seeks to Seal Noteware Declaration TEN BRIDGES: Taie, et al., File Bid for Class Certification TEP ROCKY: March 28 Extension for JPR to Submit Response Sought TRACY RENEWABLE ENERGY: Coronado Files Suit in Cal. Super. Ct. TRAEGER PELLET: Yates, Jones Seek to Seal Portions of Reply TRAFFIC MANAGEMENT: Rosales Files Suit in Cal. Super. Ct. TRANS UNION: Case Deadlines Stayed Pending Coffey Suit Ruling TRILOGY HEALTH: Santiago Sues Over Failure to Pay Overtime Wages TRIPLE CANOPY: Buckner Files Suit in Cal. Super. Ct. TUFIN SOFTWARE: Parties Seek 30-Day Extension to Case Deadlines TUFINA LLC: Toro Files ADA Suit in S.D. New York UMPQUA BANK: Camenisch, et al., File Class Certification Bid UNITED PROPERTY & CASUALTY: Beisert Files Suit in S.D. Texas UNITED STATES: Rud, et al., Seek to Certify Two Classes UPPER PENINSULA: Rudden Files Suit in W.D. Michigan USAA GENERAL: Court Dismisses Drozdz & Vest's Claims With Prejudice USAA GENERAL: Dismissal of Drozdz Class Action Sought VOLKSWAGEN GROUP: Steinhardt Sues Over Defective Alternator WAL-MART ASSOCIATES: April 21 Opposition to Class Cert Bid Sought WAL-MART ASSOCIATES: Bid for Class Certification Due May 26 WAREHOUSE GOODS: Miller Files ADA Suit in W.D. New York WAYFAIR LLC: Rodriguez Files ADA Suit in S.D. New York WELLS FARGO: Bid to Strike Easton Class Complaint Junked WHITE DRUG CO: Jones Files ADA Suit in S.D. New York WHITEFISH, MT: Court OK's Beck Bid to File Overlength Reply Brief WILLOW HILL SUPPLY: Toro Files ADA Suit in S.D. New York WINTRUST FINANCIAL: Rice Files Suit in M.D. Florida YORKSHIRE WINES: Hwang Files ADA Suit in E.D. New York YRULER INC: Pearson Suit Removed to N.D. Illinois ZENOBIA COMPANY: Toro Files ADA Suit in S.D. New York ZOLL MEDICAL: Smith Sues Over Inadequate Data Security ********* ALTICOR INC: Court Certifies Class in Garcia Suit ------------------------------------------------- In the class action lawsuit captioned as JOSHUA GARCIA, ANDREA P. BRANDT and HOWARD HART, individually and on behalf of all others similarly situated, v. ALTICOR, INC., THE BOARD OF DIRECTORS OF ALTICOR, INC., THE FIDUCIARY COMMITTEE OF ALTICOR, INC., and JOHN DOES 1-30, Case No. 1:20-cv-01078-PLM-PJG (W.D. Mich.), the Hon. Judge Paul L. Maloney entered an order: 1. certifying the following class: "All persons, except Defendants and their immediate family members, who were participants in or beneficiaries of the Plan, at any time between November 9, 2014 through the date of judgment (the "Class Period");" and 2. appointing the Plaintiffs Joshua Garcia, Andrea P. Brandt, and Howard Hart as Class representatives and appointing Capozzi Adler, P.C. as Class Counsel. On November 19, 2020, Plaintiffs filed the original Class Action Complaint. On February 19, 2021, the Defendants moved to dismiss the Complaint, which Motion was denied by the Court on August 9, 2021. On January 6, 2023, Plaintiffs filed their Motion for Class Certification and supporting memorandum and exhibits. Alticor Inc. owns and manages manufacturing and distribution facilities. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/40i7r89 at no extra charge.[CC] The Plaintiffs are represented by: Mark K. Gyandoh, Esq. Donald F. Reavey, Esq. CAPOZZI ADLER 312 Old Lancaster Road Merion Station, PA 19066 Telephone: (610) 890-0200 Facsimile: (717) 233-4103 E-mail: markg@capozziadler.com donr@capozziadler.com The Defendants are represented by: Edward J. Bardelli, Esq. WARNER NORCROSS + JUDD LLP 150 Ottawa Ave. NW, Suite 1500 Grand Rapids, Michigan 49503 Telephone: (616) 752-2165 Facsimile: (616) 752-2500 E-mail: ebardelli@wnj.com - and - Howard Shapiro, Esq. Stacey C.S. Cerrone, Esq. Lindsey Chopin, Esq. Adam R. Carlisle, Esq. JACKSON LEWIS P.C. 601 Poydras Street, Suite 1400 New Orleans, LA 70130 Telephone: (504) 208-1755 Facsimile: (504) 208-1759 E-mail: Howard.Shapiro@jacksonlewis.com Stacey.Cerrone@jacksonlewis.com Lindsey.Chopin@jacksonlewis.com Adam.Carlisle@jacksonlewis.com AMERICAN HONDA: Loses Bid to Strike Expert Testimony ---------------------------------------------------- In the class action lawsuit captioned as Dennis MacDougall et al., v. American Honda Motor Co., Inc et al., Case No. 8:17-cv-01079-JGB-DFM (C.D. Cal.), the Hon. Judge Jesus G. Bernal entered an order: 1. denying the Defendants' Motion to Strike the Expert Testimony of Stefan Boedeker; 2. denying the Defendants' motion to strike the Expert Testimony of Robert Parker; 3. granting-in-part and denying-in-part Defendants' motion for summary judgment; 4. dismissing the Defendant Honda North America, Inc.; and 5. approving Supplemental Briefing Regarding Class Certification. -- Motions to Strike Expert Testimony Honda moves to strike the testimony of Plaintiffs' economic expert, Mr. Stefan Boedeker, and of Plaintiffs' technical expert, Dr. Robert Parker. (Boedeker MTS, Parker MTS.) The Court initially granted the Boedeker MTS and denied the Parker MTS as moot. On appeal, the Ninth Circuit held that this Court abused its discretion by excluding Mr. Boedeker's testimony under Daubert and reversed. -- Mr. Boedeker The Ninth Circuit explained that "as a general rule, an expert's survey is admissible provided it is: (1) 'conducted according to accepted principles' and (2) 'relevant' to the issues in the case." Here, Mr. Boedeker used a survey methodology known as "choice-based conjoint analysis." Conjoint analysis measures respondents' willingness to pay for a product and the particular attributes of a product. Although Honda challenges the reliability of Mr. Boedeker's results, the Ninth Circuit held that such concerns as "the absence of market considerations, specific attribute selection, and the use of averages to evaluate the survey data" go to the weight of the expert testimony, not its admissibility. Accordingly, the Court deems Mr. Boedeker's testimony admissible and denies the Boedeker MTS. -- Dr. Parker Dr. Parker is a professor of mechanical engineering at Virginia Tech who studies vibration issues in power transmission systems. He submitted an initial declaration on January 15, 2019 (Parker Report) and a declaration in reply to Honda's expert on April 15, 2019. Honda seeks to strike all of Dr. Parker's testimony. -- Motion for Summary Judgment Honda moves the Court for summary judgment on all of Plaintiffs’ claims, or, in the alternative, for partial summary judgment on Plaintiffs' claims relating to vehicles other than the 2014 Honda Odyssey. Honda points to an absence of evidence that Plaintiffs' vehicles have the alleged defect, an element on which Plaintiffs bear the burden of proof at trial. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/40fv4hJ at no extra charge.[CC] ANDREW CUOMO: Class Certification Expert Discovery Due June 22 -------------------------------------------------------------- In the class action lawsuit captioned as M. G., et al v. Andrew Cuomo, et al., Case No. 7:19-cv-00639-CS-AEK (S.D.N.Y), the Hon. Judge Cathy Seibel entered an order approving the discovery and briefing deadlines as follows: 1. Completion of document productions March 13, 2023 and interrogatory responses to all previously served discovery requests: 2. The Defendants' rebuttal class May 23, 2023 certification expert disclosures, including service of expert reports: 3. All class certification expert June 22, 2023 discovery complete, including class certification expert depositions: 4. Fact depositions completed: Nov. 22, 2023 5. Any further interrogatories Nov. 22, 2023 and requests for production must be served: 6. Requests to admit must be Nov. 22, 2023 served: 7. Plaintiffs' merits expert Dec. 14, 2023 disclosures, including service of expert reports: 8. All fact discovery must be Dec. 22, 2023 completed: 9. The Defendants' merits expert Jan. 15, 2024 disclosures, including service of expert reports: 10. All expert discovery, including March 4, 2024 expert depositions: 11. All discovery must be completed: March 4, 2024 Judge Seibel have conferred with Magistrate Judge Krause, and they jointly approve the discovery and briefing deadlines. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3JS4Bla at no extra charge.[CC] The Plaintiffs are represented by: Elizabeth Woods, Esq. Sabina Khan, Esq. DISABILITY RIGHTS NEW YORK 279 Troy Road, Ste 9 Rensselaer, NY 12144 Telephone: (518) 432-7861 E-mail: elizabeth.woods@drny.org sabina.khan@drny.org - and - Elena Landriscina, Esq. Stefen R. Short, Esq. Robert M. Quackenbush, Esq. Sophia A. Gebreselassie, Esq. Veronica Vela, Esq. THE LEGAL AID SOCIETY 199 Water Street, 6th Floor New York, NY 10038 Telephone: (212) 577-3530 E-mail: elandriscina@legal-aid.org sshort@legal-aid.org rquackenbush@legal-aid.org sgebreselassie@legal-aid.org vvela@legal-aid.org - and - Walter Ricciardi, Esq. Crystal L. Parke, Esq.r Emily Vance, Esq. Chantalle Hanna, Esq. Samuel Margolis, Esq. PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019-6064 Telephone: (212) 373-3000 E-mail: wricciardi@paulweiss.com cparker@paulweiss.com evance@paulweiss.com channa@paulweiss.com smargolis@paulweiss.com The Counsel for the Defendants are: Owen T. Conroy, Esq. Adam Sansolo, Esq. Erin Kandel, Esq. Gee Won Cha, Esq. ASSISTANT ATTORNEYS GENERAL OFFICE OF THE ATTORNEY GENERAL STATE OF NEW YORK BAYSIDE CONTRACTING: Saldivar Sues Over Unpaid Overtime Wages ------------------------------------------------------------- Efrain Saldivar, on behalf of himself and others similarly situated v. BAYSIDE CONTRACTING, INC. d/b/a BAYSIDE CONTRACTING, BAYSIDE WAREHOUSE LLC d/b/a BAYSIDE CONTRACTING, PANAGIOTIS ECONOMOU and CHRISTOS ECONOMOU, Case No. 1:23-cv-02137 (S.D.N.Y., March 13, 2023), is brought pursuant to the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"), that he is entitled to recover from the Defendants: unpaid wages, including overtime, due time shaving; unpaid spread of hours premium; reimbursement for tools of the trade maintenance; compensation for late payments of wages; statutory penalties; liquidated damages; and attorney's fees and costs. Throughout Plaintiff's employment with Defendants, he was never paid the overtime compensation of one and a half times his regular rate of pay for his hours worked in excess of 40 hours per week, as required under the FLSA and NYLL. In fact, Plaintiff was not paid at all for his hours worked in excess of 40 hours per week due to Defendants' time shaving policy. FLSA Collective Plaintiffs and Class Members were similarly never compensated for overtime hours, says the complaint. The Plaintiff was hired by the Defendants as a construction helper, responsible for assembling scaffolding. BAYSIDE CONTRACTING, INC. d/b/a BAYSIDE CONTRACTING is a domestic business corporation organized under the laws of New York.[BN] The Plaintiff is represented by: CK Lee, Esq. Anne Seelig, Esq. LEE LITIGATION GROUP, PLLC 148 West 24th Street, 8th Floor New York, NY 10011 Phone: 212-465-1188 Fax: 212-465-1181 BELL ENERGY: Miller Sues to Recover Unpaid Overtime Wages --------------------------------------------------------- Shawn Miller, individually and on behalf of all others similarly situated v. BELL ENERGY SERVICES, LLC AND DAKOTA PETROLEUM SERVICES, LLC, Case 1:23-cv-00051-CRH (D.N.D., March 14, 2023), is brought to recover unpaid overtime wages and other damages from the Defendants under the Fair Labor Standards Act ("FLSA"), and North Dakota Century Code 34 and the North Dakota Minimum Wage and Work Conditions Order (together, the "ND Wage Laws"). The Defendants paid the Plaintiff the same rate for all hours worked, even those in excess of 40 hours in a workweek. The Defendants controlled all the significant or meaningful aspects of the job duties performed by the Plaintiff. The Defendants controlled the hours and locations the Plaintiff and the Putative Class Members worked, and the rate of pay received. The Plaintiff and the Putative Class Members were all paid on a per load basis and consistently worked between 60 and 80 hours per week. Instead of paying them overtime, the Defendants paid the Plaintiff and the Putative Class Members the same per load rate for all hours worked. The Defendants denied the Plaintiff and the Putative Class Members an overtime premium for any hours worked in excess of 40 hours in a single workweek. The Defendants' refusal to pay overtime policy is a clear violation of the FLSA, says the complaint. The Plaintiff was employed by the Defendants as a driver, hauling production and fresh water between oilfield sites in North Dakota from 2018 through December 2022. The Defendants transport fresh water and production water to and from various oilfield sites in North Dakota.[BN] The Plaintiff is represented by: Douglas B. Welmaker, Esq. WELMAKER LAW, PLLC 409 N. Fredonia, Suite 118 Longview, Texas 75601 Phone: (512) 799-2048 Email: doug@welmakerlaw.com BGB GROUP LIMITED: Campbell Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against BGB Group, Limited. The case is styled as Jovan Campbell, on behalf of herself and all others similarly situated v. BGB Group, Limited, Case No. 1:23-cv-02279 (S.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. BGB Group -- https://bgbgroup.com/ -- is a medical communications agency based in New York City that passionately fuses both creative execution and scientific insight.[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 BIG THINK CAPITAL: DeLorme Suit Transferred to C.D. California -------------------------------------------------------------- The case styled as Jamie DeLorme, on behalf of himself and all others similarly situated v. Big Think Capital, Inc., Case No. 0:22-cv-00968-NSB-DT was transferred from the U.S. District Court for the District of Minnesota, to the U.S. District Court for the Central District of California on March 16, 2023. The District Court Clerk assigned Case No. 2:23-mc-00037 to the proceeding. The nature of suit is stated as Other Statutory Actions. Big Think Capital -- https://bigthinkcapital.com/ -- provides financial services for helping businesses.[BN] The Plaintiff appears pro se. The Defendants are represented by: Daniel J. Spielfogel, Esq. DANIEL J SPIELFOGEL LAW OFFICES 2660 Townsgate Road Suite 600 Westlake Village, CA 91361 Phone: (805) 373-8907 Fax: (805) 373-8927 Email: dans@djslaw.com CHEMOURS COMPANY: Dismissed from Water Contanimation Suit --------------------------------------------------------- The Chemours Company disclosed in its Form 10-K report for the fiscal year ended December 31, 2022, filed with the Securities and Exchange Commission on February 10, 2023, that a putative class action was filed against two electroplating companies, 3M and EID, and two other defendants added in an amended complaint, alleging responsibility for PFAS contamination, including PFOA and PFOS, in drinking water and the environment in the nearby community. Although initially named in the lawsuit, Chemours was subsequently dismissed. The putative class of residents alleges negligence, nuisance, trespass, and other claims and seeks medical monitoring, personal injury and property damages, and punitive damages. The Chemours Company is a leading, global provider of performance chemicals based in Delaware. CITIBANK NA: Open Motions in Frontpoint Suit Closed After Dismissal ------------------------------------------------------------------- In the case, FRONTPOINT ASIAN EVENT DRIVEN FUND, LTD, et al., Plaintiffs v. CITIBANK, N.A., et al., Defendants, Case No. 16 Civ. 5263 (AKH) (S.D.N.Y.), Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York orders the Clerk of Court to terminate the open motions at ECF Nos. 445 and 471. The Order is pursuant to Judge Hellerstein's orders granting preliminary approval of class action settlements and orders of final judgment and dismissal. A full-text copy of the Court's March 7, 2023 Order is available at https://tinyurl.com/2p899pxr from Leagle.com. CLASSPASS INC: Chabolla Files Suit in N.D. California ----------------------------------------------------- A class action lawsuit has been filed against ClassPass, Inc. The case is styled as Katherine Chabolla, individually and on behalf of all others similarly situated v. ClassPass, Inc., Case No. 4:23-cv-00429-YGR (N.D. Cal., Jan. 30, 2023). The nature of suit is stated as Other Personal Property. ClassPass Inc. -- https://classpass.com/ -- is the largest health club aggregator by number of club partnerships, with over 30,000 health clubs in 28 countries.[BN] The Plaintiff is represented by: Alan R. Plutzik, Esq. Daniel Edward Birkhaeuser, Esq. Robert M. Bramson, Esq. BRAMSON PLUTZIK MAHLER & BIRKHAEUSER, LLP 2125 Oak Grove Road, Suite 125 Walnut Creek, CA 94598 Phone: (925) 945-0200 Fax: (925) 945-8792 Email: aplutzik@bramsonplutzik.com dbirkhaeuser@bramsonplutzik.com rbramson@bramsonplutzik.com - and - Ethan Roman, Esq. WITTELS MCINTURFF PALIKOVIC 305 Broadway, Ste. Floor 7 New York, NY 10007 Phone: (914) 775-8862 Email: edr@wittelslaw.com The Defendant is represented by: Christine Marie Reilly, Esq. Justin Jones Rodriguez, Esq. MANATT PHELPS & PHILLIPS LLP 2049 Century Park East, Suite 1700 Los Angeles, CA 90067 Phone: (310) 312-4237 Fax: (310) 312-4224 Email: creilly@manatt.com jjrodriguez@manatt.com CLAYTON MANUFACTURING: Faccinto Files Suit in Cal. Super. Ct. ------------------------------------------------------------- A class action lawsuit has been filed against Clayton Manufacturing Company. The case is styled as Anthony Faccinto, on behalf of himself and all others similarly situated, and on behalf of the general public v. Clayton Manufacturing Company, Case No. STK-CV-UOE-2023-0001903 (Cal. Super. Ct., San Joaquin Cty., Feb. 27, 2023). The case type is stated as "Unlimited Civil Other Employment." Clayton Manufacturing, Inc. -- https://www.claytonindustries.com/ -- manufactures general industrial machinery. The Company offers steam boilers and generators.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. OTKUPMAN LAW FIRM, ALC 28632 Roadside Dr, Ste 203 Agoura Hills, CA 91301-6015 Phone: (818) 293-5623 Fax: (888) 850-1310 Email: roman@OLFLA.com CO-DIAGNOSTICS INC: Continues to Defend Gelt Securities Class Suit ------------------------------------------------------------------ Co-Diagnostics Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 16, 2023, that the Company continues to defend itself from the Gelt securities class suit in the United States District Court for the District of Utah. On June 15, 2020, Gelt Trading Co. filed a lawsuit in the United States District Court for the District of Utah (“District of Utah”), against the Company and certain of our directors and officers, on behalf of itself and a putative class, seeking to recover damages for alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 (“Gelt Litigation”). The complaint alleges that Co-Diagnostics and the individual defendants overstated the accuracy of the Company's Logix Smart COVID-19 test in statements on April 30, 2020 and May 1, 2020, and that plaintiff suffered losses when the Company's stock price dropped after public reports questioned the accuracy of the Logix Smart test on May 14, 2020. On July 15, 2020, plaintiff filed an amended complaint. On March 10, 2021, the court appointed Gelt as Lead Plaintiff, and on April 7, 2021, Lead Plaintiff filed a second amended complaint (“SAC”), which asserts the same Sections 10(b) and 20(a) claims against the same defendants on largely the same theory. On May 5, 2021, the defendants moved to dismiss the SAC. On March 9, 2022, the court entered a Decision & Order denying the motion to dismiss, and on April 13, 2022, the defendants filed an answer to the SAC. On October 17, 2022, Gelt filed a motion to certify the putative class. Discovery is currently underway and the motion to certify the class is pending. The defendants believe the claims are without merit and intend to defend vigorously against them, but there can be no assurances as to the outcome. Co-Diagnostics, founded in 2013, specializes in DNA-based diagnostic testing technology developed by its founder, Brent Satterfield. COTY INC: Amended Solis Class Complaint Dismissed Without Prejudice ------------------------------------------------------------------- In the case, YERALDINNE SOLIS, Plaintiff v. COTY, INC.; NOXELL CORPORATION, Defendants, Case No. 22-cv-0400-BAS-NLS (S.D. Cal.), Judge Cynthia Bashant of the U.S. District Court for the Southern District of California grants the Defendants' motion to dismiss and dismisses without prejudice the Amended Complaint for lack of subject-matter jurisdiction. Solis brings the consumer-protection class action against Coty and Noxell. She alleges she purchased the Defendants' beauty product marketed as "safe" and "sustainable," when it contains harmful and carcinogenic chemicals called PFAS. Coty is a foreign corporation with its principal place of business located in New York, New York. It owns CoverGirl Cosmetics brand. Noxell is a subsidiary of Coty. Together, the Defendants formulate, design, manufacture, advertise, distribute, and sell CoverGirl's line of beauty products. In December 2021, Solis purchased a unit of CoverGirl's TruBlend Pressed Powder from a retail store in Escondido, California. Prior to purchase, Solis reviewed the Product's "packaging" and "labeling," images of which are provided both in the Amended Complaint at Paragraph 28 and at Exhibit K to the Defendants' Request for Judicial Notice. In particular, she read the statements on the Product's label, located on the backside of the Product's packaging, which states the Product is "dermatologically tested" and "suitable for sensitive skin." She also alleges she poured over statements in CoverGirl's and Coty's websites, as well as a Coty investor report, prior to purchasing the Product. Solis alleges that she believed the Product to be "safe for use and otherwise sustainable" based upon the representations and, thus, purchased the Product in reliance upon the truthfulness of those representations. However, she claims the Defendants' marketing is misleading, for the Product is neither "safe" nor "sustainable," but rather it is "unfit for use" and "poses a significant safety risk" because an organization called Toxin Free USA detected in samples of the Product heightened levels of organic fluorine, which are indicative of purportedly harmful per- and polyfluoroalkyl substances ("PFAS"). PFAS are a group of highly persistent, synthetic chemicals. According to the Food & Drug Administration ("FDA"), PFAS are often intentionally added to certain products such as foundation, lipstick, eyeliner, eyeshadow, and mascara. Although Solis does not contend there exists a federal or state regulation prohibiting the use of PFAS as an additive in cosmetic products, she avers that "PFAS are not necessary for the intended outcomes" and that several of the Defendants' peers do not use PFAS in their products. Solis alleges it is beyond dispute PFAS are toxic and carcinogenic. She claims exposure to PFAS in humans increases the risk of cancer, liver damage, fertility issues, asthma, and thyroid disease, and cites a number of studies linking PFAS to those diseases and health complications. She avers cosmetics that contain PFAS raise a particularly disconcerting health risk because users apply beauty products directly to the face—in particularly absorptive areas such as near the eyes and mouth—and habitually And because PFAS persist and accumulate over time, they are harmful even at very low levels. Crucially, Solis concedes, as she must, the Product's label discloses PTFE as one of its ingredients. She alleges PTFE -- known more commonly as Teflon -- is a type of PFAS chemical. Nevertheless, Solis alleges that because it is not yet scientifically feasible to isolate particular PFAS in a test sample, the exact source of organofluorine" in the Product "cannot be determined to solely come from PTFE. On March 25, 2022, Solis filed an initial complaint. On April 27, 2022, the Defendants filed a motion to dismiss. In lieu of filing an opposition, Solis filed her Amended Complaint. The Amended Complaint asserts 15 separately enumerated claims: (1) unlawful, unfair, and fraudulent business practices in violation of California's Unfair Competition Law ("UCL"); (2) violation of California's Consumer Legal Remedies Act; (3) breach of the implied warranty under the Song-Beverly Act; (4) violation of California's False Advertising Law ("FAL"); (5) fraud; (6) constructive fraud; (7) fraudulent inducement; (8) money had and received; (9) fraudulent concealment; (10) fraudulent misrepresentation; (11) negligent misrepresentation; (12) unjust enrichment; (13) breach of express warranty; (14) violation of the Magnuson-Moss Warranty ("MMW") Act; and (15) negligent failure to warn. She brings these claims on behalf of herself, a nationwide class, and a California subclass. The Defendants now move to dismiss the Amended Complaint pursuant to both Federal Rule of Civil Procedure 12(b)(1) for lack of subject-matter jurisdiction and Rule 12(b)(6) for failure to state a claim upon which relief can be granted. In particular, they assert the Amended Complaint fails to plead an injury-in-fact as a prerequisite of Article III standing. They further aver Solis fails to state a single claim upon which relief can be granted because, inter alia: (1) Solis' claims under California's consumer-protection statutes do not plausibly allege violations of the "reasonable consumer standard"; (2) Solis' claims for which fraud is an elemental lynchpin fail under Rule 9(b)'s heightened standard; (3) Solis' claims for breach of warranty fail—and, thus, so does her MMW Act claim—because she neither identifies an inaccurate statement in Defendants' marketing materials nor alleges the Product is unfit for its intended use; (4) Solis' claims for unjust enrichment and money-had-and-received as currently formulated are precluded by California law; and (5) Solis has not alleged a non-economic injury as a prerequisite for her negligent failure to warn claim. Judge Bashant concludes that Solis does not sufficiently allege she suffered a concrete economic injury arising from her December 2021 purchase of the Product. Nor does Solis assert she suffered any other injury-in-fact that would supply her with Article III standing to pursue her claims. Accordingly, she fails to satisfy her burden of demonstrating the "triad of injury in fact, causation and redressability," which "constitutes the core of Article III's case-or-controversy requirement," and, thus, her Amended Complaint warrants dismissal under Rule 12(b)(1). For the reasons she stated, Judge Bashant grants the Defendants' Motion to dismiss the Amended Complaint pursuant to Rule 12(b)(1) for lack of subject-matter jurisdiction. The dismissal is without prejudice to Solis filing a corrective pleading that resolves the deficiencies delineated. If Solis wishes to do so, she must file her Second Amended Complaint by March 31, 2023. A full-text copy of the Court's March 7, 2023 Order is available at https://tinyurl.com/yc5c9bsf from Leagle.com. CREDIT MANAGEMENT: Joint Stipulation on Case Deadlines Approved --------------------------------------------------------------- In the class action lawsuit captioned as PEPE GLOVER, v. CREDIT MANAGEMENT, L.P.; EQUIFAX INFORMATION SERVICES, LLC; EXPERIAN INFORMATION SOLUTIONS, INC.; and TRANS UNION, LLC; Case No. 3:22-cv-00568-RGJ-CHL (W.D. Ky.), the Hon. Judge Rebecca Grady Jennings entered an order approving joint stipulation regarding discovery and remaining case deadlines. All discovery and remaining case deadlines are stayed pending ruling on class-certification in a ruling on a motion for class-certification in Jordan Coffey v. Equifax Information Services, LLC, et al., Case No. 5:22-cv-00271 (E.D. Ky). Credit Management is a debt collection agency that collects on behalf of financial institutions and businesses in various industries. A copy of the Court's order dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3Jks1xZ at no extra charge.[CC] CROSS-LINES RETIREMENT: Coe Bid to Seal Docs Denied w/o Prejudice ----------------------------------------------------------------- In the class action lawsuit captioned as Coe, et al., v. Cross-Lines Retirement Center, Inc. et al., Case No. 2:22-cv-02047 (D. Kan.), the Hon. Judge Eric F. Melgren entered an order denying without prejudice to refiling motion to seal or redact documents. The Court said,"As clearly stated in this Court's standing order regarding the standard for motions to seal (available on the courts website), parties may not rely solely on this Court's prior protective order to seal filings. "Rather, the parties must articulate a real and substantial interest that justifies depriving the public of access to the records that inform our decision-making process. The Plaintiff shall have 14-days from this filing to resubmit the Motion if they choose. If nothing has been filed by that time the clerk is directed to unseal the specified entry." The suit alleges violation of the Americans with Disabilities Act involving civil rights – housing / accommodations.[CC] DAO RESTAURANT: Filing of Class Status Bid Extended to April 5 -------------------------------------------------------------- In the class action lawsuit captioned as JARED THORNTON, et al., v. DAO RESTAURANT, LLC, Case No. 4:22-cv-00429-AW-MAF (N.D. Fla.), the Hon. Judge Allen Winsor entered an order granting the Plaintiffs' unopposed motion for extension. The deadline to file class certification is extended to April 5. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3JNYTQZ at no extra charge.[CC] DATANYZE LLC: Hudson Files "Placeholder" Bid for Class Cert. ------------------------------------------------------------ In the class action lawsuit captioned as CHARISMA HUDSON and BRIAN SCHAEFER, Ohio citizens, individually and as the representatives of a class of similarly-situated persons, v. DATANYZE, LLC, a Delaware limited liability company, Case No. 3:23-cv-00466-JRK (N.D. Ohio), Plaintiffs request the Court allowing a "placeholder" motion for class certification to remain pending to protect against any alternative pick-off attempt following the Supreme Court's decision in Campbell-Ewald. The proposed class meets the requirements of Rules 23(a), (b)(2), (b)(3), and (g). Plaintiffs request that following discovery and further briefing, the Court certify the class, appoint Plaintiffs as the class representatives, and appoint Plaintiffs' attorneys as class counsel. The Plaintiffs will file its memorandum of law in support of its Motion after Rule 23 discovery has been completed. The parties need to meet and confer and propose a discovery schedule with this Court and Plaintiffs respectfully request a status conference with the Court as soon as practicable to set a discovery schedule on Plaintiffs' Rule Motion. The Plaintiffs file the "placeholder" motion for class certification to protect against any potential attempt by Datanyze to moot their claims through the tendering of individual relief. In other words, Plaintiffs file this motion to prevent a "pick-off" of their claims. The Plaintiffs also submit their accompanying brief in support. The Plaintiffs propose the following class definition: "All current and former Ohio residents who are not subscribers to Datanyze's platform and whose name, voice, signature, photograph, image, likeness, distinctive appearance, and/or identity is incorporated in profiles used to market paid subscriptions for the platform." Datanyze is the leader in technographics -- real-time insights based on a company's technology choices and buying signals. A copy of the Plaintiffs' motion dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3JRrK76 at no extra charge.[CC] The Plaintiffs are represented by: Ryan M. Kelly, Esq. ANDERSON + WANCA 3701 W. Algonquin Rd. Ste 500 Rolling Meadows, IL 60008 Telephone: (847) 368-1500 E-mail: rkelly@andersonwanca.com DELTA AIR LINES: Antitrust Suits Consolidated in DC Court ---------------------------------------------------------- Delta Air Lines, Inc. disclosed in its Form 10-K report for the fiscal year ended December 31, 2022, filed with the Securities and Exchange Commission on February 10, 2023, that in July 2015, a number of purported class action antitrust lawsuits were filed alleging that Delta, American, United, and Southwest had conspired to restrain capacity. The lawsuits were filed in the wake of media reports that the U.S. Department of Justice had served civil investigative demands upon these carriers seeking documents and information relating to this subject. The lawsuits have been consolidated into a single Multi-District Litigation proceeding in the U.S. District court for the District of Columbia. The summary judgment motion has been fully briefed and pending since May 2021. Delta Air Lines, Inc. is an airline based in Georgia. DFA DAIRY: Bid for Class certification Must be Filed by July 28 --------------------------------------------------------------- In the class action lawsuit captioned as ROBERTO HERNANDEZ, v. DFA DAIRY BRANDS ICE CREAM, LLC, Case No. 3:23-cv-10139-MGM (D. Mass.), the Hon. Judge Mark G. Mastroianni entered a scheduling order as follows: 1. The parties shall exchange initial March 20, 2023 disclosures by: 2. Any amendments to the pleadings June 2, 2023 shall be made by: 3. The Plaintiff's motion for July 28, 2023 class certification shall be filed by: 4. Fact discovery shall be completed Nov. 24, 2023 by: 5. The Plaintiff shall designate Dec. 22, 2023 and disclose expert witnesses pursuant to Fed. R. Civ. P. 26(a)(2) by: 6. The Plaintiff's trial experts Jan. 22, 2024 must be deposed by: 7. The Defendant shall designate Feb. 5, 2024 and disclose expert witnesses pursuant to Fed. R. Civ. P. 26(a)(2) by: 8. The Defendant's trial experts March 6, 2024 must be deposed by: 9. Dispositive motions, if any, April 5, 2024 shall be filed by: Dfa Dairy operates in the Ice Cream and Ice Milk business/industry. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3Fx8wBo at no extra charge.[CC] DISH DBS: Continues to Defend 401(k) Plan Breach Class Suit ----------------------------------------------------------- DISH DBS Corp. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 16, 2023, that the Company continues to defend itself from 401(k) Plan breach class suit in United States District Court for the District of Colorado. On December 20, 2021, four former employees filed a class action complaint in the United States District Court for the District of Colorado against DISH Network, DISH Network's Board of Directors, and DISH Network's Retirement Plan Committee alleging fiduciary breaches arising from the management of our 401(k) Plan. The putative class, comprised of all participants in the Plan on or after January 20, 2016, alleges that the Plan had excessive recordkeeping and administrative expenses and that it maintained underperforming funds. On February 1, 2023, a Magistrate Judge issued a Recommendation that the defendants' motion to dismiss the complaint be granted. DISH Network intends to vigorously defend this case. DISH DBS Corporation, through its subsidiaries, provides pay-TV services under the DISH and Sling brands in the United States. The company was founded in 1996 and is headquartered in Englewood, Colorado. DISH DBS Corporation is a subsidiary of DISH Network Corporation. EASTWOOD CONSTRUCTION: Russo Class Suit Remanded to State Court --------------------------------------------------------------- In the case, RUSSO, ET AL., Plaintiffs v. EASTWOOD CONSTRUCTION PARTNERS, LLC, ET AL., Defendants, Case No. 2:22-cv-1686-DCN (D.S.C.), Judge David C. Norton of the U.S. District Court for the District of South Carolina, Charleston Division, grants the Plaintiffs' motion to remand to state court. The Plaintiffs brought the action against the Defendants alleging that either due to defective products, defective installation, or otherwise improper construction, water intrusion resulted or will result in the Plaintiffs' homes. This damage will require, or has required, the Plaintiffs to spend substantial sums of money to repair the properties. The class is defined as all owners of the affected properties, with a few limited exceptions, and is composed of 388 homeowners situated in the Wynfield Forest, Oakley Pointe, Sophia Landing, Ryder's Landing, and Retreat at Beresford developments near Charleston, South Carolina. The Plaintiffs allege that Defendants Eastwood Construction and Eastwood Homes (combined, "Eastwood") constructed and were the general contractors for the construction of the properties. Eastwood engaged subcontractors to construct the properties including Defendants Exterior Contract Services, Alpha Omega Construction Group, Inc., and Southcoast Exteriors, Inc. Exterior Services, Alpha Omega, and Southcoast were engaged to install roofing. Defendants Ciro Lopez and Juan Garza Ramos performed roofing work on the properties as subcontractors to Exterior Services, and John Doe Subcontractors 1-25 ("John Does") furnished labor, services, and/or materials in the construction of roofing on the properties as subcontractors and suppliers to Eastwood, Exterior Services, Southcoast, or Alpha Omega. John Does' identities were not yet known at the time of the filing of the third amended complaint. The Plaintiffs alleged three causes of action against Eastwood, Exterior Services, Alpha Omega, Southcoast, Lopez, Ramos, and John Does (collectively, the "Contractor Defendants"). They bring the class action for (1) negligence/gross negligence, (2) breach of implied warranties, and (3) violation of the South Carolina Unfair Trade Practices Act, S.C. Code Ann. Sections 29-5-10, et seq., against the Contractor Defendants. Defendant Air Vent, Inc. manufactured and sold the roof ridge vent product installed on the roofs of the properties that the Plaintiffs allege is defective. The Plaintiffs brought three claims against Air Vent: (1) breach of implied warranties, (2) negligence, and (3) violation of SCUTPA. The Plaintiffs filed the class action lawsuit on behalf of homeowners in several subdivisions in the Charleston, South Carolina area on Aug. 26, 2020, in the Charleston County Court of Common Pleas. The court heard a similar matter on March 18, 2021. Russo v. Eastwood Construction Partners, LLC, 2020-CP-10-03794, 2021 WL 1059023 (D.S.C. Mar. 18, 2021) ("Russo"). The present Court dismissed that case under Colorado River Water Conservation District v. United States, 424 U.S. 800 (1976), citing the federal court's right to abstain from matters duplicative of a state court proceeding. The state court proceeding at issue is Smiley v. Exterior Contract Services, No. 2020-CP-10-03786 (Charleston Cnty. C.P. Aug. 26, 2020). On May 27, 2022, Air Vent removed Smiley, the instant action, from state court to federal court pursuant to 28 U.S.C. Sections 1332, 1441, 1446, and 1453. The Plaintiffs filed the present motion to remand to state court on June 24, 2022. Eastwood and Air Vent responded in opposition on July 15, 2022. The Plaintiffs replied to those responses on July 22, 2022. On Dec. 20, 2022, the Plaintiffs dismissed without prejudice all claims against Air Vent, Alpha Omega, and the named and unnamed individual contractors. Shortly thereafter, the Court requested that the parties file supplemental briefs on the issue of timeliness of removal to federal court under the Class Action Fairness Act of 2005 ("CAFA"), Pub. L. No. 109-2, 119 Stat. 4-14 (codified in scattered sections of Title 28 of the United States Code), given the dismissal of Air Vent. On Jan. 6, 2023, the Plaintiffs responded in support of the motion to remand; Southcoast responded in support; whereas both Eastwood and Exterior Services responded in opposition. On Feb. 10, 2023, the Court requested that the parties file a second supplementary brief on the discrete issue as to whether the court may still consider Air Vent's response in opposition to the motion to remand. On Feb. 15, 2023, the Plaintiffs filed a brief explaining the Court could not consider those arguments, whereas Eastwood and Exterior Services filed a joint brief explaining that the court could consider those arguments. On Feb. 16, 2023, the Court held a hearing on the motion to remand. Air Vent removed the action to federal court based on the allegation that the amount in controversy exceeds $5 million, there is minimal diversity because Air Vent is not a South Carolina citizen whereas all the Plaintiffs are South Carolina citizens, and there are more than a hundred plaintiffs. The Plaintiffs now seek to remand based on two core arguments. First, they believe removal was improper because they disagree with the characterization that the amount in controversy exceeds $5 million, because Air Vent offered no evidence to show the amount in controversy meets the statutorily required amount. Second, they argue that even if Air Vent properly removed the action, the local controversy exception to CAFA jurisdiction is met and remand to state court is required. Judge Norton explains that in general, removal pursuant to CAFA is permissible if the removing party can establish: (1) the matter in controversy exceeds the sum or value of $5 million, exclusive of interest and costs; (2) any member of a class of plaintiffs is a citizen of a state different from any defendant; and (3) there are 100 or more plaintiff class members. In the present case, only the first prong is contested. Judge Norton first examines the propriety of removal, and thereafter considers the Plaintiffs' objections to removal -- namely, whether Air Vent and Eastwood properly met the amount in controversy. He finds that Air Vent and Eastwood have plausibly alleged that the amount in controversy is met based on actual damages plus the possibility of treble damages, punitive damages, and attorneys' fees. Hence, the removal pursuant to CAFA was proper and the Court has jurisdiction over the action. Next, Judge Norton examines whether the four requirements for the local controversy exception are met: the Plaintiffs must show that (1) greater than two-thirds of the members in the aggregate are citizens of the State in which the action was originally filed; (2) local Defendant(s) form a significant basis from whom the plaintiffs seek significant relief; (3) principal injuries resulting from the alleged conduct or any related conduct of each Defendant were incurred in the State in which the action was originally filed; and (4) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the Defendants on behalf of the same or other persons. Finding all four prongs met, Judge Norton holds that he is required to remand the action to state court under the local controversy exception. He finds that the Plaintiffs have adequately alleged that two-thirds of the class members are South Carolina citizens, Southcoast and Exterior Services are significant defendants, the injuries occurred in South Carolina, and no other similar class action was filed in the three years preceding Smiley's filing. For these reasons, Judge Norton grants the motion to remand. A full-text copy of the Court's March 7, 2023 Order is available at https://tinyurl.com/bdfvx49v from Leagle.com. EPIC CARE INC: Wyatt Sues Over Unpaid Compensation -------------------------------------------------- Lakesha Yvette Wyatt, individually and on behalf of herself and all others similarly situated v. EPIC CARE, INC., a California corporation, and DOES 1-50, inclusive, Case No. 23CV028123 (Cal. Super. Ct., Alameda Cty., Feb. 17, 2023), is brought pursuant to the California Labor Codes, applicable IWC California Wage Orders and California Code of Regulations, seeking unpaid wages, unpaid meal and rest period compensation, unreimbursed expenses, penalties, liquidated damages, and reasonable attorneys' fees and costs. The Plaintiff was employed by the Defendants in an hourly, non-exempt position. She worked as a Medical Assistant in Defendants' facilities approximately 5 days per week, 40+ hours per week. The Defendants implemented uniform policies and practices that deprived Plaintiff and Class Members of earned wages, including minimum wages; straight time wages; overtime wages; premium wages; lawful meal and/or rest breaks; reimbursement for necessary expenses; and timely payment of wages, says the complaint. The Plaintiff was employed in an hourly, non-exempt position by the Defendants. Epic Care, Inc. is a California corporation, doing business in the state of California.[BN] The Plaintiff is represented by: James R. Hawkins, Esq. Christina M. Lucio, Esq. JAMES HAWKINS APLC 9880 Research Drive, Suite 200 Irvine, CA 92618 Phone: (949) 387-7200 Facsimile: (949) 387-6676 Email: james@jameshawkinsaplc.com christina@jameshawkinsaplc.com GENERAL MOTORS: Buffenmyer Suit Removed to N.D. California ---------------------------------------------------------- The case styled as Kyle Buffenmyer, Amanda Herberger, individually, on behalf of all others similarly situated, and on behalf of the general public v. General Motors LLC, Case No. 23-CIV-00167 was removed from the San Mateo County Superior Court, to the U.S. District Court for the Northern District of California on Feb. 17, 2023. The District Court Clerk assigned Case No. 3:23-cv-00739-CRB to the proceeding. The nature of suit is stated as Other Contract. The General Motors Company -- https://www.gm.com/ -- is an American multinational automotive manufacturing company headquartered in Detroit, Michigan.[BN] The Plaintiff is represented by: Elliot Jason Conn, Esq. CONN LAW, PC 354 Pine Street, 5th Floor San Francisco, CA 94104 Phone: (415) 417-2780 Fax: (415) 358-4941 Email: elliot@connlawpc.com - and - Christian Schreiber, Esq. Monique Olivier, Esq. OLIVIER & SCHREIBER LLP 475 14th Street, Suite 250 Oakland, CA 94612 Phone: (415) 484-0980 Fax: (415) 658-7758 Email: christian@os-legal.com monique@os-legal.com The Defendant is represented by: Alvina Pillai, Esq. KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036 Phone: (212) 790-5331 Fax: (212) 556-2222 Email: apillai@kslaw.com GEO SECURE: Class Certification Bid Must be Filed by Nov. 3 ----------------------------------------------------------- In the class action lawsuit captioned as CHRIS MAZZEI, on behalf of himself, and all others similarly situated, and on behalf of the public, v. GEO SECURE SERVICES, LLC, ET AL., Case No. 1:22-cv-01347-AWI-CDB (E.D. Cal.), the Court entered a class certification scheduling order as follows: -- All non-expert discovery related 23 to the motion for class certification shall be completed no later than October 3, 2023. -- The Court sets a mid-discovery status conference on July 18, 2023, at 9:30 a.m. before Magistrate Judge Christopher D. Baker. -- The motion for class certification shall be filed no later than November 3, 2023. -- Opposition to the motion shall be filed no later than November 17, 2023. -- Any reply shall be filed no later than December 1, 2023. -- Any objections to the evidence shall be filed at the same time as the opposition (for Defendant) and the reply (for Plaintiff). -- The hearing on the motion for class certification, to be heard by Magistrate Judge Christopher D. Baker, is set for December 20, 2023 at 10:30 a.m. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3JwE3ED at no extra charge.[CC] GIFTROCKET INC: Class Cert Bid Must Comply w/ Rule 23, Court Says ----------------------------------------------------------------- In the class action lawsuit captioned as Gracie Baked LLC et al v. GiftRocket, Inc., Case No. 1:22-cv-04019 (E.D.N.Y.), the Hon. Judge Magistrate Vera M. Scanlon entered a scheduling Order as follows: -- Any class certification motion must comply with Fed. R. Civ. P. 23 and be timely made; -- The pre-motion conference request should be directed to the District Judge. -- If dispositive motion practice is not commenced, on or before May 17, 2024, the parties will file a joint Proposed Pretrial Order. The suit alleges violation of Trademark Infringement (Lanham Act).[CC] GLOBAL PERSONALS: Filing of Class Cert. Bid Due March 4, 2024 ------------------------------------------------------------- In the class action lawsuit captioned as DAVID ULERY, individually and on behalf of all others similarly situated, v. GLOBAL PERSONALS, LLC, d/b/a SexyFans, and SEXY FANS, LLC, Case No. 1:22-cv-03253-NYW-MDB (D. Colo.), the Hon. Judge entered an scheduling order: -- Deadline for service of December 4, 2023 Interrogatories, Requests for Production of Documents and/or Admissions: -- Deadline for Joinder of Parties April 28, 2023 and Amendment of Pleadings: -- Discovery Cut-off: February 2, 2024 -- Dispositive Motion Deadline: April 12, 2024 -- The parties shall designate all Oct. 13, 2023 experts and provide opposing counsel and any pro se parties with all information specified in Fed. R. Civ. P. 26(a)(2) on or before: -- Class Certification Deadline is March 4, 2024 set for: The Plaintiff alleges that the Defendants violated the national Do-Not-Call Registry provisions of the Telephone Consumer Protection Act ("TCPA"). The Plaintiff brings this Class Action Complaint for damages, injunctive relief, and any other available legal or equitable remedies, resulting from the alleged illegal actions of Defendants in negligently or willfully contacting Plaintiff on Plaintiff’s cellular telephone, in violation of the TCPA. The Plaintiff alleges that he and putative Class Members were sent sexually explicit unwanted text message telemarketing solicitations, despite their numbers being registered on the national Do-Not-Call Registry and without their consent. Global contends that this action should be dismissed for lack of personal jurisdiction and Plaintiff’s lack of standing. Global, a Florida company, did not send the alleged text messages, did not authorize, permit, or ratify their transmission by anyone else, and does not know who sent the alleged text messages. As a result, Global is not subject to personal jurisdiction in Colorado based on Plaintiff’s alleged receipt of the text messages at issue. Global Personals is an online entertainment solutions provider offering a network of traditional, casual and niche dating sites A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/42myH7h at no extra charge.[CC] The Plaintiff is represented by: Jordan Richards, Esq. JORDAN RICHARDS PLLC 1800 SE 10th Avenue, Ste. 205 Ft. Lauderdale FL Telephone: (954) 871-0050 E-mail: jordan@jordanrichardspllc.com - and - Joshua H. Eggnatz, Esq. EGGNATZ PASCUCCI PA E-mail: jeggnatz@justiceearned.com 7450 Griffin Road, Suite 230 Davie, FL 33314 Telephone: (954) 889-3359 The Defendant is represented by: Marcelo Diaz-Cortes, Esq. Fla. LEVINE KELLOGG LEHMAN SCHNEIDER & GROSSMAN LLP Miami Tower, 36th Floor 100 SE 2nd Street Miami, FL Telephone: (305) 403-8788 Facsimile: (305) 403-8789 E-mail: MD@lklsg.com H&M HENNES & MAURITZ: Ventura Sues to Recover Wage Payments ----------------------------------------------------------- Victoria Ventura, individually and on behalf of others similarly situated v. H&M HENNES & MAURITZ L.P., Case No. 1:23-cv-02115 (S.D.N.Y., March 13, 2023), is brought to recover damages for delinquent wage payments made to workers who qualify as manual laborers and who were employed at any time by the Defendant between January 22, 2016 and the present (the "Relevant Period") in the State of New York. The Defendant has compensated all its employees on a bi-weekly (every other week) basis, regardless of whether said employees qualified as manual laborers under the NYLL. The Defendant has at no time during the Relevant Period been authorized by the New York State Department of Labor Commissioner to compensate its employees who qualify as manual laborers on a bi-weekly basis, in contravention of NYLL which requires that without explicit authorization from the Commissioner, such workers must be compensated not less frequently than on a weekly basis, says the complaint. The Plaintiff was employed by the Defendant as a visual merchandiser. H & M HENNES & MAURITZ L.P. is a limited partnership who is a resident of The Netherlands owing to both its General Partner and Limited Partner being residents of The Netherlands.[BN] The Plaintiff is represented by: Brett R. Cohen, Esq. Jeffrey K. Brown, Esq. Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Phone: (516) 873-9550 HAIR SPA LA LLC: Campbell Files Suit in C.D. California ------------------------------------------------------- A class action lawsuit has been filed against Hair Spa LA LLC. The case is styled as Patricia Campbell, individually and on behalf of all others similarly situated v. Hair Spa LA LLC, Case No. 2:23-cv-00681-JLS-AGR (C.D. Cal., Jan. 30, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Hair Spa LA -- https://hairspala.com/ -- is a natural hair growth oil that helps to resolve women's hair loss and alopecia.[BN] The Plaintiff is represented by: Frank S. Hedin, Esq. HEDIN HALL LLP 1395 Brickell Avenue, Suite 1140 Miami, FL 33131 Phone: (305) 357-2107 Email: fhedin@hedinhall.com HARLEY-DAVIDSON: Lipkin Suit Transferred to E.D. Wisconsin ---------------------------------------------------------- The case styled as Vladimir Lipkin and Anzhela Demkiv, individually and on behalf of all others similarly situated v. HARLEY-DAVIDSON MOTOR COMPANY GROUP, LLC, Case No. 1:23-cv-00413 was transferred from the U.S. District Court for the Northern District Of Illinois, to the U.S. District Court for the Eastern District of Wisconsin on Feb. 17, 2023. The District Court Clerk assigned Case No. 1:20-cv-00228 to the proceeding. The nature of suit is stated as Insurance. Harley-Davidson Motor Company Group LLC -- https://www.harley-davidson.com/ -- produces and sells motorcycles. The Company offers sports bikes, heavyweight motorcycles, and other accessories.[BN] The Plaintiff is represented by: Elizabeth A. Fegan, Esq. FEGAN SCOTT LLP 150 South Wacker Drive, 24th Floor Chicago, IL 60606 Phone: (312) 741-1019 Fax: (312) 264-0100 Email: beth@feganscott.com - and - Ling S. Wang, Esq. FEGAN SCOTT LLC 100 S. Fifth Street, Suite 1900 Minneapolis, MN 55402 Phone: 651-432-4468 Email: ling@feganscott.com - and - David Freydin, Esq. LAW OFFICES OF DAVID FREYDIN LTD 8707 Skokie Blvd., Suite 305 Skokie, IL 60077 Phone: (312) 544-0365 Email: david.freydin@freydinlaw.com HEALTH FIRST: Parties Must Confer Class Certification Deadlines --------------------------------------------------------------- In the antitrust class action lawsuit captioned as Powers, et al., v. Health First Inc., Case No. 6:23-cv-00375 (M.D. Fla.), the Hon. Judge Paul G. Byron entered an order directing the parties to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. -- The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. The suit alleges violation of Clayton Act. Health First provides medical and surgical hospital services.[CC] HEARTBREAKER GUITARS: Toro Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Heartbreaker Guitars Limited, LLC. The case is styled as Andrew Toro, on behalf of himself and all others similarly situated v. Heartbreaker Guitars Limited, LLC, Case No. 1:23-cv-02134-JPC (S.D.N.Y., March 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Heartbreaker Guitars -- https://heartbreakerguitars.com/ -- carries the finest custom guitars on the planet: Lowden Guitars, Bourgeois Guitars, Rick Turner Guitars and Huss and Dalton.[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 HERSHEY COMPANY: Ross Sues Over False and Misleading Labels ----------------------------------------------------------- Kevin Ross, individually and on behalf of a class of similarly situated persons v. THE HERSHEY COMPANY, Case No. 1:23-cv-02121 (S.D.N.Y., March 13, 2023), is brought on behalf of persons who purchased one or more packages of the following: Hershey's Special Dark Mildly Sweet Chocolate; Lily's Extra Dark Chocolate 70% Cocoa; and Lily's Extreme Dark Chocolate 85% Cocoa (hereinafter the "Products"), which contained labels that are materially deceptive, false and misleading given the Defendant's omission about the presence (or risk) of Lead and Cadmium ("Heavy Metals"). The harmful effects of heavy metals are well-documented, particularly on children. Exposure puts children at risk for lowered IQ, behavioral problems (such as attention deficit hyperactivity disorder), type 2 diabetes, and cancer, among other health issues. Heavy metals also pose risks to adults. Even modest amounts of heavy metals can increase the risk of cancer, cognitive and r The Products contained both lead and cadmium in levels above the California's maximum allowable dose level (MADL). Specifically, Hershey's Special Dark Mildly Sweet Chocolate contained 265% of the MADL for lead, Lily's Extra Dark Chocolate 70% Cocoa contained 144% of the MADL for lead, and Lily's Extremely Dark Chocolate 85% Cocoa contained 143% of the MADL for lead and 101% of the MADL for cadmium. While lead and cadmium can be found in many food sources, the Products, on their own, expose consumers to as much as 265% of the MADL in just a single one-ounce serving. The Products come in as must as 7.56 ounce bars. Imagine receiving over 2000% of the maximum allowable dose of lead from just a single candy bar. The Defendant knows that the presence (or risk) of toxic Heavy Metals in its Products is a material fact to reasonable consumers, including Plaintiff and the Class members. Despite Defendant's knowledge of lead and cadmium in the Products, Defendant failed to provide any warning on the place that every consumer looks when purchasing a product--the packaging or labels--that the Products contain lead and cadmium. The Defendant knew that if the presence (or risk) of toxic Heavy Metals in its Products was disclosed to Plaintiff and the Class members, then Plaintiff and the Class members would be unwilling to purchase them or would pay less for them. In light of Defendant's knowledge that Plaintiff and the Class members would be unwilling to purchase the Products or would pay less for the Products if they knew that they contained (or risked containing) toxic Heavy Metals, Defendant intentionally and knowingly concealed this fact from Plaintiff and the Class members and did not disclose the presence (or risk) of these toxic Heavy Metals on the labels of the Products. The Defendant knew or should have known that Plaintiff and the Class members would rely upon the packages of the Products and intended for them to do so, but failed to disclose the presence (or risk) of Heavy Metal. Based on this representation, the Plaintiff believed the Product did not contain any lead. Had the Plaintiff know the truth that the Products contained lead he would have paid less for the Product, says the complaint. The Plaintiff bought the Hershey's dark chocolate at a retail store in the Manhattan, New York. The Hershey Company is incorporated under the laws of the State of Pennsylvania, with a principal place of business located in Hershey, Pennsylvania.[BN] The Plaintiff is represented by: Charles D. Moore, Esq. REESE LLP 100 South 5th Street, Suite 1900 Minneapolis, MN 55402 Phone: 212-643-0500 Email: cmoore@reesellp.com - and - Michael R. Reese, Esq. REESE LLP 100 West 93rd Street, 16th Floor New York, NY 10025 Phone: (212) 643-0500 Email: mreese@reesellp.com HOME DEPOT: 6 Weeks Extension to File Class Cert Sought in Didzun ----------------------------------------------------------------- In the class action lawsuit captioned as RICHARD JAMES DIDZUN, an individual; IAN McANDREWS and KATE McANDREWS, individually and for their marital community; on behalf of themselves and persons similarly situated; v. THE HOME DEPOT, INC., a foreign corporation, and HOME DEPOT USA, INC.; Case No. 2:21-cv-01540-RSL (W.D. Wash.), the parties stipulate and agree, pursuant to Fed. R. Civ. P. 6(b)(1) and Local Rule 10(g) as follow: -- The deadline for the Plaintiffs to file their Motion for Class Certification shall be extended by six weeks. -- The new deadline to file a Motion for Class Certification shall be Tuesday, April 18, 2023, and the motion shall be noted on the court's calendar for the fifth Friday thereafter. 1. On July 22, 2022, the parties filed their Joint Motion to Continue Trial Date and Amend Case Schedule. 2. On July 25, 2022, the Court Granted the parties' Motion to Continue and set March 7, 2023 as the deadline for the Plaintiffs to file their Motion for Class Certification. 3. During the Plaintiffs' preparation of class certification materials, an issue was discovered which will likely require additional Home Depot to produce additional documentary evidence which the Plaintiffs believe is relevant to fulfilling the requirements of Fed. R. Civ. P. 23, as well as Home Depot's objections thereto. Home Depot is an American multinational home improvement retail corporation that sells tools, construction products, appliances, and services, including fuel and transportation rentals. A copy of the Parties' motion dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3YOVrdq at no extra charge.[CC] HONEST COMPANY: Continues to Defend Sida Class Suit in California ----------------------------------------------------------------- Honest Company Inc. disclosed in its Form 10-Q Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 16, 2023, that the Company continues to defend itself from the Sida class suit in the U.S. District Court for the Northern District of California. On August 10, 2022, Catrice Sida and Kris Yerby filed a putative class action complaint in the U.S. District Court for the Northern District of California alleging violations of California's Unfair Competition Law, False Advertising Law, Consumers Legal Remedies Act, breach of warranty, and unjust enrichment related to plant-based claims on certain of the Company's wipes products and seeking declaratory relief, injunctive relief, monetary damages, punitive damages and statutory penalties, and attorneys’ fees and costs. The Company filed its motion to dismiss on October 17, 2022. On December 6, 2022, the Company's motion to dismiss was denied. The Company believes this complaint is without merit and intends to vigorously defend itself in this matter. Honest Company is an American digital-first consumer goods company, based in Los Angeles and founded by actress Jessica Alba. INSURANCE COMPANY: Issokson Files Bid for Class Certification ------------------------------------------------------------- In the class action lawsuit captioned as GERALD ISSOKSON, AS DULY APPOINTED PERSONAL REPRESENTATIVE OF THE ESTATE OF PEARL ISSOKSON, DECEASED, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, v. INSURANCE COMPANY OF NORTH AMERICA, LIFE INSURANCE COMPANY OF NORTH AMERICA, TOWERS ADMINISTRATORS, INC.,Case No. 3:18-cv-30070-MGM (D. Mass.), the Plaintiff asks the Court to enter an order 1. Certifying the proposed class pursuant to F.R.C.P. Rule 23(b)(3); 2. Appointing the Plaintiff as class representative; and 3. Appointing Sean K. Collins, Jeffrey S. Goldenberg, Ex Kano S. Sams II, and Jonathan M. Feigenbaum as class counsel. Insurance Company provides property and casualty, life, health, and accident insurance services. A copy of the Court's order dated March 3, 2023 is available from PacerMonitor.com at https://bit.ly/3mRxox7 at no extra charge.[CC] the Plaintiffs are represented by: Sean K. Collins, Esq. LAW OFFICES OF SEAN K. COLLINS 184 High Street, Suite 503 Boston, MA 02110 Telephone: (855) 693-9256 Facsimile: (617) 227-2843 E-mail: sean@neinsurancelaw.com - and - Jeffrey S. Goldenberg, Esq. GOLDENBERG SCHNEIDER, L.P.A. 4445 Lake Forest Drive, Suite 490 Cincinnati, Ohio 45242 Telephone: (513) 345-8297 Facsimile: (513) 345-8294 E-mail: jgoldenberg@gs-legal.com - and - Jonathan M. Feigenbaum, Esq. LAW OFFICES OF JONATHAN M. FEIGENBAUM 184 High Street, Suite 503 Boston, MA 02110 Telephone: (617) 357-9700 Facsimile: (617) 227-2843 E-mail: jonathan@erisaattorneys.com - and - Ex Kano S. Sams II, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Telephone: (310) 201-9150 Facsimile: (310) 201-9160 E-mail: esams@glancylaw.com KIRKLAND LAKE: Brahms Suit Seeks to Certify Class Action -------------------------------------------------------- In the class action lawsuit RE: KIRKLAND LAKE GOLD LTD. SECURITIES LITIGATION, Case No. 1:20-cv-04953-JPO (S.D.N.Y.), the Lead Plaintiff Stephen Brahms asks the Court to enter an order: 1. certifying this action as a class action pursuant to Federal Rules of Civil Procedure 23(a) and 23(b)(3) with the class defined as follows: "All persons or entities that purchased or otherwise acquired common shares of Kirkland Lake Gold Ltd. stock on the New York Stock Exchange between January 14, 2019 and November 25, 2019, inclusive (the "Class Period");" Excluded from the Class are the Defendants, the Defendant Makuch's family, the officers and directors of the Company and members of their immediate families, and their legal representatives, heirs, successors or assigns and any entity in which the Defendants have or had a controlling interest; 2. appointing him as Class Representative of the proposed Class; and 3. appointing Lowey Dannenberg, P.C. as Lead Counsel for the Class pursuant to Federal Rules of Civil Procedure 23(g). Kirkland Lake operates as a gold mining and exploration company. The Company focuses on the acquisition, development, and exploration of gold mining projects. A copy of the the Plaintiff's motion dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3yHCCOD at no extra charge.[CC] the Plaintiff is represented by: Christian Levis, Esq. David Harrison, Esq. Andrea Farah, Esq. LOWEY DANNENBERG, P.C. 44 South Broadway, Suite 1100 White Plains, NY 10601 Telephone: (914) 997-0500 Facsimile: (914) 997-0035 E-mail: clevis@lowey.com dharrison@lowey.com afarah@lowey.com MICHIGAN: Court Narrows Claims in Price Suit -------------------------------------------- In the class action lawsuit captioned as CURWOOD LEWIS PRICE, v. GOVERNOR GRETCHEN WHITMER and STATE OF MICHIGAN, Case No. 2:22-cv-11561-LVP-DRG (E.D. Mich.), the Hon. Judge Linda V. Parker entered an order granting in part and denying in part the Defendants' motion to dismiss and denying the plaintiff's motion for consolidation. The Court further ordered that the Plaintiff's motion for consolidation is denied. The Court is dismissing without prejudice Price's requests for declaratory and injunctive relief to the extent not dismissed with prejudice above. The dismissal is without prejudice, as Price may still seek the remaining relief as a member of the class in Doe III. Within its inherent power to administer its docket, a district court may dismiss a suit that is duplicative of another federal court suit. On July 11, 2022, the Plaintiff Curwood L. Price filed this pro se lawsuit pursuant to 28 U.S.C. sections 2201 and 2202, challenging Michigan's enforcement of its sex offender registration laws against him. Under Michigan law, Price, who was convicted in November 1991 of criminal sexual conduct for sexually penetrating a person under 13 years of age, must register as a sex offender for life. Generally, Price asks the Court to find that applying the offender registration laws to him violates Michigan and federal constitutional prohibitions on ex post facto laws. More specifically, Price seeks a declaration that (i) he has a right to be removed from the State's sex offender registries, (ii) he can no longer be charged and/or prosecuted under any part of the sex offender registration penalties; (iii) all information must be immediately removed from the registries; (iv) he can apply for and receive Section 8 housing assistance; (v) he may change his name, with the name change only being recorded and maintained by federal authorities under strict disclosure standards, including a new Michigan enhanced ID and moped license and a new social security card; and (vi) he has the right to seek and receive any and/or all state and federal aid he qualifies for due to his additional physical disability, which he has been denied because of his placement on the sex offender registry. Price also seeks financial compensation of $100,000. The Defendants have filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). Price filed a response. Price also moved to consolidate this action with a class action pending before the Honorable Mark A. Goldsmith, Doe III v. Whitmer, Case No. 22-10209 (E.D. Mich. filed Feb. 2, 2022). A copy of the Court's order dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3JK7ftd at no extra charge.[CC] MORTGAGE CAPITAL: Filing of Class Cert. Bid Due Oct. 26 ------------------------------------------------------- In the class action lawsuit captioned as Paul Sapan, et al., v. Mortgage Capital, Inc., et al., Case No. 8:22-cv-01831-JWH-ADS (C.D. Cal.), the Hon. Judge John W. Holcomb entered an order granting in part and denying in part the Defendants' motion to dismiss. Specifically, the Plaintiffs' claims against the Defendant Shalaby are dismissed with leave to amend; the Defendants' motion to dismiss is otherwise denied. In view of Plaintiffs' representation that they do not intend to amend their Complaint in light of this ruling, and at Defendants' request, Defendants' deadline to file their Answer to Plaintiffs' Complaint is extended to March 24, 2023. The Defendants are granted permission to file two motions for summary judgment. The Court will issue its Revised Standing Order. The Court sets the following deadlines and briefing schedule for Plaintiffs' anticipated Motion for Class Certification: Deadline to Conduct Settlement Conference: Sept. 29, 2023 Deadline to file Motion for Class Certification: Oct.26, 2023 Deadline to file Opposition to Motion for Class Certification: Nov. 3, 2023 Deadline to file Reply re Motion for Class Certification: Nov. 10, 2023 Hearing on Motion for Class Certification: Dec. 1, 2023 A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3yKWSiv at no extra charge.[CC] MULTNOMAH COUNTY, OR: Detainee Class Gets Certification in Davis ---------------------------------------------------------------- In the class action lawsuit captioned as THERESA DAVIS, RASHAWD DUHART, ROBIN LUNDY, and SEAN BERGLUND, individually and on behalf of all similarly situated individuals, v. MULTNOMAH COUNTY, a political subdivision of the state of Oregon; MICHAEL REESE, STEVEN ALEXANDER, JEFFREY WHEELER, KENDALL CLARK, JOSE PALOMERA, AMY HAY, AARON VAN HOUTE, BRIAN BEARDSLEY, and JOHN DOES 1-50, acting in concert and in their individual capacities, Case No. 3:20-cv-02041-SB (D. Or.), the Hon. Judge Stacie F. Beckerman entered an order granting the Plaintiffs' unopposed motion for class certification: "All adults who were detainees or inmates at Multnomah County Detention Center who were exposed to tear gas or other chemical agents between May 29, 2020, and July 29, 2020." The class is certified with respect all of claims alleged in the First Amended Complaint. The Court appoints Theresa Davis, Rashawd Duhart, Robin Lundy, and Sean Berglund as representatives of the class. Pursuant to FRCP 23(g), the Court appoints the following attorneys as class counsel: Joe Piucci, Esq. PIUCCI LAW LLC 900 SW 13th Ave., Ste. 200 Portland, OR 97205 Telephone: (503) 228-7385 - and - Jane L. Moisan, Esq. PEOPLE'S LAW PROJECT 818 S.W. 4th Ave. #221-3789 Portland, OR 97204 Telephone: (971) 258-1292 - and - Gabriel Chase, Esq. CHASE LAW, PC 621 S.W. Alder St., Ste. 600 Portland, OR 97205 Telephone: (503) 294-1414 Facsimile: (503) 294-1455 - and - David F. Sugerman, Esq. Nadia H. Dahab, Esq. Sarah R. Osborn, Esq. SUGERMAN DAHAB 707 SW Washington St., Ste. 600 Portland, OR 97205 Telephone: (503) 228-6474 - and - Christopher A. Larsen, Esq. PICKETT DUMMIGAN MCCALL LLP 210 SW Morrison St., 4th Fl. Portland, OR 97204 Telephone: (503) 223-7770 Facsimile: (503) 227-5350 - and - Michelle R Burrows, OSB No. 861606 MICHELLE R. BURROWS P.C. 1333 Orenco Station Parkway No. 525 Hillsboro, OR 97124 Telephone: (503) 241-1955 A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3LzOtWM at no extra charge.[CC] PAPA INC: Class Cert Hearing in Pardo Extended to July 13, 2023 --------------------------------------------------------------- In the class action lawsuit captioned as Jennifer Pardo, individually and on behalf of all others similarly situated, v. Papa, Inc., Case No. 3:21-cv-06326-RS (N.D. Cal.), the Hon. Judge Richard Seeborg entered an order granting joint stipulation extending the plaintiff, hearing date for motion for class certification. The class certification hearing currently scheduled for April 6, 2023, be continued by about three months to July 13, 2023 A copy of the Court's order dated March 2, 2023 is available from PacerMonitor.com at https://bit.ly/3ZWMhw8 at no extra charge.[CC] PAYPAL HOLDINGS: Faces Securities Suit Over Incentive Campaigns ---------------------------------------------------------------- Paypal Holdings Inc. (PPH) disclosed in its Form 10-K report for the fiscal year ended December 31, 2022, filed with the Securities and Exchange Commission on February 10, 2023, that on October 4, 2022, a putative securities class action captioned "Defined Benefit Plan of the Mid-Jersey Trucking Industry and Teamsters Local 701 Pension and Annuity Fund v. PayPal Holdings, Inc., et al." Case No. 22-cv-5864, was filed in the U.S. District court for the District of New Jersey. On January 11, 2023, the court appointed Caisse de dépôt et placement du Québec as lead plaintiff and renamed the action In re PayPal Holdings, Inc. Securities Litigation. The PPH Securities Action asserts claims relating to the company's public statements with respect to net new active accounts results and guidance and the detection of illegitimately created accounts. The PPH Securities Action purports to be brought on behalf of purchasers of the company's stock between February 3, 2021, and February 1, 2022, and asserts claims for violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 against the company, its Chief Executive Officer, and former Chief Financial Officer. The complaint alleges that certain public statements made by the company during the Class Period were rendered materially false and misleading (which, allegedly, caused the company's stock to trade at artificially inflated prices) by the defendant's failure to disclose that, among other things, the company's incentive campaigns were susceptible to fraud and led to the creation of illegitimate accounts, which allegedly affected the company's NNA results and guidance. The PPH Securities Action seeks unspecified compensatory damages on behalf of the putative class members. PayPal Holdings, Inc. is a technology platform that enables digital payments based in California. PERVINE FOODS: Court Junks Seljak Class Suit -------------------------------------------- In the class action lawsuit captioned as CADE SELJAK, JACOB BERNARDI, and NANCY TAYLOR, Individually and On Behalf of All Others Similarly Situated, v. PERVINE FOODS, LLC, Case No. 1:21-cv-09561-NRB (S.D.N.Y.), the Hon. Judge Naomi Reice Buchwald entered an order: -- granting in its entirety Defendant's motion to dismiss Plaintiffs complaint; and -- denying the Plaintiffs' request for leave to amend. In sum, the Court holds that the Plaintiffs lack standing to bring claims for injunctive relief, and that the Plaintiffs' claims based on the argument that the Defendant's use of the term "FIT" is an "implied nutrient content claim" under 21 U.S.C. section 343(r)(1) is expressly pre-empted under the NLEA, 21 U.S.C. section 343-1(a)(5). To the extent the Plaintiffs also allege claims for monetary relief on the basis that the Defendant's use of the term "FIT" on their "labeling is false or misleading" under 21 U.S.C. section 343(a)(1), those claims are dismissed as the Court concludes, as a matter of law, that a reasonable consumer would not have been misled by the Defendant's labeling. Because the Plaintiffs have failed to state a claim related to the FITCRUNCH products they did purchase, they cannot bring claims for FITBAR products, which they did not purchase. The Plaintiffs Cade Seljak, Jacob Bernardi, and Nancy Taylor bring this purported class action against the Defendant Pervine Foods, LLC on behalf of themselves and consumers who purchased the Defendant's FITCRUNCH Whey Protein Baked Bar products ("FITCRUNCH products") or FITBAR energy bar products. The products contain high levels of protein and come in flavors that sound like desserts, including Milk & Cookies, Chocolate Chip Cookie Dough, Apple Pie, and Chocolate Peanut Butter. The Plaintiffs assert the following claims under New York, California, and Illinois law: (1) violation of New York's General Business Law ("GBL") section 349; (2) violation of New York's GBL section 350; (3) violation of California's Unfair Competition Law ("UCL"), California Business and Professions Code section 17200; (4) violation of California's Consumer Legal Remedies Act ("CLRA"), California Civil Code section 1750; (5) violation of California's False Advertising Law ("FAL"), California Business & Professions Code section 17500; and (6) violation of Illinois' Consumer Fraud and Deceptive Trade Practices Act ("ICFA") 815 ILCS 505/1. Pervine Foods produces nutritional food products. The Company provides protein baked bars, brownie, powder, and other related products. A copy of the Court's order dated March 3, 2023 is available from PacerMonitor.com at https://bit.ly/3yGbmjo at no extra charge.[CC] PHL VARIABLE: Initial OK of Settlement & Distribution Plan Sought ----------------------------------------------------------------- In the class action lawsuit captioned as ADVANCE TRUST & LIFE ESCROW SERVICES, LTA, AS NOMINEE OF LIFE PARTNERS POSITION HOLDER TRUST, and JAMES KENNEY, on behalf of themselves and all others similarly situated, v. PHL VARIABLE INSURANCE COMPANY, Case No. 1:18-cv-03444-MKV (S.D.N.Y.), the Plaintiff James Kenney, as an individual and on behalf of the class of policy owners proposed to be certified for purposes of settlement, ask the Court to enter an order pursuant to Rule 23 of the Federal Rules of Civil Procedure: 1. preliminarily approving the Settlement and distribution plan; 2. preliminarily certifying the Settlement Class and appointing Plaintiff James Kenney as Class Representative and Susman Godfrey L.L.P. as Class Counsel for purposes of the Settlement; 3. approving the form and manner of notice to the Settlement Class; 4. directing notice under Rule 23(e)(1); and 5. scheduling a final approval hearing at which the Court will consider final approval of the Settlement, final approval of the distribution plan, and Class Counsel's motion for fees and costs, based on the accompanying Memorandum of Law in Support of Plaintiff's Motion for Preliminary Approval and Class Certification, the supporting Declarations of Seth Ard, Professor Eric Green, Robert Mills, and Gina M. Intrepido-Bowden, and the exhibits attached thereto. PHL Variable operates as an insurance firm. The Company offers life insurance and annuity services. A copy of the Plaintiffs' motion dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/40iAZCE at no extra charge.[CC] The Plaintiffs are represented by: Seth Ard, Esq. Ryan Kirkpatrick, Esq. Komal Patel, Esq. Steven G. Sklaver, Esq. Krysta Kauble Pachman, Esq. Michael Adamson, Esq. SUSMAN GODFREY L.L.P. 1301 Avenue of the Americas, 32nd Floor New York, NY 10019-6023 Telephone: (212) 336-8330 Facsimile: (212) 336-8340 E-mail: sard@susmangodfrey.com rkirkpatrick@susmangodfrey.com kpatel@susmangodfrey.com ssklaver@susmangodfrey.com kpachman@susmangodfrey.com madamson@susmangodfrey.com PORTOLA PHARMACEUTICALS: Amended Class Action Settlement Approved ----------------------------------------------------------------- In the class action lawsuit captioned as PAUL HAYDEN, et al., v. PORTOLA PHARMACEUTICALS INC., et al., Case No. 3:20-cv-00367-VC (N.D. Cal.), the Hon. Judge Vince Chhabria entered an order approving class action settlement as amended. -- The Settlement Class The Court hereby finally certifies for the purposes of the Settlement only, the Action as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure on behalf of: "all persons and entities who purchased or otherwise acquired the common stock of Portola Pharmaceuticals, Inc. between January 8, 2019 and February 28, 2020, inclusive (the "Settlement Class Period"), and were allegedly damaged thereby; including those who purchased or otherwise acquired Portola Inc. common stock either in or traceable to Portola Inc.'s secondary public offering ("SPO") on or about August 14, 2019, and were allegedly damaged thereby ("Settlement Class");" Excluded from the Settlement Class are: (i) Defendants; (ii) members of the immediate family of any Individual Defendant; (iii) any person who was an officer, director, or controlling person of Portola Inc. or any of the Underwriter Defendants; (iv) any subsidiaries or affiliates of Portola or any of the Underwriter Defendants; (v) any entity in which any such excluded party has, or had, a direct or indirect majority ownership interest; (vi) Defendants' directors' and officers' liability insurance carriers, and any affiliates or subsidiaries thereof; and (vii) the legal representatives, heirs, successors-in- interest, or assigns of any such excluded persons or entities. Notwithstanding the foregoing and for the avoidance of doubt, the Settlement Class shall not exclude any "Investment Vehicles," defined as any investment company, or pooled investment fund or separately managed account (including, but not limited to, mutual fund families, exchange traded funds, funds of funds, private equity funds, real estate funds, hedge funds, and employee benefit plans) in which the Underwriter Defendants, or any of them, have, has, or may have a direct or indirect interest, or as to which its affiliates may serve as a fiduciary or act as an investment advisor, general partner, managing member, or in any other similar capacity but in which any of the Underwriter Defendants, alone or together with its, his, or her respective affiliates, is not a majority owner or does not hold a majority beneficial interest. Also excluded from the Settlement Class is any Settlement Class Member that validly and timely requests exclusion in accordance with the requirements set by the Court. However, no Settlement Class Member has requested exclusion from the Settlement Class. -- Final Settlement Approval and Dismissal of Claims Pursuant to, and in accordance with, Rule 23(e)(2) of the Federal Rules of Civil Procedure, this Court hereby fully and finally approves the Settlement set forth in the Stipulation in all respects (including, without limitation, the amount of the Settlement, the Releases provided for therein, and the dismissal with prejudice of the claims asserted against Defendants in the Action), and finds that the Stipulation is, in all respects, fair, reasonable, and adequate, and in the best interests of the Settlement Class. Specifically, the Court finds that (a) Plaintiffs and Lead Counsel have adequately represented the Settlement Class; (b) there was no collusion in connection with the Stipulation; (c) the Stipulation was the product of informed, arm’s-length negotiations among competent, able counsel; (d) the relief provided for the Settlement Class under the Stipulation is adequate taking into account the costs, risks, and delay of trial and appeal, the proposed means of distributing the Settlement Fund to the Settlement Class, the proposed attorneys’ fee award and requested reimbursement of Plaintiffs’ Counsel’s litigation expenses and Plaintiffs’ costs and expenses; and (e) the Plan of Allocation treats members of the Settlement Class equitably relative to each other. Portola is an American clinical stage biotechnology company that researches, develops, and commercializes drugs. The company focuses primarily on drugs used in the treatment of thrombosis and hematological malignancies. A copy of the Court's order dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/40d6M7V at no extra charge.[CC] PRECISION IMAGING: Class Certification Bid Extended to Sept. 23 --------------------------------------------------------------- In the class action lawsuit captioned as MARC IRWIN SHARFMAN M.D. P.A., v. PRECISION IMAGING ST. AUGUSTINE LLC and HALO DX, INC., Case No. 6:22-cv-00642-WWB-DCI (M.D. Fla.), the Hon. Judge Wendy W. Berger entered an order: 1. granting the Plaintiff's unopposed motion to modify case management and scheduling order, and 2. extending the deadline for moving for class certification to September 23, 2023. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3Jv5sqp at no extra charge.[CC] PURECYCLE TECHNOLOGIES: Continues to Defend Consolidated Class Suit ------------------------------------------------------------------- PureCycle Technologies Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 16, 2023, that the Company continues to defend itself from the consolidated putative class suits in the U.S. District Court for the Middle District of Florida. Beginning on or about May 11, 2021, two putative class action complaints were filed against PCT, certain senior members of management and others, asserting violations of federal securities laws under Section 10(b) and Section 20(a) of the Exchange Act. The complaints generally allege that the applicable defendants made false and/or misleading statements in press releases and public filings regarding the Technology, PCT’s business and PCT's prospects. The first putative class action complaint was filed in the U.S. District Court for the Middle District of Florida by William C. Theodore against PCT and certain senior members of management (the “Theodore Lawsuit”). The second putative class action complaint was filed in the U.S. District Court for the Middle District of Florida by David Tennenbaum against PCT, certain senior members of management and others (the "Tennenbaum Lawsuit" and, together with the Theodore Lawsuit, the "Class Action Lawsuits"). On July 14, 2021, the court granted a motion to consolidate the Class Action Lawsuits and on July 27, 2021, Tennenbaum filed a motion to voluntarily dismiss his complaint without prejudice. On August 5, 2021, the Court entered an order appointing the Mariusz Ciecko and Robert Ciecko as Co-Lead Plaintiffs (“Lead Plaintiffs”) and Pomerantz LLP as Lead Counsel. On September 27, 2021, the Lead Plaintiffs filed a consolidated amended complaint. The consolidated amended complaint seeks to represent a class of investors who purchased or otherwise acquired PCT's securities between November 16, 2020, and May 5, 2021, certification of the alleged class, as well as compensatory and punitive damages. The consolidated amended complaint relies on information included in a research report published by Hindenburg Research LLC. On November 12, 2021, PCT and the individual defendants affiliated with PCT ("PCT Defendants") and Byron Roth each filed separate motions to dismiss Lead Plaintiffs' amended complaint. On December 28, 2021, Lead Plaintiffs filed their brief in opposition to the PCT Defendants’ and Byron Roth's motions to dismiss. On January 18, 2022, the PCT Defendants filed a reply to Lead Plaintiffs’ brief. On August 4, 2022, the U.S. District Court for the Middle District of Florida dismissed the Class Action Lawsuits, without prejudice. The Court provided the Lead Plaintiffs until August 18, 2022 to file a second amended complaint. Plaintiffs filed their second amended complaint on August 18, 2022. On September 15, 2022, the PCT Defendants and Byron Roth each filed a motion to dismiss the second amended complaint and the Lead Plaintiffs filed their opposition to the motions to dismiss on October 20, 2022. Defendants were granted leave to file a reply and filed the reply on October 31, 2022. The PCT Defendants intend to vigorously defend the Class Action Lawsuits. PureCycle Technologies, Inc. is a Florida-based corporation focused on commercializing a patented purification recycling technology for restoring waste polypropylene into resin. QUIKSERVE CAJUN: Mora Files Suit in Cal. Super. Ct. --------------------------------------------------- A class action lawsuit has been filed against Quikserve Cajun, Inc., et al. The case is styled as Cynthia Mora, and all others similarly situated and on behalf of the general public v. Quikserve Cajun, Inc., Does 1-10, Case No. 34-2023-00336303-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., March 16, 2023). The case type is stated as "Other Employment - Civil Unlimited." Quikserve Cajun, Inc. is a legal entity registered with Bloomberg Finance L.P.[BN] The Plaintiff is represented by: Roman Otkupman, Esq. OTKUPMAN LAW FIRM, ALC 28632 Roadside Dr, Ste 203 Agoura Hills, CA 91301-6015 Phone: (818) 293-5623 Fax: (888) 850-1310 Email: roman@OLFLA.com REAL EATS AMERICA: Winter Sues Over Unpaid Wages and Benefits ------------------------------------------------------------- Yvonne Winter, on behalf of herself and all others similarly situated v. REAL EATS AMERICA INC., Case No. 6:23-cv-06157 (W.D.N.Y., March 15, 2023), is brought for collection of unpaid wages and benefits for 60 calendar days pursuant to the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") and the New York Worker Adjustment and Retraining Notification Act ("NY WARN Act") New York Labor Law ("NYLL") (collectively, the "WARN Acts"). The Plaintiff was an employee of the Defendant until she was terminated as part of, or as a result of a mass layoff and/or plant closing ordered by the Defendant. As such, the Defendant is liable under the WARN Acts for the failure to provide the Plaintiff and the other similarly situated former employees at least 60 days’ advance written notice of termination, as required by the WARN Act and did not provide 90 days advance written notice as required by the NY WARN Act. As a consequence, the Plaintiff and other similarly situated employees of the Defendant are entitled under the WARN Acts to recover from the Defendant their wages and ERISA benefits for 60 days, none of which has been paid. The Plaintiff also bring this action against the Defendant on behalf of herself and the other similarly situated former employees seeking accrued vacation pay, says the complaint. The Plaintiff was an employee who was employed by the Defendant and worked at or reported to the Facility until her termination without cause on March 1, 2023. The Defendant is a New York corporation which maintained a facility located in Geneva, New York.[BN] The Plaintiff is represented by: Stuart J. Miller, Esq. LANKENAU & MILLER, LLP 100 Church Street, 8th FL New York, NY 10078 Phone: (212) 581-5005 Fax: (212) 581-2122 - and - Mary E. Olsen, Esq. M. Vance McCrary, Esq. THE GARDNER FIRM, PC 182 St. Francis Street, Suite 103 Mobile, AL 36602 Phone: (251) 433-8100 Fax: (251) 433-8181 REILLY FOAM: Carreon Sues Over Unlawful Biometric Scanning ---------------------------------------------------------- Roberto Carreon and Ma del Carmen Martinez, individually and on behalf of other persons similarly situated v. REILLY FOAM CORP., Case No. 2023LA000204 (Ill. 18th Judicial Cir. Ct., DuPage Cty., Feb. 27, 2023), is brought to obtain statutory damages and other equitable relief under the Illinois Biometric Information Privacy Act ("BIPA" or "the Act"), as a result of the unlawful biometric scanning and storage practices of Defendant. As past and present employees of Defendant, Plaintiffs and class members were required to provide it with their personalized biometric identifiers and the biometric information derived therefrom ("biometric data"). Specifically, Defendant collects and stores its employees' fingerprints and requires employees to clock-in and clock out by scanning their fingerprints into a fingerprint-scanning machine. Following the capture of their employees' biometric data, Defendant uses this data to compare the future scans of their employees' fingerprints into a punch-clock device. The punch-clock device scans each fingerprint and confirms that the employee punching in to work is who they claim to be. The collection of the punch-clock fingerprint entries is then used to confirm employees' presence. The Plaintiffs and class members have not been notified where their fingerprints are being stored, for how long Defendant will keep the fingerprints, and what might happen to this valuable information. The State of Illinois recognized the value and importance of preserving people's biometric data when it passed the Illinois Biometric Information Privacy Act. Unlike other forms of personal identification, such as photo IDs or passwords, fingerprints are immutable aspects of our bodies. This makes them a promising source of future identification-related technology, particularly in our increasingly insecure technological world. If Defendant insists on collecting and storing their employees' fingerprints, Defendant must comply with the BIPA. This includes notifying employees the practice is taking place; informing employees of how the practice is implemented; obtaining written consent from the employees to collect and store their biometric data; maintaining their employees' biometric data in a sufficiently secure manner; and maintaining a publicly available disclosure of how the biometric data will be handled and destroyed. Unfortunately for the Plaintiffs and class members, none of these directives were followed. Accordingly, Plaintiffs bring this action individually and on behalf of class members pursuant to obtain statutory damages and injunctive relief for violations of the BIPA, says the complaint. The Plaintiffs are individuals subject to the same fingerprint-storing practices as other of Defendant's employees. The Defendant is a for-profit corporation that is doing business in the state of Illinois.[BN] The Plaintiffs are represented by: Roberto Luis Costales, Esq. William H. Beaumont, Esq. BEAUMONT COSTALES LLC 107 W. Van Buren, Suite 209 Chicago, IL 60605 Phone: (773) 831-8000 Email: rlc@beaumontcostales.com whb@beaumontcostales.com RELENTLESS RECOVERY: Sanford Sues Over Unpaid Overtime Wages ------------------------------------------------------------ Christopher Sanford, individually and on behalf of all others similarly situated v. Relentless Recovery, Inc., an Ohio Limited Corporation; Amy Osterling and David Osterling, Case No. 1:23-cv-00537 (N.D. Ohio, March 15, 2023), is brought for unpaid wages, liquidated damages, attorneys' fees, costs, and interest under the Fair Labor Standards Act ("FLSA"), and Ohio Revised Code Ann. ("ORC") for the Defendants' failure to pay the Plaintiff all earned overtime wages. The Plaintiff, in his work for the Defendants, typically worked 60 hours or more per week. The Defendants implemented a policy where their repossession drivers, including the Plaintiff, were only compensated for up to 45 hours per week regardless of the number of hours worked in a workweek. The Plaintiff was required to work a minimum of 40 hours per week for the Defendants. The Plaintiff would not be compensated for hours worked in excess of 45 hours in a workweek. The Defendants have willfully refused to pay overtime to its repossession drivers, including the Plaintiff, by only compensating the Plaintiff for working 45 hours per week, regardless of the number of hours spent working by the Plaintiff. In willfully refusing to pay overtime wages, the Defendants have violated the overtime provisions of the FLSA and the ORC, says the complaint. The Plaintiff was hired by the Defendants and worked for the Defendants as a repossession driver from 2015 through September 2022. The Defendants own and operate a company that functions as a repossession service and whose primary marketplace offering is providing repossession services.[BN] The Plaintiff is represented by: Clifford P. Bendau, II, Esq. Christopher J. Bendau, Esq. BENDAU & BENDAU PLLC P.O. Box 97066 Phoenix, AZ 85060 Phone: (480) 382-5176 Email: cliffordbendau@bendaulaw.com - and - James L. Simon, Esq. SIMON LAW CO. 5000 Rockside Road, Suite 520 Independence, OH 44131 Phone: (216) 816-8696 Email: james@simonsayspay.com RENEOTECH INC: Nemirovsky Suit Removed to S.D. New York ------------------------------------------------------- The case styled as Michael Nemirovsky, individually and on behalf of all others similarly situated v. Reneotech, Inc., Case No. 151267/2023 was removed from the Supreme Court of the State of New York, County of New York, to the U.S. District Court for the Southern District of New York on March 13, 2023. The District Court Clerk assigned Case No. 1:23-cv-02112 to the proceeding. The nature of suit is stated as Other Personal Property. Reneotech, Inc. is a natural & safe bio-pesticide that will kill bed bugs.[BN] The Plaintiff appears pro se. The Defendant is represented by: Alvina Pillai, Esq. KING & SPALDING LLP 1185 Avenue of the Americas New York, NY 10036 Phone: (212) 790-5331 Fax: (212) 556-2222 Email: apillai@kslaw.com REVENTICS LLC: Robinson Files Suit in D. Colorado ------------------------------------------------- A class action lawsuit has been filed against Reventics LLC. The case is styled as Preference Robinson, individually, and on behalf of all others similarly situated v. Reventics LLC, Case No. 1:23-cv-00659-RMR (D. Colo., March 14, 2023). The nature of suit is stated as Other P.I. for Personal Injury. Reventics -- https://reventics.com/ -- is a new-age, physician-focused clinical documentation improvement (CDI) and revenue cycle management (RCM) company.[BN] The Plaintiff is represented by: Nickolas J. Hagman, Esq. CAFFERTY CLOBES MERIWETHER & SPRENGEL LLP 135 South LaSalle Street, Suite 3210 Chicago, IL 60603 Phone: (312) 782-4880 Email: nhagman@caffertyclobes.com RIBBON HOME: Chen Sues Over Employment Loss Without Cause --------------------------------------------------------- KENNY CHEN, SEAN HO, and ZOE BUONINCONTRI, individually and on behalf of all other persons similarly situated who were employed by RIBBON HOME, INC. f/k/a ACHIEVE, INC., Plaintiffs v. RIBBON HOME, INC. f/k/a ACHIEVE, INC., Defendant, Case No. 152297/2023 (N.Y. Sup., New York Cty., March 10, 2023) is a class action brought by the Plaintiffs seeking to recover from the Defendant for violations of the New York State Worker Adjustment and Retraining Notification Act, on behalf of themselves and a class of similarly situated persons who worked for Defendant and experienced employment loss without cause on or about November 21, 2022, and within 30 days of that date, or experienced an employment loss without cause as the reasonably foreseeable consequence of the mass layoffs ordered by Defendant. Plaintiff Chen was employed by Defendant as an iOS Engineer, and began working for Defendant in approximately August 2021. Plaintiff Ho was employed by Defendant as an Engineering Manager, and began working for Defendant in approximately June 2021. Plaintiff Buonincontri was employed by Defendant as a Portfolio Operations Associate, and began working for Defendant on or about April 25, 2022. On or about November 21, 2022, Defendant carried out a mass layoff that resulted in the loss of employment for at least 33% of its workforce and at least 25 employees, excluding "part-time employees" who were employed for an average of fewer than twenty hours per week or who have been employed for fewer than six of the twelve months preceding the date on which notice is required. Named Plaintiffs' employment with Defendant was terminated on or about November 21, 2022 as part of this "mass layoff" as defined by the New York WARN Act, for which they were entitled to receive 90 days advance written notice under the act from Defendant, says the suit. Ribbon Home, Inc. provides software solutions. The Company offers platform for buying and selling of home. Ribbon Home serves customers in the United States.[BN] The Plaintiffs are represented by: Lloyd R. Ambinder, Esq. LaDonna M. Lusher, Esq. Alanna R. Sakovits, Esq. VIRGINIA & AMBINDER, LLP 40 Broad Street, 7th Floor New York, NY 10004 Telephone: (212-943-9080 E-mail: lambinder@vandallp.com llusher@vandallp.com asakovits@vandallp.com - and - Mahir Nisar, Esq. Susan Ghim, Esq. Casey Wolnowski, Esq. NISAR LAW GROUP, PC 60 East 42nd Street, Suite 4600 New York, NY 10165 Telephone: (646) 889-1011 E-mail: mnisar@nisarlaw.com sghim@Nisarlaw.com cwolnowski@nisarlaw.com RICE DRILLING: Deadline to Answer Amended Complaint Extended ------------------------------------------------------------ In the class action lawsuit captioned as GOLDEN EAGLE RESOUCES II, LLC, v. RICE DRILLING D, LLC, Case No. 2:22-cv-02374-ALM-KAJ (S.D. Ohio), the Hon. Judge Kimberly A. Jolson entered an order granting the parties agreement to extend the deadline for the Defendant to answer or otherwise plead to the Amended Complaint. -- The Defendant must answer or otherwise plead to the Amended Complaint within 14 days of the Court's decision on class certification in the Passmore case. -- But the parties cannot stipulate to this extension. Pursuant to Local Rule 6.1(a), parties can only stipulate to "extensions of time not to exceed a total of 21 days in which to file a motion in response to a pleading or any responsive pleading." Local R. 6.1(a). -- And the stipulation must "affirmatively state the new date for response agreed to by the parties." Here, the parties stipulated to an extension not clearly 21 days or fewer: they agreed to extend the Defendant's "deadline to answer or file a dispositive motion until fourteen days after a decision on the class certification motion pending before the Court in J&R Passmore, LLC v. Rice Drilling D, LLC, No. 2:18-cv-1587." A copy of the Court's order dated March 3, 2023 is available from PacerMonitor.com at https://bit.ly/3Jl2tAI at no extra charge.[CC] ROBERTO COIN: Zinnamon Sues Over Blind-Inaccessible Website ----------------------------------------------------------- Warren Zinnamon, on behalf of himself and all others similarly situated v. ROBERTO COIN INC., Case No. 1:23-cv-02203 (S.D.N.Y., March 15, 2023), is brought against Defendant for its failure to design, construct, maintain, and operate its website to be fully accessible to and independently usable by Plaintiff and other blind or visually-impaired people. The Defendant's denial of full and equal access to its website, and therefore denial of its goods and services offered thereby, is a violation of Plaintiff's rights under the Americans with Disabilities Act ("ADA"). Because Defendant's website, www.robertocoin.com (the "Website"), is not equally accessible to blind and visually impaired consumers, it violates the ADA. The Plaintiff seeks a permanent injunction to cause a change in Defendant's corporate policies, practices, and procedures so that Defendant's website will become and remain accessible to blind and visually-impaired consumers, says the complaint. The Plaintiff is a visually-impaired and legally blind person who requires screen-reading software to read website content using his computer. The Defendant is a company that owns and operates www.robertocoin.com, offering features which should allow all consumers to access the goods and services and which Defendant ensures the delivery of such goods throughout the United States, including New York State.[BN] The Plaintiff is represented by: Mark Rozenberg, Esq. STEIN SAKS, PLLC One University Plaza, Suite 620 Hackensack, NJ 07601 Phone: (201) 282-6500 Fax: (201) 282-6501 Email: mrozenberg@steinsakslegal.com RXO LAST MILE: Sotomayor Sues Over Unpaid Compensations ------------------------------------------------------- Francisco Sotomayor and Jose Gago, on behalf of themselves and all others similarly situated v. RXO LAST MILE, INC., Case No. 1:23-cv-02009 (E.D.N.Y., March 15, 2023), is brought on behalf of current and former New York delivery drivers of RXO, who were deprived of wages due to them under the New York wage payment laws in violation of the New York Labor Law ("NYLL"). RXO deducted expenses directly from the Plaintiffs' pay, including deductions for insurances, damage claims, administrative costs such as processing fees, and uniforms. Further, RXO compelled Sotomayor to incur certain expenses which would normally be borne by an employer, such as for fuel costs, vehicle maintenance costs, and payments to helpers. The Plaintiffs regularly worked over 40 hours a week. There were weeks where the Plaintiffs worked full time, but after paying the deductions and expenses, as well as paying his helper, Sotomayor earned only a few hundred dollars. As a result, the Plaintiffs regularly earned less than the applicable minimum wage. Moreover, the Plaintiffs regularly earned less than one and one-half times the minimum wage for all hours worked over 40, says the complaint. The Plaintiffs worked for RXO as delivery drivers delivering Ikea merchandise. RXO is a foreign corporation incorporated under the laws of Georgia.[BN] The Plaintiff is represented by: Troy L. Kessler, Esq. Garrett Kaske, Esq. KESSLER MATURA P.C. 534 Broadhollow Road, Suite 275 Melville, NY 11747 Phone: (631) 499-9100 Email: tkessler@kesslermatura.com gkaske@kesslermatura.com - and - Harold L. Lichten, Esq. Benjamin J. Weber, Esq. LICHTEN & LISS-RIORDAN, P.C. 729 Boylston Street, Suite 2000 Boston, MA 02116 Phone: (617) 994-5800 Email: hlichten@llrlaw.com bjweber@llrlaw.com SAFEWAY INC: Cooper Files Suit in Cal. Super. Ct. ------------------------------------------------- A class action lawsuit has been filed against Safeway Inc. The case is styled as Brandyn Cooper, an individual, on behalf of himself and all others similarly situated v. Safeway Inc., Case No STK-CV-UOE-2023-0001882 (Cal. Super. Ct., San Joaquin Cty., Feb. 27, 2023). The case type is stated as "Unlimited Civil Other Employment." Safeway, Inc. -- https://www.safeway.com/ -- is an American supermarket chain founded by Marion Barton Skaggs in April 1915 in American Falls, Idaho.[BN] SAINT-GOBAIN: Court OKs Filing of Amended Consolidated Complaint ---------------------------------------------------------------- In the class action lawsuit captioned as MICHELE BAKER, individually and on behalf of all other persons similarly situated, et al., v. SAINT-GOBAIN PERFORMANCE PLASTICS CORP., et al.,Case No. 1:16-cv-00917-LEK-DJS (N.D.N.Y.),the Hon. Judge Lawrence E. Kahn entered an order granting the Plaintiffs' cross-motion to file the proposed third amended master consolidated complaint. The Plaintiffs may file and serve their amended complaint within 14 days from the date of issuance of this Memorandum-Decision and Order pursuant to Local Rule 15.1(c), the Court says. The Court is further ordered, that the Court conditionally decertifies the Nuisance Damage Class sua sponte pursuant to Federal Rule of Civil Procedure 23(c)(1)(C), contingent on Plaintiffs' filing of the Third Amended Master Consolidated Complaint with the Court. The Plaintiffs Michele Baker; Charles Carr; Angela Corbett; Pamela Forrest; Michael Hickey, individually and as parent and natural guardian of O.H., infant; Kathleen Main-Lingener; Kristin Miller, as parent and guardian of K.M., infant; Jennifer Plouffe; Silvia Potter, individually and as parent and natural guardian of C.P., infant; and Daniel Schuttig, individually and on behalf of all others similarly situated, brought a putative class action against Saint-Gobain Performance Plastics Corp. ("Saint-Gobain"); Honeywell International, Inc. formerly known as Allied-Signal, Inc. ("Allied-Signal") or AlliedSignal Laminate Systems, Inc. ("AlliedSignal Laminate"); E.I. DuPont de Nemours and Co. ("DuPont"); and 3M Co. ("3M"). After the Court approved a Settlement Agreement between Saint-Gobain, Honeywell, 3M, and Plaintiffs, DuPont remained the sole Defendant in this case. On September 30, 2022, the Court issued a Memorandum-Decision and Order granting Plaintiffs' motion for class certification. Accordingly, the Court finds that DuPont has not met its burden of establishing undue prejudice with regard to the proposed Third Amended Master Consolidated Complaint. Saint-Gobain manufactures and distributes plastics. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3z62uUJ at no extra charge.[CC] SAN DIEGO COUNTY, CA: Monzon Labor Suit Removed to S.D. Cal. ------------------------------------------------------------ The case styled KAREN MONZON, ANDREA ZARATTINI, individually and on behalf of all employees similarly situated, Plaintiffs v. COUNTY OF SAN DIEGO, DOES 1-10, inclusive, Defendants, Case No. 37-2023-00008195-CU-OE-CTL, was removed from the Superior Court of the State of California, in and for the County of San Diego, Central Division, to the United States District Court for the Southern District of California on March 10, 2023. The Clerk of Court for the Southern District of California assigned Case No. 3:23-cv-00445-BEN-WVG to the proceeding. The Plaintiffs allege that Defendants, and each of them, violated various provisions of the California Labor Code, relevant orders of the Industrial Welfare Commission, and also bring a collective action for Defendants' violations of the provisions of the Fair Labor Standards Act. County of San Diego is a county in the southwestern corner of the U.S. state of California.[BN] The Defendant is represented by: Claudia G. Silva, Esq. Frances Rogers, Esq. Heather Murray, Esq. OFFICE OF COUNTY COUNSEL, COUNTY OF SAN DIEGO 1600 Pacific Highway, Room 355 San Diego, CA 92101-2469 Telephone: (619) 531-6219 Facsimile: (619) 531-6005 SAN FRANCISCO BAR: Reed Employment Suit Removed to N.D. Cal. ------------------------------------------------------------ The case styled RAYMOND REED, individually and on behalf of all others similarly situated, Plaintiff v. THE SAN FRANCISCO BAR PILOTS; and DOES 1 through 20, inclusive, Defendants, Case No. 3:23-cv-01089, was removed from the Superior Court of the State of California, County of San Francisco, to the United States District Court for the Northern District of California on March 10, 2023. The Clerk of Court for the Northern District of California assigned Case No. 3:23-cv-01089 to the proceeding. The Plaintiff alleges one cause of action pursuant to California's Private Attorney General Act of 2004. The terms and conditions of Plaintiff's employment with SFBP were governed by collective bargaining agreements between SFBP and Sailors' Union of the Pacific. There was one CBA in effect during the PAGA period (September 12, 2021 to the present), which covered the terms of Plaintiff's employment during that time. The complaint omits that Plaintiff was a member of the Union or that a CBA governed his employment, says the suit. The San Francisco Bar Pilots is a transportation escort service in San Francisco, California.[BN] The Defendant is represented by: Gregory G. Iskander, Esq. Cristina L. Piechocki, Esq. LITTLER MENDELSON, P.C. Treat Towers 1255 Treat Boulevard Suite 600 Walnut Creek, CA 94597 Telephone: (925) 932-2468 Facsimile: (925) 946-9809 SAVAGE SERVICES: Cisneros Files Suit in Cal. Super. Ct. ------------------------------------------------------- A class action lawsuit has been filed against Savage Services Corporation. The case is styled as Giovanni Cisneros, an individual, on behalf of himself, and on behalf of all persons similarly situated v. Savage Services Corporation, Case No. STK-CV-UOE-2023-0002575 (Cal. Super. Ct., San Joaquin Cty., March 16, 2023). The case type is stated as "Unlimited Civil Other Employment." Savage Services Corporation -- https://www.savageservices.com/ -- provides transportation services. The Company offers trucking, supply chain management, material handling, logistics, marine transportation, toll processing, trans loading, and terminal operations services.[BN] The Plaintiff is represented by: Jean-Claude Lapuyade, Esq. JCL LAW FIRM, APC 5440 Morehouse Dr., Ste. 3600 San Diego, CA 92121-6720 Phone: 619-599-8292 Fax: 619-599-8291 Email: jlapuyade@jcl-lawfirm.com SAVOIR BEDS USA: Hernandez Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Savoir Beds USA, LLC. The case is styled as Janelys Hernandez, on behalf of herself and all others similarly situated v. Savoir Beds USA, LLC, Case No. 1:23-cv-02273 (S.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Savoir Beds USA -- https://www.savoirbeds.com/ -- offers handmade luxury beds and mattresses, bespoke made to order from the finest natural materials in the UK since 1905.[BN] The Plaintiff is represented by: Noor Abou-Saab, I, Esq. LAW OFFICE OF NOOR A. SAAB 380 North Broadway, Suite 300 Jericho, NY 11753 Phone: (718) 740-5060 Email: noorasaablaw@gmail.com SCISSORTAIL ENERGY: Filing for Class Cert Bid Due Jan. 26, 2024 --------------------------------------------------------------- In the class action lawsuit captioned as MARVIN B. DINSMORE, et al., on behalf of themselves and all others similarly situated, v. SCISSORTAIL ENERGY, LLC., Case No. 6:22-cv-00352-GLJ (E.D. Okla.), the Hon. Judge Gerald L. Jackson entered a scheduling order to govern the parties' actions in the case until a ruling on the Plaintiff's motion for class certification: Motions for leave to amend or add May 24, 2023 additional parties Documents previously produced by Dec. 18, 2023 parties shall be deemed authenticated except as to those objected to Class Certification Motion filed with Jan. 26, 2024 all supporting evidence, including expert disclosures Class Certification Response filed Mar. 26, 2024 with all supporting evidence, including expert disclosures Class Certification Reply filed with Apr. 26, 2024 any rebuttal evidence, including rebuttal expert disclosures, if any Class Certification Discovery Cutoff Apr. 26, 2024 ScissorTail is a company that operates in the Oil & Energy industry. A copy of the Court's order dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3mXQgdE at no extra charge.[CC] SCVRH LLC: Court Certifies Employee Class in Garrett Suit --------------------------------------------------------- In the class action lawsuit captioned as Stephanie Garrett, v. SCVRH LLC, Case No. 4:22-cv-00358-RCC (D. Ariz.), the Hon. Judge Ranner Collins entered an order: 1) granting the Plaintiff's Motion for Class Certification and Related Relief. 2) certifying class comprised of: Plaintiff and other similarly situated former employees who (i) worked at Santa Cruz Valley Regional Hospital; (ii) were terminated without cause on July 22,15 2022, or within 90 days before or after July 22, 2022, as part of, or as the result of, a mass layoff or closing; (iii) are affected employees within the meaning of 29 U.S.C. section 2101(a)(5); and (iv) have not filed a timely request to opt-out of the class. 3) appointing Rene S. Roupinian of RaisnerRoupinian LLP as Class Counsel. 4) approving Notice to the Class. The Notice is found to constitute sufficient notice to all Class members in compliance with the notice requirements of Fed. R. Civ. P. 23. A copy of the Court's order dated March 3, 2023 is available from PacerMonitor.com at https://bit.ly/3LwNq9I at no extra charge.[CC] SHARP HOLDING: King Seeks Conditional FLSA Collective Cert. ----------------------------------------------------------- In the class action lawsuit captioned as RHONDA KING, on behalf of herself and all others similarly situated, v. SHARP HOLDING, INC., ROBERT SHARP, and DOE the Defendants 1-10, Case No. 1:22-cv-00728-PTG-JFA (E.D. Va.), the Plaintiff asks the Court to enter an order granting: (i) Certification of the proposed Class pursuant to Fed. R. Civ. P. 23; (ii) Conditional Collective Certification pursuant to the Fair Labor Standards Act; (iii) issuance of Notice to all members of the putative Collective Class in accordance with Hoffman-La Roche v. Sperling, 493 U.S. 165 (1989) and issuance of Notice to all members of any certified Rule 23 Class, and (iv) the production of relevant information to effectuate notice. A copy of the the Plaintiff's motion dated March 2, 2023 is available from PacerMonitor.com at https://bit.ly/3YEqMPL at no extra charge.[CC] The Plaintiff is represented by: Steven T. Webster, Esq. WEBSTER BOOK LLP 300 N. Washington Street, Suite 404 Alexandria, VA 22314 Telephone: (888) 987-9991 Facsimile: (888) 987-9991 E-mail: swebster@websterbook.co - and - Gerald D. Wells, III, Esq. Robert J. Gray, Esq. CONNOLLY WELLS & GRAY, LLP 101 Lindenwood Drive, Suite 225 Malvern, PA 19355 Telephone: (610) 822-3700 Facsimile: (610) 822-3800 E-mail: gwells@cwglaw.com rgray@cwglaw.com SHINOLA/DETROIT LLC: Black Files ADA Suit in E.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Shinola/Detroit, LLC. The case is styled as Jahron Black, on behalf of himself and all others similarly situated v. Shinola/Detroit, LLC, Case No. 1:23-cv-02049 (E.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Shinola/Detroit, LLC -- https://www.shinola.com/ -- retails discretionary products. The Company offers men's and women's bags, watches, straps, jewelry, bicycles, and gifts, as well as provides online services.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com SIGNATURE BANK: Schaeffer Sues Over Exchange Act Violation ---------------------------------------------------------- Matthew Schaeffer, Individually and on behalf of all others similarly situated v. SIGNATURE BANK, JOSEPH DEPAOLO, STEPHEN WYREMSKI, and ERIC HOWELL, Case No. 1:23-cv-01921 (E.D.N.Y., March 14, 2023), is brought on behalf of persons or entities who purchased or otherwise acquired publicly traded Signature Bank securities between March 2, 2023 and March 12, 2023, inclusive (the "Class Period"), including those who purchase the Signature Bank call options and/or sold put options during the Class Period, and to recover compensable damages caused by the Defendant's violations of the federal securities laws under the Securities Exchange Act of 1934 (the "Exchange Act"). On March 2, 2023, the Company issued a press release linking to a presentation that gave a Mid-Quarter Financial Update (the "March 2 Update"). The March 2 Update was uploaded to the Company's website. In pertinent part, this presentation stated that "the average balance quarter-to-date is $88.79 billion, which is higher than the December 31, 2022 balance of $88.59 billion, and lower than the fourth quarter 2022 quarter-to-date average balance of $98.6 billion." Further, the presentation stated that "deposits have increased $682 million thus far this quarter, excluding digital asset client related balances" and "the decrease in deposit balances this quarter has been driven by the deliberate decline in digital asset client related deposits of $1.51 billion, as the Bank continues to reduce the size of deposit relationships in this space." Then, on March 9, 2023, the Company issued a Press Release entitled "Signature Bank Issues Updated Financial Figures as of March 8, 2023; Reiterates Strong Financial Position and Limited Digital-Asset Related Deposit Balances in Wake of Industry Developments." (the "March 9 Update"). The March 9 Update was intended to calm investors and depositors in the wake of chaos in the banking sector, such as the collapse of Silicon Valley Bank. The March 9 Update overstated the Company's market position, given that just a few days later, it was shut down by the New York Department of Financial Services ("DFS"). The statements contained materially false and/or misleading because they misrepresented and failed to disclose the following adverse facts pertaining to the Company's business, operations, and prospects, which were known to Defendants or recklessly disregarded by them. Specifically, Defendants made false and/or misleading statements and/or failed to disclose that: Signature Bank did not have the strong fundamentals that it represented itself as having in the days immediately prior to its takeover, or otherwise took action that left it susceptible to a takeover by the New York Department of Financial Services ("DFS"); as a result, it became a target for regulatory action by the DFS, and as a result, Defendants' public statements were materially false and/or misleading at all relevant times. On Sunday March 12, 2023, the DFS announced that, in order to protect depositors and pursuant to Section 606 of New York Banking Law, DFS had taken possession of Signature Bank. DFS further stated that it was "in close contact with all regulated entities in light of market events, monitoring market trends, and collaborating closely with other state and federal regulators to protect consumers, ensure the health of the entities we regulate, and preserve the stability of the global financial system." On March 12, 2023, trading in the Company's shares were halted and remain halted as of the filing of this action, essentially rendering the Company's shares illiquid and valueless-given the bank's failure. As a result of Defendants' wrongful acts and omissions, and the precipitous decline in the market value of the Company's common shares, Plaintiff and the other Class members have suffered significant losses and damages, says the complaint. The Plaintiff purchased Signature Bank securities during the Class Period. Signature Bank purports to be a New York-based full-service commercial bank with 40 private client offices located throughout the metropolitan New York area, as well as those in Connecticut, California, Nevada and North Carolina.[BN] The Plaintiff is represented by: Phillip Kim, Esq. Laurence M. Rosen, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Phone: (212) 686-1060 Fax: (212) 202-3827 Email: pkim@rosenlegal.com lrosen@rosenlegal.com SIGNATURE FLIGHT: Filing for Class Cert Bid Extended to Sept. 11 ---------------------------------------------------------------- In the class action lawsuit captioned as DENNIS HERRERA, as an individual and on behalf of all others similarly situated, v. SIGNATURE FLIGHT SUPPORT LLC, a Delaware limited company; and DOES 1 to 100, inclusive, Case No. 2:22-cv-03082-SSS-AGR (C.D. Cal.), the Hon. Judge Sunshine S. Sykes entered an order: 1. granting joint stipulation continuing plaintiff's deadline to file certification motion and related dates; 2. continuing the Plaintiff's deadline to complete class certification discovery to August 14, 2023; 3. continuing Plaintiff's deadline to file his motion for class certification to September 11, 2023; 4. continuing Defendant's deadline to file its opposition to Plaintiff's motion for class certification is continued to October 9, 2023; 5. continuing the Plaintiff's deadline to file his reply to his motion for class certification is continued to November 6, 2023; and 6. continuing the hearing for Plaintiff's class certification motion is continued to December 1, 2023 at 2:00 p.m. Signature Flight provides flight support and aftermarket services and systems. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3JLWkiA at no extra charge.[CC] The Plaintiff is represented by: Michael R. Crosner, Esq. Zachary M. Crosner, Esq. Sepideh Ardestani, Esq. CROSNER LEGAL, PC 9440 Santa Monica Blvd., Ste. 301 Beverly Hills, CA 90210 Telephone: (310) 496-5818 Facsimile: (310) 510-6429 E-mail: mike@crosnerlegal.com zach@crosnerlegal.com sepideh@crosnerlegal.com The Defendant is represented by: David L. Cheng, Esq. Grace K. Kim, Esq. FORD & HARRISON LLP 350 South Grand Avenue, Suite 2300 Los Angeles, CA 90071 Telephone: (213) 237-2400 Facsimile: (213) 237-2401 E-mail: dcheng@fordharrison.com gkim@fordharrison.com SIMPLY AUTHENTIC: Campbell Files ADA Suit in S.D. New York ---------------------------------------------------------- A class action lawsuit has been filed against Simply Authentic, LLC. The case is styled as Jovan Campbell, on behalf of herself and all others similarly situated v. Simply Authentic, LLC, Case No. 1:23-cv-02147 (S.D.N.Y., March 14, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Simply Authentic, LLC is a bakery located in Dublin, Ohio.[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 SKIN SPA: Hwang Files ADA Suit in E.D. New York ----------------------------------------------- A class action lawsuit has been filed against The Skin Spa - Midtown, LLC. The case is styled as Jenny Hwang, on behalf of herself and all others similarly situated v. The Skin Spa - Midtown, LLC, Case No. 1:23-cv-01933 (E.D.N.Y., March 14, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The Skin Spa - Midtown, LLC -- https://skinspanewyork.com/pages/midtown-spa -- is a skin care clinic in New York City.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com SORRENTO THERAPEUTICS: Continues to Defend Wasa Securities Suit --------------------------------------------------------------- Sorrento Therapeutics Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 16, 2023, that the Company continues to defend itself from the Wasa federal securities class suit. Wasa Medical Holdings filed a putative federal securities class action against the Company, its President, Chief Executive Officer and Chairman of the Board of Directors, Henry Ji, Ph.D., and its SVP of Regulatory Affairs, Mark R. Brunswick, Ph.D., alleging that the Company, Dr. Ji and Dr. Brunswick made materially false and/or misleading statements to the investing public regarding STI-1499 and its ability to inhibit the SARS-CoV-2 virus infection (the "Wasa Matter"). A second putative federal securities class action was filed in the U.S. District Court for the Southern District of California against the same defendants alleging the same claims and seeking the same relief, which matter was consolidated by the U.S. District Court for the Southern District of California with the Wasa Matter (the "Consolidated Matter"). On June 3, 2022, judgment was entered in the favor of defendants in the Consolidated Matter. Plaintiff in the Consolidated Matter appealed the judgment in late June 2022 and filed its opening appellate brief in October 2022. The defendants in the Consolidated Matter, as appellees, filed their answering brief in December 2022, and the appellant filed a response in January 2023. The Consolidated Matter is still pending. In general, claims made by or against the Company in disputes and other legal or regulatory proceedings can be expensive and time consuming to bring or defend against, requiring the Company to expend significant resources and divert the efforts and attention of its management and other personnel from its business operations. While the Company intends to pursue any claims made by the Company, or defend against any claims brought against the Company, vigorously, it cannot predict the outcomes of such claims. Sorrento Therapeutics, Inc., is a biopharmaceutical company. The Company is engaged in the discovery, acquisition, development and commercialization of drug therapeutics. Its primary focus is to transform cancer into a treatable or chronically manageable disease. It is also developing therapeutic products for other indications, including immunology and infectious diseases. The company is based in San Diego, California. ST. CAMILLUS: Class Collective Cert. Bid Must be Filed by August 7 ------------------------------------------------------------------ In the class action lawsuit captioned as Laskowski v. St. Camillus Nursing Home Company, Inc. et al, Case No. 5:22-cv-00799-DNH-TWD (N.D.N.Y.), the Hon. Judge Therese Wiley Dancks entered an uniform pretrial scheduling order as follows: -- The deadlines set in this scheduling order supersede the deadlines set forth in fed. r. civ. p.26(a)(3) and are firm and will not be extended, even by stipulation of the parties, absent good cause. see fed. r. civ. p. 16(b). -- Venue motions are to be filed within sixty (60) days of the date of this Order following the procedures set forth in Local Rule 7.1 (b)(2) and are to be made returnable before the assigned Magistrate Judge. -- Jurisdiction motions are to be filed within 60 days of the date of this Order following the procedures set forth in Local Rule 7.1 (b)(1) (unless a party who is not an attorney is appearing pro se, in which case L.R. 7.1 (b)(2) should be followed) and are to be made returnable before Judge Hurd. -- Joinder of parties: Any application to join any person as a party to this action shall be made on or before Aug. 25, 2023. -- Amendment of pleadings: Any application to amend any pleading in this action shall be made on or before Aug. 25, 2023. -- Discovery: -- Rule 33 and 34 Requests to be served by March 31, 2023. -- Class Collective Certification Motion to be filed by Aug. 7, 2023. -- Class Discovery to be completed by Sept. 6, 2023. -- Class Discovery Motions due Sept. 13, 2023. -- Class Certification Motion due Sept. 29, 2023. -- Settlement Conference: A settlement conference may be scheduled at the Court's direction or by the request of counsel at any time. -- Assessment of juror costs: The parties are advised that pursuant to Local Rule 47.3, whenever any civil action scheduled for a jury trial is postponed, settled, or otherwise disposed of in advance of the actual trial, then, except for good cause shown, all juror costs, including Marshal's fees, mileage, and per diem, shall be assessed against the parties and/or their counsel as directed by the Court, unless the Court and the Clerk's Office are notified at least one full business day prior to the day on which the action is scheduled for trial in time to advise the jurors that it will be unnecessary for them to attend. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3Z5DFCx at no extra charge.[CC] ST. CROIX OF PARK: Toro Files ADA Suit in S.D. New York ------------------------------------------------------- A class action lawsuit has been filed against St. Croix of Park Falls, Ltd. The case is styled as Andrew Toro, on behalf of himself and all others similarly situated v. St. Croix of Park Falls, Ltd., Case No. 1:23-cv-02270 (S.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. St. Croix of Park Falls, Ltd. -- https://stcroixrods.com/ -- offers premium quality casting, spinning, saltwater, ice fishing, and fly rods made in the USA with care and dedication.[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 STANDARD BIOTOOLS: Court Junks Securities Class Suit ---------------------------------------------------- Standard Biotools Inc. disclosed in its Form 10-K Report for the fiscal period ending December 31, 2022 filed with the Securities and Exchange Commission on March 14, 2023, that the Circuit Court granted the motion to dismiss bid of defendants in the securities class suit on February 23, 2023. In September 2020, a putative class action complaint alleging violations of the federal securities laws was filed against the Company (also naming our Chief Financial Officer and our former Chief Executive Officer as defendants) in the U.S. District Court for the Northern District of California (Reena Saintjermain, et al. v. Fluidigm Corporation, et al). The Court appointed a lead plaintiff and lead counsel in December 2020, and an amended complaint was filed on February 19, 2021. The complaint, as amended, seeks unspecified damages on behalf of a purported class of persons and entities who acquired our common stock between February 7, 2019 and November 5, 2019 and alleges securities laws violations based on statements and alleged omissions made by the Company during such period. The Company filed a motion to dismiss the complaint on April 5, 2021 and, on August 4, 2021, the Court granted defendants' motion to dismiss with leave to amend. A second amended complaint was filed on September 14, 2021. The Company filed a motion to dismiss the second amended complaint on October 29, 2021 and, on February 14, 2022, the Court granted defendants' motion and dismissed the second amended complaint with prejudice. On March 15, 2022, the lead plaintiff filed a notice of appeal of the District Court's decision. Following the Circuit Court appellate hearing on February 6, 2023, the Circuit Court granted defendants' motion to dismiss on February 21, 2023. Standard Biotools Inc. develops, manufactures and sells technologies that help biomedical researchers in their search for developing medicines faster and better. The tools provide insights in health and disease using our proprietary mass cytometry and microfluidics technologies, which serve applications in proteomics and genomics, respectively. STEPHENS INSTITUTE: Nguyen Seeks to Certify Class of Students ------------------------------------------------------------- In the class action lawsuit captioned as DUY NGUYEN, v. STEPHENS INSTITUTE D/B/A ACADEMY OF ART UNIVERSITY; and other affiliated entities and individuals, Case No. 4:20-cv-04195-JSW (N.D. Cal.), the Plaintiff Duy Nguyen asks the Court to enter an order certifying a class of: "All students enrolled at the Academy of Art University during the Spring 2020 semester who (i) were registered for at least one on-site course, and (ii) who paid tuition and/or fees, or on whose behalf tuition and fees were paid;" Excluded from the Class are the Defendant, including its corporate affiliates, parents, or 12 subsidiaries; the Defendant's employees, including officers and directors; and the Judge to which this case is assigned. The Plaintiff also seeks his appointment as the Class Representative, and the appointment of The Sultzer Law Group, P.C., Leeds Brown Law, P.C., Shoop, A Professional Corporation and Charon Law as Class Counsel. Stephens Institute offers degrees in both undergraduate and graduate level curriculum. A copy of the the Plaintiff's motion to certify class dated March 6, 2023 is available from PacerMonitor.com at https://bit.ly/3LJeS4z at no extra charge.[CC] The Plaintiff is represented by: David R. Shoop, Esq. Thomas S. Alch, Esq. SHOOP | A PROFESSIONAL LAW CORPORATION 9701 Wilshire Blvd., Suite 950 Beverly Hills, CA 90212 Telephone: (310) 620-9533 Facsimile: (310) 620-6330 E-mail: David.shoop@shooplaw.com Thomas.alch@shooplaw.com - and - Michael A. Tompkins, Esq. Brett R. Cohen, Esq. Anthony Alesandro, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, NY 11514 Telephone: (516) 873-9550 E-mail: mtompkins@leedsbrownlaw.com bcohen@leedsbrownlaw.com aalesandro@leedsbrownlaw.com - and - Jason P. Sultzer, Esq. Mindy Dolgoff, Esq. THE SULTZER LAW GROUP P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com dolgoffm@thesultzerlawgroup.com - and - Perry L. Segal, Esq. CHARON LAW 303 Twin Dolphin Drive, Suite 600 Redwood City, CA 94065 Telephone: (650) 542-7935 E-mail: perry.segal@charonlaw.com STORRS INSURANCE: Melgren Files TCPA Suit in E.D. Washington ------------------------------------------------------------ A class action lawsuit has been filed against Storrs Insurance Group, Inc. The case is styled as David Melgren, on behalf of himself and all others similarly situated v. Storrs Insurance Group, Inc. doing business as: The Insurance Store, Case No. 2:23-cv-00064 (E.D. Wash., March 10, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Storrs Insurance Group, Inc. doing business as The Insurance Store -- https://www.tisteam.com/ -- is an independent agency licensed in 48 states that specializes in commercial trucking, business, and personal insurance.[BN] The Plaintiff is represented by: Samuel J. Strauss, Esq. TURKE & STRAUSS LLP 936 North 34th Street, Suite 300 Seattle, WA 98103 Phone: (608) 237-1775 Email: sam@turkestrauss.com STUPP BROS: June 5 Extension to File Conditional Class Cert Sought ------------------------------------------------------------------ In the class action lawsuit captioned as ANNA STOKLOSA, Individually and on Behalf of All Others Similarly Situated, v. STUPP BROS., INC. d/b/a STUPP CORPORATION, Case No. 3:21-cv-00162-SDD-SDJ (M.D. La.), the Parties file a joint motion to extend the deadline to file for conditional class certification and issue notice to prospective class members by an additional 90 days, until June 5, 2023. The Parties previously informed the Court that they were waiting for a decision in an appeal pending in the United States Court of Appeals for the Fifth Circuit in which the WARN Act's natural disaster exemption was at issue, Easom v. US Well Services, No. 21-20202, and that once that decision was issued, they would engage in discussions regarding potential resolution of this matter. After the Easom decision was issued, the parties participated in a mediation in December 2022 with retired Judge William Morvant. While that mediation did not result in resolution, the parties believe that their discussions have moved the case closer to a resolution and the parties continue their discussions in earnest. The Defendant Stupp recently issued severance payments to certain individuals who would be included in the putative class. The parties are evaluating the effect of those payments on the putative class's claims, along with the potential addition/substitution of one or more plaintiffs to serve as representative(s) of the putative class. Stupp Bros. is a privately-owned company focused on providing infrastructure development in the United States as well as serving the St. Louis market. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3To1OTG at no extra charge.[CC] SUMMIT UTILITIES: Weyrens Suit removed to E.D. Arkansas ------------------------------------------------------- The case styled as Robert Weyrens, Beau Roberson, for themselves and all other Arkansas citizens similarly situated v. Summit Utilities Inc., Summit Utilities Arkansas Inc., Case No. 60CV-23-01571 was removed from the Pulaski County Circuit Court, to the U.S. District Court for the Eastern District of Arkansas on March 13, 2023. The District Court Clerk assigned Case No. 4:23-cv-00193-BSM to the proceeding. The nature of suit is stated Other Contract for Declaratory Judgement. Summit Utilities Inc. -- https://www.summitutilitiesinc.com/ -- owns natural gas distribution and transmission subsidiaries.[BN] The Plaintiff is represented by: James Clark Wyly, Esq. Sean Fletcher Rommel, Esq. WYLY~ROMMEL, PLLC 4004 Texas Boulevard Texarkana, TX 75503 Phone: (903) 334-8646 Fax: (903) 334-8645 Email: jwyly@wylyrommel.com srommel@wylyrommel.com - and - Philip Daniel Holland, Esq. Scott E. Poynter, Esq. POYNTER LAW GROUP 407 President Clinton Avenue, Suite 201 Little Rock, AR 72201 Phone: (501) 317-5536 Email: daniel@poynterlawgroup.com scott@poynterlawgroup.com The Defendant is represented by: Katherine Church Campbell, Esq. Marshall S. Ney, Esq. FRIDAY, ELDREDGE & CLARK, LLP 3350 South Pinnacle Hills Parkway, Suite 301 Rogers, AR 72758 Phone: (479) 695-6040 Email: kcampbell@fridayfirm.com mney@fridayfirm.com - and - Kevin A. Crass, Esq. FRIDAY, ELDREDGE & CLARK, LLP Regions Center, Suite 2000 400 West Capitol Avenue Little Rock, AR 72201-3522 Phone: (501) 370-1592 Email: crass@fridayfirm.com SUNLIGHT FINANCIAL: Rosen Law Named Lead Counsel in Fung Class Suit ------------------------------------------------------------------- In the case, KATHIE FUNG, Individually and On Behalf of All Others Similarly Situated, Plaintiff v. SUNLIGHT FINANCIAL HOLDINGS INC. f/k/a SPARTAN ACQUISITION CORP. II, GEOFFREY STRONG, MATTHEW POTERE, JAMES CROSSEN, BARRY EDINBURG, and RODNEY YODER, Defendants, Case No. 1:22-cv-10658-AKH (S.D.N.Y.), Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York appoints Plaintiff Matthew Millunchick as the Lead Plaintiff and The Rosen Law Firm, P.A., as the Lead Counsel. The securities class action was filed against the Defendants alleging violations of the federal securities laws. Pursuant to the Private Securities Litigation Reform Act of 1995 ("PSLRA"), 15 U.S.C. section 78u-4(a)(3)(A)(i), on Dec. 16, 2022, a notice was issued to potential class members of the action informing them of their right to move to serve as lead plaintiff within 60 days of the date of the issuance of said notice. On Feb. 14, 2023, Movant Millunchick timely moved the Court to appoint him as the Lead Plaintiff, and to approve his selection of Rosen Law as the Lead Counsel. Judge Hellerstein finds that the Movant has the largest financial interest in the action and prima facie satisfies the typicality and adequacy requirements of Fed. R. Civ. P. 23. See 15 U.S.C. Section 78u-4(a)(3)(B)(iii)(I). Pursuant to Section 21D(a)(3)(B) of the Exchange Act, he appoints the Movant as the Lead Plaintiff and Rosen Law as the Lead Counsel. The Lead Counsel, after being appointed by the Court, will manage the prosecution of the litigation. For the reasons stated, Judge Hellerstein denies motions to appoint Mike Margent and Jana Keaton as lead plaintiffs. The Clerk of the Court will terminate the open motions at ECF Nos. 9, 14. The motion to appoint Elizabeth Toreres as lead plaintiff was previously denied for the reasons identified at ECF No. 29. A full-text copy of the Court's March 7, 2023 Order is available at https://tinyurl.com/3b6bph56 from Leagle.com. SVB FINANCIAL: Snook Sues Over Exchange Act Violation ----------------------------------------------------- Elliot Snook, individually and on behalf of all others similarly situated v. SVB FINANCIAL GROUP, GREG W. BECKER, and DANIEL J. BECK, Case No. 3:23-cv-01173 (N.D. Cal., March 15, 2023), is brought on behalf of persons and entities that purchased or otherwise acquired SVB securities between June 16, 2021 and March 10, 2023, inclusive (the "Class Period"), and pursues claims against the Defendants under the Securities Exchange Act of 1934 (the "Exchange Act"). For reporting purposes, SVB has four reporting segments: Silicon Valley Bank (the "Bank"), SVB Private, SVB Capital, and SVB Securities. The Bank primarily services clients in the technology and life science/healthcare industries, as well as global private equity and venture capital clients. On March 8, 2023, SVB announced that it intends to raise more than $2 billion through offerings of common stock and depositary shares and that it had sold approximately $21 billion of its available-for-sale securities, which will result in an after-tax loss of roughly $1.8 billion in the first quarter of 2023. The Company had taken these actions to "strengthen its financial position" after "client cash burn remained elevated and increased further in February, resulting in lower deposits than forecasted." On this news, the Company's common share price fell $161.79, or 60.4%, to close at $106.04 per share on March 9, 2023, thereby injuring investors. On March 9, 2023, Media outlets reported that various venture capital funds had advised their portfolio companies to pull their money out of SVB accounts. In a single day, investors and depositors attempted to pull $42 billion from the Bank. The run pushed the Bank into insolvency and the Bank was placed into Federal Deposit Insurance Corporation ("FDIC") receivership on March 10, 2023. It quickly emerged that SVB's collapse was due in part to rapidly rising interest rates. Since 2021, SVB invested substantially in U.S. Treasuries and other government-sponsored debt securities. The Federal Reserve's interest rate increases "battered the tech startups and venture capital firms Silicon Valley Bank serves, sparking a faster-than-expected decline in deposits that continues to gain steam," according to media outlets. Trading of the Company's stock had been halted before the market opened on March 10, 2023, at which point it had already fallen 34% from the prior day's closing price during pre market trading. As of the filing of the complaint, trading remains halted. The Defendants made materially false and/or misleading statements, as well as failed to disclose material adverse facts about the Company's business, operations, and prospects. Specifically, Defendants failed to disclose to investors: that rising interest rates were negatively impacting the Company's investments in bonds; that, because the Company's clients were highly concentrated in the areas of tech startups and venture capital-backed companies, SVB was facing unique liquidity risks in an environment with high interest rates; that, as a result of the foregoing, SVB was reasonably likely to require additional capital; and that, as a result of the foregoing, Defendant's positive statements about the Company's business, operations, and prospects were materially misleading and/or lacked a reasonable basis, says the complaint. The Plaintiff purchased SVB securities during the Class Period. SVB is a bank holding company and financial holding company.[BN] The Plaintiff is represented by: Robert V. Prongay, Esq. Charles H. Linehan, Esq. Pavithra Rajesh, Esq. GLANCY PRONGAY & MURRAY LLP 1925 Century Park East, Suite 2100 Los Angeles, CA 90067 Phone: (310) 201-9150 Facsimile: (310) 201-9160 Email: rprongay@glancylaw.com clinehan@glancylaw.com prajesh@glancylaw.com SYNGENTA CORP: H & R Farms Antitrust Suit Transferred to M.D.N.C. ----------------------------------------------------------------- The case styled H & R FARMS II, on its own behalf and on behalf of all others similarly situated, Plaintiff v. CLASS ACTION SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION, LLC, SYNGENTA CROP PROTECTION AG, CORTEVA, INC., BASF SE, BASF CORP., and BASF AGRICULTURAL PRODUCTS GROUP, Case No. 6:23-cv-00249, was transferred from the United States District Court for the Western District of Louisiana to the United States District Court for the Middle District of North Carolina on March 10, 2023. The Clerk of Court for the Middle District of North Carolina assigned Case No. 1:23-cv-00213-TDS-JEP to the proceeding. The Plaintiff seeks to recover damages in the form of overcharges incurred due to Defendants' violations of the antitrust laws in the markets for certain pesticides. The Defendants engaged in conspiracies with distributors to illegally extend and maintain their respective monopolies with respect to certain crop protection products by entering into loyalty programs to delay generic competition, in violation of Sections 1 and 2 of the Sherman Act, says the Plaintiff. Syngenta Corp. provides crop protection chemical products and agricultural services.[BN] The Plaintiff is represented by: Warren T. Burns, Esq. BURNS CHAREST 900 Jackson St Ste 500 Dallas, TX 75202 Telephone: (469) 904-4550 E-mail: wburns@burnscharest.com - and - Amanda Kate Klevorn, Esq. Hannah Quicksell, Esq. Korey Arthur Nelson, Esq. Kyle Kilpatrick Oxford, Esq. BURNS CHAREST 365 Canal St Ste 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765 E-mail: aklevorn@burnscharest.com hquicksell@burnscharest.com knelson@burnscharest.com koxford@burnscharest.com SYNGENTA CORP: Teche Farm Antitrust Suit Transferred to M.D.N.C. ---------------------------------------------------------------- The case styled TECHE FARM SUPPLIES, on its own behalf and on behalf of all others similarly situated, Plaintiff v. SYNGENTA CORPORATION, SYNGENTA CROP PROTECTION, LLC, SYNGENTA CROP PROTECTION AG, CORTEVA, INC., BASF SE, BASF CORP., and BASF AGRICULTURAL PRODUCTS GROUP, Defendants, Case No. 6:23-cv-00267, was transferred from the United States District Court for the Western District of Louisiana to the United States District Court for the Middle District of North Carolina on March 10, 2023. The Clerk of Court for the Middle District of North Carolina assigned Case No. 1:23-cv-00214-TDS-JEP to the proceeding. The Plaintiff seeks to recover damages in the form of overcharges incurred due to Defendants' violations of the antitrust laws in the markets for certain pesticides. The Defendants engaged in conspiracies with distributors to illegally extend and maintain their respective monopolies with respect to certain crop protection products by entering into loyalty programs to delay generic competition, in violation of Sections 1 and 2 of the Sherman Act, says the Plaintiff. Syngenta Corp. provides crop protection chemical products and agricultural services.[BN] The Plaintiff is represented by: Korey Arthur Nelson, Esq. AMANDA KATE KLEVORN, Esq. Hannah Quicksell, Esq. Kyle Kilpatrick Oxford, Esq. BURNS CHAREST 365 Canal St Ste 1170 New Orleans, LA 70130 Telephone: (504) 799-2845 Facsimile: (504) 881-1765 E-mail: knelson@burnscharest.com aklevorn@burnscharest.com hquicksell@burnscharest.com koxford@burnscharest.com TCP HOT: Delcid Seeks Final Approval of Class Settlement -------------------------------------------------------- In the class action lawsuit captioned as OTTO DELCID, LUZ ROMAN, MINA KALLAMNI, MARY MOLINA, CARLO GARCIA, and ANDREA FAHEY on behalf of themselves and all others similarly situated, v. TCP HOT ACQUISITION LLC and IDELLE LABS, LTD, Case No. 1:21-cv-09616-DLC (S.D.N.Y.), the Plaintiffs ask the Court to enter an order: (1) confirming his appointment as the class representative for the Class; (2) confirming appointment of Class Counsel; (3) confirming and making final the Court's certification of the Class for settlement purposes only; and (4) granting final approval of the Settlement. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3yO3yw8 at no extra charge.[CC] The Plaintiffs are represented by: Jason P. Sultzer, Esq. Philip Furia, Esq. Mindy Dolgoff, Esq. THE SULTZER LAW GROUP, P.C. 85 Civic Center Plaza, Suite 200 Poughkeepsie, NY 12601 Telephone: (845) 483-7100 Facsimile: (888) 749-7747 E-mail: sultzerj@thesultzerlawgroup.com furiap@thesultzerlawgroup.com dolgoffm@thesultzerlawgroup.com - and - Charles E. Schaffer, Esq.* David C. Magagna Jr., Esq.* LEVIN SEDRAN & BERMAN 510 Walnut Street, Suite 500 Philadelphia, PA 19106 Telephone: (215) 592-1500 Facsimile: (215) 592-4663 E-mail: cschaffer@lfsblaw.com dmagagna@lfsblaw.com - and - Max S. Roberts, Esq. Sarah N. Westcot, Esq.* BURSOR & FISHER, P.A. 888 Seventh Avenue New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 E-mail: mroberts@bursor.com swestcot@bursor.com - and - Nick Suciu, III, Esq. Jennifer Czeisler, Esq. Virginia Ann Whitener, Esq. Russell Busch, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN PLLC 6905 Telegraph Rd., Suite 115 Bloomfield Hills, MI 48301 Telephone: (313) 303-3472 Facsimile: (865) 522-0049 E-mail: nsuciu@milberg.com jczeisler@milberg.com gwhitener@milberg.com rbusch@milberg.com TD BANK: Filing of Class Certification Bid Due April 26 ------------------------------------------------------- In the class action lawsuit captioned as KYLE BURNS, RUBY HAYES, JASMINE NORVILLE, and LISA RODRIGUEZ, on behalf of themselves and all others similarly situated, v. TD BANK, N.A., Case No. 1:21-cv-18194-KMW-AMD (D.N.J.), the Hon. Judge Ann Marie Donio entered an order as follows: 1. The time within which to file a motion to amend the pleadings or a motion to join new parties will expire on June 2, 2023. 2. The Court will conduct a telephone status conference on June 13, 2023 at 2:30 P.M. 3. Pretrial factual discovery as to merit and class certification shall be concluded by November 30, 2023. 4. Depositions. All depositions are to be conducted in accordance with the procedures set forth in the order of Judge Gawthrop, in Hall v. Clifton Precision, 150 F.R.D. 525 (E.D. Pa. 1993). 5. All rebuttal expert reports and expert disclosures as to class certification and liability pursuant to FED. R. CIV. P. 26(a)(2) on behalf of the Defendant shall be served not later than February 20, 2024. 7. Dispositive motions and motions as to class certification shall be filed with the Clerk of the Court no later than April 26, 2024. 8. Any application for an extension of time beyond the deadlines set herein shall be made prior to expiration of the period sought to be extended and shall disclose in the application all such extensions previously obtained, the precise reasons necessitating the application showing good cause under FED. R. CIV. P. 16(b), and whether adversary counsel agree with the application. TD Bank provides banking services. The Company offers online banking, mortgages, loans, insurance, and investment management services. A copy of the Court's order dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3ZhRoGR at no extra charge.[CC] TEACHERS INVESTMENT: Haley Seeks to Seal Noteware Declaration -------------------------------------------------------------- In the class action lawsuit captioned as Haley v. Teachers Investment and Annuity Association of America, Case No. 1:17-cv-00855-JPO-RWL (S.D.N.Y.), the Plaintiffs request leave to file under seal the Declaration of Ellen T. Noteware in Support of the Plaintiffs' Supplemental Brief in Support of Class Certification. The Plaintiffs take no position at this time on the Defendant's confidential designations with respect to these documents but reserve the right to challenge such confidentiality designations at a later time. Teachers Insurance provides banking services. The Company offers savings, cash management, and retirement plans. A copy of the the Plaintiffs' motion dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3LGUf8S at no extra charge.[CC] The Plaintiff is represented by: Ellen T. Noteware, Esq. BERGER MONTAGUE 1818 Market Street, Suite 3600 Philadelphia, PA 19103 Telephone: (215) 875-3000 E-mail: enoteware@bm.net TEN BRIDGES: Taie, et al., File Bid for Class Certification ----------------------------------------------------------- In the class action lawsuit captioned as MARY TAIE, an individual; MOYRA COOP, an individual; and WILLIAM GROVES, an individual, on behalf of themselves and as representatives of similarly situated persons, v. TEN BRIDGES LLC, an Oregon Limited Liability Company; DEMIAN HEALD, an individual; and the marital community comprised of DEMIAN HEALD and DOE HEALD, Case No. 2:21-cv-00526-JCC (W.D. Wash.), the Plaintiffs ask the Court to enter an order certifying the following class: "All persons who assigned to Ten Bridges LLC his/her/their/ right to receive surplus proceeds from a lien foreclosure sale which were at any time on deposit with a Washington State Superior Court Clerk and who received less than 95% of the value of the surplus proceeds, where Ten Bridges obtained the surplus proceeds from the Superior Court Clerk and/or Superior Court Registry in reliance on the assignment, from and after the date four years prior to the date this action was filed." The Plaintiffs and putative Class members entered into agreements with Ten Bridges that were illegal and void when made under RCW 63.29.350. Ten Bridges used void deeds that memorialized the agreements to acquire these persons' surplus proceeds on deposit in Washington superior court registries from judicial foreclosure sales of those persons' real properties. The Plaintiffs are adult siblings Mary Taie, Moyra Coop, and William Groves. Declaration of Guy W. Beckett in Support of Motion for Class Certification. Their father, Clifford Groves, died intestate in 2010. Id. At the time of his death, Mr. Groves owned his home in Shoreline, Washington (the "property"). An action to foreclose the deed of trust encumbering the property was filed in 2014 in King County Superior Court. Ten Bridges is a real estate investment and development firm. A copy of the the Plaintiffs' motion dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3Jy0jxI at no extra charge.[CC] The Plaintiffs are represented by: Guy W. Beckett, Esq. BERRY & BECKETT, PLLP 1708 Bellevue Avenue Seattle, WA 98122 Telephone: (206) 441-5444 Facsimile: (206) 838-6346 E-mail: gbeckett@beckettlaw.com - and - C. Chip Goss, Esq. GOSS LAW PLLC 3614A California Ave. SW No.246 Seattle, WA 98116 Telephone: (206) 420-1196 E-mail: Chip@ChipGossLaw.com TEP ROCKY: March 28 Extension for JPR to Submit Response Sought --------------------------------------------------------------- In the class action lawsuit captioned as JOLLEY POTTER RANCHES ENERGY CO. LLC, on behalf of itself and all others similarly situated, v. TEP ROCKY MOUNTAIN LLC, Case No. 1:19-cv-00495-DDD-GPG (D. Colo.), the Parties jointly move for a two-week extension of time for JOLLEY POTTER RANCHES ENERGY CO. LLC (JPR) to submit its response to the Defendant's Objections to the Magistrate's Recommendations and for TEP to submit its response to the Plaintiff's Objections to the Magistrate's Recommendation, to and including March 28, 2023. On February 14, 2023, the Magistrate Judge issued the Recommendation on JPR's Motion for Class Certification. Both parties filed Objections to the Recommendation on February 28, 2023. Pursuant to Fed. R. Civ. P. 72(b)(2) the current deadline for the parties to submit their respective responses to the Objections is March 14, 2023. Given the substance of the Objections, as well as competing deadlines in a state court matter between the parties, a two-week extension of time would allow the parties to adequately address all the arguments in the Objections. The Parties agree that extending the deadline to file their responses to the Objections will not result in any prejudice to either party. TEP Rocky is a private exploration and production company that operates the piceance basin assets acquired by Terra Energy Partners. A copy of the the Parties' motion dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3JyAXzJ at no extra charge.[CC] The Plaintiff is represented by: Nathan A. Keever, Esq. DUFFORD, WALDECK, MILBURN & KROHN, LLP 744 Horizon Court, Suite 300 Grand Junction, CO 81506 Telephone: (970) 241-5500 E-mail: keever@dwmk.com - and - George R. Miller, Esq. G.R. MILLER, P.C. 534 Main Avenue Durango, CO 81301 Telephone: (970) 247-1113 E_mail: bob@grmillerlaw.com The Defendant is represented by: John F. Shepherd, Esq. Christopher A. Chrisman, Esq. Michelle R. Seares, Esq. HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, CO 80201-8749 Telephone: (303) 295-8000 E-mail: jshepherd@hollandhart.com cachrisman@hollandhart.com mrseares@hollandhart.com TRACY RENEWABLE ENERGY: Coronado Files Suit in Cal. Super. Ct. -------------------------------------------------------------- A class action lawsuit has been filed against Tracy Renewable Energy, LLC. The case is styled as Fidel Coronado, individually, and on behalf of all others similarly situated v. Tracy Renewable Energy, LLC, Case No. STK-CV-UOE-2023-0002577 (Cal. Super. Ct., San Joaquin Cty., March 16, 2023). The case type is stated as "Unlimited Civil Other Employment." Tracy Renewable Energy -- http://cstgreen.com/-- engages in installing water cleaning systems.[BN] TRAEGER PELLET: Yates, Jones Seek to Seal Portions of Reply ----------------------------------------------------------- In the class action lawsuit captioned as MICHAEL YATES, individually and on behalf of all others similarly situated; and NORMAN JONES, individually and on behalf of all other similarly situated, v. TRAEGER PELLET GRILLS, LLC, a Delaware limited liability company, Case No. 2:19-cv-00723-BSJ (D. Utah), the Plaintiffs ask the Court to enter an order sealing portions of their reply in support of amended motion for class certification, based on confidentiality designations made pursuant to the Court's Standard Protective Order as adopted in DUCivR 26-2 and applied to this case. Local Rule DUCivR 5-3 provides that a party may request, by motion, an order authorizing the sealing of part or all of a document that is to be filed with the Court. Traeger Pellet retails cooking equipment. The Company offers a range of grills, pellets, sauces, rubs, shakes, and accessories. A copy of the Plaintiffs' motion dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3YRr71P at no extra charge.[CC] The Plaintiffs are represented by: Jared D. Scott, Esq. Jacob W. Nelson, Esq. ANDERSON & KARRENBERG 50 West Broadway, No. 600 Salt Lake City, UT 84101-2035 Telephone: (801) 534-1700 E-mail: jscott@aklawfirm.com jnelson@aklawfirm.com - and - Karl S. Kronenberger, Esq. Jeffrey M. Rosenfeld, Esq. Liana W. Chen, Esq. KRONENBERGER ROSENFELD, LLP 150 Post Street, Suite 520 San Francisco, CA 94108 Telephone: (415) 955-1155 E-mail: karl@kr.law jeff@kr.law liana@kr.law TRAFFIC MANAGEMENT: Rosales Files Suit in Cal. Super. Ct. --------------------------------------------------------- A class action lawsuit has been filed against Traffic Management, Inc., et al. The case is styled as Terry James Rosales, and on behalf of all others similarly situated v. Traffic Management, Inc., Does 1-10, Case No. 34-2023-00336273-CU-OE-GDS (Cal. Super. Ct., Sacramento Cty., March 15, 2023). The case type is stated as "Other Employment - Civil Unlimited." Traffic Management, Inc. -- https://www.trafficmanagement.com/ -- is a Construction, Building Material, and Traffic Control Services company located in Signal Hill, California.[BN] The Plaintiff is represented by: Kane Moon, Esq. MOON & YANG, APC 1055 W 7th St., Ste. 1880 Los Angeles, CA 90017-2529 Phone: 213-232-3128 Fax: 213-232-3125 Email: kane.moon@moonyanglaw.com TRANS UNION: Case Deadlines Stayed Pending Coffey Suit Ruling ------------------------------------------------------------- In the class action lawsuit captioned as KEITH THOMPSON, v. TRANS UNION, LLC, Case No. 3:22-cv-00584-CRS-CHL (W.D. Ky.), the Hon. Judge Colin H. Lindsay entered an order staying all discovery and remaining case deadlines pending a ruling on class-certification in Jordan Coffey v. Equifax Information Services, LLC, Case No. 5:22-cv-00271. The Court construes the stipulation as a joint motion to stay all discovery and remaining deadlines pending the resolution of a related action not before this Court. In support of the motion, the Parties state that the discovery taken in a class action lawsuit pending before the Eastern District of Kentucky, Jordan Coffey v. Equifax Information Services, LLC, Case No. 5:22-cv-002671, can be utilized to reduce duplicative discovery in the instant action. Thus, the Parties request a stay in the instant action pending a ruling on plaintiff's class-certification motion in Jordan. The Court will grant the Parties' request, though cautions the Parties that the Court will not indefinitely allow a separate action to control progress in this case and may reconsider the propriety of the stay as it deems appropriate. TransUnion is an American consumer credit reporting agency. A copy of the Court's order dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3LEm8OT at no extra charge.[CC] TRILOGY HEALTH: Santiago Sues Over Failure to Pay Overtime Wages ---------------------------------------------------------------- Erika Santiago, on behalf of herself and others similarly situated v. TRILOGY HEALTH SERVICES, LLC, Case No. 2:23-cv-00976-SDM-CMV (S.D. Ohio, March 15, 2023), is brought against the Defendant for its collective failure to pay employees overtime wages, seeking all available relief under the Fair Labor Standards Act of 1938 ("FLSA"); O.R.C. ("the Ohio Wage Act"); and the Ohio Prompt Pay Act ("OPPA"). The Plaintiff and other similarly situated direct care employees worked more than 40 hours in one or more workweek(s). During their employment with Defendant, the Plaintiff and other similarly direct care situated employees were not fully and properly paid for all overtime wages because the Defendant required a 30-minute meal break to be deducted from their compensable hours worked even when The Plaintiff and other similarly situated direct care employees were unable to take a full, uninterrupted bona fide meal break of 30 minutes. Although the Defendant required the deduction of a daily 30-minute meal break, the Plaintiff and other similarly situated direct care employees were often unable to take a full, uninterrupted bona fide meal break of 30 minutes because they did not receive any break or their break was otherwise shortened interrupted by substantive job duties, says the complaint. The Plaintiff was employed by the Defendant from March 17, 2020 until December 17, 2021 as an hourly State Tested Nursing Assistant ("STNA") and as a Licensed Practical Nurse ("LPN"). Trilogy Health Services, LLC is a foreign limited liability company that operates and conducts substantial business activities in Ohio, including in the Southern District of Ohio.[BN] The Plaintiff is represented by: Matthew J.P. Coffman, Esq. Adam C. Gedling, Esq. Kelsie N. Hendren, Esq. Tristan T. Akers, Esq. COFFMAN LEGAL, LLC 1550 Old Henderson Rd., Suite #126 Columbus, OH 43220 Phone: 614-949-1181 Fax: 614-386-9964 Email: mcoffman@mcoffmanlegal.com agedling@mcoffmanlegal.com khendren@mcoffmanlegal.com TRIPLE CANOPY: Buckner Files Suit in Cal. Super. Ct. ---------------------------------------------------- A class action lawsuit has been filed against Triple Canopy, Inc., et al. The case is styled as Tanisha Buckner, Carlos Collier, Ben Docena, Gene Sunshine, Benjamin Woods, individually and on behalf of all similarly situated individuals v. Triple Canopy, Inc., Does 1 to 100, inclusive, Case No. CGC23604164 (Cal. Super. Ct., San Francisco Cty., Jan. 23, 2023). The case type is stated as "Other Non-Exempt Complaints." Triple Canopy, Inc. -- http://www.constellis.com/-- is an American private security company that provides integrated security, mission support and risk management services to corporate, government and nonprofit clients.[BN] The Plaintiff is represented by: Adam Rose, Esq. ROSE LAW FIRM, P.C. 5200 Meadows Rd., Suite 150 Lake Oswego, OR Phone: 503.278.7618 Email: arose@rose-law.com TUFIN SOFTWARE: Parties Seek 30-Day Extension to Case Deadlines --------------------------------------------------------------- In the class action lawsuit RE: TUFIN SOFTWARE TECHNOLOGIES LTD. SECURITIES LITIGATION, Case No. 1:20-cv-05646-GHW (S.D.N.Y.), the Parties ask the Court to enter an order granting a 30-day extension to all outstanding deadlines in this matter in light of their agreement to engage in a private mediation at the end of this month. The Parties have been working diligently to meet all discovery deadlines in the Amended Case Management Plan and Scheduling Order dated August 1, 2023, as well as the deadlines for briefing on the Plaintiffs' motion for class certification set forth in the Court's January 17, 2023 scheduling order. Simultaneously, the parties have continued to engage in settlement discussions and recently agreed to participate in a second mediation session, currently scheduled to be held on March 29, 2023. -- The deadline to complete fact discovery be extended from May 12, 2023 until June 12, 2023, with corresponding adjustments to all other outstanding deadlines in the Amended Case Management Plan. -- The deadline for the Defendants to file their opposition to the Plaintiffs' motion for class certification be extended from March 20, 2023 until April 19, 2023, with the Plaintiffs' reply, if any, to be due within 14 days after service of the Defendants' opposition. Tufin is a security policy management company specializing in the automation of security policy changes across hybrid platforms while improving security and compliance. A copy of the Parties' motion dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3JDRmmS at no extra charge.[CC] The Plaintiffs are represented by: Patrick V. Dahlstrom, Esq. Christopher P.T. Tourek, Esq. POMERANTZ LLP 10 South LaSalle Street, Suite 3505 Chicago, IL 60603 Telephone: (312) 377-1181 Facsimile: (312) 377-1184 E-mail: pdahlstrom@pomlaw.com ctourek@pomlaw.com - and - Phillip Kim, Esq. Laurence M. Rosen, Esq. Brent LaPointe, Esq. THE ROSEN LAW FIRM, P.A. 275 Madison Avenue, 40th Floor New York, NY 10016 Telephone: (212) 686-1060 Facsimile: (212) 202-3827 E-mail: pkim@rosenlegal.com lrosen@rosenlegal.com blapointe@rosenlegal.com - and - Nicholas I. Porritt, Esq. Adam M. Apton, Esq. LEVI & KORSINSKY, LLP 55 Broadway, 10th Floor New York, NY 10006 Telephone: (212) 363-7500 E-mail: nporritt@zlk.com aapton@zlk.com The Defendant is represented by: Glenn M. Kurtz, Esq. Kim A. Havlin, Esq. Susan L. Grace, Esq. WHITE & CASE LLP 1221 Avenue of the Americas New York, NY 10020 Telephone: (212) 819-8200 E-mail: gkurtz@whitecase.com kim.havlin@whitecase.com susan.grace@whitecase.com TUFINA LLC: Toro Files ADA Suit in S.D. New York ------------------------------------------------ A class action lawsuit has been filed against Tufina, LLC. The case is styled as Jasmine Toro, on behalf of herself and all others similarly situated v. Tufina, LLC, Case No. 1:23-cv-02278 (S.D.N.Y., March 8, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Tufina, LLC -- https://tufinawatches.com/ -- offers German watch brands and hand-assembled wristwatches.[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 UMPQUA BANK: Camenisch, et al., File Class Certification Bid ------------------------------------------------------------ In the class action lawsuit captioned as SHELA CAMENISCH, et al., v. UMPQUA BANK, Case No. 3:20-cv-05905-RS (N.D. Cal.), the Plaintiffs ask the Court to enter an order certifying their aiding-and-abetting claims against Umpqua bank for class treatment under Rule 12 23(b)(3) of the Federal Rules of Civil Procedure. The Plaintiffs will and move the Court for an order certifying the following class pursuant to Rule 23(a) and Rule 23(b)(3) of the Federal Rules of Civil Procedure: "All persons who invested money with Professional Financial Investors, Inc. (PFI) or Professional Investors Security Fund, Inc. (PISF) through secured or unsecured debt instruments or an LLC membership purchase agreement; who did not recover the principal amount of their investment prior to July 14, 2020; and who have a valid, allowed claim in In re Professional Financial Investors, Inc., Case No. 20-bk- 30604 (Bankr. N.D. Cal.) or any of its affiliated debtor bankruptcy cases, jointly administered under Case No. 20-bk- 30604." The Plaintiffs further request that, in connection with granting class certification, the Court appoint Shela Camenisch, Dale Dean, Luna Baron and Eva King as class representatives, and appoint Michael Schrag and Linda Lam of Gibbs Law Group LLP and Scott Silver of Silver Law Group as co-lead class counsel pursuant to Rule 23(g). When Ken Casey died in May 2020 and his Ponzi scheme immediately unraveled, his victims couldn't believe he had managed to keep the scheme going for more than a decade without outside help. There was nothing particularly clever or original about Casey's scheme, which was run through two real estate investment companies called PFI and PISF. As soon as someone other than Casey, his partner Lewis Wallach, or his bankers took a look at the companies' bank accounts, it was obvious PFI and PISF were operating at a massive deficit and surviving only by continually raising new investor money to pay existing investors. For years, PFI and PISF ran a massive Ponzi scheme through the Novato branch of Umpqua Bank, ultimately costing investors more than $300 million. Umpqua maintains its employees never realized what was going on and so the bank cannot be held liable for aiding and abetting. The evidence suggests otherwise, but what matters most for purposes of the present motion is that the central issue of Umpqua's knowledge is a common issue that can and should be resolved for all Ponzi scheme victims through a single, classwide trial. The alternative is a series of individual investor trials that would waste judicial resources and create a risk of inconsistent judgments. The Plaintiffs now seek to present evidence of Umpqua's complicity to a jury through a single, classwide trial. That trial will focus almost exclusively on the question of whether Umpqua did in fact know PFI and PISF were using new investor money to pay existing investors and personally enrich Casey and Wallach. Umpqua Bank is a publicly traded financial holdings company. A copy of the the Plaintiffs' motion to certify class dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3LzsH5d at no extra charge.[CC] The Plaintiffs are represented by: Michael L. Schrag, Esq. Linda P. Lam, Esq. Geoffrey A. Munroe, Esq. Amy M. Zeman, Esq. GIBBS LAW GROUP LLP 1111 Broadway, Suite 2100 Oakland, CA 94607 Telephone: (510) 350-9700 Facsimile: (510) 350-9701 E-mail: mls@classlawgroup.com lpl@classlawgroup.com gam@classlawgroup.com amz@classlawgroup.com - and - Scott L. Silver, Esq. Ryan A. Schwamm, Esq. SILVER LAW GROUP 11780 W. Sample Road Coral Springs, FL 33065 Telephone: (954) 755-4799 Facsimile: (954) 755-4684 E-mail: ssilver@silverlaw.com rschwamm@silverlaw.com UNITED PROPERTY & CASUALTY: Beisert Files Suit in S.D. Texas ------------------------------------------------------------ A class action lawsuit has been filed against United Property & Casualty Insurance Company. The case is styled as Maria Beisert, Patrick Beisert, individually and on behalf of others similarly situated v. United Property & Casualty Insurance Company, Case No. 3:23-cv-00026 (S.D. Tex., Jan. 30, 2023). The nature of suit is stated as Insurance for Breach of Contract. United Property & Casualty Insurance Company, Inc. -- https://www.upcinsurance.com/ -- is an American property and casualty insurance company with headquarters in Florida.[BN] The Plaintiffs are represented by: Thomas Joseph Snodgrass, Esq. SNODGRASS LAW LLC 100 South Fifth Street, Suite 800 Minneapolis, MN 55402 Phone: (612) 488-2600 Email: jsnodgrass@snodgrass-law.com - and - James Brandon McWherter, Esq. MCWHERTER SCOTT BOBBITT PLC 341 Cool Springs Blvd., Suite 230 Franklin, TN 37067 Phone: (615) 354-1144 Fax: (731) 664-1540 Email: brandon@msb.law - and - Shaun Wesley Hodge, Esq. HODGE LAW FIRM PLLC 1301 Market St The Historic Runge House Galveston, TX 77550 Phone: (409) 762-5000 Fax: (409) 763-2300 Email: shodge@hodgefirm.com UNITED STATES: Rud, et al., Seek to Certify Two Classes ------------------------------------------------------- In the class action lawsuit captioned as James John Rud, and Brian Keith Hausfeld, on behalf of themselves and all other similarly situated, v. Nancy Johnston, Executive Director, Minnesota Sex Offender Program; and Jodi Harpstead, Department of Human Services Commissioner, in their official capacities, Case No. 0:23-cv-00486-JRT-LIB (D. Minn.), the Plaintiff asks the Court to enter an order: 1. Certifying the following classes pursuant to Fed R. Civ. P. 23(b): -- The Awaiting Transfer Class "All patients committed to the Minnesota Sex Offender Program who have received transfer orders to less restrictive facilities but who have yet to be transferred." and -- The Delayed Transfer Class "All patients committed to the Minnesota Sex Offender Program who have received transfer orders to less restrictive facilities and who were transferred, but whose transfer was delayed;" 2. Appointing the named Plaintiffs as representatives of the respective Classes; and 3. Appointing Daniel E. Gustafson and Gustafson Gluek as class counsel pursuant to Fed. R. Civ. P. 23(g). A copy of the Plaintiffs' motion to certify classes dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3Jo2Cn4 at no extra charge.[CC] The Plaintiffs are represented by: Daniel E. Gustafson, Esq. David A. Goodwin, Esq. Anthony J. Stauber, Esq. Joseph E. Nelson, Esq. GUSTAFSON GLUEK PLLC Canadian Pacific Plaza 120 South Sixth Street, Suite 2600 Minneapolis, Minnesota 55402 Telephone: (612) 333-8844 Facsimile: (612) 339-6622 E-mail: dgustafson@gustafsongluek.com dgoodwin@gustafsongluek.com tstabuer@gustafsongluek.com jnelson@gustafsongluek.com UPPER PENINSULA: Rudden Files Suit in W.D. Michigan --------------------------------------------------- A class action lawsuit has been filed against Upper Peninsula Power Company. The case is styled as Alisha Rudden, on behalf of herself and all others similarly situated v. Upper Peninsula Power Company, Case No. 2:23-cv-00012-JMB-MV (W.D. Mich., Jan. 23, 2023). The nature of suit is stated as Other Contract for the Federal Trade Commission Act. The Upper Peninsula Power Company -- http://www.uppco.com/-- is an electrical power utility provider headquartered in Marquette, Michigan with service centers in Escanaba, Houghton, Iron River, Ishpeming, Munising and Ontonagon.[BN] The Plaintiff is represented by: Gary M. Klinger, Esq. MASON LIETZ & KLINGER LLP - CHICAGO, IL 227 W Monroe St., Ste. 2100 Chicago, IL 60606 Phone: (866) 252-0878 Email: gklinger@milberg.com - and - Nick Suciu III, Esq. MILBERG COLEMAN BRYSON PHILLIPS GROSSMAN, PLLC (MI) 6905 Telegraph Rd., Ste. 115 Bloomfield Hills, MI 48301 Phone: (313) 303-3472 Email: nsuciu@milberg.com USAA GENERAL: Court Dismisses Drozdz & Vest's Claims With Prejudice ------------------------------------------------------------------- In the case, AGATA DROZDZ, an individual and TEAKRE VEST, an individual, Plaintiffs v. USAA GENERAL INDEMNITY COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA CASUALTY INSURANCE COMPANY, Defendants, Case No. 2:20-cv-01010-JHC (W.D. Wash.), Judge John H. Chun of the U.S. District Court for the Western District of Washington dismisses with prejudice the named Plaintiffs' claims. The Plaintiffs filed the proposed class action in King County Superior Court on March 5, 2020. The Defendants removed the case to this Court on June 29, 2020. Over the past two and a half years, the parties have engaged in extensive discovery. On Feb. 1, 2023, the Court stayed the action for 30 days to give the parties additional time to assess the strengths and weaknesses of their claims and defenses and engage in settlement discussions. The parties have agreed to resolve the matter without further litigation. They jointly request that the claims of Plaintiffs Drozdz and Vest be dismissed, with prejudice, with each party to bear their own costs and fees. No motion for class certification has been filed; the Court has not entered any order on class certification; and as a result, no class has been certified in the action. Accordingly, no notice to the putative class is required under Rule 23(e), and the dismissal is without prejudice to the claims of the putative class members, other than the Plaintiffs' claims. Judge Chun grants the parties' stipulation. He dismisses with prejudice to the claims of Drozdz and Vest and without prejudice to the claims of the remaining putative class members. A full-text copy of the Court's March 7, 2023 Order is available at https://tinyurl.com/2p25wevj from Leagle.com. TERRELL MARSHALL LAW GROUP PLLC Toby J. Marshall -- tmarshall@terrellmarshall.com -- Blythe H. Chandler -- bchandler@terrellmarshall.com -- Seattle, Washington, Young-Ji Ham -- youngji@washinjurylaw.com -- WASHINGTON INJURY LAWYERS PLLC, Seattle, Washington, Attorneys for the Plaintiffs. Jay Williams -- jay.williams@afslaw.com -- Admitted Pro Hac Vice Paula M. Ketcham -- paula.ketcham@afslaw.com -- Admitted Pro Hac Vice ARENTFOX SCHIFF LLP, Chicago, IL, CORR CRONIN LLP Michael A Moore -- mmoore@corrcronin.com -- Seattle, Washington, Attorneys for the Defendants. USAA GENERAL: Dismissal of Drozdz Class Action Sought ----------------------------------------------------- In the class action lawsuit captioned as AGATA DROZDZ, an individual and TEAKRE VEST, an individual, v. USAA GENERAL INDEMNITY COMPANY, UNITED SERVICES AUTOMOBILE ASSOCIATION and USAA CASUALTY INSURANCE COMPANY,Case No. 2:20-cv-01010-JHC (W.D. Wash.), the Plaintiffs Agata Drozdz and Teakre Vest and Defendants USAA General Indemnity Company, United Services Automobile Association, and USAA Casualty Insurance Company jointly move the Court to enter an order granting stipulated motion and order of dismissal. The Plaintiffs filed this proposed class action in King County Superior Court on March 5, 2020. Th Defendants removed the case to this Court on June 29, 2020. Over the past two and a half years, the parties have engaged in extensive discovery, including the production and review of thousands of pages of documents and millions of rows of data and the taking of several depositions. On February 1, 2023, the Court stayed this action for 30 days to give the parties additional time to assess the strengths and weaknesses of their claims and defenses and engage in settlement discussions. USAA General operates as an insurance firm. The Company offers property and casualty insurance services. A copy of the Court's order dated Mar. 7, 2023 is available from PacerMonitor.com at https://bit.ly/3TmcySJ at no extra charge.[CC] The Plaintiff is represented by: Toby J. Marshall, Esq. Blythe H. Chandler, Esq. TERRELL MARSHALL LAW GROUP PLLC 936 North 34th Street, Suite 300 Seattle, WA 98103 Telephone: (206) 816Ͳ6603 Facsimile: (206) 319Ͳ5450 E-mail: tmarshall@terrellmarshall.com bchandler@terrellmarshall.com - and - YoungͲJi Ham, Esq. WASHINGTON INJURY LAWYERS PLLC 1700 7th Avenue, Suite 2100 Seattle, WA 98101 Telephone: (425) 312Ͳ3057 Email: youngji@washinjurylaw.com The Defendant is represented by: Jay Williams, Esq. Paula M. Ketcham, Esq. ARENTFOX SCHIFF LLP 233 South Wacker Drive, Suite 7100 Chicago, IL 60606 Telephone: (312) 258Ͳ5629 Facsimile: (312) 258Ͳ5600 E-mail: jay.williams@afslaw.com paula.ketcham@afslaw.com - and - Michael A Moore, Esq. CORR CRONIN LLP 1001 4th Avenue, Suite 3900 Seattle, WA 98154Ͳ1051 Telephone: (206) 625Ͳ8600 Facsimile: (206) 625Ͳ0900 E-mail: mmoore@corrcronin.com VOLKSWAGEN GROUP: Steinhardt Sues Over Defective Alternator ----------------------------------------------------------- Jason Steinhardt, on behalf of himself and all others similarly situated v. Volkswagen Group of America, Inc., Audi of America, LLC, Case No. MER-L-000501-23 (N.J. Super. Ct., Mercer Cty., March 15, 2023), is brought against the Defendants by the Plaintiff on behalf of himself and a class of current and former owners and lessees of 2018-2023 Audi A6, A7, A8, and Q7 vehicles; 2018 and 2020-2023 Audi S6, S7, S8, and R8 vehicles; 2018 and 2021-2023 Audi RS 7 vehicles; 2019-2023 Audi Q8 vehicles; 2020-2023 Audi A6 allroad, SQ7, SQ8, and RS Q8 vehicles; 2020-2021 Audi A8 e quattro vehicles; and 2021-2023 Audi A7 e quattro vehicles (collectively, the "Class Vehicles"), which suffer from a serious alternator defect that causes the vehicle to shut down while in operation and/or fail to start. Specifically, due to the defective alternators, which are responsible for providing electricity to charge the battery and power electrical systems, the Class Vehicles experience electrical malfunction, causing dashboard warning lights to illuminate and the vehicle to become inoperable (the "Alternator Defect" or "Defect"), often while the vehicle is in motion. The Defect renders the vehicles inoperable when it manifests and requires replacement of the alternator. The Defect often manifests while the car is being driven, creating a significant safety hazard. When this happens, the alternator warning light illuminates and various electrical systems malfunction, including the vehicle's power braking and power steering. The Defect can also cause Class Vehicles to stall while in operation. This presents a significant safety hazard. Many owners and lessees have reported that their Class Vehicles stalled while in operation on busy streets, highways, and bridges. Additionally, even though most of the Class Vehicles are under warranty, Defendants have been unable to provide replacements within a reasonable time because the defect is so pervasive that there is a long backorder on replacement alternators, often leaving owners and lessees without use of their Class Vehicles for months. Since Dealerships often do not have loaner vehicles available, many owners and lessees have to pay thousands of dollars out of pocket for rental cars or other alternative means of transportation. Because the Alternator Defect makes Class Vehicles unreliable and renders them inoperable when it manifests, it affects their central functionality. The Defendants are aware of the Alternator Defect but have failed to provide adequate repairs and have continually sold the Class Vehicles without disclosing this known defect to purchasers. The Defendants have been aware of the Defect for years, as evidenced by several manufacturer communications and technical service bulletins ("TSBs") and large numbers of owners and lessees who have complained about this Defect dating back to at least 2018, including when consumers brought their Class Vehicles to Defendants' authorized dealers for repairs. Despite Defendants' knowledge of the Defect, which renders the Class Vehicles hazardous and unsuitable for their intended purpose, they have failed to provide adequate repairs and have also failed to disclose the Defect to unsuspecting purchasers and lessees. Due to the undisclosed Alternator Defect, Plaintiff and Class Members were deprived of the benefit of their bargain in purchasing or leasing their Audi vehicles. These customers continue to have to live with the risks of their vehicles stalling in the middle of traffic, potential alternator failure, costly replacements, loss of use of their Class Vehicles, out of pocket expenses for rental cars, alternative transportation, towing services, and diminution of value of their vehicles. Plaintiff accordingly seeks relief both for himself and for other current and former owners or lessees of these Class Vehicles, says the complaint. The Plaintiff purchased a new 2021 Audi Q8 from Criswell Audi, which is an authorized Audi dealership located in Annapolis, Maryland. Volkswagen and Audi are engaged in the business of designing, manufacturing, warranting, marketing, advertising, and selling vehicles, including the Class Vehicles.[BN] The Plaintiff is represented by: J. Llewellyn Mathews, Esq. 13 Garden Street Mount Holly, NJ 08060 Phone: (609) 519-7744 Email: jlmathews@jlmesq.com - and - Timothy N. Mathews, Esq. Alex M. Kashurba, Esq. CHIMICLES SCHWARTZ KRINER & DONALDSON SMITH LLP 361 W. Lancaster Avenue Haverford, PA 19041 WAL-MART ASSOCIATES: April 21 Opposition to Class Cert Bid Sought ----------------------------------------------------------------- In the class action lawsuit captioned as CHRISTOPHER NELSON, on behalf of himself and all others similarly situated, v. WAL-MART ASSOCIATES, INC. and DOES 1 through 50, inclusive, Case No. 3:21-cv-00066-MMD-CLB (D. Nev.), the Parties request that the Court extend the briefing deadlines for the Defendant's Opposition to the Plaintiff's Fed. R. Civ. P. Rule 23 Class Certification Motion as well as the Plaintiff's Reply deadline. Specifically, the parties request that the Defendant's Opposition be due on April 21, 2023 and the Plaintiff's Reply on June 20, 2023. The parties previously requested a stay of this matter for one 120 days so that the parties could focus their collective, good-faith efforts on exploring resolution. The parties also requested to stay the remaining briefing schedule on the Plaintiff's Fed. R. Civ. P. Rule 23 Class Certification Motion for the same period of time. On October 21, 2022, the Court issued a Minute Order granting, in part, the stay through February 20, 2023. Walmart is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores in the United States, headquartered in Bentonville, Arkansas. A copy of the Parties' motion dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/4095gEA at no extra charge.[CC] The Plaintiffs are represented by: Mark R. Thierman, Esq. Joshua D. Buck, Esq. Leah L. Jones, Esq. Joshua R. Hendrickson THIERMAN BUCK LLP 7287 Lakeside Drive Reno, NV 89511 The Defendant is represented by: Anthony L. Martin, Esq. Dana B. Salmonson, Esq. OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 10801 W. Charleston Blvd., Suite 500 Las Vegas, NV 89135 Telephone: (702) 369-6800 Facsimile: (702) 369-6888 E-mail: anthony.martin@ogletreedeakins.com dana.salmonson@ogletreedeakins.com WAL-MART ASSOCIATES: Bid for Class Certification Due May 26 ----------------------------------------------------------- In the class action lawsuit captioned as JESSICA HERNANDEZ, individually and on behalf of all others similarly situated, v. WAL-MART ASSOCIATES, INC., a Delaware corporation; and DOES 1 through 50, inclusive, Case No. 5:21-cv-00166-FLA-KK (C.D. Cal.), the Hon. Judge Fernando L. Aenlle-Rocha entered an order that the class certification briefing schedule and the pretrial and trial dates shall be as follows: Event Date Motion for Class Certification May 26, 2023 Opposition to Motion for Class July 7, 2023 Certification Reply ISO Motion for Class Aug. 7, 2023 Certification Hearing on Motion for Class Sept. 1, 2023 Certification Discovery Cutoff Nov. 17, 2023 Walmart is an American multinational retail corporation that operates a chain of hypermarkets, discount department stores, and grocery stores in the United States, headquartered in Bentonville, Arkansas. A copy of the Court's order dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3LCy2c0 at no extra charge.[CC] WAREHOUSE GOODS: Miller Files ADA Suit in W.D. New York ------------------------------------------------------- A class action lawsuit has been filed against Warehouse Goods LLC. The case is styled as Kimberly Miller, on behalf of herself and all other persons similarly situated v. Warehouse Goods LLC, Case No. 1:23-cv-00236 (W.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Warehouse Goods LLC (WHG) -- https://warehousegoods.com/ -- is a multinational distribution group based in Boca Raton, Florida.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTFRIED & GOTTFRIED, LLP 122 East 42nd. St., Suite 620 New York, NY 10168 Phone: (212) 228-9795 Email: michael@gottlieb.legal WAYFAIR LLC: Rodriguez Files ADA Suit in S.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Wayfair, LLC. The case is styled as Omar Rodriguez, individually, and on behalf of all others similarly situated v. Wayfair, LLC, Case No. 1:23-cv-02213 (S.D.N.Y., March 15, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Wayfair Inc. -- http://www.wayfair.com/-- is an American e-commerce company based in Boston, Massachusetts that sells furniture and home goods online.[BN] The Plaintiff is represented by: William Downes, Esq. MIZRAHI KROUB LLP 225 Broadway, Ste. 39th Floor New York, NY 10007 Phone: (212) 595-6200 Email: wdownes@mizrahikroub.com WELLS FARGO: Bid to Strike Easton Class Complaint Junked -------------------------------------------------------- In the class action lawsuit captioned as Josephine Easton v. Wells Fargo & Company et al., Case No. 2:20-cv-06070-AB-RAO (C.D. Cal.), the Hon. Judge André Birotte Jr. entered an order denying the Defendants motion to strike the Plaintiff Josephine Easton's motion for class certification and motion for conditional certification. The Court finds that the Plaintiff failed to meet and confer in accordance with Local Rule 7-3 prior to filing her Motions. The Plaintiff argues that the parties met and conferred in February 2022. However, the Plaintiff concedes that this meeting was a discovery conference, ordered in a separate case. The Court finds that the Plaintiff's motion was untimely. the Plaintiff cannot rely on her December 8, 2022 filing to demonstrate timeliness. As the Defendant points out, a document that is stricken from the docket "cannot be said to be part of the public record." The Defendants will be minimal, as the Defendants are familiar with the issues raised in the Plaintiff's Motions and the Court has already modified the scheduling order to accommodate the Plaintiff's untimely filing. The Court is not convinced by the Defendants' argument that it will be prejudiced by having to respond to the Plaintiff's Motions, as the Defendants will be no more prejudiced than if the Motions had been properly filed, or if the Court were to strike the Motions and allow them to be re-filed in accordance with the rules. On December 8, 2022, the Plaintiff filed Motions for Class Certification and Conditional Certification, which did not contain Local Rule 7-3 compliance statements. Wells Fargo is an American multinational financial services company. A copy of the Court's order dated March 9, 2023 is available from PacerMonitor.com at https://bit.ly/3LD9789 at no extra charge.[CC] WHITE DRUG CO: Jones Files ADA Suit in S.D. New York ---------------------------------------------------- A class action lawsuit has been filed White Drug Co. of Jamestown, Inc. The case is styled as Damon Jones, on behalf of himself and all others similarly situated v. White Drug Co. of Jamestown, Inc., Case No. 1:23-cv-02277 (S.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. White Drug Co. of Jamestown, Inc. is a pharmacy located in Jamestown, North Dakota.[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 WHITEFISH, MT: Court OK's Beck Bid to File Overlength Reply Brief ----------------------------------------------------------------- In the class action lawsuit captioned as JEFF BECK, individually; et al., v. CITY OF WHITEFISH, a Montana municipality; and DOES 1-50, Case No. 9:22-cv-00044-KLD (D. Mont.), the Plaintiff asks the Court to enter an order granting an extension of time in which to file their reply in support of their motion for class certification, up to and including March 31, 2023, and for leave to file an over-length reply brief, up to 6,500 words. Counsel for the City and FCS Group have been contacted and do not oppose this motion. Whitefish is a resort town in the Rocky Mountains of northwest Montana. It's a gateway to the jagged peaks, lakes and glacier-carved valleys of Glacier National Park. A copy of the Plaintiffs' motion dated March 8, 2023 is available from PacerMonitor.com at https://bit.ly/3TAuNUv at no extra charge.[CC] The Plaintiffs are represented by: Mark M. Kovacich, Esq. Caelan G. Brady, Esq. KOVACICH SNIPES JOHNSON, P.C. P.O. Box 2325 Great Falls, MT 59403 Telephone: (406) 761-5595 E-mail: mark@justicemt.com caelan@justicemt.com - and - Cory R. Laird, Esq. Lindsay A. Mullineaux, Esq. Riley M. Wavra, Esq. LAIRD COWLEY, PLLC P.O. Box 4066 Missoula, MT 59806 Telephone: (406) 541-7400 E-mail: claird@lairdcowley.com lmullineaux@lairdcowley.com rwavra@lairdcowley.com WILLOW HILL SUPPLY: Toro Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against Willow Hill Supply, LLC. The case is styled as Andrew Toro, on behalf of himself and all others similarly situated v. Willow Hill Supply, LLC, Case No. 1:23-cv-02135 (S.D.N.Y., March 13, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Willow Hill Supply -- http://willowhillsupply.com/-- is a US manufacturer of Military, Police and Custom made embroidered emblems.[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 WINTRUST FINANCIAL: Rice Files Suit in M.D. Florida --------------------------------------------------- A class action lawsuit has been filed against Wintrust Financial Corporation. The case is styled as Daniel R. Rice, other similarly situated persons v. Wintrust Financial Corporation, doing business as: Wintrust Mortgage doing business as: Wintrust Residential Mortgage; Barrington Bank & Trust Company N.A., Chairman/CEO W. Bradley Stetson "Brad"; The United States Department of Veterans Affairs; National Federal Mortgage Association; Veterans First Mortgage; Law Offices of Popkin & Rosaler P.A.; Michael A. Popkin, the individual & Attorney in Fact for Federal; Parker Dean Lewis; JP Morgan Chase & Company; Mr. Cooper Group Inc.; Nationstar Mortgage Holdings Inc.; John Doe; Jane Doe; Case No. 3:23-cv-00296-TJC-JBT (in M.D. Fla., March 16, 2023). The nature of suit is stated as Torts to Land for Breach of Fiduciary Duties. Wintrust -- https://www.wintrust.com/ -- is a financial services company that provides exceptional customer service, while giving back to the things that matter most to our area.[BN] The Plaintiff appears pro se. YORKSHIRE WINES: Hwang Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Yorkshire Wines & Spirits, Inc. The case is styled as Jenny Hwang, on behalf of herself and all others similarly situated v. Yorkshire Wines & Spirits, Inc., Case No. 1:23-cv-02044 (E.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Yorkshire Wines & Spirits, Inc. -- https://www.yorkshirewines.com/ -- is a spacious discount liquor outlet offering an ample selection of bottlings & a delivery service.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com YRULER INC: Pearson Suit Removed to N.D. Illinois ------------------------------------------------- The case styled as Aliyah Pearson, on behalf of Herself and all others similarly situated v. Yruler, Inc., Helzberg's Diamond Shops, LLC, Case No. 2023-CH-00225 was removed from the Circuit Court of Cook County, Illinois, to the U.S. District Court for the Northern District of Illinois on Feb. 17, 2023. The District Court Clerk assigned Case No. 1:23-cv-00984 to the proceeding. The nature of suit is stated as Other Personal Property for Right to Privacy Act. Yruler, Inc. doing business as Tangiblee -- https://www.tangiblee.com/ -- is web-based, markerless Augmented Reality that requires no mobile app & no 3D renderings.[BN] The Plaintiff is represented by: Carl V. Malmstrom, Esq. WOLF HALDENSTEIN ADLER FREEMAN & HERZ LLP 111 W. Jackson Street, Suite 1700 Chicago, IL 60604 Phone: (312) 984-0000 Fax: (212) 686-0114 Email: malmstrom@whafh.com The Defendant is represented by: Joel C Griswold, Esq. BAKER & HOSTETLER, LLP 200 S. Orange Avenue, Suite 2300 Orlando, FL 32801 Phone: (407) 649-4088 Email: jcgriswold@bakerlaw.com - and - Amy Lynn Lenz, Esq. Bonnie Keane DelGobbo, Esq. BAKER & HOSTETLER LLP 1 N Upper Wacker Dr., Suite 4500 Chicago, IL 60606 Phone: (602) 515-8702 Email: alenz@bakerlaw.com bdelgobbo@bakerlaw.com - and - Rachel Nevarez, Esq. Kelly Nicole Flavin, Esq. KMA ZUCKERT LLC 200 W. Madison Street, Ste. 1600 Chicago, IL 60606 Phone: (312) 345-3000 Email: rnevarez@kmazuckert.com kflavin@kmazuckert.com ZENOBIA COMPANY: Toro Files ADA Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Zenobia Company, LLC. The case is styled as Andrew Toro, on behalf of himself and all others similarly situated v. Zenobia Company, LLC, Case No. 1:23-cv-02271 (S.D.N.Y., March 16, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Zenobia is world-renowned for gourmet nuts products, fine snacks, and nut gifts like Turkish pistachio nuts, Virginia peanuts, and roasted pecans.[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 ZOLL MEDICAL: Smith Sues Over Inadequate Data Security ------------------------------------------------------ Robert Smith, on behalf of himself and others similarly situated v. ZOLL MEDICAL CORPORATION, Case No. 1:23-cv-10575 (D. Mass., March 15, 2023), is brought seeking to hold Defendant responsible for the injuries ZOLL inflicted on the Plaintiff and over 1 million others due to the Defendant's impermissibly inadequate data security, which caused the personal and health information of the Plaintiff and those similarly situated to be exposed to the public (the "Data Exposure"). The data that the Defendant exposed to the public is highly sensitive. According to the Defendant's submission to the Maine Attorney General, the exposed data included personal identifying information ("PII") and protected health information ("PHI") like Social Security numbers, full names, dates of birth, and addresses. The exposed data also allowed individuals to infer that the Plaintiff and Class Members were using or being considered for ZOLL products, disclosing their health conditions. The Plaintiff received a Notice of Data Exposure Letter that did not specify the types of PII and PHI impacted; rather, his letter states that the Data Exposure "may have resulted in the disclosure of some of his protected health information." The full scope of the PII and PHI impacted by the Data Exposure remains unknown. According to the Notice of Data Exposure Letter Plaintiff received, On January 28, 2023, Defendant detected unusual activity on its internal network. The Defendant determined that Plaintiff's and Class Members' PII and PHI was affected on or about February 2, 2023. The risk of the Data Exposure was known to Defendant. Thus, Defendant was on notice that its inadequate data security created a heightened risk of exposure, compromise, and theft. After the Data Exposure, Defendant failed to provide timely notice to Plaintiff and Class Members, thereby exacerbating their injuries. Ultimately, Defendant deprived Plaintiff and Class Members of the chance to take speedy measures to protect themselves and mitigate harm. Simply put, Defendant impermissibly left Plaintiff and Class Members in the dark—thereby causing their injuries to fester and the damage to spread. Even when Defendant finally notified Plaintiff and Class Members of the disclosure, Defendant failed to adequately describe what information was compromised. Today, the identities of Plaintiff and Class Members are in jeopardy because of Defendant's negligence. Plaintiff and Class Members now suffer from a heightened and imminent risk of fraud and identity theft and must now constantly monitor their financial accounts. Plaintiff and Class Members have suffered--and will continue to suffer--from the loss of the benefit of their bargain, unexpected out-of-pocket expenses, lost or diminished value of their PII and PHI, emotional distress, and the value of their time reasonably incurred to mitigate the fallout of the Defendant's Data Exposure. Through this action, the Plaintiff seeks to remedy these injuries on behalf of themselves and all similarly situated individuals whose PII and PHI were exposed and compromised in the Data Exposure, says the complaint. The Plaintiff is a natural person, resident, and citizen of Virginia whose PII and PHI was provided to the Defendant in conjunction with the type of work Defendant does within the healthcare industry. ZOLL is Asahi Kasei company, who makes a variety of advanced emergency care devices that provide defibrillation and cardiac monitoring, circulation enhancement and CPR feedback, supersaturated oxygen therapy, ventilation, and more.[BN] The Plaintiff is represented by: H. Luke Mitcheson, Esq. MORGAN & MORGAN 1601 Trapelo Road, Suite 1601 Boston, MA 02110 Phone: (857)-383-4905 Facsimile: (857)-383-4930 Email: lmitcheson@forthepeople.com - and - Jean S. Martin, Esq. Francesca Kester Burne, Esq. MORGAN & MORGAN COMPLEX LITIGATION GROUP 201 N. Franklin Street, 7th Floor Tampa, FL 33602 Phone: (813) 223-5505 Email: jeanmartin@ForThePeople.com fkester@ForThePeople.com ********* S U B S C R I P T I O N I N F O R M A T I O N Class Action Reporter is a daily newsletter, co-published by Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. 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