/raid1/www/Hosts/bankrupt/CAR_Public/230516.mbx
C L A S S A C T I O N R E P O R T E R
Tuesday, May 16, 2023, Vol. 25, No. 98
Headlines
1ST LAKE PROPERTIES: Merrell Suit Removed to E.D. Louisiana
23RD & 9TH RESTAURANT: Ramirez Seeks Wage-and-Hour Violations
A.R.E. ACCESSORIES: Travick Seeks Production Staff's Unpaid Wages
AAA FREIGHT: Court Narrows Claims in Lee's 1st Amended Class Suit
ALABAMA: Porter Sues Over Discrimination Against Disabled Workers
ALBERTSONS COMPANIES: Medina Sues Over Breach of Contract
ALOHA NURSING REHAB: Trenhailie Files Suit in D. Hawaii
AMERICAN EAGLE: Rodriguez Seeks Blind's Equal Access to Website
ANDREWS & COX: Morgan Sues Over Use of Door Tags to Collect Debt
ARJO INC: Fails to Provide Meal Periods, Mays Suit Alleges
ARSTRAT LLC: Horowitz Sues Over Unfair Debt Collection Practices
ARTCHIVES LLC: Sanchez Files ADA Suit in E.D.N.Y.
BARNES & NOBLE: Sends Search Data to Google, Husted Sr. Claims
BRIGHT BUY: Faces Sanchez Suit Over Retail Staff's Unpaid Wages
BRIGHTLINE INC: Fails to Secure Patients' Info, Rosa Claims
BUILDERS SOURCE: Herranz, Vizcaino Seek Proper Overtime Pay
BVN 16 LLC: Lam Sues Over Tip Policy for Servers and Bartenders
CERTUS HEALTHCARE: Wesel Suit Seeks Over Unpaid Overtime Wages
COMPASS GROUP USA: Baldwin Suit Transferred to E.D. Missouri
CONSTRUCION PACHITO: Zavala Sues Over Unpaid Wages, Retaliation
CREDIT ONE: Foulkes Sues Over Illegal Debt Collection Practices
D&R PAVING LLC: Fails to Overtime Wages, Gomez Suit Alleges
DELTA AIR LINES: Clampet Suit Removed to S.D. Florida
DINE BRANDS GLOBAL: Hernandez Files Suit in S.D. California
DISTRICT OF COLUMBIA: V.C., et al., Seek Class Certification
DOLLAR GENERAL: Bid to Strike Class Claims Withdrawn w/o Prejudice
DOMINICAN REPUBLIC: Unscathed From Int'l Inflation, Contreras Says
DONALD TRUMP: Initial Approval of Class Action Settlement Sought
ENERGIZER HOLDINGS: Copeland Sues Over Price Inflation of Batteries
ENERGIZER HOLDINGS: Gerber Sues Over Price Fixing of Batteries
EQUINOX HOLDINGS: Rothman Must File Class Cert Bid by Sept. 4
EXPRESS LIEN: More Time to File Class Cert Bid Sought in Williams
FADA GROUP: Faces Xue Suit Over Fraudulent Tax Information Forms
FEDERAL BUREAU: Martin Files Bid for Class Certification
FEDERAL SAVINGS: Sapan Must File Class Cert Bid by April 22, 2024
FIDELITY NATIONAL: Continues to Defend Palm Bay Police Class Suit
FIDELITY NATIONAL: Faces Putative Class Suit
GANNETT COMPANY: Filing of Class Cert. Bid Due May 31, 2024
GEICO: Benvenutti Bid for FLSA Conditional Certification OK'd
GENERAL MOTORS: Class Cert Bid Filing Due August 25
GRAND CANYON: Continues to Defend HERS Securities Class Suit
GREAT DANE: Birdsall Sues Over Failure to Pay Proper Wages
HANDY TECHNOLOGIES: Cali Suit Removed to C.D. California
HAUS BONSALL: Slade Files ADA Suit in S.D. New York
HERBALIFE LTD: Settlement in Rodgers Suit Gets Initial Nod
HISAMITSU AMERICA: Class Certification Bid Filing Due Sept. 11
HONEST COMPANY: Dixon Class Cert. Bid Partly Granted
HOSPITALS CORPORATION: Sumpter Seeks FLSA Conditional Status
HY-VEE INC: Rodriguez, et al., Win Class Certification Bid
ILLINOIS MUTUAL: Ct. Junks Bid to Strike or Dismiss Lowenberg Suit
IRONNET INC: Continues to Defend Federal Securities Class Suit
ITS LOGISTICS: Parties Seek More Time to Object to Judge's Findings
J. KINGS FOOD: Fails to Pay Overtime, Evans Suit Alleges
JACKS SURF & SPORT: Hernandez Files ADA Suit in S.D. New York
JCO CONSTRUCTION: Fails to Properly Pay Laborers, Tacuri Alleges
JORNS & ASSOCIATES: Filing of Class Certification Bid Due Oct. 6
JOSEPH BIDEN: Van Den Bosch Files Bid for Class Certification
JP MORGAN: Lead Plaintiff Seeks to Certify Rule 23 Class Action
JVK OPERATIONS: Class Cert Bid Referred to Magistrate Judge
KINKISHARYO INT'L: Bid to Advance Class Cert Hearing Date Denied
KISS NUTRACEUTICALS: Extension to File Class Cert Bid Sought
KPS AFFILIATES: FLSA Collective Action Conditionally Certified
LAZER SPOT: Suit Seeks to Certify Class of Spotter Employees
LOANDEPOT.COM LLC: Finn Sues Over Unsolicited Phone Calls
MAD HATTER: Faces Crumwell Suit Over Blind-Inaccessible Website
MANITOBA: Settles Class Suit Over Intellectual Disabilities Suit
MASTRONARDI PRODUCE-USA: Plaintiffs Must Appear for Deposition
MAXSOLD INC: Plaintiffs Must File Class Cert Bid by Dec. 29
MEDIBANK PRIVATE: Faces Third Class Action Suit Over Cyber Breach
MERIDIAN SENIOR: Underpays Resident Assistants, Smock Suit Says
MONROE OPERATIONS: Filing of Class Cert Bid Due Feb. 16, 2024
MY PILLOW: Plaintiffs Win Class Cert Bid, Lose Summary Judgment
NEW YORK: Faces Kocan Wage-and-Hour Suit in E.D.N.Y.
NORFOLK SOUTHERN: Area Attorneys Named Liaison in Derailment Suit
ONE BROOKLYN: Fails to Protect Patients' Info, Mutnick Suit Says
ONTARIO: Appellate Court Restores Status in Disabilities Class Suit
PERSONAL TOUCH: Fails to Pay Proper Wages, Liliah and Fairley Say
POKE FIDI: Has Until May 31 to File Class Cert Opposition in Yuwono
PREMIER FITNESS: Devivo Sues Over Unsolicited Text Messages
PROGUARD PROTECTION: Underpays Security Guards, Smith Suit Says
RA SUSHI HOLDING: Hwang Files ADA Suit in E.D. New York
RAINBOW CLEANING: Farias FLSA Suit Transferred to S.D. New York
REALPAGE INC: Cheong Suit Transferred to M.D. Tennessee
REALPAGE INC: Precht Suit Transferred to M.D. Tennessee
REALPAGE INC: Weller Suit Transferred to M.D. Tennessee
REALPAGE INC: White Suit Transferred to M.D. Tennessee
RGS FINANCIAL: Rottenberg Files FDCPA Suit in S.D. New York
SAN DIEGO SIGN: Class Certification Bid Must be Filed by Sept. 29
SAN JOAQUIN GENERAL: Arcaina Files Suit in Cal. Super. Ct.
SAVE MART: March 22, 2024 Class Certification Bid Filing Sought
SCHWANS CONSUMER: Class Cert Bid Filing Extended in Martin Suit
SECURE IP: Luna Sues Over Unsolicited Telemarketing Messages
SERVICE CORP: Taylor Administrative Claims Process Ongoing
SJP 1 TRAIN LLC: Crosson Files ADA Suit in E.D. New York
SNC ELECTRIC: Padilla Seeks to Recover Unpaid Overtime Hours
SOUTHEAST ENERGY: Sends Unwanted Telemarketing Calls, Harman Says
SUBWAY RESTAURANTS: Stay on Discovery Dispute Lifted in Amin Suit
SUCCESS INC: Castro Files ADA Suit in S.D. New York
SUEZ WTS: Bulnes Must File Class Certification Bid by Sept. 18
T. ROWE PRICE: Invasion of Privacy Class Suit Dismissed
TAK COMMUNICATIONS: Monacelli Sues Over Installers' Unpaid Wages
TAYLOR MORRISON: Oral Arguments for Gundel Suit Set for May 2023
TELADOC HEALTH: Continues to Defend Securities Class Suit in IL
TERRAFORM LABS: Seeks Dismissal of Securities Class Action Suit
TRAVELERS PROPERTY: Hurley Sues Over Inflated Insurance Coverage
UNISYS CORP: Continues to Defend Securities Class Suit in PA
UNITED STATES: Adia Holdings Sues Over Delayed Disbursement
UNITED THERAPEUTICS: Continues to Defend RICO Violations Class Suit
UNIVERSAL PROTECTION: Faces Sears Wage-and-Hour Suit in S.D. Ind.
VI-JON LLC: Loughlin Seeks to Certify Rule 23 Class Action
VICOUR HOLDINGS: Fails to Pay Minimum Wages, Heimpel et al. Allege
WILMINGTON, DE: Fails to Pay Overtime Wages, Cooper et al. Say
WINGRA DIRECT: Espinal Files ADA Suit in S.D. New York
YAKIMA HMA: Wash. App. Dismisses Campeau's Unpaid Wages Claims
YUM! BRANDS: Farley Sues Over Security Breach of Customer's Data
*********
1ST LAKE PROPERTIES: Merrell Suit Removed to E.D. Louisiana
-----------------------------------------------------------
The case is styled as Kevin Merrell, Individually and on behalf of
all others similarly situated v. 1st Lake Properties Inc., Case No.
838-959 O was removed from the 24th Judicial District Court,
Jefferson Parish, to the U.S. District Court for the Eastern
District of Louisiana on May 1, 2023.
The District Court Clerk assigned Case No. 2:23-cv-01450-SSV-DPC to
the proceeding.
The nature of suit is stated as Other Contract.
1st Lake Properties -- https://1stlake.com/ -- offers studio, 1, 2
& 3 bedroom apartments in Louisiana and Mississippi.[BN]
The Defendant is represented by:
Jeffrey Joseph Gelpi, Esq.
KEAN MILLER LLP
909 Poydras Street, Suite 3600
New Orleans, LA 70112
Phone: (504) 620-3365
Fax: (504) 585-3051
Email: jeff.gelpi@keanmiller.com
- and -
Alexandra E. Rossi, Esq.
Karli Glascock Johnson, Esq.
KEAN MILLER, LLP (BATON ROUGE)
400 Convention St., Suite 700
PO Box 3513 (70821-3513)
Baton Rouge, LA 70802
Phone: (225) 389-3771
Email: alexandra.rossi@keanmiller.com
karli.johnson@keanmiller.com
23RD & 9TH RESTAURANT: Ramirez Seeks Wage-and-Hour Violations
-------------------------------------------------------------
EDUARDO RAMIREZ COYOTECALT, individually and on behalf of all
others similarly situated, Plaintiff v. 23RD & 9TH RESTAURANT CORP.
(D/B/A CHELSEA SQUARE RESTAURANT), JOHN BOUMAKIS, and JOHN
LAPSATIS, Defendants, Case No. 1:23-cv-03614-MKV (S.D.N.Y., May 1,
2023) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
failure to pay minimum wages, failure to pay overtime wages,
failure to pay spread of hours compensation, failure to provide
wage notice, failure to provide accurate wage statements, failure
to reimburse business expenses, failure to timely pay wages, and
unlawful wage deductions.
Mr. Ramirez was employed as a cook, dishwasher, and delivery worker
at the Defendants' restaurant located at 368 West 23rd Street, New
York, New York from approximately August 27, 2009, until on or
about September 2017, and then from September 2019 until on or
about October 2022.
23rd & 9th Restaurant Corp., doing business as Chelsea Square
Restaurant, is a restaurant owner and operator based in New York.
[BN]
The Plaintiff is represented by:
Catalina Sojo, Esq.
CSM LEGAL, PC
60 East 42nd Street, Suite 4510
New York, NY 10165
Telephone: (212) 317-1200
Facsimile: (212) 317-1620
E-mail: catalina@csmlegal.com
A.R.E. ACCESSORIES: Travick Seeks Production Staff's Unpaid Wages
-----------------------------------------------------------------
ANTON TRAVICK, individually and on behalf of all others similarly
situated, Plaintiff v. A.R.E. ACCESSORIES LLC, Defendant, Case No.
5:23-cv-00890 (N.D. Ohio, May 1, 2023) is a class action against
the Defendant for its failure to pay for all hours worked and
failure to keep accurate records in violation of the Fair Labor
Standards Act.
The Plaintiff was employed by the Defendant as a production
employee at its Massillon, Ohio facility from approximately January
2021 through April 2022.
A.R.E. Accessories LLC is a producer of truck caps and covers with
its principal place of business in Massillon, Stark County, Ohio.
[BN]
The Plaintiff is represented by:
Alanna Klein Fischer, Esq.
Anthony J. Lazzaro, Esq.
THE LAZZARO LAW FIRM, LLC
The Heritage Bldg., Suite 250
34555 Chagrin Boulevard
Moreland Hills, OH 44022
Telephone: (216) 696-5000
Facsimile: (216) 696-7005
E-mail: alanna@lazzarolawfirm.com
anthony@lazzarolawfirm.com
AAA FREIGHT: Court Narrows Claims in Lee's 1st Amended Class Suit
-----------------------------------------------------------------
In the case, MAUD LEE, ARRICK JACKSON, TREMAYNE WILLIAMS, RECON
TRANSPORT, LLC, Plaintiffs v. AAA FREIGHT, INC., DEKI TRANSPORT,
INC., Defendants, Case No. 22 CV 5652 (N.D. Ill.), Judge Robert W.
Gettleman of the U.S. District Court for the Northern District of
Illinois, Eastern Division, grants in part and denies in part the
Defendant's motion to dismiss Counts I, III, IV, and V for failure
to state a claim.
The Plaintiffs bring this five-count first amended class action
complaint against Defendants AAA Freight and Deki. Count I alleges
breach of contract against AAA Freight; Count II alleges breach of
contract against Deki; Count III alleges violations of the Truth in
Leasing Act ("TILA"), 49 U.S.C. Section 14704(a)(2), against AAA
Freight; Count IV alleges violations of the Illinois Consumer Fraud
and Deceptive Business Practices Act ("ICFA"), 815 ILCS 505/2,
against both Defendants; and Count V alleges violations of the
Illinois Wage Payment and Collection Act ("IWPCA"), 815 ILCS 115/3,
against AAA Freight. On Feb. 3, 2023, the Defendants moved to
dismiss Counts I, III, IV, and V for failure to state a claim.
AAA Freight is a federally authorized motor carrier. The Plaintiffs
are commercial semi-truck drivers who entered into written lease
agreements with Deki, a fleet operator for AAA Freight, to work as
"owner-operators." Owner-operators lease their trucks to transport
goods for others in the trucking industry, and AAA Freight
dispatchers would offer the Plaintiffs "loads" to transport at a
specific price. The crux of the Plaintiffs' claims is that they
reached an oral agreement with AAA Freight prior to executing
written agreements with Deki, and the Defendants engaged in a
"classic bait-and-switch scheme" to circumvent statutory lease
protections and undercompensate them.
According to the Plaintiffs, the Defendants engaged in a widespread
scheme to mislead them and other drivers about the amount of money
that they would receive in exchange for hauling loads under AAA
Freight's carrier license. They complain that AAA Freight
advertised to the public, and promised them, through its
recruiters, that it would pay owner-operators 80% of each load that
they hauled. According to them, the Defendants' promise was
consistent with the dominant model of compensating owner-operators
in the trucking industry, which is based on a percentage of the
carrier's gross revenue per load.
Before the Plaintiffs could begin working for AAA Freight, the
Defendants required the Plaintiffs to sign "independent contractor
agreements" with Deki, a company without a motor carrier license.
AAA Freight is not a party to the agreements, and the agreements do
not delineate anything about Deki's contractual agreement with AAA
Freight. The Plaintiffs complain that AAA Freight represented that
Deki was the "payroll administrator," and would "show up on their
paychecks," but Deki received a cut of the Plaintiffs' pay as a
middleman instead. The Plaintiffs' contracts with Deki describe
Deki as a "fleet operator."
The Plaintiffs allege that the Defendants consistently paid them
less than the promised 80%, despite indicating on their settlement
statements that AAA Freight was paying them 80% of the gross
revenue for each load. They further allege that the Defendants did
not give them copies of their contracts with Deki, but rather
provided copies of their truck leases with AAA Equipment LLC (the
Defendants' affiliated leasing company). The Plaintiffs allege that
they would not have agreed to transport loads under AAA Freight's
carrier license if they knew that they were being paid less than
80% of AAA Freight's revenue for each load, as AAA Freight had
promised.
The Defendants move to dismiss Count I (breach of contract against
AAA Freight), Count III (claim under the TILA against AAA Freight),
Count IV (claim under the ICFA against both defendants), and Count
V (claim under the IWPCA against AAA Freight).
The Defendants argue that the Court should dismiss Count I for
breach of contract against AAA Freight because any alleged oral
agreement between the parties about the Plaintiffs' compensation
was superseded by the comprehensive written independent contractor
agreements that the Plaintiffs signed with Deki.
Judge Gettleman opines that the Plaintiffs have plausibly alleged
that AAA Freight demonstrated an intent to be bound by its promise
of 80% because it, in fact, did pass on 80% of its gross revenue
the issue is that the Plaintiffs' cut was reduced based on the cost
of Deki's services as dispatcher, which defendants characterize as
a "middleman." The Plaintiffs have plausibly alleged that AAA
Freight agreed on a rate of 80%, based on their alleged oral
negotiations with AAA Freight. These oral agreements are enough to
sustain a plausible claim for breach of contract against AAA
Freight. Accordingly, the Plaintiffs state a claim for breach of
contract against AAA Freight, and Judge Gettleman denies the
Defendants' motion to dismiss Count I.
Next, the Defendants argue that the Court should dismiss Count III
because the Plaintiffs fail to state a plausible claim under the
TILA against AAA Freight.
Taking the facts in the light most favorable to the Plaintiffs,
Judge Gettleman holds that the Plaintiffs state a claim that AAA
Freight violated its obligations under the TILA, by failing to
convert its verbal lease agreements into writing. The Plaintiffs'
written agreements with Deki are insufficient to satisfy AAA
Freight's obligations under the TILA because the agreements
expressly provide that AAA Freight is not a party. The Plaintiffs
also allege that AAA Freight communicated the price of each load
via text message or email using their own dispatch sheets, which
allegedly misrepresented and underreported the price. Judge
Gettleman agrees that this is a plausible claim under the TILA and
denies the Defendants' motion to dismiss Count III.
Judge Gettleman next evaluates the Defendants' argument to dismiss
Count IV for failure to state a plausible claim under the ICFA. The
Defendants argue that the Plaintiffs are not consumers pursuant to
the ICFA, and that the Plaintiffs have not satisfied the "consumer
nexus" test by alleging facts to show that the Defendants' conduct
involved trade practices directed to the market generally, or
otherwise implicated consumer protection concerns.
Judge Gettleman opines that the Plaintiffs contracted with the
Defendants as independent contractors; any benefit that the
Plaintiffs received from the Defendants' services, including
dispatching, was contemplated by their business relationship.
Further, the Plaintiffs have not plausibly pled a consumer nexus
because the complaint contains no factual allegations to suggest a
connection between the Defendants' dispatching services and
consumers or the general public. Count IV is dismissed.
Last, the Defendants argue that the Court should dismiss Count V
because the Plaintiffs have failed to state a claim against AAA
Freight under the IWPCA. Judge Gettleman concludes that the
Plaintiffs have plausibly alleged an oral agreement to haul loads
based on mutual assent, and he rejects the Defendants' argument
otherwise. Thus, he denies the Defendants' motion to dismiss Count
V.
For the reasons he stated, Judge Gettleman grants in part and
denies in part the Defendants' motion to dismiss. He dismisses
Count IV, for violations of the ICFA, without prejudice, and denies
the Defendants' motion to dismiss Counts I, III, and V, for breach
of contract and violations of the TILA and IWPCA.
The Defendants were directed to file an answer to Counts I, III,
and V on May 8, 2023, and this answer should incorporate their
earlier answer to Count II. The parties were also directed to file
a joint status report using the Court's form by May 15, 2023.
A full-text copy of the Court's May 2, 2023 Memorandum Opinion &
Order is available at https://rb.gy/zm82i from Leagle.com.
ALABAMA: Porter Sues Over Discrimination Against Disabled Workers
-----------------------------------------------------------------
TOMEYKA D. PORTER, individually and on behalf of all others
similarly situated, Plaintiff v. KILOLO KIJAKAZI, Acting
Commissioner of Social Security Administration, Defendant, Case No.
2:23-cv-00555-ACA (N.D. Ala., May 1, 2023) is a class action
against the Defendant for failing to even discuss or entertain
reasonable accommodation and using qualification standards that
screen out disabled individuals in violation of the Rehabilitation
Act of 1973.
The Plaintiff started working for the Defendant on or about October
18, 2004.
Alabama is a state in the Southeastern region of the United
States.[BN]
The Plaintiff is represented by:
Roderick T. Cooks, Esq.
Lee Winston, Esq.
WINSTON COOKS, LLC
351 24th Street North, Box 122
Birmingham, AL 35203
Telephone: (205) 502-0970
Facsimile: (205) 278-5876
E-mail: rcooks@winstoncooks.com
lwinston@winstoncooks.com
ALBERTSONS COMPANIES: Medina Sues Over Breach of Contract
---------------------------------------------------------
LAURA MEDINA, individually and on behalf of all others similarly
situated, Plaintiff v. ALBERTSONS COMPANIES, INC., Defendant, Case
No. 1:23-cv-00480-UNA (D. Del., May 1, 2023) asserts claims for
negligence, invasion of privacy, breach of contract, unjust
enrichment, and declaratory judgment in connection with the data
breach on or around December 23, 2022.
Plaintiff Laura Medina began her employment with Albertsons in or
around 2004 through 2006, then rejoined the company in or around
2013-2014. Despite not having worked at Albertson's for almost a
decade, Medina's private information has inexplicably remained in
Albertsons' systems and is still in Albertsons' possession and
control. Accordingly, Medina brings this class action against
Albertsons for its alleged failure to properly secure and safeguard
Plaintiff's and other similarly situated current and former
employees' personally identifying information from hackers.
Albertsons, Inc. is incorporated in the State of Delaware and
headquartered in Boise, Idaho. It is one of the largest food and
drug retailers in the United States, with over 2,200 stores in 34
states and the District of Columbia.[BN]
The Plaintiff is represented by:
P. Bradford deLeeuw, Esq.
DELEEUW LAW LLC
1301 Walnut Green Road
Wilmington, DE 19807
Telephone: (302) 274-2180
Facsimile: (302) 351-6905
E-mail: brad@deleeuwlaw.com
- and -
Mason A. Barney, Esq.
Tyler J. Bean, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Avenue, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
E-mail: mbarney@sirillp.com
tbean@sirillp.com
ALOHA NURSING REHAB: Trenhailie Files Suit in D. Hawaii
-------------------------------------------------------
A class action lawsuit has been filed against Aloha Nursing Rehab
Centre. The case is styled as Lewelyn Trenhailie, individually and
on behalf of all others similarly situated v. Aloha Nursing Rehab
Centre, Case No. 1:23-cv-00199 (D. Hawaii, May 1, 2023).
The nature of suit is stated as Other Personal Property for
Property Damage.
Aloha Nursing Rehab Centre -- https://www.alohanursing.com/ -- is a
nursing home in Kaneohe, Hawaii.[BN]
The Plaintiff is represented by:
Margery S. Bronster, Esq.
Noelle Emi Chan, Esq.
Robert M. Hatch, Esq.
BRONSTER FUJICHAKU ROBBINS
Pauahi Tower
1003 Bishop St, Ste 2300
Honolulu, HI 96813
Phone: (808) 524-5644
Email: mbronster@bfrhawaii.com
nchan@bfrhawaii.com
rhatch@bfrhawaii.com
AMERICAN EAGLE: Rodriguez Seeks Blind's Equal Access to Website
---------------------------------------------------------------
DANIEL RODRIGUEZ, individually and on behalf of all others
similarly situated, Plaintiff v. AMERICAN EAGLE OUTFITTERS, INC.,
Defendant, Case No. 1:23-cv-03307 (E.D.N.Y., May 2, 2023) is a
class action against the Defendant for violations of the Americans
with Disabilities Act and the New York City Human Rights Law.
According to the complaint, the Defendant has failed to design,
construct, maintain, and operate its website to be fully accessible
to and independently usable by the Plaintiff and other blind or
visually impaired persons. The Defendant's website,
www.toddsnyder.com, contains access barriers which hinder the
Plaintiff and Class members to enjoy the benefits of its online
goods, content, and services offered to the public through the
website. The accessibility issues include, but not limited to: (a)
the website lacks alternate text; (b) fails to add a label element
or title attribute for each field; (c) contains the same title
elements; and (d) contains a host of broken links.
The Plaintiff and Class members seek permanent injunction to cause
a change in the Defendant's corporate policies, practices, and
procedures so that the Defendant's website will become and remain
accessible to blind and visually impaired individuals.
American Eagle Outfitters, Inc. is an online retail company doing
business in New York. [BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
Facsimile: (201) 282-6501
E-mail: mrozenberg@steinsakslegal.com
ANDREWS & COX: Morgan Sues Over Use of Door Tags to Collect Debt
----------------------------------------------------------------
LEEANNA MORGAN, individually and on behalf of all others similarly
situated, Plaintiff v. ANDREWS & COX, PC DBA BRODEY, BLEEKER, and
ANDREWS; MEDLEY SERVES & INVESTIGATIONS, LLC, Defendants, Case No.
6:23-cv-01807-DCC (D.S.C., May 1, 2023) is a class action against
the Defendants for violations of the Federal Uniform Declaratory
Judgement Act.
The case arises from the Defendants' alleged illegal debt
collection practice by placing door tags on individuals' home
addresses. Medley left a door tag on the door of the Plaintiff's
old address. The Plaintiff told him that he would have a hard time
serving her at her home but that they could serve her at her place
of business, but Medley's representative apparently refused to do
that. The Plaintiff felt abused and harassed by the door tag. The
Plaintiff and the Class seek a declaratory judgement declaring that
the Defendants in this litigation were participating in unfair debt
collection practices, the suit asserts.
Andrews & Cox, PC, doing business as Brodey, Bleeker, and Andrews,
is a law firm with its principal place of business in Indianapolis,
Indiana.
Medley Serves & Investigations, LLC is a provider of process and
private investigations, headquartered in Knoxville, Tennessee.
[BN]
The Plaintiff is represented by:
Patrick E. Knie, Esq.
Matthew W. Shealy, Esq.
KNIE & SHEALY
P.O. Box 5159
250 Magnolia Street
Spartanburg, SC 29304
Telephone: (864) 582-5118
Facsimile: (864) 585-1615
E-mail: pat@knieshealy.com
matt@knieshealy.com
ARJO INC: Fails to Provide Meal Periods, Mays Suit Alleges
----------------------------------------------------------
CHARLES MAYS, individually and on behalf of all those similarly
situated, Plaintiff v. ARJO INC., a Foreign Profit Corporation, and
DARREL WRIGHT, an individual, Defendants, Case No. 23-2-07913-2 KNT
(Wash. Super., King Cty., May 1, 2023) arises out of the
Defendant's allegedly violations of the Washington's Industrial
Welfare Act, the Wage Rebate Act, and the Washington Law Against
Discrimination.
Among other things, the Defendant ARJO has allegedly violated the
IWA and its implementing regulation by failing to provide Plaintiff
and members of the putative class with compliant thirty-minute meal
periods and by creating work schedules and conditions of work that
discourage meal periods. In addition, ARJO did not add thirty
minutes of compensable time to Plaintiff and putative class
members' pay for those shifts greater than five hours in length and
when meal periods were not taken. The Plaintiff seeks to represent
all individuals employed by Defendant ARJO at any time between
April 28, 2020 and present day as hourly workers or in any other
similar position, the suit says.
ARJO provides medical equipment throughout Washington and beyond,
and has an office in SeaTac, Washington. [BN]
The Plaintiff is represented by:
James B. Pizl, Esq.
Ari Robbins Greene, Esq.
Justin O. Abbasi, Esq.
ENTENTE LAW PLLC
315 Thirty-Ninth Ave SW Ste 14
Puyallup, WA 98373-3690
Telephone: (253) 446-7668
ARSTRAT LLC: Horowitz Sues Over Unfair Debt Collection Practices
----------------------------------------------------------------
RIVKA HOROWITZ, individually and on behalf of all others similarly
situated, Plaintiff v. ARSTRAT, LLC, Defendant, Case No.
512951/2023 (N.Y. Sup., May 1, 2023) arises out of the Defendant's
violations of the Fair Debt Collection Practices Act.
On or before December 14, 2022, Plaintiff allegedly incurred an
obligation(s) to nonparty creditor North Shore Long Island Jewish
Medical Group. According to the letter received by the Plaintiff,
North Shore was represented by Defendant to collect the alleged
debt. Specifically, Plaintiff disputes the "Total Due: $740.00" as
set forth in the Letter because the Plaintiff provided proof of
Medicaid insurance at all relevant times from when the debt was
incurred to the present. Accordingly, the Plaintiff is entitled to
receive proper notice of the character and amount of the debt, as
required by the FDCPA, says the suit.
Arstrat, LLC is a debt collector registered to accept service of
process care of Corporation Service Company, 80 State Street,
Albany, New York. [BN]
The Plaintiff is represented by:
Robert Yusko, Esq.
STEIN SAKS, PLLC
One University Plaza, Suite 620
Hackensack, NJ 07601
Telephone: (201) 282-6500
E-mail: ryusko@steinsakslegal.com
ARTCHIVES LLC: Sanchez Files ADA Suit in E.D.N.Y.
-------------------------------------------------
A class action lawsuit has been filed against Artchives, LLC. The
case is styled as Randy Sanchez, on behalf of himself and all
others similarly situated v. Artchives, LLC, Case No. 1:23-cv-03263
(E.D.N.Y., May 1, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Artchive -- https://artchivecoins.com/ -- is a Solana Block Chain
based ecosystem that is powered by Artchive coin.[BN]
The Plaintiff is represented by:
Noor H. 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
BARNES & NOBLE: Sends Search Data to Google, Husted Sr. Claims
--------------------------------------------------------------
KEVIN HUSTED, SR., individually and on behalf of all others
similarly situated, Plaintiff v. BARNES & NOBLE BOOKSELLERS, INC.,
Defendant, Case No. 1:23-cv-03650 (S.D.N.Y., May 1, 2023) alleges
that Google's activities on the Defendant's website,
barnesandnoble.com, violated the California Invasion of Privacy
Act.
When consumers enter text into the search bar on the website, they
expect their search results will simply be sent to Barnes & Noble
to help consumers find a particular book or other product. Instead,
any text entered into the search bar is secretly recorded, read,
and intercepted by a third party, Google, through the "Site Search
Tracking" function of its "Google Analytics" API.
Accordingly, Google's activities on the Defendant's website
violated CIPA, which prohibits, inter alia, a third party willfully
and without the consent of all parties to the communication, or in
any authorized manner, readings, or attempting to read, or learning
the contents or meaning of any message, report, or communication
while same is in transit or is being sent from, or received at any
place within this state, says the suit.
Barnes & Noble Booksellers, Inc. is a Delaware corporation whose
principal place of business is located at 33 E 17th Street, New
York, New York.
The Plaintiff is represented by:
Alec M. Leslie, Esq.
Max S. Roberts, Esq.
BURSOR & FISHER, P.A.
888 Seventh Avenue
New York, NY 10019
Telephone: (646) 837-7150
Facsimile: (212) 989-9163
E-mail: aleslie@bursor.com
mroberts@bursor.com
- and -
Joel D. Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: (925) 300-4455
Facsimile: (925) 407-2700
E-mail: jsmith@bursor.com
BRIGHT BUY: Faces Sanchez Suit Over Retail Staff's Unpaid Wages
---------------------------------------------------------------
MARIA SANCHEZ, individually and on behalf of all others similarly
situated, Plaintiff v. BRIGHT BUY USA INC. d/b/a 99 CENT EMPIRE USA
INC., BRIGHT BUY 99CENTS & UP, INC. d/b/a 99 CENT EMPIRE USA,
BAYSHORE 99C & UP, INC., BABITA JAIN and BHUSHAN JAIN, Defendants,
Case No. 1:23-cv-03258 (E.D.N.Y., May 1, 2023) is a class action
against the Defendants for failure to pay overtime and minimum
wages in violation of the Fair Labor Standards Act.
Ms. Sanchez was employed as a cashier and stock worker, at the
discount store(s) located at 69 Wicks Road, Brentwood, New York and
the 1851 Sunrise Highway, Bayshore, New York from approximately
July 2016 through November 10, 2022.
Bright Buy USA Inc., doing business as 99 Cent Empire USA Inc., is
a retail company, with a principal place of business at 69 Wicks
Road, Brentwood, New York.
Bright Buy 99cents & Up, Inc., doing business as 99 Cent Empire
USA, is a retail company, with a principal place of business at 69
Wicks Road, Brentwood, New York.
Bayshore 99C & Up, Inc. is a retail company, with a principal place
of business at 1851 Sunrise Highway, Bayshore, New York. [BN]
The Plaintiff is represented by:
Andrea E. Batres, Esq.
BELL LAW GROUP, PLLC
116 Jackson Avenue
Syosset, NY 11791
Telephone: (516) 280-3008
Facsimile: (212) 656-1845
E-mail: ab@belllg.com
BRIGHTLINE INC: Fails to Secure Patients' Info, Rosa Claims
-----------------------------------------------------------
TERRANCE ROSA and RYAN WATSON, individually and on behalf of all
others similarly situated, Plaintiffs v. BRIGHTLINE, INC.,
Defendant, Case No. 3:23-cv-02132 (N.D. Cal., May 2, 2023) is a
class action against the Defendant for negligence, negligence per
se, unjust enrichment, and breach of implied contract.
The case arises from the Defendant's failure to protect the
personally identifying information and personal health information
of the Plaintiffs and similarly situated patients or employees
following a data breach on its network systems between January 28,
2023 and January 30, 2023. The unauthorized access occurred due to
the Defendant's inadequate security and maintenance of its network,
platform, and software. Furthermore, after the data breach, the
Defendant failed to provide timely notice to the affected
Plaintiffs and Class members, thereby exacerbating their injuries.
The Plaintiffs and Class members are now at a higher risk identity
theft and other crimes, the suit claims.
Brightline, Inc. is a technology-enabled behavioral health care
company, with its principal place of business in San Mateo,
California. [BN]
The Plaintiffs are represented by:
John A. Yanchunis, Esq.
Marcio W. Valladares, Esq.
Ra O. Amen, Esq.
MORGAN & MORGAN
COMPLEX LITIGATION GROUP
201 North Franklin Street, 7th Floor
Tampa, FL 33602
Telephone: (813) 223-5505
Facsimile: (813) 223-5402
E-mail: JYanchunis@forthepeople.com
MValladares@forthepeople.com
RAmen@forthepeople.com
- and -
Michael F. Ram, Esq.
Marie N. Appel, Esq.
MORGAN & MORGAN, P.A.
711 Van Ness Avenue, Suite 500
San Francisco, CA 94102
Telephone: (415) 358-6913
Facsimile: (415) 358-6923
E-mail: MRam@forthepeople.com
MAppel@forthepeople.com
BUILDERS SOURCE: Herranz, Vizcaino Seek Proper Overtime Pay
-----------------------------------------------------------
Noel Herranz, Dimas A. Vizcaino, and other similarly situated
individuals, Plaintiffs v. Builders Source LLC, Defendant, Case No.
6:23-cv-00793 (M.D. Fla., April 28, 2023) arises out of the
Defendant's violations of the Fair Labor Standards Act.
Builders Source employed Plaintiffs Noel Herranz and Dimas Vizcaino
as non-exempted, full-time employees. Herranz was employed by
Defendant from September 12, 2022, to April 03, 2023, or 29 weeks
while Vizcaino was employed by Defendant from February 27, 2023, to
April 11, 2023, or 6 weeks. Herranz and Vizcaino worked as concrete
truck drivers and consistently more than 40 hours weekly. However,
they were not paid for all their overtime hours, says the suit.
Builders Source LLC is a construction company that provides
concrete pouring services to commercial and residential clients.
[BN]
The Plaintiff is represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, PA.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
BVN 16 LLC: Lam Sues Over Tip Policy for Servers and Bartenders
---------------------------------------------------------------
ALLISON LAM, on behalf of herself and all others similarly
situated, Plaintiff v. BVN 16, LLC d/b/a BLACK MARKET BAYSIDE, and
ERICK PASSO, individually, Defendants, Case No. 1:23-cv-21620 (S.D.
Fla., May 1, 2023) arises out of the Defendants' violations of the
Fair Labor Standards Act and the Florida Minimum Wage Act.
The Plaintiff worked for Defendants as a restaurant server and
bartender at the Black Market Bayside restaurant located at 401
Biscayne Blvd., Unit 225-N, Miami, Florida for various workweeks
between on or about August 4, 2021, and on or about October 10,
2021. Allegedly, the Defendants fully retained tips taken from
servers and bartenders during the previous three years.
Accordingly, they violated the Section 216(b) of the FLSA by
retaining a portion of the tips earned by Plaintiff and members of
the collective, says the suit.
BVN 16 LLC was a Florida limited liability company operating and
transacting business within Miami-Dade County, Florida. It owned,
operated, and controlled the Black Market Bayside Restaurant
located in Miami. [BN]
The Plaintiff is represented by:
Jordan Richards, Esq.
Michael V. Miller, Esq.
Jake S. Blumstein, Esq.
USA EMPLOYMENT LAWYERS - JORDAN RICHARDS, PLLC
1800 SE 10th Ave, Suite 205
Fort Lauderdale, FL 33316
Telephone: (954) 871-0050
E-mail: Jordan@jordanrichardspllc.com
Michael@usaemploymentlawyers.com
Jake@jordanrichardspllc.com
catherine@usaemploymentlawyers.com
CERTUS HEALTHCARE: Wesel Suit Seeks Over Unpaid Overtime Wages
--------------------------------------------------------------
MARGIE WESEL, individually and on behalf of all others similarly
situated, Plaintiff v. CERTUS HEALTHCARE MANAGEMENT, LLC,
Defendant, Case No. 2:23-cv-01479-MHW-KAJ (S.D. Ohio, May 1, 2023)
is a class action against the Defendant for failure to pay overtime
wages in violation of the Fair Labor Standards Act of 1938, the
Ohio Minimum Fair Wage Standards Act, and the Ohio Prompt Pay Act.
Ms. Wesel worked as a non-exempt employee at Certus Healthcare's
facility located at 1136 Adair Avenue, Zanesville, Ohio from
approximately September 2022 until April 28, 2023.
Certus Healthcare Management, LLC is a healthcare provider located
in Ohio. [BN]
The Plaintiff is represented by:
Daniel I. Bryant, Esq.
BRYANT LEGAL, LLC
1550 Old Henderson Road, Suite 126
Columbus, OH 43220
Telephone: (614) 704-0546
Facsimile: (614) 573-9826
E-mail: dbryant@bryantlegalllc.com
COMPASS GROUP USA: Baldwin Suit Transferred to E.D. Missouri
------------------------------------------------------------
The case styled as Brian Baldwin, on behalf of himself and all
others similarly situated v. Compass Group USA, Inc. doing business
as: Canteen, Case No. 5:22-cv-03644 was transferred from the U.S.
District Court for the District of South Carolina, to the U.S.
District Court for the Eastern District of Missouri on May 1,
2023.
The District Court Clerk assigned Case No. 4:23-cv-00568-JAR to the
proceeding.
The nature of suit is stated as Other Contract for Breach of
Contract.
Compass Group North America -- https://www.compass-usa.com/ -- is
the leading foodservice and support services company and retails
prepared foods and drinks for on-premise consumption.[BN]
The Plaintiff is represented by:
Graham Lee Newman, Esq.
CHAPPELL CHAPPELL AND NEWMAN ATTORNEYS LLC
Post Office Box 61170
Columbia, SC 29260
Phone: (803) 233-7050
Fax: (803) 233-0570
- and -
Mark Dale Chappell, Sr.
CHAPPELL SMITH AND ARDEN
2801 Devine Street, Suite 300
PO Box 12330
Columbia, SC 29205
Phone: (803) 509-5823
Fax: (803) 929-3604
Email: mmorgan@csa-law.com
The Defendant is represented by:
Tara Cloer Sullivan, Esq.
K AND L GATES (CHAS)
134 Meeting Street, Suite 500
Charleston, SC 29401
Phone: (813) 227-5516
Email: tara.sullivan@klgates.com
CONSTRUCION PACHITO: Zavala Sues Over Unpaid Wages, Retaliation
---------------------------------------------------------------
Dayana Zavala, Ricardo Hernandez, and other similarly situated
individuals, Plaintiffs v. Construcion Pachito Martinez LLC, and
Victor M. Martinez Dominguez, individually, Defendants, Case No.
2:23-cv-00300 (M.D. Fla., April 29, 2023) is an action brought by
the Plaintiff to recover from the Defendant monetary damages for
unpaid regular and overtime wages and for retaliation under the
Fair Labor Standards Act.
The Plaintiffs were employed by the Defendants as non-exempted,
full-time employees approximately between March 1, 2022, and March
17, 2023, or 54 weeks. They were hired to work laying underground
cables and pipes.
Construction Pachito Martinez LLC is a construction company
providing construction services to commercial and residential
customers.[BN]
The Plaintiffs are represented by:
Zandro E. Palma, Esq.
ZANDRO E. PALMA, P.A.
9100 S. Dadeland Blvd. Suite 1500
Miami, FL 33156
Telephone: (305) 446-1500
Facsimile: (305) 446-1502
E-mail: zep@thepalmalawgroup.com
CREDIT ONE: Foulkes Sues Over Illegal Debt Collection Practices
---------------------------------------------------------------
ZOYA FOULKES, individually and behalf of all those similarly
situated, Plaintiff v. CREDIT ONE FINANCIAL D/B/A CREDIT ONE BANK,
Defendant, Case No. CACE-23-013071 (Fla. Cir., 17th Jud., Broward
Cty., April 28, 2023) alleges that the defendant has violated the
Florida Consumer Collection Practices Act.
The Defendant allegedly sent an electronic communication to
Plaintiff in connection with the collection of a consumer debt
between the hours 9:00 PM and 8:00 AM in the time zone of Plaintiff
in violation of the FCCPA.
Credit One Financial is a corporation, with its principal place of
business located in Las Vegas, NV. [BN]
The Plaintiff is represented by:
Shannon E. Gilvey,Esq.
Jibrael S. Idndi, Esq.
Jennifer G. Simil, Esq.
THE LAW OFFICES OF JIBRAEL S. HINDI
110 SE 6th Street, Suite 1744
Fort Lauderdale, FL 33301
Telephone: (954) 907-1136
Facsimile: (855) 529-9540
E-mail: shannon@jibraellaw.com
jibrael@jibraellaw.com
jen@jibraellaw.com
D&R PAVING LLC: Fails to Overtime Wages, Gomez Suit Alleges
-----------------------------------------------------------
SEGUNDO GOMEZ individually and on behalf of others similarly
situated Plaintiffs v. D&R PAVING LLC and DANIEL THOMAS,
Defendants, Case No. 2:23-cv-02407 (D.N.J., May 1, 2023) arises out
of the Defendants' alleged violations of the Fair Labor Standards
Act and the New Jersey State Wage and Hour Law.
Plaintiff Segundo Gomez was employed by Defendant as a laborer at
the D&R PAVING LLC from on or about 2018 until December 9, 2022. He
was paid $22 per hour in 2018, $20 per hour from 2019 until 2020,
and $22 per hour from April 2021 until 2022, and was not paid any
overtime, despite working 50 to 90 hours per week. Among other
things, the Defendants willfully disregarded and purposefully
evaded the record-keeping requirements of the FLSA and NJWHL by
intentionally failing to maintain accurate and complete timesheets
and payroll records. Accordingly, Gomez seeks to recover unpaid
overtime compensation, liquidated damages, prejudgment and
post-judgment, and/or attorneys' fees and costs, says the suit.
D&R PAVING LLC is a corporate entity principally engaged in the
food services industry. It is located at 5 Bowling Green Pkwy Ste A
#115 Lake Hopatcong, New Jersey. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL P.C.
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
Website: www.stillmanlegalpc.com
DELTA AIR LINES: Clampet Suit Removed to S.D. Florida
-----------------------------------------------------
The case styled as Holly Clampet, on behalf of herself and all
others similarly situated v. Delta Air Lines, Inc., Case No.
CACE-23-010060 was removed from the 17th Judicial Circuit, to the
U.S. District Court for the Southern District of Florida on May 1,
2023.
The District Court Clerk assigned Case No 0:23-cv-60799-AHS to the
proceeding.
The nature of suit is stated as Other Contract.
Delta Air Lines -- https://www.delta.com/ -- is one of the major
airlines of the United States and a legacy carrier.[BN]
The Plaintiff is represented by:
Alec Huff Schultz, Esq.
HILGERS GRABEN PLLC
1221 Brickell Avenue, Suite 900
Miami, FL 33131
Phone: (305) 630-8304
Email: aschultz@hilgersgraben.com
The Defendants are represented by:
Denise Brody Crockett, Esq.
Lazaro Fernandez, Jr., Esq.
STACK FERNANDEZ & HARRIS, P.A.
1001 Brickell Bay Drive, Suite 2650
Miami, FL 33131
Phone: (305) 371-0001
Fax: (305) 371-0002
Email: dcrockett@stackfernandez.com
lfernandez@stackfernandez.com
- and -
David L. Balser, Esq.
Julia C. Barrett, Esq.
KING & SPALDING LLP
1180 Peachtree Street, NE Suite 1600
Atlanta, GA 30309
Phone: (404) 572-4600
Email: dbalser@kslaw.com
jbarrett@kslaw.com
DINE BRANDS GLOBAL: Hernandez Files Suit in S.D. California
-----------------------------------------------------------
A class action lawsuit has been filed against Dine Brands Global,
Inc. The case is styled as Gabriella Hernandez, individually and on
behalf of all others similarly situated v. Dine Brands Global,
Inc., Case No. 3:23-cv-00786-BEN-BGS (S.D. Cal., May 1, 2023).
The nature of suit is stated as Other Statutory Actions for
Wrongful Disclosure of Video Tape Rental or Sales Records.
Dine Brands Global -- https://www.dinebrands.com/en -- is one of
the world's largest full service restaurant companies in the world,
and franchises two iconic brands, Applebee's and IHOP.[BN]
The Plaintiff is represented by:
Scott J. Ferrell, Esq.
PACIFIC TRIAL ATTORNEYS APC
4100 Newport Place Drive Suite 800
Newport Beach, CA 92660
Phone: (949) 706-6464
Fax: (949) 706-6469
Email: sferrell@pacifictrialattorneys.com
DISTRICT OF COLUMBIA: V.C., et al., Seek Class Certification
------------------------------------------------------------
In the class action lawsuit captioned as V.C., et al., v. DISTRICT
OF COLUMBIA, Case No. 1:23-cv-01139-CKK (D.D.C.), the Plaintiffs
ask the Court to enter an order certifying the class under Rule
23(b)(2) and appointing the Plaintiffs' counsel as class counsel
pursuant to Rule 23(g).
The Plaintiffs seek a declaration that the Defendant violated the
Plaintiffs' rights under the Fifth and Eighth Amendments to the
U.S. Constitution and an injunction requiring the Defendant's
agents, employees, and all persons acting in concert with or on
behalf of the Defendant to cease their unconstitutional and
unlawful practices.
The Defendant District of Columbia fails to provide
constitutionally adequate health care in its primary detention
facilities, the Central Detention Facility and the Correctional
Treatment Facility. Each of the individual the Plaintiffs and
members of the putative class have serious medical conditions, but
The Defendant has denied them basic medical care, including access
to medical specialists, prescribed medications, and medical
supplies.
The putative class consists of persons who are or will be
incarcerated by the Defendant who have serious medical needs. All
of the members of that population are persons who are, or who will
be in the future, committed to the Defendant's custody. All members
risk being subjected to a systemically dysfunctional and deficient
health care program that routinely results in people with serious
medical needs being unable to access necessary medical care, in
violation of the Fifth Amendment and Eighth Amendments.
V.C. suffers from multiple serious medical conditions, including
congestive heart failure, prediabetes, gastroesophageal reflux
disease, and hypertension.
The Defendant maintains the Jail where approximately 1,400 people
are incarcerated.
A copy of the Plaintiffs' motion dated April 27, 2023 is available
from PacerMonitor.com at https://bit.ly/3LUBFtR at no extra
charge.[CC]
The Plaintiffs are represented by:
Dennis A. Corkery, Esq.
Jacqueline Kutnik-Bauder, Esq.
Kristin McGough, Esq.
Laura Graham, Esq.
WASHINGTON LAWYERS’ COMMITTEE FOR
CIVIL RIGHTS & URBAN AFFAIRS
700 14th St. NW, Ste. 400
Washington, DC 20005
Telephone: (202) 319-1000
E-mail: dennis_corkery@washlaw.org
Jacquelinw_kutnik-bauder@washlaw.org
Kristin_mcgough@washlaw.org
laura_graham@washlaw.org
- and -
John A. Freedman, Esq.
John R. Sabacinski, Esq.
ARNOLD & PORTER KAYE SCHOLER LLP
601 Massachusetts Ave., N.W.
Washington, D.C. 20001
Telephone: (202) 942-5000
E-mail: John.Freedman@arnoldporter.com
John.Sabacinski@arnoldporter.com
DOLLAR GENERAL: Bid to Strike Class Claims Withdrawn w/o Prejudice
------------------------------------------------------------------
In the class action lawsuit captioned as WOLF, et at., v. DOLLAR
GENERAL CORPORATION, et al., Case No. 7:23-cv-00558-PMH (S.D.N.Y.),
the Hon. Judge Philip M. Halpern entered an order that the
Defendants' motion to strike class allegations was withdrawn
without prejudice to raising the issue when and if a class
certification motion is made.
Additionally, the Plaintiffs' first claim for relief was withdrawn
without prejudice, and the Court construed the allegations therein
as supplementing the basis for allegations in the Plaintiffs’
second claim for relief.
The Court directed:
(1) The parties to, by May 12, 2023, meet and confer concerning
the
basis on which to continue to maintain the action against
Dollar General Corporation and Dolgencorp of Texas;
(2) the Plaintiffs to, by May 12, 2023, amend their Complaint
with
respect to the matters discussed herein; and
(3) the Defendants' time to move, answer, or otherwise respond
to
the Amended Complaint be extended to June 2, 2023.
Dollar General is an American chain of variety stores headquartered
in Goodlettsville, Tennessee.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/3AT8p06 at no extra charge.[CC]
DOMINICAN REPUBLIC: Unscathed From Int'l Inflation, Contreras Says
------------------------------------------------------------------
Dominican Today reports that Minister of Economy, Planning, and
Development, Pavel Isa Contreras, stated that the Dominican
Republic has managed to emerge unscathed from international
inflation aggravated by the conflict between Russia and Ukraine.
The government has sacrificed investments and a set of issues to
prevent the rise in prices of the products of the basic basket,
which has helped reduce inflation. Contreras also mentioned that
the country has reduced the effects of the COVID-19 pandemic to a
minimum, according to Dominican Today.
Contreras announced the celebration of the second edition of
Development Dialogues, scheduled for May 9, where the Vice
President of the Republic, Raquel Pena, will participate, the
report notes. The purpose of the event is to reach a consensus on
the development model that the country wants, according to
Contreras, the report relays. The minister stated that productive
development will not be possible without the participation of the
population, the report discloses.
The minister emphasized the ministry's commitment to accompanying
municipalities to prevent land with agricultural vocation from
being urbanized. Additionally, the state will not promote projects
that affect said territories, the report says. Contreras informed
that the results of the tenth National Population and Housing
Census will be presented by July or August of this year, the report
relays. The coverage survey of the uprising is currently underway,
the report discloses.
The event will be moderated by Isa Contreras and will include
Mileyka Brugal, the president of the Board of Directors of the
Puerto Plata Chamber of Commerce; Santiago Alvarez, the executive
director of the Strategic Development Plan of the Espaillat
province; Fernando Capellan, the president of the Association for
the Development of Santiago, and researcher Rafael Emilio Yunen,
the report notes. The dialogue aims to reach a consensus on the
national and regional development model that the country wants, and
Contreras established this activity as interactive, transparent,
and close spaces for all participants to express their views, the
report relays.
About Dominican Republic
The Dominican Republic is a Caribbean nation that shares the island
of Hispaniola with Haiti to the west. Capital city Santo Domingo
has Spanish landmarks like the Gothic Catedral Primada de America
dating back 5 centuries in its Zona Colonial district. Luis Rodolfo
Abinader Corona is the current president of the nation.
TCRLA reported in April 2019 that the Dominican To related that
Juan Del Rosario of the UASD Economic Faculty cited a current
economic slowdown for the Dominican Republic and cautioned that if
the trend continues, growth would reach only 4% by 2023. Mr. Del
Rosario said that if that happens, "we'll face difficulties in
meeting international commitments."
An ongoing concern in the Dominican Republic is the inability of
participants in the electricity sector to establish financial
viability for the system.
Fitch Ratings, in December 2021, revised the Outlook on Dominican
Republic's Long-Term Foreign-Currency Issuer Default Rating (IDR)
to Stable from Negative and affirmed the IDRs at 'BB-'.The
revision of the Outlook to Stable reflects the narrowing of
Dominican Republic's government deficit and financing needs since
Fitch's last review resulting in the stabilization of the
government debt/GDP ratio, as well as the investment-driven
economic momentum, reflected in the faster-than-expected economic
recovery in 2021 that Fitch expects to carry into above-potential
GDP growth during 2022 and 2023.
Standard & Poor's, also in December 2021, revised its outlook on
the Dominican Republic to stable from negative.S&P also
affirmed its 'BB-' long-term foreign and local currency sovereign
credit ratings and its 'B' short-term sovereign credit ratings. The
stable outlook reflects S&P's expectation of continued favorable
GDP growth and policy continuity over the next 12 to 18 months that
will likely stabilize the government's debt burden, despite lack of
progress with broader tax reforms, S&P said.A rapid economic
recovery from the downturn because of the pandemic should mitigate
external and fiscal risks.
Moody's affirmed the Dominican Republic's long-term issuer and
senior unsecured ratings at Ba3 and maintained the stable outlook
in March 2021.
DONALD TRUMP: Initial Approval of Class Action Settlement Sought
----------------------------------------------------------------
In the class action lawsuit captioned as JESSICA DENSON,
Individually and on Behalf of All Others Similarly Situated, v.
DONALD J. TRUMP FOR PRESIDENT, INC., Case No. 1:20-cv-04737-PGG
(S.D.N.Y.), the Parties ask the Court to enter an order granting
preliminary approval of a class action settlement pursuant to
Federal Rule of Civil Procedure 23(e).
A copy of the Parties' motion dated April 28, 2023 is available
from PacerMonitor.com at https://bit.ly/3VxDqjR at no extra
charge.[CC]
The Plaintiff is represented by:
Joseph Slaughter, Esq.
BALLARD SPAHR LLP
1675 Broadway, 19th Floor
New York, NY 10019
Telephone: (212) 850-6103
Facsimile: (212) 223-1942
E-mail: slaughterj@ballardspahr.com
ENERGIZER HOLDINGS: Copeland Sues Over Price Inflation of Batteries
-------------------------------------------------------------------
DON COPELAND, JOSEPH MURRAY, CAROL SMITH, PATRICK WHITNEY, PHILLIP
HAGUE, DENISE FOTIS, ROXANN DORIOTT, BRUCE MIMS, LORI ABLY, TIMOTHY
BROWN, PETER COSTAS, AND MIKE BALLARD, on behalf of themselves and
those similarly situated, Plaintiffs v. ENERGIZER HOLDINGS, INC.;
AND WAL-MART, INC., Defendants, Case No. 3:23-cv-02087 (N.D. Cal.,
April 28, 2023) arises out of the Defendants' alleged violations of
the Sherman Act, and state antitrust and consumer protection laws.
The Plaintiffs allege that Energizer has an agreement with Walmart
to inflate its wholesale prices for Energizer Battery Products to
its direct purchasers who compete with Walmart. Direct purchasers
from Energizer compete with Walmart to sell Energizer Battery
Products at retail. The resulting wholesale price inflation enabled
Walmart to elevate its retail prices for Energizer Battery Products
above competitive levels. Energizer's inflated prices forced other
direct purchasers to charge higher retail prices than they
otherwise would have, thus passing on those wholesale price
increases to consumers, says the suit.
Energizer Holdings, Inc. is a leading manufacturer of disposable
batteries based in St. Louis, MO. Meanwhile, Wal-Mart Inc. is the
largest company in the world by revenue and operates thousands of
retail stores in the US. It is headquartered in Bentonville, AR.
Walmart's Global e-Commerce division is based in San Bruno, CA.
[BN]
The Plaintiffs are represented by:
Daniel H. Silverman, Esq.
COHEN MILSTEIN SELLERS & TOLL PLLC
769 Centre Street, Suite 207
Boston, MA 02130
Telephone: (202) 408-4600
E-mail: dsilverman@cohenmilstein.com
- and -
Sarah Grossman-Swenson, Esq.
Kimberley C. Weber, Esq.
MCCRACKEN STEMERMAN & HOLSBERRY, LLP
475 14th Street, Suite 1200
Oakland, CA 94612
Telephone: (415) 597-7200
E-mail: sgs@msh.law
kweber@msh.law
ENERGIZER HOLDINGS: Gerber Sues Over Price Fixing of Batteries
--------------------------------------------------------------
STEPHEN GERBER, on behalf of himself and all others similarly
situated, Plaintiff v. ENERGIZER HOLDINGS, INC. and WALMART INC.,
Defendants, Case No. 1:23-cv-03294 (E.D.N.Y., May 1, 2023) alleges
that the Defendants allegedly violated federal and state antitrust
laws by taking two-pronged approach in an overarching conspiracy to
fix, raise, stabilize, or otherwise illegally impact prices.
According to the complaint, the Defendants' conduct has caused
consumers to pay supracompetitive prices for Energizer's disposable
batteries. To advance the goal of reaping supracompetitive profits
from the conspiracy, and to protect Walmart's sale of Energizer's
disposable batteries, Energizer created a team known internally as
"Project Atlas." Project Atlas policed Energizer's non-Walmart
customers' retail prices. If these competitors tried to undercut
Walmart on price for Energizer's disposable batteries, they would
be admonished by Energizer. This corrupted any competition within
the relevant market for disposable batteries at any store that sold
Energizer's disposable batteries other than Walmart, thereby
depriving consumers of choice, quality, and the ability to shop
around for better prices, the suit contends.
Energizer Holdings, Inc., a leading manufacturer of disposable
batteries, is based in Missouri. [BN]
The Plaintiff is represented:
Israel David, Esq.
Blake Hunter Yagman, Esq.
ISRAEL DAVID LLC
17 State Street, Suite 4010
New York, NY 10004
Telephone: (212) 739-0622
Facsimile: (212) 739-0628
E-mail: israel.david@davidllc.com
blake.yagman@davidllc.com
EQUINOX HOLDINGS: Rothman Must File Class Cert Bid by Sept. 4
-------------------------------------------------------------
In the class action lawsuit captioned as JASON ROTHMAN,
Individually and on Behalf of All Others Similarly Situated, v.
EQUINOX HOLDINGS, INC. and DOES 1 through 100, inclusive, Case No.
2:20-cv-09760-CAS-MRW (C.D. Cal.), the Hon. Judge Christina A.
Snyder entered an order that:
1. The Plaintiff shall file a Motion for Class Certification on
or
before September 4, 2023;
2. The Defendant shall file its Opposition to the Motion for
Class
Certification on or before November 6, 2023; and
3. The Plaintiff shall file any Reply in support of Motion for
Class Certification on or before December 21, 2023.
Equinox is an American luxury fitness company which operates
several lifestyle brands: Equinox, Equinox Hotels, Precision Run,
Project by Equinox, Equinox Explore, Equinox Media, Furthermore,
Pure Yoga, Blink Fitness, and SoulCycle.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/42hZEZL at no extra charge.[CC]
EXPRESS LIEN: More Time to File Class Cert Bid Sought in Williams
-----------------------------------------------------------------
In the class action lawsuit captioned as GRACE L. WILLIAMS, on
behalf of herself and all others similarly situated, v. EXPRESS
LIEN, INC. dba Levelset, Case No. 1:21-cv-04611-TWT-LTW (N.D. Ga.),
the Parties jointly request the Court that the deadline for the
filing of the motion for class certification or other appropriate
motion (including a motion to remand) shall be extended for a
period of 14 days through and including May 12, 2023.
On March 31, 2023, the Court entered an Order granting an extension
of time for The Plaintiff to "file her Motion for Class
Certification or other appropriate motion (including a motion to
remand to the State Court of Cobb County) on or before April 28,
2023." This deadline is set to expire today. The parties have
continued to work diligently on the details of the settlement
agreement and are awaiting final approvals of the documents.
The current settlement agreement envisions that the parties will
file a joint motion for remand to the State Court of Cobb County,
and that the class settlement would be subject to the approval and
administration in that Court.
Express Lien provides construction technology platform.
A copy of the Court's order the Parties' motion dated April 28,
2023 is available from PacerMonitor.com at https://bit.ly/3Vv18go
at no extra charge.[CC]
The Plaintiff is represented by:
James M. Feagle, Esq.
SKAAR & FEAGLE, LLP
133 Mirramont Lake Drive
Woodstock, GA 30189
Telephone: (770) 427-5600
Facsimile: (404) 601-1855
E-mail: jfeagle@skaarandfeagle.com
The Defendant is represented by:
David J. Forestner, Esq.
JONES WALKER LLP
1360 Peachtree Street NE Suite 1030
Atlanta, GA 30309
Telephone: 404-870-7500
E-mail: dforestner@joneswalker.com
FADA GROUP: Faces Xue Suit Over Fraudulent Tax Information Forms
----------------------------------------------------------------
YAN QUN XUE, on behalf of himself and others similarly situated,
Plaintiff v. FADA GROUP INC., d/b/a Sogo, MARK HUO, and JUN LI,
Defendants, Case No. 2:23-cv-02371 (D.N.J., April 28, 2023) is an
action brought by the Plaintiff under the Internal Revenue Code for
relief, damages, and fees in this matter because Defendants
willfully filed fraudulent tax information forms with the Internal
Revenue Service.
According to the complaint, the Defendants reported fraudulent
information to the IRS by filing the Form W-2 with false
information regarding the payments of wages to Plaintiff. As
Defendants willfully filed fraudulent information returns, the
Plaintiff is entitled to damages in an amount equal to the greater
of $5,000 or the sum of any actual damages sustained by Plaintiff,
costs of the action and reasonable attorneys' fees, asserts the
complaint.
The Plaintiff was a resident of Queens County, New York and was
employed by Defendants from 2010 to 2021 to work as a chef.
FADA GROUP INC., d/b/a Sogo, is a domestic business corporation
organized under the laws of the state of New Jersey.[BN]
The Plaintiff is represented by:
Aaron Schweitzer, Esq.
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
E-mail: troylaw@troypllc.com
FEDERAL BUREAU: Martin Files Bid for Class Certification
--------------------------------------------------------
In the class action lawsuit captioned as LINDA MARTIN, v. FEDERAL
BUREAU OF INVESTIGATION, and CHRISTOPHER WRAY, in his official
capacity as Director of the Federal Bureau of Investigation (FBI),
Case No. 1:23-cv-00618-APM (D.D.C.), the Plaintiff Linda Martin
moves the Court to certify this case as a class action pursuant to
Federal Rules of Civil Procedure 23(a) and (b)(2) and Local Rule
23.1(b) of the United States District Court for the District of
Columbia and asks that the following class be certified:
"All persons (1) who received a Notice from the FBI during the
past six years or who will receive a Notice from the FBI in
the
future; (2) whose property has not been returned to them; and
(3)
whose property has not been made subject of a complaint for
forfeiture in a United States District Court."
This putative class action asks the Court to decide whether the FBI
can take and forfeit property from people without ever telling them
why. Every day, the FBI sends boilerplate forfeiture notices from
its headquarters in Washington, D.C., to people across the country
like the Plaintiff Linda Martin.
In those notices, the FBI states only when and where the property
was seized and that it is allegedly forfeitable under one of
hundreds of different federal laws. But it never identifies a
specific crime the FBI claims has been committed, let alone how the
person receiving the notice is allegedly connected to that crime.
As a result, Linda is now moving to certify the following class
under Rule 23(b)(2): All persons (1) who received a Notice from the
FBI during the past six years or who will receive a Notice from the
FBI in the future; (2) whose property has not been returned to
them; and (3) whose property has not been made subject of a
complaint for forfeiture in a United States District Court.
FBI is the domestic intelligence and security service of the United
State.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/3nw8JPh at no extra charge.[CC]
The Plaintiff is represented by:
Robert M. Belden, Esq.
Keith Neely, Esq.
Robert Frommer, Esq.
INSTITUTE FOR JUSTICE
901 N. Glebe Road, Suite 900
Arlington, VA 22203
Telephone: (703) 682-9320
Facsimile: (703) 682-9321
E-mail: rbelden@ij.org
kneely@ij.org
rfrommer@ij.org
FEDERAL SAVINGS: Sapan Must File Class Cert Bid by April 22, 2024
-----------------------------------------------------------------
In the class action lawsuit captioned as PAUL SAPAN, v. THE FEDERAL
SAVINGS BANK, Case No. 8:23-cv-00075-CJC-ADS (C.D. Cal.), the Hon.
Judge Cormac J. Carney entered a scheduling order as follows:
-- All discovery, including discovery Sept. 19, 2024
motions, shall be completed by:
-- The parties shall have until Nov. 18, 2024
to file and have heard all
other motions, including motions
to join or amend the pleadings:
-- A pretrial conference will be held Jan. 13, 2025
On:
-- The case is set for a jury trial: Jan. 28, 2025
-- The parties shall have until Oct. 3, 2024
to conduct settlement proceedings:
-- The Plaintiff shall have until April 22, 2024
to file and have heard any
class certification motion:
Federal Savings is a veteran-owned, federally chartered bank with a
focus on educating our customers about the mortgage process.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3NF4xr5 at no extra charge.[CC]
FIDELITY NATIONAL: Continues to Defend Palm Bay Police Class Suit
-----------------------------------------------------------------
Fidelity National Information Services, Inc. disclosed in its Form
10-Q Report for the quarterly period ending March 31, 2023 filed
with the Securities and Exchange Commission on May 2, 2023, that
the Company continues to defend itself from the Palm Bay Police
class suit in the United States District Court for the Middle
District of Florida.
On March 6, 2023, a complaint captioned Palm Bay Police and
Firefighters' Pension Fund v. Fidelity National Information
Services, Inc., et al., was filed in the United States District
Court for the Middle District of Florida by a shareholder of the
Company.
This putative class action, which names the Company and certain of
its current and former officers as defendants, seeks damages for
alleged violations of federal securities laws in connection with
its disclosures relating to its Merchant Solutions segment.
Plaintiff seeks to represent a class consisting of all persons who
purchased the Company's common stock between February 9, 2021, and
February 10, 2023.
While the Company believes the case is without merit, no assurance
can be given as to its ultimate outcome. It intends to contest them
vigorously.
Fidelity National provides technology products and services for
financial institutions and businesses worldwide.[BN]
FIDELITY NATIONAL: Faces Putative Class Suit
--------------------------------------------
Fidelity National Information Services, Inc. disclosed in its Form
10-Q Report for the quarterly period ending March 31, 2023 filed
with the Securities and Exchange Commission on May 2, 2023, that
the Company faces putative class suit.
A putative class action complaint, making many of the same
allegations, was filed on April 28, 2023, seeking damages on behalf
of a class consisting of all persons who purchased the Company's
common stock between May 7, 2020, and February 10, 2023.
While the Company believes the case is without merit, no assurance
can be given as to its ultimate outcome. It intends to contest them
vigorously.
Fidelity National provides technology products and services for
financial institutions and businesses worldwide.[BN]
GANNETT COMPANY: Filing of Class Cert. Bid Due May 31, 2024
-----------------------------------------------------------
In the class action lawsuit captioned as Belozerov v. Gannett
Company, Inc., Case No. 4:22-cv-10838 (D. Mass.), the Hon. Judge
entered a scheduling order as follows:
-- Status Conference set for: March 5, 2024
-- Fact Discovery to be completed Feb. 1, 2024
by:
-- Motions for class certification May 31, 2024
due by:
-- Oppositions due by: Aug. 15, 2024
-- Reply due by: Sept. 30, 2024
The nature of suit states other statutes - other statutory
actions.
Gannett is an American mass media holding company headquartered in
Tysons, Virginia, in the Washington, D.C., metropolitan area.[CC]
GEICO: Benvenutti Bid for FLSA Conditional Certification OK'd
-------------------------------------------------------------
In the class action lawsuit captioned as AMALIA BENVENUTTI, On
Behalf Of Herself and All Others Similarly Situated, v. GEICO
GENERAL INSURANCE COMPANY d/b/a GEICO, et al., Case No.
5:22-cv-00182-MTT (M.D. Ga.), the Hon. Judge Marc T. Treadwell
entered an order granting Benvenutti's motion for conditional
certification.
-- The Court conditionally certifies this case as a collective
action and authorizes the Plaintiff to send notice, in
accordance with this Order, to the following individuals:
"All current and former Service Representatives who worked
for
GEICO and were managed out of the GEICO Macon, Georgia call
center at any time since March 1, 2020."
Within 14 days of the entry of this Order, GEICO shall provide
counsel for the Plaintiff with the names, last known mailing
addresses, last known email addresses, and last known telephone
numbers of all class individuals.
The Plaintiff's counsel, or a third-party designated by the
Plaintiff's Counsel, shall distribute, via U.S. Mail and email, the
Court-authorized Notice and Consent Form. Each Notice sent by U.S.
Mail shall be accompanied by a prepaid, pre-addressed return
envelope. No other material shall accompany the Notice.
No later than seven days after the Notice has been sent via U.S.
Mail and email, counsel for the Plaintiff shall file with the Court
a notice certifying that the Notice has been sent consistent with
this Order and identifying the date of mailing.
The Plaintiff Amalia Benvenutti on behalf of herself and all other
current and former Service Representatives at GEICO’s Macon,
Georgia call center—brings this action under the Fair Labor
Standards Act (FLSA), against GEICO.
Benvenutti alleges GEICO failed to pay Service Representatives for
all hours worked in violation of FLSA, and that her manager
retaliated against her in violation of FLSA's anti-retaliation
provision.
GEICO offers vehicle, property, motorcycle, boat, homeowners,
flood, mobile home, general liability, and pet insurance.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/3HBMT3R at no extra charge.[CC]
GENERAL MOTORS: Class Cert Bid Filing Due August 25
---------------------------------------------------
In the class action lawsuit captioned as Awalt v. General Motors
LLC, Case No. 1:21-cv-10111 (D. Mass.), the Hon. Judge George A.
Otoole, Jr. entered an order adopting the following schedule:
-- Deadline for amending the pleadings: May 26, 2023
-- Deadline for completion of fact June 29, 2023
discovery, including depositions:
-- The Plaintiff to designate experts June 29, 2023
and serve expert reports, if any:
-- GM to designate experts and serve July 27, 2023
expert reports, if any:
-- The Plaintiff to designate rebuttal Aug. 10, 2023
experts and serve reports, if any:
-- Deadline for plaintiff to file Aug. 25, 2023
motion for class certification,
deadline for parties to file any
motions for summary judgment,
deadline for parties to file any
motion to exclude experts:
-- Deadline for GM to file response Oct. 6, 2023.
to motion for class certification,
deadline for parties to file any
responses to motions for summary
judgment, deadline for parties to
file any responses to any motions
to exclude experts:
-- Reply briefs to any such motions: Nov. 10, 2023
The nature of suit states Diversity -- Motor Vehicle Product
Liability.
General Motors is an American multinational automotive
manufacturing company headquartered in Detroit, Michigan, United
States.
A copy of the Court's order dated April 28, 2023, is available from
PacerMonitor.com at at no extra charge.[CC]
GRAND CANYON: Continues to Defend HERS Securities Class Suit
------------------------------------------------------------
Grand Canyon Education Inc. disclosed in its Form 10-Q Report for
the quarterly period ending March 31, 2023 filed with the
Securities and Exchange Commission on May 2, 2023, that the Company
continues to defend the City of Hialeah Employees' Retirement
System securities class suit in the U.S. District Court for the
District of Delaware.
On May 12, 2020, a securities class action complaint was filed in
the U.S. District Court for the District of Delaware by the City of
Hialeah Employees' Retirement System naming the Company, Brian E.
Mueller and Daniel E. Bachus as defendants for allegedly making
false and materially misleading statements regarding the
circumstances surrounding the Company's sale of Grand Canyon
University (the "University") to a non-profit entity on July 1,
2018 and the subsequent decision of the U.S. Department of
Education to continue to treat the University as a for-profit
institution for education regulatory purposes (collectively, the
"Conversion").
The complaint asserted a putative class period stemming from
January 5, 2018, the date when the Company announced that it had
applied to the University's accreditor for approval of the
Conversion, to January 27, 2020, the date prior to the publication
of a short-seller report focused on the Conversion.
A substantially similar complaint was filed in the same court by
Grant Walsh on June 12, 2020 making similar allegations against the
Company, Mr. Mueller and Mr. Bachus.
Both complaints alleged violations of Sections 10(b) and 20(a) of
the Securities Exchange Act of 1934, as amended, and Rule 10b-5
promulgated thereunder and sought unspecified monetary relief,
interest, and attorneys' fees.
On August 13, 2020, the two cases were consolidated and the Fire
and Police Association of Colorado, the Oakland County Employees'
Retirement System and the Oakland County Voluntary Employees'
Beneficiary Association Trust were appointed as lead plaintiffs.
Thereafter, the plaintiffs filed a consolidated amended complaint
on October 20, 2020 and the Company filed a motion to dismiss on
December 21, 2020.
On August 23, 2021, the Court granted the Company's motion to
dismiss in its entirety but permitted plaintiffs to file a further
amended complaint to correct deficiencies in the initial complaint.
The plaintiffs filed further amended complaints on September 28,
2021 and January 21, 2022, and the Company filed a further motion
to dismiss on March 15, 2022.
On March 28, 2023, the Company's motion to dismiss was denied.
The Company believes that plaintiffs' claims are without merit and
it intends to defend itself in this legal proceeding vigorously.
Grand Canyon is an education services company incorporated in the
State of Delaware.[BN]
GREAT DANE: Birdsall Sues Over Failure to Pay Proper Wages
----------------------------------------------------------
Samantha Birdsall, individually and on behalf of all others
similarly situated v. GREAT DANE LLC, Case No. 1:23-cv-02715 (N.D.
Ill., May 1, 2023), is brought against the Defendant for violations
of the Fair Labor Standards Act (the "FLSA"), and the Arkansas
Minimum Wage Act (the "AMWA"), as a result of the Defendant's
policy and practice of failing to pay proper wages under the FLSA
and the AMWA.
While employed by Defendant, Plaintiff regularly worked over forty
hours in a week. Because of the volume of work required to perform
their jobs, Plaintiff and other Hourly Employees consistently
worked in excess of forty hours per week. In weeks in which
Plaintiff and other Hourly Employees performed work related to
earning an attendance bonus and worked hours over 40, Defendant did
not pay Plaintiff and other Hourly Employees 1.5x their regular
rate of pay for hours worked over 40 in that week. The Plaintiff
and other Hourly Employees are entitled to 1.5x their regular rate
of pay for hours worked over 40 each week. The Defendant has
deprived Plaintiff and other Hourly Employees of overtime
compensation at 1.5x their regular rate of pay for all hours worked
over 40 per week, says the complaint.
The Plaintiff was employed by the Defendant as an Assembly 1
employee from March of 2022 until June of 2022, and then as a
Machine Operator from June of 2022 until September of 2022.
The Defendant manufactures and sells trailers.[BN]
The Plaintiff is represented by:
Josh Sanford, Esq.
SANFORD LAW FIRM, PLLC
Kirkpatrick Plaza
10800 Financial Centre Pkwy, Suite 510
Little Rock, AK 72211
Phone: (501) 221-0088
Facsimile: (888) 787-2040
Email: josh@sanfordlawfirm.com
HANDY TECHNOLOGIES: Cali Suit Removed to C.D. California
--------------------------------------------------------
The case captioned as Bryan Cali, individually and on behalf of all
others similarly situated v. HANDY TECHNOLOGIES, INC., a Delaware
Corporation; and DOES 1-50, inclusive, Case No.
30-2023-01308195-CU-OE-CXC was removed from the Superior Court of
California for the County of Orange, to the United States District
Court for the Central District of California on May 1, 2023, and
assigned Case No. 8:23-cv-00755.
The Complaint asserts the following causes of action on behalf of
the Plaintiff and the putative class against all defendants:
failure to pay wages including overtime, failure to provide meal
periods, failure to provide rest periods, failure to timely pay
upon termination, failure to timely pay wages during employment,
failure to provide accurate wage statements, failure to reimburse
necessary business expenses, failure to pay reporting time pay, and
unfair competition.[BN]
The Defendants are represented by:
JoAnna L. Brooks, Bar No. 182986
Michael W. Nelson, Bar No. 287213
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Phone: 925.932.2468
Fax: 925.946.9809
Email: jbrooks@littler.com
mwnelson@littler.com
HAUS BONSALL: Slade Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Haus Bonsall Inc. The
case is styled as Linda Slade, individually and as the
representative of a class of similarly situated persons v. Haus
Bonsall Inc. doing business as: Simone Fan, Case No. 1:23-cv-03641
(S.D.N.Y., May 1, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Haus Bonsall Inc. doing business as Simone Fan --
https://simonefan.com/ -- offers classic, cozy, chic, post-beach
wear.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
HERBALIFE LTD: Settlement in Rodgers Suit Gets Initial Nod
----------------------------------------------------------
Herbalife Ltd. disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2023 filed with the Securities and Exchange
Commission on May 2, 2023, that the U.S. District Court for the
Central District of California granted preliminary approval of the
settlement in the Rodgers class suit on April 6, 2023.
The settlement is subject to the preliminary and final approval of
the U.S. District Court for the Central District of California. The
preliminary approval hearing took place on October 24, 2022, and
the U.S. District Court for the Central District of California
granted preliminary approval on April 6, 2023.
On September 18, 2017, the Company and certain of its subsidiaries
and Members were named as defendants in a purported class action
lawsuit, titled Rodgers, et al. v Herbalife Ltd., et al. and filed
in the U.S. District Court for the Southern District of Florida,
which alleges violations of Florida's Deceptive and Unfair Trade
Practices statute and federal Racketeer Influenced and Corrupt
Organizations statutes, unjust enrichment, and negligent
misrepresentation.
On August 23, 2018, the U.S. District Court for the Southern
District of Florida issued an order transferring the action to the
U.S. District Court for the Central District of California as to
four of the putative class plaintiffs and ordering the remaining
four plaintiffs to arbitration, thereby terminating the Company
defendants from the Florida action.
The plaintiffs seek damages in an unspecified amount. While the
Company continues to believe the lawsuit is without merit, and
without admitting liability or wrongdoing, the Company and the
plaintiffs have reached a settlement. Under the principal terms of
the settlement, the Company would pay $12.5 million into a fund to
be distributed to qualified claimants.
As of March 31, 2023, this amount has been adequately reserved for
within the Company's condensed consolidated financial statements.
The settlement is subject to the preliminary and final approval of
the U.S. District Court for the Central District of California. The
preliminary approval hearing took place on October 24, 2022, and
the U.S. District Court for the Central District of California
granted preliminary approval on April 6, 2023.
Per the terms of the agreement, Herbalife deposited $12.5 million
into the settlement fund on April 19, 2023.
HISAMITSU AMERICA: Class Certification Bid Filing Due Sept. 11
--------------------------------------------------------------
In the class action lawsuit captioned as CHERI HRAPOFF, JODY
HESSEL, and LAURIE PETITTI individually, and on behalf of all those
similarly situated, v. HISAMITSU AMERICA, INC., Case No.
4:21-cv-01943-JST (N.D. Cal.), the Parties stipulate and agree,
subject to the Court's permission, to a new case schedule as
follows:
Event Proposed Deadline
Class certification motion due: Sept. 11, 2023
The Plaintiffs' class certification Sept. 11, 2023
expert disclosures due:
Class certification opposition due: Oct. 30, 2023
The Defendant's class certification Oct. 30, 2023
expert disclosures due:
The Defendant's class certification Oct. 30, 2023
Daubert motions due:
Class certification reply due: Nov. 27, 2023
On March 29, 2021, the first complaint in this action was filed. On
September 13, 2021, the Plaintiffs filed an amended complaint.
On October 22, 2021, Hisamitsu moved to dismiss the Plaintiffs'
first amended complaint. On June 16, 2022, the Court issued an
order on Hisamitsu's motion to dismiss, granting it in part and
denying it in part.
On August 8, 2022, Hisamitsu answered the Amended Complaint. The
Court issued a scheduling order for the Case on October 11, 2022,
which sets a June 13, 2023, deadline for the Plaintiffs to move for
class certification.
On November 3, 2022, the Plaintiffs served their first set of
interrogatories and requests for production of documents on
Hisamitsu. after granting Hisamitsu's requested extension, the
Plaintiff received responses from Hisamitsu on January 3, 2023.
On March 17, 2023, the Plaintiffs received their first production
of documents. The Plaintiffs' document review is in progress with
depositions soon to be noticed.
On January 13, 2023, Hisamitsu served its first set of requests for
production of documents, requests for admission, and
interrogatories on the Plaintiffs. After granting The Plaintiffs'
requested extension, Hisamitsu received responses from them on
March 15, 2023.
The parties have been meeting and conferring with respect to the
Plaintiffs' responses to the foregoing, and Hisamitsu awaits the
production of The Plaintiffs’ documents and anticipated amended
responses.
Hisamitsu America manufactures pharmaceutical products. The Company
offers pain relieving patches, as well as poultices, plasters, and
ointments.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/40XNjIp at no extra charge.[CC]
The Plaintiffs are represented by:
David C Magagna Jr., Esq.
LEVIN SEDRAN & BERMAN
- and -
Jonathan Shub, Esq.
SHUB LAW FIRM LLC
134 Kings Hwy E Fl 2
Haddonfield, NJ 08033
Telephone: (856) 772-7200
E-mail: jshub@shublawyers.com
The Defendant is represented by:
Jason J. Kim, Esq.
Neil Gilman, Esq.
Jeremy Boczko, Esq.
Armin Ghiam, Esq.
Jeremy King, Esq.
HUNTON ANDREWS KURTH LLP
550 South Hope Street, Suite 2000
Los Angeles, CA 90071-2627
Telephone: (212) 532-2000
Facsimile: (212) 532-2020
E-mail: kimj@HuntonAK.com
ngilman@HuntonAK.com
jboczko@HuntonAK.com
aghiam@HuntonAK.com
jking@HuntonAK.com
HONEST COMPANY: Dixon Class Cert. Bid Partly Granted
-----------------------------------------------------
In the class action lawsuit captioned as Cody Dixon v. The Honest
Company, Inc. et al., Case No. 2:21-cv-07405-MCS-PLA (C.D. Cal.),
the Hon Judge Marck C. Scarci entered an order granting in part
motion for class certification.
The Court certifies the following class:
"All persons and entities that purchased or otherwise acquired
Honest's publicly traded common stock pursuant and traceable to
the Offering Documents for Honest's Initial Public Offering
prior
to August 19, 2021, as well as all persons and entities that
acquired ownership of a trading account, retirement account, or
any other similar investment account or portfolio containing
Honest's publicly traded common stock that was purchased or
otherwise acquired pursuant and traceable to the Offering
Documents for Honest's Initial Public Offering prior to August
19,
2021, and were damaged thereby."
Excluded from the Class are:
(i) Defendants and the Individual Defendants' immediate
family
members;
(ii) the officers, directors, and subsidiaries of Honest
and
the Underwriter Defendants, at all relevant times;
(iii) Honest's affiliates and employee retirement and/or
benefit
plan(s) and their participants and/or beneficiaries to
the extent they purchased or acquired Honest’s common
stock pursuant or traceable to the Offering Documents
through any such plan(s);
(iv) any person who had or has a controlling interest in
Honest, at all relevant times;
(v) any entity in which any of the Defendants have or had a
controlling interest, provided, however, that any
"Investment Vehicle" shall not be excluded from the
Settlement Class; and
(vi) the legal representatives, heirs, successors, or
assigns
of any such excluded person or entity, in their
capacity
as such.
Lead Plaintiff satisfies the requirements of Rule 23(a) is
appointed class representative on behalf of the class. Labaton
Sucharow LLP satisfies the requirements of Rule 23(g) and is
appointed class counsel on behalf of the class.
The Court concludes that Labaton Sucharow will fairly and
adequately represent the class. Accordingly, Labaton Sucharow is
appointed class counsel pursuant to Rule 23(g).
Honest Company is an American digital-first consumer goods
company.
A copy of the Court's order dated May 1, 2023, is available from
PacerMonitor.com at https://bit.ly/3nyAp6a at no extra charge.[CC]
HOSPITALS CORPORATION: Sumpter Seeks FLSA Conditional Status
------------------------------------------------------------
In the class action lawsuit captioned as JOHNINE SUMPTER,
Individually and for Others Similarly Situated, v. HOSPITALS
CORPORATION d/b/a NYC HEALTH + HOSPITALS Case No.
1:22-cv-00469-PGG-BCM (S.D.N.Y.), the Plaintiff asks the Court to
enter an order:
1. conditionally certify this action as a collective action
pursuant to Section 216(b) of the Fair Labor Standards Act
(FLSA);
2. directing H+H to provide the names, last known addresses,
telephone numbers, e-mail addresses, work locations, and
dates
of employment of all Putative Class Members; and
3. permitting Sumpter to distribute notice.
Sumpter filed this class and collective action on behalf of herself
and other medical personnel who worked for the Hospitals
Corporation, were classified as independent contractors, and paid
the same hourly rate for all hours worked, including for those
hours worked over 40 in a single week.
Sumpter claims H+H subjected her and other medical personnel to a
common and illegal practice of misclassifying them as independent
contractors and compensating them with less than the required "time
and a half" for those hours worked over 40 in a week.
H+H is the largest municipal healthcare provider in the United
States, and provides access to health services for a large portion
of New York City inhabitants, across eleven hospitals and 35 other
healthcare facilities.
A copy of the Plaintiff's motion dated April 28, 2023 is available
from PacerMonitor.com at https://bit.ly/3LSVjq1 at no extra
charge.[CC]
The Plaintiff is represented by:
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
Alyssa J. White, Esq.
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: mjosephson@mybackwages.com
adunlap@mybackwages.com
awhite@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
Facsimile: (713) 877-8065
E-mail: rburch@brucknerburch.com
- and -
Joseph A. Fitapelli, Esq.
Dana M. Cimera, Esq.
FITAPELLI & SCHAFFER, LLP
28 Liberty Street, 30th Floor
New York, NY 10005
Telephone: (212) 300-0375
HY-VEE INC: Rodriguez, et al., Win Class Certification Bid
----------------------------------------------------------
In the class action lawsuit captioned as THERESA L. RODRIGUEZ,
ZACHARY M. SHANK, MICHAEL P. MANSBERGER, HEIDI L. DETRA, and TIM
CAMPBELL, individually and on behalf of all others similarly
situated, v. HY-VEE, INC., THE BOARD OF DIRECTORS OF HY-VEE, INC.,
HY-VEE AND AFFILIATES 401(K) PLAN INVESTMENT COMMITTEE, and JOHN
DOES 1-30, Case No. 4:22-cv-00072-SHL-WPK (S.D. Iowa), the Hon.
Judge Stephen H. Locher entered an order certifying the following
class:
"All persons, except the Defendants and their immediate family
members, who were participants in or beneficiaries of the Plan,
at
any time between March 1, 2016 through the date of judgment."
All Named laintiffs are appointed as Class representatives.
Capozzi Adler, P.C. is appointed as Class counsel.
Because the Court is certifying the Class as a "mandatory or
"non-opt-out" class pursuant to Fed. R. Civ. P. 23(b)(1), it will
not require notice to the Class at this juncture. See Ortiz v.
Fibreboard Corp., 527 U.S. 815, 841 n.19 (1999). The Court’s
Order is without prejudice to any party's ability to seek relief
under Fed. R. Civ. P. 23(c)(1)(C) at any time before final
judgment, based on a good-faith belief that, because of changed
circumstances or new information, the Class Claims no longer
satisfy the requirements of Fed. R. Civ. P. 23(a) or (b)(1).
On March 1, 2022, the Plaintiffs filed their class action complaint
on behalf of a proposed class of participants and beneficiaries in
the Hy-Vee and Affiliates 401(k) Plan. On October 21, 2022, the
Court granted in part and denied in part the Defendants' motion to
dismiss the Complaint.
Hy-Vee is an employee-owned chain of supermarkets in the Midwestern
and Southern United States.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/3ASwBQ5 at no extra charge.[CC]
ILLINOIS MUTUAL: Ct. Junks Bid to Strike or Dismiss Lowenberg Suit
------------------------------------------------------------------
In the class action lawsuit captioned as FRANK LOWENBERG, v.
ILLINOIS MUTUAL LIFE INSURANCE COMPANY, Case No. 4:22-cv-05329-HSG
(N.D. Cal.), the Hon. Judge Haywood S. Gilliam, Jr. entered an
order denying the motion to strike or dismiss without prejudice.
The parties have been directed to conduct targeted discovery
regarding how many members are in the putative class and file a
joint status report by May 31, 2023.
Illinois Mutual provides life insurance, disability insurance, and
voluntary worksite benefits.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3HBPkTU at no extra charge.[CC]
IRONNET INC: Continues to Defend Federal Securities Class Suit
--------------------------------------------------------------
IronNet Inc. disclosed in its Form 10-Q Report for the quarterly
period ending October 31, 2022 filed with the Securities and
Exchange Commission on May 1, 2023, that the Company continues to
defend a federal securities class suit in the United States
District Court for the Eastern District of Virginia.
On April 22, 2022, a federal securities class action lawsuit was
filed by a purported stockholder in the United States District
Court for the Eastern District of Virginia, or the Court.
On July 15, 2022, the Court appointed a lead plaintiff for the
action, and ordered that the action bear the caption In re IronNet,
Inc. Securities Litigation, No. 1:22-cv-004499-RDA-JFA.
On August 29, 2022, the lead plaintiff filed an amended complaint
on behalf of a proposed class consisting of those who acquired the
Company's securities between September 14, 2021 and December 15,
2021.
The amended complaint names the Company, its current Chief
Executive Officer, its former co-Chief Executive Officer, and its
former Chief Financial Officer as defendants and asserts claims
under Sections 10(b) and 20(a) of the Securities Exchange Act of
1934, as amended, for alleged misrepresentations and/or omissions
in September 2021 regarding its financial guidance for fiscal year
2022 and a claim under Section 20A of the Securities Exchange Act
of 1934, as amended, for alleged trading on material nonpublic
information by its current Chief Executive Officer.
The amended complaint seeks an unspecified amount of damages on
behalf of the putative class and an award of costs and expenses,
including reasonable attorneys' fees.
On October 26, 2022, the defendants filed a motion to dismiss the
amended complaint.
On November 30, 2022, the lead plaintiff filed an opposition.
On December 21, 2022, the defendants filed a reply in support of
the motion to dismiss.
The Company believes the claims are without merit, intends to
defend the case vigorously, and have not recorded a liability
related to this lawsuit because, at this time, it is unable to
determine whether an unfavorable outcome is probable or to estimate
reasonably possible losses.
IronNet Inc. operates as a cyber-security company. The Company
develops a collective defense platform to share intelligence,
identify, and collaboratively stop cyber threats. [BN]
ITS LOGISTICS: Parties Seek More Time to Object to Judge's Findings
-------------------------------------------------------------------
In the class action lawsuit captioned as KEITH GUTHRIE,
individually, on a representative basis, and on behalf of all
others similarly situated; v. ITS LOGISTICS, LLC, a Delaware
Company, and DOES 1 through 20, inclusive, Case No.
1:21-cv-00729-ADA-EPG (E.D. Cal.), the Parties ask the Court to
enter an order granting an extension of the deadline to file
objections to the Magistrate Judge's Findings and Recommendations
entered on April 5, 2023.
1. The Findings and Recommendations were entered on April 5,
2023
and directed that the parties should file any Objections to
them
by April 19, 2023.
2. On April 11, 2023, the parties filed their Joint Request for
Extension of Time to File Objections to the Findings and
Recommendations Recommending Denial of Motion for Preliminary
Approval Without Prejudice seeking an extension of time until
April 28, 2023 to file the objections due to a previously
scheduled vacation for counsel for ITS.
3. On April 12, 2023, the Court granted the parties' initial
Joint
Request and directed that the Objections be filed by April
28,
2023, and such time has not yet expired.
4. The parties have prepared a draft of their Joint Objections
to
Magistrate Judge's Findings and Recommendations but require
additional time to finalize the Objections and for client
review.
5. The parties respectfully request a brief, final extension of
time to file Objections to the Magistrate Judge's Findings
and
Recommendations until May 4, 2023.
ITS Logistics is a Third-Party Logistics company that offers
personalized supply chain solution.
A copy of the Parties' dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/422LKue at no extra charge.[CC]
The Plaintiff is represented by:
Brian J. Mankin, Esq.
Misty M. Lauby, Esq.
LAUBY, MANKIN & LAUBY LLP
4590 Allstate Drive
Riverside, CA 92501
Telephone: (951) 320-1444
Facsimile: (951) 320-1445
E-mail: brian@lmlfirm.com
misty@lmlfirm.com
The Defendant is represented by:
Christopher J. Eckhart, Esq.
Angela S. Cash, Esq.
Christopher C. McNatt, Jr., Esq.
Jared S. Kramer, Esq.
SCOPELITIS, GARVIN, LIGHT, HANSON & FEARY, P.C.
10 West Market Street, Suite 1400
Indianapolis, IN 46204
Telephone: (317)637-1777
Facsimile: (317) 687-2414
E-mail: ceckhart@scopelitis.com
acash@scopelitis.com
cmcnatt@scopelitis.com
jkramer@scopelitis.com
J. KINGS FOOD: Fails to Pay Overtime, Evans Suit Alleges
--------------------------------------------------------
Jamell Evans, on behalf of himself and others similarly situated,
Plaintiff v. J. Kings Food Service Professionals, Inc. and John
King, Defendant, Case No. 2:23-cv-03246 (E.D.N.Y., April 30, 2023)
arises out of the Defendant's alleged violations of the Fair Labor
Standards Act, the New York Labor Law and the New York State Wage
Theft Prevention Act.
Plaintiff Evans began working for Defendants in or around June 2018
as a warehouse worker located at its food distribution warehouse
located at 700 Furrows Road, Holtsville, New York. He continued to
work for Defendants until he became injured on the job on or around
August 26, 2019 and Defendants terminated his employment in or
around December 2019 while Evans was still out on medical leave and
receiving workers compensation payments. Among other thing, the
Defendants failed to pay the required overtime pay of time and
one-half for hours worked in excess of 40 hours per week and failed
to pay them minimum wages for all hours worked by engaging in a
practice of time shaving, says the Plaintiff.
J. Kings Food Service operates a food distribution warehouse and a
network of food trucks as well as other yet to be determined food
service related businesses. [BN]
The Plaintiff is represented by:
Mohammed Gangat, Esq.
LAW OFFICE OF MOHAMMED GANGAT
675 Third Avenue, Suite 1810,
New York, NY 10017
Telephone: (718) 669-0714
E-mail: mgangat@gangatpllc.com
JACKS SURF & SPORT: Hernandez Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Jacks Surf & Sport,
LLC. The case is styled as Janelys Hernandez, on behalf of herself
and all others similarly situated v. Jacks Surf & Sport, LLC, Case
No. 1:23-cv-03521-LGS (S.D.N.Y., April 27, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Jacks Surf & Sport, LLC -- https://jackssurfboards.com/ -- offers
largest selection of wetsuits, surfboards, leashes, traction pads,
sunglasses, skateboards, surf apparel.[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
JCO CONSTRUCTION: Fails to Properly Pay Laborers, Tacuri Alleges
----------------------------------------------------------------
JESUS TACURI, individually and on behalf of all others similarly
situated, Plaintiff v. JCO CONSTRUCTION INC., CARLOS RODAS, JUAN
RODAS, and ORLANDO RODAS, Defendants, Case No. 1:23-cv-03297
(E.D.N.Y., May 1, 2023) is a class action against the Defendants
for violations of the Fair Labor Standards Act and the New York
Labor Law including failure to pay overtime wages, failure to
comply with recordkeeping provisions, failure to provide notice at
time of hiring, and failure to provide accurate wage statements.
Mr. Tacuri was employed by the Defendants as a laborer at JCO's
offices at 68 Sheridan Ave. Brooklyn, New York from approximately
February 2018 until April 3, 2023.
JCO Construction Inc. is a construction firm based in Brooklyn, New
York. [BN]
The Plaintiff is represented by:
Lina Stillman, Esq.
STILLMAN LEGAL, PC
42 Broadway, 12th Floor
New York, NY 10004
Telephone: (212) 203-2417
JORNS & ASSOCIATES: Filing of Class Certification Bid Due Oct. 6
----------------------------------------------------------------
In the class action lawsuit captioned as PRAIRIE POINTE
ORTHODONTICS, P.A., ON BEHALF OF ITSELF AND OTHERS SIMILARLY
SITUATED, v. JORNS & ASSOCIATES, LLC, ZEN LIFE HOLDINGS, LLC, AND
JOHN DOES 1-10, Case No. 2:22-cv-02451-JAR-GEB (D. Kan.), the Hon.
Judge Gwynne E. Birzer entered a scheduling order -- Phase I Class
Discovery:
Jointly filed mediation notice, or confidential June 14, 2023
settlement reports to Magistrate Judge:
Motions to amend July 21, 2023
Mediation completed Aug. 18, 2023
Phase I class discovery completed Sept. 15,
2023
Motion for Class Certification (with any Oct. 6, 2023
Pltf expert on class certification disclosed
on the Motion date):
Response to Motion for Class Certification Dec. 22,
2023
with any defense expert on the subject of
class certification disclosed on the motion
date):
Jorns & Associates was created to assist businesses in helping to
navigate the complex rules and regulations surrounding economic
stimulus programs.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3VtrmzO at no extra charge.[CC]
JOSEPH BIDEN: Van Den Bosch Files Bid for Class Certification
-------------------------------------------------------------
In the class action lawsuit captioned as GERARD VAN DEN BOSCH,
individually, and on behalf of the class and all others similarly
situated, v. JOSEPH BIDEN, JR., et. al, Case No. 1:23-cv-00018
(M.D. Tenn.), the Plaintiff moves the Court to certify the case as
a class action under Rule 23 of the Federal Rules of Civil
Procedure and to appoint Siri & Glimstad LLP and Christopher Wiest
as Class Counsel.
The Plaintiff proposes the following class definition under Rule
23(b)(2):
"All noncitizen nonimmigrants who: (i) are presently, or at any
time after the date of the filing of the Complaint, physically
located within the United States; (ii) are subject to the
Travel
Ban, and not eligible for any of the available exemptions
within
the Travel Ban; and (iii) who would pursue a religious
exemption
if one were available."
A copy of the Plaintiff's motion dated April 27, 2023 is available
from PacerMonitor.com at https://bit.ly/44qptrI at no extra
charge.[CC]
The Plaintiff is represented by:
Christopher Wiest, Esq.
WIEST LAW
25 Town Center Blvd, Ste. 104
Crestview Hills, KY 41017
Telephone: (513) 257-1895
Facsimile: (859) 495-0803
E-mail: chris@cwiestlaw.com
- and -
Aaron Siri, Esq.
Walker D. Moller, Esq.
Christina Xenides, Esq.
SIRI & GLIMSTAD LLP
745 Fifth Ave, Suite 500
New York, NY 10151
Telephone: (212) 532-1091
Facsimile: (646) 417-5967
E-mail: aaron@sirillp.com
wmoller@sirillp.com
cxenides@sirillp.com
- and -
Edwin E. Wallis III, Esq.
GLASSMAN, WYATT, TUTTLE & COX, P.C.
26 North Second Street
Memphis, TN 38103
Telephone: (901) 527-4673
Facsimile: (901) 521-0940
E-mail: ewallis@gwtclaw.com
JP MORGAN: Lead Plaintiff Seeks to Certify Rule 23 Class Action
---------------------------------------------------------------
In the class action lawsuit captioned as Jane Doe 1, individually
and on behalf of all others similarly situated, v. JPMorgan Chase
Bank, N.A., Case No. 1:22-cv-10019-JSR (S.D.N.Y.), the Lead
Plaintiff Jane Doe 1 moves the Court for an Order:
1. certifying this action pursuant to Rule 23 as a class action;
2. appointing Jane Doe 1 as the Class Representative;
3. appointing Boies Schiller Flexner LLP and Edwards Pottinger
LLC
as Class Counsel; and
4. granting such other and further relief as the Court may deem
just and proper.
JPMorgan Chase provides banking services.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/42paPPY at no extra charge.[CC]
The Plaintiff is represented by:
David Boies, Esq.
Andrew Villacastin, Esq.
Sabina Mariella, Esq.
Sigrid McCawley, Esq.
Daniel Crispino, Esq.
BOIES SCHILLER FLEXNER LLP
55 Hudson Yards
New York, NY
Telephone: (212) 446-2300
Facsimile: (212) 446-2350
E-mail: dboies@bsfllp.com
avillacastin@bsfllp.com
smariella@bsfllp.com
smccawley@bsfllp.com
dcrispino@bsfllp.com
- and -
Bradley J. Edwards, Esq.
Brittany N. Henderson, Esq.
EDWARDS POTTINGER LLC
425 N. Andrews Ave., Suite 2
Fort Lauderdale, FL 33301
Telephone: (954) 524-2820
Facsimile: (954)-524-2822
E-mail: brad@epllc.com
brittany@epllc.com
JVK OPERATIONS: Class Cert Bid Referred to Magistrate Judge
------------------------------------------------------------
In the class action lawsuit captioned as Montiel-Flores. et al., v.
JVK Operations Limited, et al., Case No. 2:19-cv-03005 (E.D.N.Y.),
the Hon. Judge Joanna Seybert entered an order referring the
Plaintiffs' motion to certify class, and the Defendants' motion to
decertify class to Magistrate Judge Locke for a report and
recommendation.
The nature of suit states Fair Labor Standards Act (FLSA).
JVK Operations provides linen and garments laundry services for
healthcare facilities on the East Coast.[CC]
KINKISHARYO INT'L: Bid to Advance Class Cert Hearing Date Denied
----------------------------------------------------------------
In the class action lawsuit captioned as ANTHONY LOAIZA, JOSE
LANDAVERDE, individually, and on behalf of other members of the
general public similarly situated; v. KINKISHARYO INTERNATIONAL
LLC, an unknown business entity; and DOES 1 through 100, inclusive,
Case No. 2:19-cv-07662-JAK-KS (C.D. Cal.), the Hon. Judge John A.
Kronstadt entered an order denying the Plaintiff Landaverde's Ex
Parte Application to Advance the Hearing Date on the Plaintiffs'
Motion to Consolidate, or, in the Alternative, an Order Extending
the Motion for Class Certification and Related Deadlines to a Date
After the Motion to Consolidate Actions is Decided insufficient
good cause has been shown for the requested relief.
-- The deadline to file a renewed motion for class certification
in
Loaiza remains April 28, 2023.
-- The Loaiza action will proceed separately from the Cooper and
Palma actions for the reasons stated in the concurrently
issued
Order re Motion to Consolidate Actions.
Kinkisharyo designs and manufactures railcars, as well as offers
vehicle repairs, upgrades, and modifications.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/3NDife6 at no extra charge.[CC]
KISS NUTRACEUTICALS: Extension to File Class Cert Bid Sought
------------------------------------------------------------
In the class action lawsuit captioned as MELISSA GAMBOA on her own
behalf and on behalf of all others similarly situated, v. KISS
NUTRACEUTICALS, KISS INDUSTRIES, LLC, COLE EVANS and GRANT DEAN,
Case No. 1:22-cv-01141-WJM-SKC (D. Colo.), the Parties ask the
Court to enter an order extending the current May 1, 2023 deadline
for the filing of Class Certification Motion to August 4, 2023, a
period of three months and four days, and setting the Response and
Reply deadlines related to such Motion for August 25, 2023, and
September 8, 2023, respectively.
The Parties continue to work cooperatively to set and take
depositions required for informed briefing of the Class
Certification issue. the Plaintiff took a Rule 30(b)(6) deposition
of Kiss Nutraceuticals on February 1, 2023, at the very end of the
Class Certification Discovery period.
Due to the late date of that deposition, the Court granted the
Parties' first Joint Motion to Amend the Scheduling Order,
extending the deadline for Class Certification briefing by two
months.
The Parties are currently engaged in an extensive conferral process
regarding the parameters under which the Defendants may depose the
named the Plaintiff, Opt-In the Plaintiffs, and a sampling of the
absent putative Class Members.
Kiss Nutraceuticals provides packaging solutions.
A copy of the Parties' motion dated April 26, 2023 is available
from PacerMonitor.com at https://bit.ly/44Dmht8 at no extra
charge.[CC]
The Plaintiff is represented by:
Brandt Milstein, Esq.
MILSTEIN TURNER, PLLC
2400 Broadway, Suite B
Boulder, CO 80304
Telephone: (303) 440-8780
E-mail: brandt@milsteinturner.com
The Defendants are represented by:
Amanda Colvin, Esq.
1700 Lincoln Street, Suite 4100
Denver, CO 80203
Telephone: (303) 866-0242
E-mail: amanda.colvin@bclplaw.com
KPS AFFILIATES: FLSA Collective Action Conditionally Certified
--------------------------------------------------------------
In the class action lawsuit captioned as MONALISA JOHNSON-CRADLE,
on behalf of herself and all others similarly situated, v KPS
AFFILIATES INC., PPB INC., and TERRY ENGLISH, Case No.
1:22-cv-01052-PGG-SLC (S.D.N.Y.), the Hon. Judge Sarah L. Cave
entered an order granting in part and denying the collective motion
as follows:
(1) Pursuant to 29 U.S.C. section 216(b), the Court
conditionally
certifies this action as a collective action comprised of
security guards who worked for KPS at the Bronx Location on
or
after February 7, 2019 (the Collective).
(2) The parties shall promptly meet and confer regarding the
Court-ordered changes to the proposed Notice and, by May
10,
2023, submit a revised notice for the Court's review and
approval.
(3) By May 26, 2023, the Defendants shall provide to Johnson-
Cradle's counsel, for the employees within the definition
of
the Collective, the following information: (i) name; (ii)
last
known mailing address; (iii) last known telephone number;
(iv)
email address if known; and (v) dates of employment.
(4) Once approved by the Court, the notice and consent form
shall
be mailed to all potential members of the Collective, who
must
opt-in to this action within 60 days of the date of
distribution.
(5) Johnson-Cradle's request for equitable tolling is denied
without prejudice to any individual opt-in plaintiff's
ability
to request tolling on a showing that tolling applies to
that
plaintiff's particular circumstances.
The Plaintiff Johnson-Cradle filed this putative class and
collective action asserting claims under the Fair Labor Standards
Act (FLSA) and the New York Labor Law (NYLL).
Johnson-Cradle seeks to recover unpaid overtime pay, liquidated
damages, statutory damages, attorneys' fees and costs, and
interest.
KPS Affiliates operates in the Guard Services business/industry.
English owns and operates KPS and PPB, which provide security
personnel for businesses throughout New York.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/41ik8Ah at no extra charge.[CC]
LAZER SPOT: Suit Seeks to Certify Class of Spotter Employees
------------------------------------------------------------
In the class action lawsuit captioned as CORNELIUS JOHNSON and
JAMES STRICKLAND, individually and on behalf of those similarly
situated, v. LAZER SPOT, INC., a Georgia Corporation, Case No.
1:22-cv-01852-MHC (N.D. Ga.), the Plaintiffs ask the Court to enter
an order:
1. conditionally certifying a class of "all hourly paid yard
spotter employees who worked for the Defendant in the state
of
Georgia in the past three years and who were paid 'straight
time
for overtime' for all overtime hours worked at any time in
that
three year period";
2. directing the Defendant to produce to undersigned counsel
within
14 days of the Order granting this Motion a list containing
the
names, the last known addresses, phone numbers, and e-mail
addresses of putative class members within the defined class;
3. authorizing undersigned counsel to send notice to all
individuals whose names appear on the list produced by the
Defendant's counsel by first-class mail, email, and text-
message;
4. providing all individuals whose names appear on the list
produced by the Defendants with 60 days from the date the
notices are initially mailed to file a Consent to Become
Opt-In
the Plaintiff; and
5. any other relief that is just and appropriate.
Lazer Spot provides yard management services.
A copy of the Court's order dated April 26, 2023 is available from
PacerMonitor.com at https://bit.ly/422LQlo at no extra charge.[CC]
The Plaintiffs are represented by:
C. Ryan Morgan, Esq.
Andrew R. Frisch, Esq.
MORGAN & MORGAN, P.A.
20 N. Orange Ave., 15th Floor
Telephone: (407) 420-1414
Facsimile: (407) 867-4791
E-mail: rmorgan@forthepeople.com
afrisch@forthepeople.com
- and -
Carlos V. Leach, Esq.
Adeash Lakraj, Esq.
THE LEACH FIRM, P.A.
631 S. Orlando Avenue, Suite 300
Winter Park, FL 32789
Telephone: (407) 574-4999
Facsimile: (833) 423-5864
E-mail: alakraj@theleachfirm.com
cleach@theleachfirm.com
yhernandez@theleachfirm.com
LOANDEPOT.COM LLC: Finn Sues Over Unsolicited Phone Calls
---------------------------------------------------------
MICHELLE FINN, individually and on behalf of all others similarly
situated, Plaintiff v. LOANDEPOT.COM, LLC, a Delaware company,
Defendant, Case No. 8:23-cv-00737 (C.D. Cal., April 28, 2023)
arises out of the Defendant's violations of the Telephone Consumer
Protection Act.
The Defendant allegedly uses telemarketing and cold calling with a
prerecorded voice message without first obtaining the consumer's
prior express written consent, like Plaintiff Finn. The
unauthorized solicitation telephone calls that Plaintiff received
from Defendant, as alleged herein, has harmed Plaintiff Finn in the
form of annoyance, nuisance, and invasion of privacy, says the
suit.
LoanDepot is a Delaware registered corporation headquartered in
California. The company offers home loans to consumers nationwide.
[BN]
The Plaintiff is represented by:
Dana J. Oliver, Esq.
OLIVER LAW CENTER, INC.
8780 19th Street #559
Rancho Cucamonga, CA 91701
Telephone: (855)384-3262
Facsimile: (888)570-2021
E-mail: dana@danaoliverlaw.com
- and -
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln Street, Suite 2400
Hingham, MA 02043
Telephone: (617) 738-7080
Facsimile: (617) 830-0327
E-mail: anthony@paronichlaw.com
MAD HATTER: Faces Crumwell Suit Over Blind-Inaccessible Website
---------------------------------------------------------------
DENISE CRUMWELL, ON BEHALF OF HERSELF AND ALL OTHER PERSONS
SIMILARLY SITUATED, Plaintiffs v. THE MAD HATTER CO. L.L.C.,
Defendant, Case No. 1:23-cv-03602 (S.D.N.Y., April 28, 2023) arises
out of the Defendant's alleged violations of the Americans with
Disabilities Act.
Allegedly, the Defendant's website, https://themadhatterco.net/, is
not equally accessible to blind and visually-impaired consumers.
Plaintiff Denise Crumwell 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.
THE MAD HATTER CO. LLC, operates Mad Hatter online retail store
across the US. Its website provides consumers with access to an
array of goods including but not limited to custom hats and
apparel, and other products available online for purchase and to
ascertain information relating to pricing, shipping, ordering
merchandise and return and privacy policies. [BN]
The Plaintiff is represented by:
Dana L. Gottlieb, Esq.
Michael A. LaBollita, Esq.
Jeffrey M. Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 East 18th Street, Suite PHR
New York, NY 10003
Telephone: (212) 228-9795
Facsimile: (212) 982-6284
E-mail: Dana@Gottlieb.legal
Michael@Gottlieb.legal
Jeffrey@gottlieb.legal
MANITOBA: Settles Class Suit Over Intellectual Disabilities Suit
----------------------------------------------------------------
Michael D'Alimonte of CTV News Winnipeg reports that a major class
action lawsuit between the province and former residents of an
institution for people with intellectual disabilities has been
settled.
The Manitoba Developmental Centre (MDC) has been around for more
than one hundred years, and is still in operation in Portage la
Prairie, housing some 160 residents with intellectual disabilities
as of 2018.
The lawsuit, filed by former MDC resident David Weremy, said the
province failed in its responsibilities to properly care for those
living at the institution, despite knowing how bad conditions were
there.
In the mid-1970s and again in the late 1980s provincial reports
described poor living conditions at the centre. Evidence outlined
in the plaintiff's case cited later instances of abuse or
mistreatment of residents by staff into the 1990s and early 2000s.
On May 5, 2023, the Court of King's Bench approved an agreed upon
settlement between the province and Weremy, who was an MDC resident
for 18 years.
During the case, Weremy said he was repeatedly assaulted by other
residents with no intervention by staff, who also assaulted him and
others.
Weremy filed the case and was the representative plaintiff for all
MDC residents eligible for compensation. He hopes the settlement
sends a broader message about the need to end institutionalized
care.
"I hope they lock them up, close them down. We don't want them
anymore," said Weremy.
As part of the settlement, the province will set up a $17 million
settlement fund, with up to $80,000 being given for specific harms
suffered.
A claims process is being set up for anyone who lived at MDC from
1951 until May 2020 to receive compensation, and $1 million
reconciliation endowment fund is being set up through the Winnipeg
Foundation.
Manitoba's Premier and Minister of Families will make a public
apology for the mistreatment of former residents at MDC. A memorial
will also be constructed at the MDC cemetery. [GN]
MASTRONARDI PRODUCE-USA: Plaintiffs Must Appear for Deposition
--------------------------------------------------------------
In the class action lawsuit captioned as Lopez, et al., v.
Mastronardi Produce-USA, Inc., et al., Case No. 1:22-cv-00484 (W.D.
Mich.), the Hon. Judge Robert J. Jonker entered an order referring
motion to compel named Plaintiffs to appear for deposition before
the class certification motion deadline and to compel the
Plaintiffs to respond to discovery regarding their medical history
and produce authorizations for Release of Medical Records to
Magistrate Judge Phillip J. Green under 28 U.S.C. 636(b)(1)(A).
The nature of suit states Farmworker Rights.
Mastronardi distributes fresh fruits and vegetables.[CC]
MAXSOLD INC: Plaintiffs Must File Class Cert Bid by Dec. 29
-----------------------------------------------------------
In the class action lawsuit captioned as KAY ANNE VANDERBURG, on
behalf of herself and all others similarly situated, v. MAXSOLD
INC., Case No. 2:22-cv-01707-BJR (W.D. Wash.), the Hon. Judge
Barbara J. Rothstein entered an order setting the following
deadlines and briefing schedule:
Deadline Date
Joinder of Parties Deadline July 14, 2023
Amended Pleadings July 14, 2023
Deadline to complete discovery on class Nov. 29, 2023
certification (not to be construed as a
bifurcation of discovery)
Deadline for the Plaintiffs to file Motion Dec. 29, 2023
for Class Certification
Deadline for the Defendant to file Response Jan. 29, 2024
to Motion for Class Certification
Deadline for the Plaintiffs to file Reply Feb. 12, 2024
in Support of Motion for Class
Certification
MaxSold is a local pickup auction marketplace specializing in
estate sales, downsizing and inventory liquidation.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3HELrxv at no extra charge.[CC]
MEDIBANK PRIVATE: Faces Third Class Action Suit Over Cyber Breach
-----------------------------------------------------------------
Staff Writer of CRN reports that Medibank said it was served with
another class-action suit related to the cyber hack incident last
year in which personal data of current and former customers was
leaked online.
The third class-action suit related to the incident was filed in
the country's federal court by law firm Slater & Gordon on behalf
of affected current and former Medibank customers, and healthcare
service providers.
Among the many breaches reported by Australian companies since late
last year, Medibank had disclosed that a hacker stole personal
information of 9.7 million current and former customers and
released the data online.
In a statement on its website, Slater & Gordon alleged that the
health insurer failed to protect, or take reasonable steps to
protect the personal information of its customers, thereby
breaching consumer law and privacy principles.
In recent months, similar class action suits against the company
have been filed by law firms Baker & McKenzie and Quinn Emanuel
Urquhart & Sullivan.
Medibank, which is also under investigation from the country's
privacy regulator on how it handles personal information, said it
would defend the proceedings. [GN]
MERIDIAN SENIOR: Underpays Resident Assistants, Smock Suit Says
---------------------------------------------------------------
DELISSALYNN SMOCK, individually and on behalf of all others
similarly situated, Plaintiff v. MERIDIAN SENIOR LIVING, LLC,
Defendant, Case No. 8:23-cv-01154-AAQ (D. Md., May 1, 2023) is a
class action against the Defendant for unpaid overtime wages in
violation of the Fair Labor Standards Act, the Illinois Minimum
Wage Law, and the Illinois Wage Payment and Collection Act.
Ms. Smock worked for Meridian as a resident assistant and care
partner in Effingham, Illinois from approximately March 2020 until
March 2022.
Meridian Senior Living, LLC is an elderly care provider,
headquartered in Bethesda, Maryland. [BN]
The Plaintiff is represented by:
Taylor A. Jones, Esq.
Michael A. Josephson, Esq.
Andrew W. Dunlap, Esq.
JOSEPHSON DUNLAP LLP
11 Greenway Plaza, Suite 3050
Houston, TX 77046
Telephone: (713) 352-1100
Facsimile: (713) 352-3300
E-mail: tjones@mybackwages.com
mjosephson@mybackwages.com
adunlap@mybackwages.com
- and -
Richard J. (Rex) Burch, Esq.
BRUCKNER BURCH PLLC
11 Greenway Plaza, Suite 3025
Houston, TX 77046
Telephone: (713) 877-8788
E-mail: rburch@brucknerburch.com
- and -
William C. (Clif) Alexander, Esq.
Austin W. Anderson, Esq.
ANDERSON ALEXANDER PLLC
101 N. Shoreline Blvd., Suite 610
Corpus Christi, TX 78401
Telephone: (361) 452-1279
Facsimile: (361) 452-1284
E-mail: clif@a2xlaw.com
austin@a2xlaw.com
MONROE OPERATIONS: Filing of Class Cert Bid Due Feb. 16, 2024
-------------------------------------------------------------
In the class action lawsuit captioned as WILSON CHUNG and LISA
BURTON, individuals, on behalf of themselves and on behalf of all
persons similarly situated, v. MONROE OPERATIONS, LLC, a Limited
Liability Company; and DOES 1 through 50, inclusive, Case No.
8:22-cv-01798-JWH-JPR (C.D. Cal.), the Hon. Judge John Holcomb
entered an order granting joint stipulation to stay case pending
mediation:
The briefing schedule and hearing on The Plaintiff's motion for
class certification currently scheduled for December 19, 2023, at
10:00 a.m. is continued as follows:
-- the Plaintiff's deadline to respond Sept. 15, 2023
to the Defendant's written
discovery:
-- Deadline to file Motion for Feb. 16, 2024
Class Certification:
-- Deadline to file Opposition to Mar. 22, 2024
Motion for Class Certification:
-- Deadline to file Reply re Motion Apr. 9, 2024
for Class Certification:
-- Hearing on Motion for Class Apr. 26, 2024
Certification:
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/412LcTK at no extra charge.[CC]
MY PILLOW: Plaintiffs Win Class Cert Bid, Lose Summary Judgment
---------------------------------------------------------------
In the class action lawsuit captioned as Brandon Deutsch,
individually and on behalf of all others similarly situated, v. My
Pillow, Inc., Case No. 0:20-cv-00318-SRN-ECW (D. Minn.), the Hon.
Judge Susan Richard Nelson entered an order that:
1. The Plaintiffs' Motion for Summary Judgment is denied.
2. The Defendant's Motion for Summary Judgment is granted in
part
and denied in part.
3. The Plaintiffs' motion to certify class and appointment of
class
representatives and class counsel is granted.
4. The Court certifies the following Rule 23 class:
"All former Call Center Representatives, or other job titles
performing similar job duties, employed by My Pillow, Inc.,
at
any time from July 1, 2019 to December 31, 2020, who were not
paid for all hours worked."
5. This class is certified with respect to the Plaintiffs' claim
for a violation of the Minnesota Payment of Wages Act, Minn.
Stat. section 181.101(a).
6. Mr. Deutsch and Mr. Lyons are appointed as class
Representatives.
7. The Plaintiffs' counsel, Jacob R. Rusch, Timothy J. Becker,
and
Zackary S. Kaylor of Johnson Becker, PLLC, are appointed as
class counsel.
The Plaintiff Brandon Deutsch filed the original Complaint on
January 24, 2020, on behalf of himself and a putative class of
similarly situated call center employees, alleging violations of:
(1) the Fair Labor Standards Act (FLSA), for failure to pay
overtime wages; and
(2) the Minnesota Payment of Wages Act (MPWA), for failure to
timely pay straight time wages.
The Amended Complaint added allegations that My Pillow did not pay
call center employees for post-break boot up and log in time. The
Court conditionally certified the Plaintiffs’ FLSA claim as a
collective action on December 15, 2020 and approved a 90-day notice
period.
Mr. Deutsch worked for My Pillow from December 16, 2017 to
September 27, 2019. He worked "40 hours or more in 5 of his 95
weeks of employment." Pillow terminated Mr. Deutsch for tardiness
and for not reporting for his shifts.
My Pillow is a pillow manufacturing company known for its eponymous
patented pillow.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3LwIJv5 at no extra charge.[CC]
The Plaintiff is represented by:
Jacob R. Rusch, Esq.
Timothy J. Becker, Esq.
Zackary S. Kaylor, Esq.
JOHNSON BECKER PLLC
444 Cedar Street, Suite 1800
St. Paul, MN 55101
- and-
Jennell K. Shannon, Esq.
BALLARD SPAHR LLP
80 South 8th Street, Suite 2000
Minneapolis, MN 55402
The Defendant is represented by:
Alec J. Beck, Esq.
Andrew D. Parker, Esq.
Lori A. Johnson, Esq.
PARKER DANIELS KIBORT LLC
123 N. Third Street, Suite 888
Minneapolis, MN 55401
NEW YORK: Faces Kocan Wage-and-Hour Suit in E.D.N.Y.
----------------------------------------------------
JURAJ SIPKO, individually and on behalf of all others similarly
situated, Plaintiff v. NORBERT KOCAN, Defendant, Case No.
1:23-cv-03339 (E.D.N.Y., May 2, 2023) is a class action against the
Defendant for violations of the Fair Labor Standards Act and the
New York Labor Law including failure to pay minimum wages, failure
to pay overtime wages, failure to pay spread of hours compensation,
failure to provide wage notices, and failure to provide accurate
wage statements.
The Plaintiff worked as a general laborer and manual worker in New
York from on or around September 2013 to, through and including
February 2021. [BN]
The Plaintiff is represented by:
Joshua Levin-Epstein, Esq.
Jason Mizrahi, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0046
E-mail: Joshua@levinepstein.com
NORFOLK SOUTHERN: Area Attorneys Named Liaison in Derailment Suit
-----------------------------------------------------------------
Guy Vogrin of Morning Journal reports that Attorneys from
Wellsville and Canfield have been appointed as community liaisons
for the East Palestine federal class-action lawsuit filed against
Norfolk Southern Railway.
In an April 6 order made by U.S. Judge Benita Pearson of the
Northern Ohio District Court, Columbiana County attorney Nick Amato
of Wellsville and Nils P. Johnson Jr. of Johnson & Johnson Law
Office in Canfield were named community liaisons.
They are to report on the progress of a class-action lawsuit filed
by attorneys representing 31 residents, workers, businesses and
other entities that claim they suffered property damage and health
issues from the Feb. 3 train derailment and subsequent "controlled
burn" of chemicals remaining in tankers.
In a separate U.S. District Court action, Judge John Adams denied a
motion to transfer the lawsuit he was assigned in the train
derailment that was filed by the U.S. Department of Justice on
behalf of the U.S. Environmental Protection agency.
On March 31, the federal agencies said they want to hold Norfolk
Southern accountable for polluting waterways near the derailment
site. The federal agencies also want the railroad to pay for the
cleanup of oil and other pollutants that leaked into nearby creeks
and other waterways in the wake of the derailment and later
controlled explosion of several burning rail cars that held toxic
material.
On May 3, 2023, Adams did issue a ruling combining the federal
Justice and EPA lawsuit with a legal action filed in the Ohio
courts by Ohio Attorney General Dave Yost. In that 58-count
complaint filed on March 14, state officials look to hold Norfolk
Southern accountable for its actions that led to the derailment.
Members of the public wanting more information about the lawsuit or
other information about the derailment aftermath can contact either
attorney, Amato at 724-777-5240; Johnson at his law office at 12 W
Main St., Canfield; or email at general@jandjohio.com.
"I want to let people know the contact information," said Amato,
who has practiced for almost three decades devoted to malpractice,
negligence and other areas of personal injury litigation.
Meanwhile, the CEO of Norfolk Southern marked the three-month
anniversary of the derailment May 3, 2023 by committing to improved
railway safety.
"A safer railroad is a better railroad. . . . We are a safe
railroad, but we can do better," CEO Alan Shaw said in an open
letter to media outlets.
"We have already taken actions to further enhance safety, and we
are advocates in Washington for federal legislative provisions that
have the potential to enhance freight rail safety."
According to company officials, the railway has invested nearly $32
million back into the village and surrounding communities in an
effort "to make it right."
Those investments have included direct relief totaling $7.4 million
to 8,300 families in and around East Palestine; a $1 million
Community Fund to support the village's immediate needs; and a
$300,000 donation to East Palestine City Schools.
The railway also created a community liaison position naming Jeremy
Vransevich, a resident of East Palestine and Norfolk Southern
employee. Vransevich has been authorized to distribute an
additional $1 million in company funds into the community where it
is needed. [GN]
ONE BROOKLYN: Fails to Protect Patients' Info, Mutnick Suit Says
----------------------------------------------------------------
SUSAN MUTNICK, individually and on behalf of all others similarly
situated, Plaintiff v. ONE BROOKLYN HEALTH SYSTEM, INC., Defendant,
Case No. 512953/2023 (N.Y. Sup. Ct., Kings Cty., May 1, 2023) is a
class action against the Defendant for negligence, negligence per
se, breach of fiduciary duty, breach of implied contract, unjust
enrichment, and violations of New York General Business Law.
The case arises from the Defendant's failure to protect the
personally identifying information (PII) and personal health
information (PHI) of the Plaintiff and similarly situated patients
or employees following a data breach on its network systems between
July 9, 2022 and November 19, 2022. The unauthorized access
occurred due to the Defendant's inadequate security and breach of
its duties and obligations. Due to the data breach, the Plaintiff
and Class members have lost property in the form of their PII/PHI.
The Plaintiff and Class members are now at a higher risk identity
theft and other crimes, the suit alleges.
One Brooklyn Health System, Inc. is a healthcare company that
operates in and around Brooklyn, New York. [BN]
The Plaintiff is represented by:
Adam Pollock, Esq.
Raphael Janove, Esq.
POLLOCK COHEN LLP
111 Broadway, Suite 1804
New York, NY 10006
Telephone: (212) 337-5361
E-mail: adam@pollockcohen.com
- and -
Ben Barnow, Esq.
Anthony L. Parkhill, Esq.
Riley W. Prince, Esq.
BARNOW AND ASSOCIATES, PC
205 West Randolph Street, Ste. 1630
Chicago, IL 60606
Telephone: (312) 621-2000
E-mail: b.barnow@barnowlaw.com
aparkhill@barnowlaw.com
rprince@barnowlaw.com
ONTARIO: Appellate Court Restores Status in Disabilities Class Suit
-------------------------------------------------------------------
Staff of The Canadian Press reports that Ontario's top court has
restored class action status to a lawsuit that alleges the province
has placed people with developmental disabilities on unreasonable
wait lists for government supports after they turn 18.
In a decision this week, Ontario's Court of Appeal restored a
motion judge's order that found there was a strong enough case to
allow the suit's untested claims to proceed to trial as a class
action.
The lawsuit, which accuses the province of harm-causing negligence,
seeks $110 million in damages and asks for a declaration that the
government has failed adults assessed as eligible for help but who
have instead been placed on unreasonable wait lists.
Marc Leroux of Timmins, Ont., launched the suit in April 2017 on
behalf of his then-19-year-old daughter, Briana Leroux, who court
documents say is non-verbal and requires support services 24/7.
The original statement of claim alleged the teen had access to
necessary support through one government department as a child, but
that was "arbitrarily and unreasonably" discontinued after she
turned 18.
It further alleged that she applied for support as an adult through
a different department and was placed on a wait list, where she
remained for at least a year and a half.
The suit alleges the province breached its duties to Leroux and
other adults with developmental disabilities by failing to properly
manage its wait lists, forcing Leroux's relatives to assume her
care at their own expense.
A divisional court ruling had found the lawsuit's negligence claim
was doomed to fail and that the province owed no duty of care to
the plaintiff, but the Ontario Court of Appeal set that aside.
The appeal court also found the initial motion judge was right to
rule that a class action in the case would be a preferable course
of action to promote access to justice and meaningfully advance
litigation for people with intellectual disabilities. [GN]
PERSONAL TOUCH: Fails to Pay Proper Wages, Liliah and Fairley Say
-----------------------------------------------------------------
SEWMATTIE LILIAH, SHYMEEKA FAIRLEY, on behalf of themselves, FLSA
Collective Plaintiffs, and the Class, Plaintiffs v. PERSONAL TOUCH
HOME CARE OF LONG ISLAND, INC., and ROBERT CAIONE, Defendants, Case
No. 1:23-cv-03290 (E.D.N.Y., May 1, 2023) arises out of the
Defendants' alleged violations of the Fair Labor Standards Act and
the New York Labor Law.
In or around July 27, 2022, Plaintiff Liliah was hired by
Defendants to work as registration specialist. Plaintiff Liliah
worked mostly at the West Hempstead facility located at 60
Hempstead Avenue, W. Hempstead, New York 11552. Her employment with
Defendants terminated on December 27, 2022. On the other hand, in
or around June 2017, Plaintiff Fairley was hired by Defendants to
work as a home health aide. Plaintiff Fairley’s employment with
Defendants terminated in or around December 2018. Plaintiff Fairley
was rehired in or around December 2019 as a home health aide. Her
employment was terminated in or around August 2020. Allegedly, the
Defendants failed and refused to pay Plaintiffs their proper wages,
including overtime, due to time shaving. Among other things, the
Defendants also failed to provide proper wage statements per
requirements of the NYLL, says the suit.
PERSONAL TOUCH HOME CARE OF LONG ISLAND, INC. operates six home
care service facilities in New York. [BN]
The Plaintiffs are represented by:
C.K. Lee, Esq.
Anne Seelig, Esq.
LEE LITIGATION GROUP, PLLC
148 West 24th Street, 8th Floor
New York, NY 10011
Telephone: (212) 465-1188
Facsimile: (212) 465-1181
POKE FIDI: Has Until May 31 to File Class Cert Opposition in Yuwono
-------------------------------------------------------------------
In the class action lawsuit captioned as Yuwono v. Poke Fidi LLC,
et al., Case No. 1:22-cv-05052-JLR-JW (S.D.N.Y.), The Hon. Judge
Jennifer E. Willis entered an order granting a four-week extension
to the Defendants' deadline for filing its opposition to the
Plaintiff's motion for conditional collective certification.
-- The Defendants shall have until May 31, 2023, to file their
Opposition.
-- The Plaintiff shall have until June 14, 2023, to submit a
Reply.
-- The conference scheduled for May 17, 2023, shall instead be
held
on June 28, 2023, at 10:30 am in Courtroom 228, 40 Foley
Square.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3LuO6eg at no extra charge.[CC]
The Defendant is represented by:
Martin R. West II, Esq.
KENNEDYS
570 Lexington Avenue, 8th Floor
New York, NY 10022
Telephone: (212) 252-0004
Facsimile: (212) 832-4920
E-mail: Martin.West@kennedyslaw.com
PREMIER FITNESS: Devivo Sues Over Unsolicited Text Messages
-----------------------------------------------------------
COLLEEN DEVIVO, individually and on behalf of all other similarly
situated, Plaintiff v. PREMIER FITNESS RESULTS INC. d/b/a F45
TRAINING WEST CORAL SPRINGS, Defendant, Case No. CACE-23-013054
(Fla. Cir., 7th Judicial, Broward Cty., April 28, 2023) arises out
of the Defendant's alleged violations of the Florida Telephone
Solicitation Act, as amended by Senate Bill No. 1120.
Allegedly, the Defendant engages in telephonic sales calls to
consumers without having secured prior express written consent as
required by the FTSA. These calls have caused Plaintiff harm,
including violations of their statutory rights, statutory damages,
annoyance, nuisance, and invasion of their privacy, says the suit.
Premier Fitness Results is a Florida corporation that maintains its
primary place of business and headquarters in Coral Springs,
Florida. It operates a fitness gym that also sells a variety of
workout related products and services. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
Garrett O. Berg, Esq.
SHAMIS & GENTILE P.A.
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
gberg@shamisgentile.com
- and -
Scott Edelsberg, Esq.
Christopher Gold, Esq.
EDELSBERG LAW, P.A.
20900 NE 30th Ave., Suite 417
Aventura, FL 33180
Telephone: (786) 289-94 71
(305) 975-3320
Facsimile: (786) 623-0915
E-mail: scott@edelsberglaw.com
chris@edelsberglaw
PROGUARD PROTECTION: Underpays Security Guards, Smith Suit Says
---------------------------------------------------------------
AARON SMITH, individually and on behalf of all others similarly
situated, Plaintiff v. PROGUARD PROTECTION INC., ROBERT HALL, and
RICHARD STANLEY, Defendants, Case No. 1:23-cv-03694 (S.D.N.Y., May
2, 2023) is a class action against the Defendants for violations of
the Fair Labor Standards Act and the New York Labor Law including
failure to pay minimum wages, failure to pay overtime wages,
failure to provide wage notice, failure to provide accurate wage
statements, and failure to pay timely wages.
Mr. Smith has been employed as a security guard at the Defendants'
facility located 540 East 180th Street, Suite 202, Bronx, New York
from December 20, 2022 to, through and including the present date.
Proguard Protection Inc. is a security services company located 540
East 180th Street, Suite 202, Bronx, New York. [BN]
The Plaintiff is represented by:
Joshua Levin-Epstein, Esq.
Jason Mizrahi, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Telephone: (212) 792-0046
E-mail: Joshua@levinepstein.com
RA SUSHI HOLDING: Hwang Files ADA Suit in E.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against RA Sushi Holding
Corp. The case is styled as Jenny Hwang, on behalf of herself and
all others similarly situated v. RA Sushi Holding Corp., Case No.
1:23-cv-03228 (E.D.N.Y., April 28, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
RA Sushi -- https://rasushi.com/ -- is a fast-paced, high-energy
restaurant concept, based in Scottsdale, Arizona.[BN]
The Plaintiff is represented by:
Mars Khaimov, Esq.
14749 71st Ave.
Flushing, NY 11367
Phone: (917) 915-7415
Email: mars@khaimovlaw.com
RAINBOW CLEANING: Farias FLSA Suit Transferred to S.D. New York
---------------------------------------------------------------
The case styled as Yuri Perez Farias, on behalf of herself and
others similarly situated in the proposed FLSA Collective Action v.
Rainbow Cleaning Service, LLC, Andrii Gurskyi, Irina Shebshenko,
Case No. 1:23-cv-02763 was transferred from the U.S. District Court
for the Eastern District of New York, to the U.S. District Court
for the District of Utah on May 4, 2023.
The District Court Clerk assigned Case No. 1:23-cv-03751-PAE to the
proceeding.
The lawsuit is brought over alleged violation of the Fair Labor
Standards Act.
Rainbow Cleaning Service, LLC is to provide top-quality commercial
and residential cleaning services at competitive prices.[BN]
The Plaintiff is represented by:
Jason Mizrahi, Esq.
Joshua Levin-Epstein, Esq.
LEVIN-EPSTEIN & ASSOCIATES, P.C.
60 East 42nd Street, Suite 4700
New York, NY 10165
Phone: (212) 792-0048
Fax: (646) 786-3170
Email: Joshua@levinepstein.com
REALPAGE INC: Cheong Suit Transferred to M.D. Tennessee
-------------------------------------------------------
The case styled as Kenny Lai Cheong, individually and on behalf of
all others similarly situated v. REALPAGE, INC., GREYSTAR REAL
ESTATE PARTNERS, LLC, LINCOLN PROPERTY COMPANY, CUSHMAN &
WAKEFIELD, INC, MID-AMERICA APARTMENT COMMUNITIES, INC., EQUITY
RESIDENTIAL, MORGAN PROPERTIES MANAGEMENT COMPANY, CAMDEN PROPERTY
TRUST, TRAMMELL CROW RESIDENTIAL, LLC, Case No. 1:23-cv-00222 was
transferred from the U.S. District Court for the Eastern District
of Virginia, to the U.S. District Court for the Middle District of
Tennessee on April 27, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00416 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
RealPage -- https://www.realpage.com/ -- provides data analytics,
property management software, and services to efficiently manage
rental properties and real estate.[BN]
The Plaintiff is represented by:
Christopher Van Le, Esq.
BOIESBATTIN LLP
4041 University Drive, Suite 500
Fairfax, VA 22030
Phone: (703) 764-8700
Email: cle@boiesbattin.com
REALPAGE INC: Precht Suit Transferred to M.D. Tennessee
-------------------------------------------------------
The case styled as David Precht, individually and on behalf of all
others similarly situated v. REALPAGE, INC.; GREYSTAR REAL ESTATE
PARTNERS, LLC; CUSHMAN & WAKEFIELD, INC.: LINCOLN PROPERTY COMPANY;
PEABODY PROPERTIES, INC.; WINNCOMPANIES LLC AND WINNRESIDENTIAL
MANAGER CORP.; UDR, INC.; SHP MANAGEMENT CORP.; THE RELATED
COMPANIES, INC.; and SIMPSON PROPERTY GROUP, LLLP, Case No.
1:22-cv-12230 was transferred from the U.S. District Court for the
District of Massachusetts, to the U.S. District Court for the
Middle District of Tennessee on April 27, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00412 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
RealPage -- https://www.realpage.com/ -- provides data analytics,
property management software, and services to efficiently manage
rental properties and real estate.[BN]
The Plaintiff is represented by:
Anthony A. Orlandi, Esq.
Tricia Herzfeld, Esq.
HERZFELD, SUETHOLZ, GASTEL, LENISKI & WALL, PLLC
223 Rosa L. Parks Ave., Suite 300
Nashville, TN 37203
Phone: (615) 800-6225
Email: tony@hsglawgroup.com
tricia@hsglawgroup.com
The Defendants are represented by:
Gregory F. Noonan, Esq.
Kayla Ghantous, Esq.
HOGAN LOVELLS US LLP
125 High Street, Suite 2010
Boston, MA 02110
Phone: (617) 371-1029
Email: gregory.noonan@hoganlovells.com
kayla.ghantous@hoganlovells.com
REALPAGE INC: Weller Suit Transferred to M.D. Tennessee
-------------------------------------------------------
The case styled as Kevin Weller, individually and on behalf of all
others similarly situated v. REALPAGE, INC.; GREYSTAR REAL ESTATE
PARTNERS, LLC; LINCOLN PROPERTY CO.; CUSHMAN & WAKEFIELD, INC.; FPI
MANAGEMENT, INC.; RPM LIVING, LLC; BH MANAGEMENT SERVICES, LLC; MID
AMERICA APARTMENT COMMUNITIES, INC.; MORGAN PROPERTIES LP; AVENUE5
RESIDENTIAL, LLC; BOZZUTO MANAGEMENT COMPANY; AVALONBAY
COMMUNITIES, INC.; HIGHMARK RESIDENTIAL, LLC; EQUITY RESIDENTIAL;
THE IRVINE COMPANY, LLC; ESSEX PROPERTY TRUST, INC.; ZRS
MANAGEMENT, LLC; CAMDEN PROPERTY TRUST; UDR, INC.; CONAM MANAGEMENT
CORPORATION; CORTLAND PARTNERS, LLC; THRIVE COMMUNITIES MANAGEMENT,
LLC; SECURITY PROPERTIES INC.; CWS APARTMENT HOMES, LLC; PROMETHEUS
REAL ESTATE GROUP, INC.; SARES REGIS GROUP OPERATING, INC.; MISSION
ROCK RESIDENTIAL, LLC; and MORGAN GROUP, INC., Case No.
2:23-cv-00548 was transferred from the U.S. District Court for the
Western District of Washington, to the U.S. District Court for the
Middle District of Tennessee on April 27, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00414 to the
proceeding.
The nature of suit is stated as Anti-Trust for Antitrust
Litigation.
RealPage -- https://www.realpage.com/ -- provides data analytics,
property management software, and services to efficiently manage
rental properties and real estate.[BN]
The Plaintiff is represented by:
Breanna Le Van Engelen, Esq.
Steve W. Berman, Esq.
HAGENS BERMAN SOBOL SHAPIRO LLP (WA)
1301 2nd Avenue, Ste. 2000
Seattle, WA 98101
Phone: (206) 623-7292
Fax: (206) 623-0594
Email: breannav@hbsslaw.com
steve@hbsslaw.com
REALPAGE INC: White Suit Transferred to M.D. Tennessee
------------------------------------------------------
The case styled as Billie Jo White, individually and on behalf of
all others similarly situated v. REALPAGE, INC.; GREYSTAR REAL
ESTATE PARTNERS, LLC; CUSHMAN & WAKEFIELD, INC.: LINCOLN PROPERTY
COMPANY; PEABODY PROPERTIES, INC.; NEW ENGLAND REALTY ASSOCIATES
LIMITED PARTNERSHIP; WINNCOMPANIES LLC AND WINNRESIDENTIAL MANAGER
CORP.; UDR, INC.; SHP MANAGEMENT CORP.; THE RELATED COMPANIES,
INC.; and SIMPSON PROPERTY GROUP, LLLP; Case No. 1:22-cv-12134 was
transferred from the U.S. District Court for the Western District
of Texas, to the U.S. District Court for the Middle District of
Tennessee on April 27, 2023.
The District Court Clerk assigned Case No. 3:23-cv-00413 to the
proceeding.
The nature of suit is stated as Anti-Trust.
RealPage -- https://www.realpage.com/ -- provides data analytics,
property management software, and services to efficiently manage
rental properties and real estate.[BN]
The Plaintiff is represented by:
David R. Scott, Esq.
Amanda Lawrence, Esq.
Patrick McGahan, Esq.
Michael Srodoski, Esq.
Gary D. Foster, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
156 South Main Street
P.O. Box 192
Colchester, CT 06145
Phone: (860) 537-5537
Facsimile: (860) 537-4432
Email: david.scott@scott-scott.com
alawrence@scott-scott.com
pmcgahan@scott-scott.com
msrodoski@scott-scott.com
gfoster@scott-scott.com
The Defendants are represented by:
Gregory F. Noonan, Esq.
Kayla Ghantous, Esq.
HOGAN LOVELLS US LLP
125 High Street, Suite 2010
Boston, MA 02110
Phone: (617) 371-1029
Email: gregory.noonan@hoganlovells.com
kayla.ghantous@hoganlovells.com
- and -
Evan M. Fray-Witzer, Esq.
CIAMPA FRAY-WITZER, LLP
20 Park Plaza, Suite 804+Suite 505
Boston, MA 02116
Phone: (617) 426-0000
Fax: (617) 507-8043
Email: Evan@cfwlegal.com
RGS FINANCIAL: Rottenberg Files FDCPA Suit in S.D. New York
-----------------------------------------------------------
A class action lawsuit has been filed against RGS Financial, Inc.
The case is styled as Chumy Rottenberg, individually and on behalf
of all others similarly situated v. RGS Financial, Inc., Case No.
7:23-cv-03663 (S.D.N.Y., May 1, 2023).
The lawsuit is brought over alleged violation of the Fair Debt
Collection Practices Act.
RGS -- https://rgsfinancial.com/ -- is a leader in the receivable
management industry providing solutions within the entire customer
account life cycle.[BN]
The Plaintiff is represented by:
Robert Thomas Yusko, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: ryusko@steinsakslegal.com
SAN DIEGO SIGN: Class Certification Bid Must be Filed by Sept. 29
-----------------------------------------------------------------
In the class action lawsuit captioned as RANDOL THOMAS,
individually and on behalf of a class of others similarly situated,
v. SAN DIEGO SIGN COMPANY, INC., dba WS DISPLAY, Case No.
1:23-cv-00283-CCC (M.D. Pa.), the Hon. Judge Christopher C. Conner
entered a case management order as follows:
1. The following dates and deadlines shall govern the discovery
and
motions phase of the above-captioned civil action:
-- Amendment of Pleadings: June 30, 2022
-- Class Discovery: August 31, 2023
-- The Plaintiff's Motion for September 29, 2023
Class Certification:
2. Any request for extension of the discovery deadline must be
made
at least 14 days prior to the close of discovery. Requests
for
extensions of the above time periods will not be granted
except
for good cause.
3. Any request for extension of the above time periods must be
made
by motion in conformity with Local Rules 5.1(g), 7.1, and 7.5
and must be signed by counsel in conformity with the Civil
Justice Reform Act of 1990, 28 U.S.C. section 473(b)(3).
San Diego Sign Company specializes in portable exhibit displays,
roll up retractable banners, and large format digital printing.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/42myMHv at no extra charge.[CC]
SAN JOAQUIN GENERAL: Arcaina Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against San Joaquin General
Hospital Foundation, et al. The case is styled as Jocelyn Del
Castillo Arcaina, individually, and on behalf of all others
similarly situated v. San Joaquin General Hospital Foundation, Bolt
Staffing Service, Inc., Case No. STK-CV-UOE-2023-0004386 (Cal.
Super. Ct., San Joaquin Cty., May 1, 2023).
The case type is stated as "Unlimited Civil Other Employment."
San Joaquin General Hospital Foundation --
https://www.sanjoaquingeneral.org/giving-foundation -- operates as
a non-profit organization. The Organization offers medical and
surgical hospital services such as audiology, diagnostic imaging,
radiology, pediatrics, physical therapy, family medicine, and
cardiology services.[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
SAVE MART: March 22, 2024 Class Certification Bid Filing Sought
---------------------------------------------------------------
In the class action lawsuit captioned as KATHERINE BAKER, et al.,
v. SAVE MART SUPERMARKETS, Case No. 3:22-cv-04645-WHO (N.D. Cal.),
the Parties have conferred and agreed to the following schedule for
the Plaintiffs' motion for class certification:
-- Motion March 22, 2024
-- Opposition April 21, 2024
-- Reply May 12, 2024
-- Hearing May 31, 2024
The Court held an initial Case Management Conference on April 25,
2023. The Court generally adopted the Plaintiffs' class
certification schedule, but ordered the parties to modify the
opposition, reply, and, if necessary, hearing dates by stipulation
and proposed order.
Save Mart is a family owned and operated full service grocery store
chain.
A copy of the Parties' motion dated April 28, 2023 is available
from PacerMonitor.com at https://bit.ly/44quBfD at no extra
charge.[CC]
The Plaintiffs are represented by:
Anne B. Shaver, Esq.
Michelle A. Lamy, Esq.
LIEFF CABRASER HEIMANN & BERNSTEIN LLP
275 Battery St. Fl. 29
San Francisco CA 94111
Telephone: (415) 956-1000
Facsimile: (415) 956-1008
- and -
James P. Keenley, Esq.
Emily A. Bolt, Esq.
BOLT KEENLEY KIM LLP
2855 Telegraph Ave., Suite 517
Berkeley CA 94705
Telephone: (510) 225-0696
Facsimile: (510) 225-1095
- and -
Matthew J. Matern, Esq.
Mikael H. Stahle, Esq.
MATERN LAW GROUP, PC
1230 Rosecrans Ave., Suite 200
Manhattan Beach CA 90266
Telephone: (310) 531-1900
Facsimile: (310) 531-1901
The Defendant is represented by:
Michael B. Slade, Esq.
E-mail: mslade@kirkland.com
SCHWANS CONSUMER: Class Cert Bid Filing Extended in Martin Suit
---------------------------------------------------------------
In the class action lawsuit captioned as NIYA MARTIN, individually
and on behalf of all others similarly situated, V. SCHWANS CONSUMER
BRANDS, INC. Case No. 4:22-cv-00469-MW-MAF (N.D. Fla.), the Hon.
Judge Mark E. Walker entered an order granting motion to extend
deadline to file motion for class certification.
Schwan's Consumer manufactures and markets food products. The
Company offers frozen gourmet layer cakes, cheesecakes, desserts,
and ice cream.
A copy of the Court's order dated April 27, 2023 is available from
PacerMonitor.com at https://bit.ly/3NCzJrc at no extra charge.[CC]
SECURE IP: Luna Sues Over Unsolicited Telemarketing Messages
------------------------------------------------------------
BRANDON LUNA, individually and on behalf of all others similarly
situated, Plaintiff v. SECURE IP TELECOM, INC., d/b/a AMERICA
VOICE, Defendant, Case No. 4:23-cv-01630 (S.D. Tex., May 2, 2023)
is a class action against the Defendant for violation of the
Telephone Consumer Protection Act.
The case arises from the Defendant's practice of sending
prerecorded messages to the telephone numbers of the Plaintiff and
similarly situated consumers in an attempt to advertise its goods
and services without first obtaining the required express written
consent. As a result of the Defendant's alleged conduct, the
Plaintiff and Class members are harmed including invasion of
privacy, harassment, aggravation, and disruption of daily life.
Secure IP Telecom, Inc., doing business as America Voice, is a
telecom technology services company, with its principal office
located in Los Angeles, California. [BN]
The Plaintiff is represented by:
Andrew J. Shamis, Esq.
SHAMIS & GENTILE, PA
14 NE 1st Ave., Suite 705
Miami, FL 33132
Telephone: (305) 479-2299
E-mail: ashamis@shamisgentile.com
- and -
Michael L. Eisenband, Esq.
EISENBAND LAW, P.A.
515 E. Las Olas Boulevard, Suite 120
Ft. Lauderdale, FL 33301
Telephone: (954) 533-4092
E-mail: MEisenband@Eisenbandlaw.com
- and -
Manuel S. Hiraldo, Esq.
HIRALDO P.A.
401 E. Las Olas Boulevard, Suite 1400
Ft. Lauderdale, FL 33301
Telephone: (954) 400-4713
E-mail: mhiraldo@hiraldolaw.com
SERVICE CORP: Taylor Administrative Claims Process Ongoing
----------------------------------------------------------
Service Corporation International disclosed in its Form 10-Q Report
for the quarterly period ending March 31, 2023 filed with the
Securities and Exchange Commission on May 2, 2023, that the
administrative claims process of the Taylor class suit is
underway.
Nancy Taylor, on behalf of herself and others similarly situated v.
Service Corporation International and others, Case No. 20-cv-60709;
in the United States District Court for the Southern District of
Florida, Fort Lauderdale Division.
This case was filed in April 2020 as a Florida class action
alleging that the allocation of prices among certain of our
cremation service contracts and cremation merchandise contracts,
and the related preneed trust funding, and the failure to disclose
commissions paid and sales practices associated with the sale of
third-party travel protection plans, violate the Florida Deceptive
and Unfair Trade Practices Act and constitute unjust enrichment.
Plaintiff seeks refunds; general, actual, compensatory and
exemplary damages; civil penalties, interest, and attorney fees.
The parties have reached a settlement of the lawsuit that would
include an immaterial payment of attorney fees and provide
consumers enhanced cancellation rights for a period of sixty days.
The impact of these enhanced cancellation rights is not expected to
be material. The court has approved the settlement, the class has
been certified, and the administrative claims process is underway.
Service Corporation International provides death care services. The
Company offers funeral, cremation, and cemetery services. Service
Corp International serves customers worldwide. [BN]
SJP 1 TRAIN LLC: Crosson Files ADA Suit in E.D. New York
--------------------------------------------------------
A class action lawsuit has been filed against SJP 1 Train LLC. The
case is styled as Aretha Crosson, individually and as the
representative of a class of similarly situated persons v. SJP 1
Train LLC, Case No. 1:23-cv-03271 (E.D.N.Y., May 1, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SJP 1 TRAIN LLC is a New York Foreign Limited-Liability
Company.[BN]
The Plaintiff is represented by:
Dan Shaked, Esq.
SHAKED LAW GROUP, P.C.
14 Harwood Court, Suite 415
Scarsdale, NY 10583
Phone: (917) 373-9128
Email: shakedlawgroup@gmail.com
SNC ELECTRIC: Padilla Seeks to Recover Unpaid Overtime Hours
------------------------------------------------------------
Jose Padilla, both individually, and on behalf of those similarly
situated, Plaintiffs v. SHC Electric, LLC., Defendants, Case No.
3:23-cv-00913-G (N.D. Tex., April 28, 2023) arises out of the
Defendant's alleged violations of the Fair Labor Standards Act and
the Texas Labor Code.
Plaintiff Jose Padilla began working for SHC in or before May 2022
until January 13, 2023. Throughout the course of Padilla's
employment with SHC, he was regularly scheduled and directed to
work in excess of 40 hours per week. However, the Defendants failed
to keep proper time records tracking Padilla's time worked and
failed and refused to pay Padilla overtime wages for hours worked
in excess of 40 hours per week, says the suit.
SHC operates a private for-profit business in the state of Texas.
It employs over 30 laborers to residential and commercial electric
services. [BN]
The Plaintiff is represented by:
James M. Dore, Esq.
JUSTICIA LABORAL LLC
6232 N. Pulaski Road, Suite 300
Chicago, IL 60646
Telephone: 773-415-4898
E-mail: jdore@justicialaboral.com
SOUTHEAST ENERGY: Sends Unwanted Telemarketing Calls, Harman Says
-----------------------------------------------------------------
ROBERT L. HARMAN, individually and on behalf of all others
similarly situated, Plaintiff v. SOUTHEAST ENERGY CONSULTANTS LLC
and VIA RENEWABLES, INC., Defendants, Case No.
8:23-cv-00959-TPB-SPF (M.D. Fla., May 2, 2023) is a class action
against the Defendants for violations of the Telephone Consumer
Protection Act and Florida Telephone Solicitation Act.
According to the complaint, the Defendants are engaged in placing
cold calls to consumers' telephone numbers using a pre-recorded
voice message without obtaining prior express written consent. As a
result of the Defendants' conduct, the Plaintiff and similarly
situated consumers were harmed, says the suit.
Southeast Energy Consultants LLC is an operator of energy
deregulation call centers based in Holiday, Florida.
Via Renewables, Inc., is a gas and electricity provider
headquartered in Houston, Texas. [BN]
The Plaintiff is represented by:
Stefan Coleman, Esq.
COLEMAN PLLC
66 West Flagler Street, Suite 900
Miami, FL 33130
Telephone: (877) 333-9427
E-mail: law@stefancoleman.com
- and -
Avi R. Kaufman, Esq.
KAUFMAN PA
237 S. Dixie Hwy., Floor 4
Coral Gables, FL 33133
Telephone: (305) 469-5881
E-mail: kaufman@kaufmanpa.com
SUBWAY RESTAURANTS: Stay on Discovery Dispute Lifted in Amin Suit
-----------------------------------------------------------------
In the class action lawsuit captioned as NILIMA AMIN, et al., v.
SUBWAY RESTAURANTS, INC., et al., Case No. 4:21-cv-00498-JST (N.D.
Cal.), the Hon. Judge Lisa Cisneros entered an order lifting stay
on discovery dispute and denying without prejudice plaintiff's
requests to set aside deemed admissions and waivers of objections.
In this putative class action, the parties have a pending discovery
dispute. The Plaintiff Nilima Amin requests that this Court set
aside deemed admissions and her waiver of objections to various
discovery requests that the Defendants served on her, and to which
she served late responses.
After a hearing on the matter, this Court stayed resolution of the
dispute to permit the Plaintiff to file a motion to dismiss
pursuant to Rule 41(a) of the Federal Rules of Civil Procedure.
The Plaintiff filed her Motion to Dismiss by the Court’s
deadline. The Court has set a hearing on the motion to dismiss for
July 27, 2023, after the deadline for the Plaintiff's motion for
class certification and other related deadlines.
In light of the posture of this case, and the Plaintiff's desire to
dismiss the action, the Court lifts the stay on the parties'
discovery dispute, and denies without prejudice, the Plaintiff's
requests to set aside deemed admissions and waivers of objections.
The parties may refile their joint discovery letter, or a similar
letter presenting same dispute, if the Plaintiff's motion to
dismiss is denied.
Subway is an American multinational fast food restaurant franchise
that specializes in submarine sandwiches (subs), wraps, salads and
drinks.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3Vx9O62 at no extra charge.[CC]
SUCCESS INC: Castro Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Success, Inc. The
case is styled as Felix Castro, on behalf of himself and all others
similarly situated v. Success, Inc., Case No. 1:23-cv-03626
(S.D.N.Y., May 1, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SUCCESS -- https://www.success.com/ -- is your guide for personal
and professional development through inspiration, motivation and
training.[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
SUEZ WTS: Bulnes Must File Class Certification Bid by Sept. 18
--------------------------------------------------------------
In the class action lawsuit captioned as MARTIN BULNES,
individually, and on behalf of other members of the general public
similarly situated, v. SUEZ WTS SERVICES USA, INC., et al., Case
No. 3:22-cv-01154-BAS-AHG (S.D. Cal.), the Hon. Judge Allison
Goddard entered an order granting joint motion to continue
scheduling order deadlines:
1. Fact and class discovery are not July 20, 2023
bifurcated, but class discovery must
be completed by:
2. The Plaintiff must file a motion for Sept. 18,
2023
class certification by:
Within three days of a ruling on the motion for class
certification, the parties must jointly contact the Courtvia email
(at efile_goddard@casd.uscourts.gov) to arrange a further case
management conference.
The parties request a 45-day extension of the operative dates in
the case schedule, including the fact discovery cut-off and the
deadline for the Plaintiff to file the motion for class
certification. Because the Defendant's motion to compel arbitration
and dismiss class claims remains pending, the Court finds good
cause to grant the joint motion.
Suez WTS produces and markets a variety of specialty chemical
products.
A copy of the Court's order dated April 28, 2023 is available from
PacerMonitor.com at https://bit.ly/3NB3fNO at no extra charge.[CC]
T. ROWE PRICE: Invasion of Privacy Class Suit Dismissed
-------------------------------------------------------
T. ROWE PRICE GROUP, INC. disclosed in its Form 10-Q Report for the
quarterly period ending March 31, 2023 filed with the Securities
and Exchange Commission on May 2, 2023, that the United States
District Court for the Southern District of California granted
plaintiffs' motion to dismiss the Invasion of Privacy Act class
suit with prejudice on February 27, 2023.
On October 27, 2022, two individuals filed a class action lawsuit
in the United States District Court for the Southern District of
California against T. Rowe Price Retirement Plan Services, Inc.
("RPS"). The complaint alleged that use of certain biometric
voiceprints to validate the identity of callers as participants in
retirement plans serviced by RPS violated the California Invasion
of Privacy Act ("CIPA") because RPS did not obtain their express
written consent.
On February 27, 2023, the plaintiffs moved to dismiss their
complaint without prejudice and the court granted the motion.
T. Rowe Price Group, Inc. is a financial services holding company
based in Maryland.
TAK COMMUNICATIONS: Monacelli Sues Over Installers' Unpaid Wages
----------------------------------------------------------------
ANTHONY MONACELLI, individually and on behalf of all others
similarly situated, Plaintiff v. TAK COMMUNICATIONS, INC., CWCH,
INC., and TRILINK INTELL GROUP, INC., Defendants, Case No.
2:23-cv-02266 (W.D. Tenn., May 2, 2023) is a class action against
the Defendants for failure to pay minimum wages and overtime wages
in violation of the Fair Labor Standards Act.
Mr. Monacelli was employed by the Defendants as a wire
technician/cable installer.
TAK Communications, Inc. is a national cable installation,
construction and infrastructure firm based in Sioux Falls, South
Dakota.
CWCH, Inc. is a cable installation contractor based in Nashville,
Tennessee.
Trilink Intell Group, Inc., is a cable installation contractor
based in Wesley Chapel, Florida. [BN]
The Plaintiff is represented by:
Gordon E. Jackson, Esq.
J. Russ Bryant, Esq.
JACKSON SHIELDS YEISER HOLT OWEN & BRYANT
262 German Oak Drive
Memphis, TN 38018
Telephone: (901) 754-8001
Facsimile: (901) 759-1745
E-mail: gjackson@jsyc.com
rbryant@jsyc.com
TAYLOR MORRISON: Oral Arguments for Gundel Suit Set for May 2023
----------------------------------------------------------------
Taylor Morrison Home Corp. disclosed in its Form 10-Q Report for
the quarterly period ending March 31, 2023 filed with the
Securities and Exchange Commission on April 26, 2023, that oral
arguments for the Gundel class suit is set for May 2023.
On April 26, 2017, a class action complaint was filed in the
Circuit Court of the Tenth Judicial Circuit in and for Polk County,
Florida by Norman Gundel, William Mann, and Brenda Taylor against
Avatar Properties, Inc. (an acquired AV Homes entity), generally
alleging that the Company's collection of club membership fees in
connection with the use of one of its amenities in its East
homebuilding segment violates various laws relating to homeowner
associations and other Florida-specific laws.
The class action complaint seeks an injunction to prohibit future
collection of club membership fees.
On November 2, 2021, the court determined that the club membership
fees were improper and that plaintiffs were entitled to $35.0
million in fee reimbursements. The Company appealed the court's
ruling to the Second District Court of Appeal on November 29, 2021,
and as of March 31, 2023, its appeal remained pending.
Subsequent to March 31, 2023, oral arguments have been scheduled
for May 2023.
Taylor Morrison Home Corporation is into residential homebuilding
and the development of lifestyle communities based in Arizona.
TELADOC HEALTH: Continues to Defend Securities Class Suit in IL
---------------------------------------------------------------
Teladoc Health Inc. disclosed in its Form 10-Q Report for the
quarterly period ending March 31, 2023 filed with the Securities
and Exchange Commission on May 2, 2023, that the Company continues
to defend a securities class suit in the Circuit Court of Cook
County, Illinois.
On August 27, 2021, a purported securities class action complaint
(City of Hialeah Employees' Retirement System v. Teladoc Health,
Inc., et.al.) was filed in the Circuit Court of Cook County,
Illinois against the Company and certain of the Company's current
and former officers and directors. The complaint was brought on
behalf of a purported class consisting of all persons who acquired
shares of Teladoc Health common stock issued in the Livongo merger.
The complaint asserted violations of Sections 11, 12(a)(2) and 15
of the Securities Act based on allegedly false or misleading
statements and omissions with respect to the registration statement
and prospectus filed in connection with the Livongo merger.
The complaint sought certification as a class action, unspecified
compensatory damages plus interest and attorneys' fees, rescission
or a rescissory measure of damages and equitable or other relief.
On January 18, 2022, the case was voluntarily dismissed without
prejudice in the Circuit Court of Cook County, Illinois and on
January 26, 2022, was refiled in the Supreme Court of the State of
New York.
The refiled case includes substantially the same allegations.
The Company believes that these claims are without merit, and the
Company and its named current and former officers and directors
intend to defend the lawsuit vigorously, including through the
filing of a motion to dismiss the complaint on April 8, 2022.
Teladoc Health, Inc. is a healthcare company based in New York.
TERRAFORM LABS: Seeks Dismissal of Securities Class Action Suit
---------------------------------------------------------------
Martin Young of Cointelegraph reports that Terraform Labs is
seeking to have a class-action lawsuit against the firm dismissed,
arguing the United States securities laws referenced are not
applicable to its foreign-developed protocols.
On May 3, Terraform Labs requested a California federal judge
dismiss an investor suit brought by Nick Patterson that claimed the
company sold unregistered securities and misled investors.
The firm's attorneys, Dentons, argued that federal securities laws
do not apply since the protocols were developed and used outside of
the United States.
The Terra/Luna ecosystem collapsed in May 2022, wiping out billions
from the crypto markets. The crash has sparked a raft of lawsuits
against the firm, associated entities such as the Luna Foundation
Guard, and company founder Do Kwon.
In June 2022, this particular class action was filed, claiming that
the Terra tokens — TerraUSD (UST) and LUNA — were securities,
among other allegations.
According to Law360, Terraform's dismissal motion argued that
federal securities laws and the mail and wire fraud accusations in
the suit only apply domestically.
"The federal securities laws do not apply because the SAC [Second
Amended Complaint] does not allege that any of the protocols at
issue were developed domestically."
The same argument also applies to the suit's RICO (Racketeer
Influenced and Corrupt Organizations) allegations, which claimed
the firm's goal was to reap profits at retail investors' expense,
according to Terraform.
Nick Patterson, who filed the suit on behalf of investors, did not
adequately plead that mail and wire fraud allegations occurred
domestically, it argued.
The motion also states that the plaintiff failed to identify the
location of digital wallets containing his Terra tokens, which
negates any "domestic injury" claims, according to Terraform.
Terraform and Do Kwon were sued by the Securities and Exchange
Commission in February, with the regulator claiming they
orchestrated a multibillion-dollar securities fraud.
In April, a South Korean court ruled that LUNA was not a security
under the country's Capital Markets Act.
On April 25, Terraform Labs co-founder Hyun-seong Shin and nine
individuals associated with the firm were indicted in South Korea.
They were reportedly indicted on charges of fraud, breach of trust
and embezzlement and referred to trial following almost a year of
investigation. [GN]
TRAVELERS PROPERTY: Hurley Sues Over Inflated Insurance Coverage
----------------------------------------------------------------
CAROLYN HURLEY, Individually and on behalf of others similarly
situated v. TRAVELERS PROPERTY CASUALTY CORP., THE TRAVELERS
INDEMITY COMPANY, ST. PAUL FIRE AND MARINE INSURANCE COMPANY, ST.
PAUL PROTECTIVE INSURANCE COMPANY, Defendants, Case No.
1:23-cv-02394-RMB-MJS (D.N.J., May 1, 2023) arises out of the
Defendants' violations of the New Jersey Consumer Fraud Act, breach
of contract, breach of implied covenant of good faith and fair
dealing, and unjust enrichment.
Allegedly, the Defendants have been surreptitiously selling excess,
unnecessary insurance coverage to New Jersey homeowners, in clear
violation of the New Jersey law. The Plaintiff purchased and
renewed Defendants' homeowners' policies, which are deceptive and
include unfairly inflated Coverage A liability limits. The
Plaintiff paid monies for said inflated Coverage A limits in order
to obtain and maintain insurance for the property. Accordingly, the
Plaintiff seeks to stop Defendants from continuing their unlawful
business practices and to obtain just compensation for injured
homeowners, says the suit.
Defendant Travelers Property Casualty Corp. is a corporation
engaged in the business of insurance organized under the laws of
the State of Connecticut. [BN]
The Plaintiff is represented by:
Kenneth J. Grunfeld, Esq.
Kevin W. Fay, Esq.
GOLOMB SPIRT GRUNFELD, P.C.
1835 Market Street, Suite 2900
Philadelphia, PA 19103
Telephone: (215) 985-9177
Facsimile: (215) 985-4169
Email: kgrunfeld@golomblegal.com
kfay@golomblegal.com
- and -
Kenneth D. Quat, Esq.
QUAT LAW OFFICES
373 Winch Street
Framingham MA 01701
Telephone: 508-872-1261
E-mail: ken@quatlaw.com
UNISYS CORP: Continues to Defend Securities Class Suit in PA
------------------------------------------------------------
Unisys Corp. disclosed in its Form 10-Q Report for the quarterly
period ending March 31, 2023 filed with the Securities and Exchange
Commission on May 2, 2023, that the Company continues to defend the
securities class suit in the United States District Court for the
Eastern District of Pennsylvania.
On November 11, 2022, a purported stockholder of the company filed
a putative securities class action complaint in the United States
District Court for the Eastern District of Pennsylvania against the
company and certain of its current officers, alleging violations of
the Securities Exchange Act of 1934, as amended, based on allegedly
false or misleading statements related to projections and certain
other statements positively characterizing the company’s
momentum, business, prospects and operations, and the effectiveness
of the company’s internal control over financial reporting and
the company's disclosure controls and procedures.
The plaintiff seeks an award of compensatory damages, among other
relief, and costs and attorneys' and experts' fees.
With respect to the specific legal proceedings and claims described
above, except as otherwise noted, either (i) the amount or range of
possible losses in excess of amounts accrued, if any, is not
reasonably estimable or (ii) the company believes that the amount
or range of possible losses in excess of amounts accrued that are
estimable would not be material.
Unisys Corporation is an information technology company based in
Pennsylvania.
UNITED STATES: Adia Holdings Sues Over Delayed Disbursement
-----------------------------------------------------------
Adia Holdings, Inc., on behalf of itself and a class of similarly
situated business entities and persons v. THE UNITED STATES OF
AMERICA, Case No. 1:23-cv-00623-EDK (U.S. Dist. Ct. of Federal
Claims, May 1, 2023), is brought seeks damages on behalf of the
Class, which include, but are not limited to: the disbursement of
award amounts promised by the SBA; amounts expended in accordance
with the RRF program's guidelines for the eligible uses of funds;
reimbursement of costs and expenses, including attorneys' fees and
expert fees; and any additional relief this Court may determine to
be necessary to provide complete relief to Plaintiff and the
Class.
In response to the crippling effects of the coronavirus pandemic on
the United States economy, the United States Congress passed the
American Rescue Plan Act of 2021 ("ARPA"). ARPA authorized the
Small Business Administration ("SBA") to administer grants from the
newly created Restaurant Revitalization Fund ("RRF") to assist
restaurants, bars, and other similar places of business that serve
food or drink in remaining open or reopening. ARPA appropriated
$28.6 billion to the RRF to be awarded to eligible entities.
On May 3, 2021, the RRF online application portal opened to all
applicants. However, under ARPA's statutory priority program, only
applications from the designated priority group would be processed
during the initial 21 days that the program was operational, or
until May 24, 2021. To qualify for the priority group, ARPA
required, among other things, that the applying restaurant or other
eligible entity be majority-owned by women, veterans, and/or
socially and economically disadvantaged individuals.
The Plaintiff and members of the Class applied for the RRF grants
as priority applicants and thereafter received written confirmation
from the SBA that their applications had been approved and their
awarded funds would be disbursed within 3 to 7 business days (from
the approval notice).
Despite a delay in the disbursement, the SBA assured Plaintiff and
Class members in writing that their awarded funds were forthcoming.
But they were not. In the end, the funds never made it to Plaintiff
or any Class member, and Plaintiff and Class members were left in a
significantly worse position than if the SBA had never agreed and
promised to award the funds in the first place.
Indeed, rather than follow through on its agreement to pay out the
awarded funds, beginning on or about June 23, 2021, Plaintiff and
Class members started to receive standardized written notice from
the SBA advising that the awarded funds would be rescinded,
purportedly due to orders in Tennessee and Texas lawsuits holding
that the 21-day priority application program was unlawful. However,
based on the timing of their applications, Plaintiff and Class
members should have received an award even under the orders in
those lawsuits, says the complaint.
The Plaintiff is a California corporation formed and existing under
the laws of the State of California.
The Defendant is the United States of America.[BN]
The Plaintiff is represented by:
Andrew W. Lamb, Esq.
Stephen Weisbrod, Esq.
WEISBROD MATTEIS & COPLEY
1200 New Hampshire Ave, NW, Suite 400
Washington, DC 20036
Phone: (202) 499-7900
Email: alamb@wmclaw.com
sweisbrod@wmclaw.com
UNITED THERAPEUTICS: Continues to Defend RICO Violations Class Suit
-------------------------------------------------------------------
United Therapeutics Corporation disclosed in its Form 10-Q Report
for the quarterly period ending March 31, 2023 filed with the
Securities and Exchange Commission on May 3, 2023, that the Company
continues to defend the RICO violations class suit in the U.S.
District Court for the District of Massachusetts.
On July 27, 2020, MSP Recovery Claims, Series LLC; MSPA Claims 1,
LLC; and Series PMPI, a designated series of MAO-MSO Recovery II,
LLC filed a "Class Action Complaint" against Caring Voices
Coalition, Inc. (CVC) and the Company in the U.S. District Court
for the District of Massachusetts. The complaint alleged that the
Company violated the federal Racketeer Influenced and Corrupt
Organizations act and various state laws by coordinating with CVC
when making donations to a PAH fund so that those donations would
go towards copayment obligations for Medicare patients taking drugs
manufactured and marketed by us.
Plaintiffs claim to have received assignments from various Medicare
Advantage health plans and other insurance entities that allow them
to bring this lawsuit on behalf of those entities to recover
allegedly inflated amounts they paid for our drugs.
In April 2021, the court granted the Company's motion to transfer
the case to the U.S. District Court for the Southern District of
Florida.
In October 2021, the Company filed a motion for judgment on the
pleadings, seeking to dismiss the plaintiffs' claims in this
litigation. On that same day, plaintiffs filed an amended complaint
that includes state antitrust claims based on alleged facts similar
to those raised by Sandoz and RareGen in the matter described
above.
The amended complaint added MSP Recovery Claims Series 44, LLC as a
plaintiff and Smiths Medical and CVC as defendants. As a result of
the amended complaint, the court ruled that our motion for judgment
on the pleadings was moot.
In December 2021, the Company filed a motion to dismiss all of the
plaintiffs' claims in the amended complaint, including the new
antitrust claims.
Smiths Medical also filed a motion to dismiss the plaintiffs’
claims against Smiths Medical.
On September 23, 2022, the court dismissed all of the plaintiffs’
claims against the Company and Smiths Medical without prejudice.
On October 21, 2022, the plaintiffs filed a motion seeking
clarification or reconsideration of the court's order dismissing
the complaint without prejudice and argued that the court should
allow the plaintiffs an opportunity to amend.
That same day, the plaintiffs filed a motion for leave to amend the
complaint and attached a proposed second amended complaint.
In addition to the claims previously asserted, the proposed second
amended complaint adds federal antitrust claims and consumer
protection claims under other states' laws.
The second amended complaint also names Accredo Health Group, CVS
Health Corporation, Express Scripts, Inc., Express Scripts Holding
Company, and the Adira Foundation as additional defendants.
On October 27, 2022, the court granted plaintiffs’ motion for
leave to amend, and denied as moot plaintiffs’ motion seeking
clarification.
On that same day, plaintiffs filed the second amended complaint.
The Company filed a motion to reconsider the court’s decision to
allow plaintiffs to amend their complaint, and that motion was
denied.
Plaintiffs also moved to supplement their second amended complaint,
but that motion was denied.
Plaintiffs have lodged an objection with the court regarding that
ruling.
On March 17, 2023, the Company filed its motion to dismiss the
second amended complaint.
Other defendants filed additional motions to dismiss as well.
Plaintiffs’ response is due by May 19, 2023, and its reply is due
by June 30, 2023.
The Company intend to vigorously defend against this lawsuit.
United Therapeutics Corporation is a biotechnology company based
in
Maryland.
UNIVERSAL PROTECTION: Faces Sears Wage-and-Hour Suit in S.D. Ind.
-----------------------------------------------------------------
ADAM SEARS, individually and on behalf of all others similarly
situated, Plaintiff v. UNIVERSAL PROTECTION SERVICE, LLC d/b/a
ALLIED UNIVERSAL SECURITY SERVICES, Defendant, Case No.
1:23-cv-00743-RLY-MJD (S.D. Ind., May 1, 2023) is a class action
against the Defendant for failure to compensate the Plaintiff and
similarly situated employees overtime pay for all hours worked in
excess of 40 hours in a workweek in violation of the Fair Labor
Standards Act and the Indiana Wage Payment Statute.
Mr. Sears was employed by Allied Universal as an hourly paid
non-exempt employee from approximately July 22, 2022 to April 26,
2023.
Universal Protection Service, LLC, doing business as Allied
Universal Security Services, is a security and facility services
company located in Indiana. [BN]
The Plaintiff is represented by:
Robert J. Hunt, Esq.
Robert F. Hunt, Esq.
THE LAW OFFICE OF ROBERT J. HUNT, LLC
1905 South New Market Street, Ste 168
Carmel, IN 46032
Telephone: (317) 743-0614
Facsimile: (317) 743-0615
E-mail: rob@indianawagelaw.com
rfh@indianawagelaw.com
VI-JON LLC: Loughlin Seeks to Certify Rule 23 Class Action
----------------------------------------------------------
In the class action lawsuit captioned as KRISTINA LOUGHLIN,
individually, and on behalf of others similarly situated, v.
VI-JON, LLC, Case No. 1:20-cv-11555-MLW (D. Mass.), the Plaintiff
asks the Court to enter an order pursuant to Federal Rule of Civil
Procedure 23: , for an Order:
1. certifying this action to proceed as a class action pursuant
to
Rule 23(a) and (b)(3);
2. appointing the Plaintiff to serve as Class Representative;
and
3. appointing KamberLaw LLP and the Law Offices of Edward L.
Manchur, P.C. to serve as Class Counsel pursuant to Rule
23(g).
The Plaintiff requests that the Court certify the following
proposed Class:
"All Massachusetts purchasers who, from August 26, 2016 through
the date a class is certified in this matter, purchased the
Defendant's alcohol-based hand sanitizer Products for personal,
family, or household purposes that bear a "kills 99.99% of
germs"
or "kills more than 99.99% of germs" representation on the
front
label.
Excluded from the proposed Class is (i) the Defendant, any
entity
in which the Defendant has a controlling interest, including
its
officers, agents and employees, (ii) the Court and its staff,
and
(iii) Class Counsel and their staff.
Vi-Jon manufactures and retails beauty care & healthcare products.
A copy of the Plaintiff's motion dated April 28, 2023 is available
from PacerMonitor.com at https://bit.ly/415vWW6 at no extra
charge.[CC]
The Plaintiff is represented by:
Edward L. Manchur, Esq.
LAW OFFICES OF EDWARD L. MANCHUR, P.C.
Peabody, MA 01960
Telephone: (978) 333-1013
E-mail: manchurlaw@gmail.com
- and -
Naomi B. Spector, Esq.
KAMBERLAW LLP
1501 San Elijo Hills Road South
Suite 104-212
San Marcos, CA 92078
Telephone: (310) 400-1053
E-mail: nspector@kamberlaw.com
VICOUR HOLDINGS: Fails to Pay Minimum Wages, Heimpel et al. Allege
------------------------------------------------------------------
Donald Ernest Heimpel, Dillon Kercher, Ronald Palacios, Plaintiffs
v. Vicour Holdings, LLC, James Richard Seba, Defedants, Case No.
8:23-cv-01159-AAQ (D. Md., May 1, 2023) is a class action arising
out of the Defendant's alleged violations of the Fair Labor
Standards Act, the Maryland Wage and Hour Law, the Maryland Wage
Payment and Collection Law, and common law breach of contract.
Plaintiff Heimpel first began working for Defendants, by way of
Pavement Company, LLC on or about November 20, 2017 and stopped
working for it on or about September 19, 2022. Among other things,
the Defendants violated the minimum wage provisions of the FLSA and
the MWHL by failing to properly pay at least the minimum wages due
to Plaintiffs, and other similarly situated employees, says the
suit.
Vicour Holdings, LLC is a company formed in the state of Maryland.
It owned and operated Pavement Company, LLC, which was a company
formed in the state of Maryland to engage in a variety of business
operations relating to pavement throughout the region. [BN]
The Plaintiffs are represented by:
Howard B. Hoffman, Esq.
HOFFMAN EMPLOYMENT LAW, LLC
600 Jefferson Plaza, Suite 204
Rockville, MD 20852
Telephone: (301) 251-3752
Facsimile: (301) 251-3753
E-mail: hhoffman@hoholaw.com
- and -
Jordan S. Liew, Esq.
HOFFMAN EMPLOYMENT LAW, LLC
600 Jefferson Plaza, Suite 204
Rockville, MD 20852
Telephone: (301) 251-3752
Facsimile: (301) 251-3753
E-mail: jliew@hoholaw.com
WILMINGTON, DE: Fails to Pay Overtime Wages, Cooper et al. Say
--------------------------------------------------------------
ANDRE COOPER, RICHARD DANNER, BRANDON GREGG, MICHAEL HARRIS, DENNIS
KIRLIN, and DEMETRIUS TODD, individually and on behalf of
themselves and all others similarly situated, Plaintiffs v. CITY OF
WILMINGTON, DELAWARE, Defendant, Case No. 1:23-cv-00471-UNA (D.
Del., April 28, 2023) arises out of the Defendant's alleged
violations of the Fair Labor Standards Act.
The Defendant employed Plaintiffs in the position of battalion
chief in the Wilmington Fire Department. Allegedly, the Defendant
misclassified battalion chiefs as exempt employees and failed to
pay them overtime compensation at one and one-half time their
regular rate of pay for all hours worked in excess of 212 hours in
a 28-day period, says the suit.
The Defendant is an incorporated municipality under the laws of the
State of Delaware. It operates the City of Wilmington Fire
Department, which is the City department responsible for providing
fire suppression and first response emergency medical services to
the City of Wilmington. [BN]
The Plaintiffs are represented by:
Claiborne S. Newlin, Esq.
MARKOWITZ & RICHMAN
Legal Arts Building
1225 King Street, Suite 804
Wilmington, DE 19801
Telephone: (302) 656-2308
Facsimile: (215) 790-0668
E-mail: cnewlin@markowitzandrichman.com
- and –
Lauren P. McDermott, Esq.
Mark J. Murphy, Esq.
MOONEY, GREEN, SAINDON, MURPHY & WELCH, P.C.
1920 L Street, NW, STE 400
Washington, DC 20036
E-mail: lmcdermott@mooneygreen.com
mmurphy@mooneygreen.com
WINGRA DIRECT: Espinal Files ADA Suit in S.D. New York
------------------------------------------------------
A class action lawsuit has been filed against Wingra Direct LLC.
The case is styled as Frangie Espinal, on behalf of herself and all
other persons similarly situated v. Wingra Direct LLC, Case No.
1:23-cv-03690 (S.D.N.Y., May 2, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Wingra Direct -- https://www.wingradirect.com/ -- own and operate
the niche retail websites The Rust Store and
SharpeningSupplies.com.[BN]
The Plaintiff is represented by:
Dana Lauren Gottlieb, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (917) 796-7437
Fax: (212) 982-6284
Email: danalgottlieb@aol.com
YAKIMA HMA: Wash. App. Dismisses Campeau's Unpaid Wages Claims
--------------------------------------------------------------
In the case, DANIEL CAMPEAU, individually and on behalf of all
persons similarly situated, Respondent v. YAKIMA HMA LLC,
Petitioner, Case No. 38152-8-III (Wash. App.), the Court of Appeals
of Washington, Division Three, reverses the trial court's order
denying Yakima Regional's motion to dismiss and dismisses Mr.
Campeau's claims.
In 2015, the Washington State Nurses Association (WSNA) brought
suit on behalf of its union members against their employer, Yakima
HMA LLC (Yakima Regional), and obtained a large judgment for back
wages and attorney fees. The state Supreme Court reversed that
judgment and dismissed the action because WSNA lacked associational
standing to bring suit on behalf of its members. Mr. Campeau, a
union member of WSNA, then brought this action seeking class
certification and asserting the same claims that had been
dismissed.
Mr. Campeau was employed as a home care nurse from 2011 to 2016. On
Oct. 7, 2020, he filed this action against Yakima Regional, seeking
class certification and raising the same claims as in the WSNA
case. The complaint stated it sought to vindicate the rights of the
nurses who prevailed at trial in the WSNA case, but who have still
not been paid the wages they are due. The complaint noted that Mr.
Campeau had taken "an active role" in the prior case, including
testifying at trial. Yakima Regional answered that Mr. Campeau's
claims were barred by the statute of limitations and moved to
dismiss on the pleadings under CR 12(c).
Mr. Campeau argued that the court should apply equitable tolling,
relying on Washington authority applying federal law and our
Supreme Court's decision in In re Personal Restraint of Fowler, 197
Wn.2d 46, 479 P.3d 1164 (2021). He argued that those authorities
did not require him to show that bad faith by Yakima Regional
interfered with.
At oral argument before the trial court, Mr. Campeau reiterated
they are not alleging any bad faith or deception on the part of
Yakima Regional. They rely on an alternative series of equitable
tolling cases. He also acknowledged that there had not been any
barrier to the nurses joining or intervening in the WSNA case or
filing their own claims previously, beyond it being an unnecessary
multiplication of litigation. The trial court ruled that the
elements for equitable tolling had been satisfied and denied Yakima
Regional's motion to dismiss.
Yakima Regional petitioned the Court of Appeals for discretionary
review, which it granted under RAP 2.3(b)(1). While review was
pending, the state Supreme Court decided Fowler v. Guerin, 200
Wn.2d 110, 123, 515 P.3d 502 (2022), in which it clarified that the
more lenient standard for equitable tolling set forth in Personal
Restraint of Fowler was to be applied in the context of personal
restraint petitions only. In civil suits, plaintiffs were still
required to show that a defendant's bad faith interfered with
timely filing suit.
Mr. Campeau tacitly concedes that the doctrine does not apply. He
now argues that the statute of limitations was tolled under another
doctrine, American Pipe tolling.
As an intermediate appellate court, the Court of Appeals says it
must follow Washington State Supreme Court precedent. Recent
precedent requires it to conclude that American Pipe tolling is not
available in Washington. It explains that American Pipe tolling is
not available in Washington because tolling of the statute of
limitations in civil cases requires a showing that the defendant's
conduct interfered with the plaintiff's ability to timely file. But
even if American Pipe tolling was available, it would not apply to
an action brought by an association on behalf of its members.
The Court of Appeals concludes that Mr. Campeau's wage claims
against Yakima Regional were not tolled and are barred by the
statute of limitations. It reverses the superior court's order and
dismisses Mr. Campeau's claims.
A full-text copy of the Court's May 2, 2023 Opinion is available at
https://rb.gy/68uqw from Leagle.com.
Paula Lee Lehmann -- paulalehmann@dwt.com -- Davis Wright Tremaine
LLP, 929 108th Ave. Ne, Suite 1500, Bellevue, WA 98004-4786,
Counsel for the Petitioner(s).
Lindsay L. Halm -- halm@sgb-law.com -- Schroeter Goldmark Bender,
401 Union Street, Suite 3400, Seattle, WA 98101, Adam J. Berger --
berger@sgb-law.com -- Schroeter Goldmark & Bender, 401 Union
Street, Suite 3400, Seattle, WA 98101, Counsel for the
Respondent(s).
YUM! BRANDS: Farley Sues Over Security Breach of Customer's Data
----------------------------------------------------------------
JOHN FARLEY, individually and on behalf of all others similarly
situated, Plaintiff v. YUM! BRANDS, INC., Defendant, Case No.
4:23-cv-01792-RBH (D.S.C., April 28, 2023) arises out of the
Defendant's negligence, breach of implied contract, unjust
enrichment, and invasion of privacy in connection with ta massive
January 2023 ransomware attack on the computer system network of
the Defendant.
According to the complaint, the attack resulted in a breach of
documents and information. Moreover, the Defendant allegedly
violated the Section 5 of the Federal Trade Commission Act for
failing to protect consumer and consumer data adequately and
reasonably, treating the failure to employ reasonable and
appropriate measures to protect against unauthorized access to
confidential consumer data.
Yum! Brands, Inc., is a publicly held for profit corporation,
organized under the laws of North Carolina and headquartered in
Louisville.[BN]
The Plaintiff is represented by:
Blake G. Abbott, Esq.
Paul J. Doolittle, Esq.
POULIN | WILLEY | ANASTOPOULO, LLC
32 Ann Street
Charleston, SC 29403
Telephone: (803) 222-2222
E-mail: pauld@akimlawfirm.com
blake@akimlawfirm.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
Class Action Reporter is a daily newsletter, co-published by
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Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors.
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