/raid1/www/Hosts/bankrupt/CAR

/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S.D. California DISTRICT OF COLUMBIA: V.C., et al., Seek Class Certification DOLLAR GENERAL: Bid to Strike Class Claims Withdrawn w/o Prejudice DOMINICAN REPUBLIC: Unscathed From Int'l Inflation, Contreras Says DONALD TRUMP: Initial Approval of Class Action Settlement Sought ENERGIZER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 Bankruptcy Creditors' Service, Inc., Fairless Hills, Pennsylvania, USA, and Beard Group, Inc., Washington, D.C., USA. Rousel Elaine T. Fernandez, Joy A. Agravante, Psyche A. Castillon, Julie Anne L. Toledo, Christopher G. Patalinghug, and Peter A. Chapman, Editors. Copyright 2023. All rights reserved. ISSN 1525-2272. This material is copyrighted and any commercial use, resale or publication in any form (including e-mail forwarding, electronic re-mailing and photocopying) is strictly prohibited without prior written permission of the publishers. Information contained herein is obtained from sources believed to be reliable, but is not guaranteed. The CAR subscription rate is $775 for six months delivered via e-mail. 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