/raid1/www/Hosts/bankrupt/CAR

/raid1/www/Hosts/bankrupt/CAR_Public/230608.mbx C L A S S A C T I O N R E P O R T E R Thursday, June 8, 2023, Vol. 25, No. 115 Headlines 1747 FOOD LLC: Fails to Pay Proper Wages, Cantor Suit Alleges 730 FIFTH UPPER: Fails to Pay Proper Wages, Ambrocio Alleges ARHAUS LLC: Jones Suit Alleges Data Privacy Violations BERRY'S RELIABLE: Appeals Rulings in Badon FLSA Suit to 5th Cir. BIOMARIN PHARMA: Faces Securities Suit Over Haemophilia Meds BIOMARIN PHARMA: Securities Suit Over Gene Therapy Dismissed DST SYSTEMS: Loses Bid to Stay Injunction in Alden Class Suit DST SYSTEMS: Loses Bid to Stay Injunction in Berkstresser Suit DST SYSTEMS: Loses Bid to Stay Injunction in Robinson Class Suit DST SYSTEMS: Loses Bid to Stay Injunction in Rutkowski Class Suit DST SYSTEMS: Loses Bid to Stay Injunction in Sarette Class Suit DST SYSTEMS: Loses Bid to Stay Injunction in Scarbrough Class Suit DST SYSTEMS: Loses Bid to Stay Injunction in Schell Class Suit EL BAYU DE: Macias Sues Over Unpaid Minimum and Overtime Wages ESSEX PROPERTY: Named in RealPage Collusion Suit FEDERAL EXPRESS: Rakowsky Sues Over to Recover Overtime Pay FIRST ADVANTAGE: Jones Files FCRA Suit in D. Connecticut FLOWER GIRL NYC: Hwang Files ADA Suit in E.D. New York FRIEDMANS SHOES INC: Toro Files ADA Suit in S.D. New York GLOBAL MERCHANDISING: Statland Sues Over Minimum, Overtime Wages HEALTHCARE.COM INSURANCE: Doyle Files TCPA Suit in D. Arizona HEARST TELEVISION: Gravel Files Suit in S.D. New York HOMECRAFT BUILDERS: Casey Files Suit in M.D. Florida IEASHA EDWARDS: Brown Files FCRA Suit in E.D. Pennsylvania INDUSTRIAL FIELD: Fails to Pay Proper Wages, Barocio Alleges JPY ENTERPRISES: Oliva Sues Over Minimum and Overtime Wages KIMBERLY KAY REYNOLDS: Smith Files Suit in S.D. Iowa L & M FOOTWEAR INC: Toro Files ADA Suit in S.D. New York MDL 2972: Blackbaud Opposition to Class Cert Bid Due June 9 MDL 2972: Blackbaud Opposition to Roth Class Cert Bid Due June 9 MDL 2972: Blackbaud Opposition to Sheth Class Cert Bid Due June 9 MDL 2972: Blackbaud Opposition to Simkins Class Cert Bid Due June 9 MDL 2972:Blackbaud Opposition to Zielinski Class Cert Due June 9 NOW INC: Fails to Pay Proper Wages, Camarillo Suit Alleges PRESBYTERIAN COLLEGE: Ortiz Files ADA Suit in S.D. New York QDOBA RESTAURANT: Carpenter Sues Over Unpaid Minimum, Overtime Wage QUEST DIAGNOSTIC: Faces Class Suit Over Fund Mismanagement RED CYPRESS GROUP: Fair Files FDCPA Suit in M.D. Florida REVOLUTION BEAUTY: Wilson Files Suit in N.D. California STELLE CORPORATION: Gadson Files Suit in N.D. Illinois STRYKER CORPORATION: Picetti Suit Removed to N.D. California SYCAMORE PARTNERS: Binder Files Suit in S.D. New York TORRANCE REFINING: White Sues Over Wage and Hour Violations TRANSDEV SERVICES: Arney Sues Over Unpaid Wages TRAVEL OUTLET: Rosenberg-Wohl Files Suit in N.D. California UNION BEVERAGE: Pereira Sues Over Failure to Pay Overtime Wages UNIVERSITY OF RICHMOND: Ortiz Files ADA Suit in S.D. New York WEEE! INC: Jia Files Suit in N.D. California ZAGG INC: Rodriguez Sues Over Secret Reporting of Details ********* 1747 FOOD LLC: Fails to Pay Proper Wages, Cantor Suit Alleges ------------------------------------------------------------- JUAN CANTOR, individually and on behalf of all others similarly situated, Plaintiff v. 1747 FOOD LLC d/b/a PINO'S PIZZA; and GAETANO G. FEMMINELLA, Defendants, Case No. 2:23-cv-03993 (E.D.N.Y., May 30, 2023) is an action against the Defendants for failure to pay minimum wages, overtime compensation, provide meals, and provide accurate wage statements. Plaintiff Cantor was employed by the Defendants as a food preparer and driver. FOOD LLC d/b/a PINO'S PIZZA operates a pizza company in New York. [BN] The Plaintiff is represented by: Yale Pollack, Esq. LAW OFFICES OF YALE POLLACK, P.C. 66 Split Rock Road Syosset, NY 11791 Telephone: (516) 634-6340 Email: ypollack@yalepollacklaw.com 730 FIFTH UPPER: Fails to Pay Proper Wages, Ambrocio Alleges ------------------------------------------------------------ PEDRO AMBROCIO, individually and on behalf of all others, similarly situated, Plaintiff v. 730 FIFTH UPPER, LLC; F&B 575 LLC; and FRANCIS H SCOLA, Defendants, Case No. 1:23-cv-04481 (S.D.N.Y., May 30, 2023) seeks to recover from the Defendants unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Ambrocio was employed by the Defendants as a cook. 730 FIFTH UPPER, LLC owns and operates a restaurant Arva at Aman New York inside the hotel Arman New York located at New York, NY 10019. [BN] The Plaintiff is 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 ARHAUS LLC: Jones Suit Alleges Data Privacy Violations ------------------------------------------------------ JULIE JONES, individually and on behalf of all others similarly situated, Plaintiff v. ARHAUS, LLC, Defendant, Case No. 3:23-cv 00984-BTM-JLB (S.D. Cal., May 26, 2023) alleges Defendant's alleged violation of the California Invasion of Privacy Act. The Plaintiff alleges in the complaint that the Defendant is engaged in secret integration of third parties' software to secretly wiretap and eavesdrop on the private conversations of users of the chat features on Arhaus.com (the "Website") in real time and Defendant's practice of allowing Third Parties to do so in order to harvest data for financial gain. The Defendant did not obtain visitors' consent to either the wiretapping or sharing of their private conversations. As a result, the Defendant and the third parties have violated the CIPA in numerous ways, says the Plaintiff. ARHAUS, LLC provides home furnishing products. The Company offers dining, bedroom, bedding, rugs, home decor, lighting, and furniture products. Arhaus serves customers worldwide. [BN] The Plaintiff is represented by: Kas L. Gallucci, Esq. Alexis M. Wood, Esq. Kas L. Gallucci, Esq. LAW OFFICES OF RONALD A. MARRON 651 Arroyo Drive San Diego, CA 92103 Telephone: (619) 696-9006 Facsimile: (619) 564-6665 Email: ron@consumersadvocates.com alexis@consumersadvocates.com kas@consumersadvocates.com - and - Brandon M. Wise, Esq. PEIFFER WOLF CARR KANE CONWAY & WISE, LLP 818 Lafayette Ave., Floor 2 St. Louis, MO 63104 Telephone: (314) 833-4825 Email: bwise@peifferwolf.com - and - Andrew R. Tate, Esq. 235 Peachtree Street NE Suite 400 PEIFFER WOLF CARR KANE CONWAY & WISE, LLP Atlanta, GA 30303 Telephone: (404) 282-4806 Email: atate@peifferwolf.com BERRY'S RELIABLE: Appeals Rulings in Badon FLSA Suit to 5th Cir. ---------------------------------------------------------------- Berry's Reliable Resources, L.L.C. filed an appeal from the court's rulings entered in the lawsuit entitled STACEY BADON, individually and on behalf of all others similarly situated, Plaintiff v. BERRY'S RELIABLE RESOURCES, LLC; and RHONDA WILLIAMS, Defendants, Case No. 2:19-cv-12317, in the United States District Court for the Eastern District of Louisiana, New Orleans. As reported in the Class Action Reporter, the Plaintiffs, individually and on behalf of all others similarly situated, brought this class action suit on August 27, 2019 against the Defendants for failure to pay overtime wages in violation of the Fair Labor Standards Act and the Louisiana Wage Payment Act. On April 26, 2022, the Plaintiffs filed a motion for partial summary judgment on the issue of whether Plaintiffs are properly classified as "independent contractors" or "employees." On June 10, 2022, the Court granted the Plaintiffs' motion for partial summary judgment through an Order entered by Judge Wendy B. Vitter. The Court held that evidence revealed that the Defendants controlled hiring and firing, supervised Plaintiffs' work with consumers and required Plaintiffs to comply with Berry's policies and attend trainings arranged by the Defendants. In addition, the Defendants handled the payroll and paid the Plaintiffs on an hourly basis. The evidence in the record clearly supported that the Defendants not only had the right to control the work of the Plaintiffs, but they actually did so. Accordingly, the Plaintiffs are deemed employees under the LWPA. The Court ruled that the Plaintiffs are properly classified as employees under the FLSA and LWPA. On November 17, 2022, the Court entered an Order recommending that Plaintiff's Sept. 19, 2022 Motion to Set Attorneys' Fees and Costs be GRANTED, and Plaintiffs be awarded reasonable attorneys' fees in the amount of $181,062.00, and costs in the amount of $7,102.32 for a total of $188,164.32. On January 25, 2023, an Order was signed by the Court ADOPTING REPORT AND RECOMMENDATIONS that Plaintiffs' Motion to Set Attorneys' Fees and Costs is GRANTED as modified. The Defendants are ordered to pay Plaintiffs attorneys' fees in the amount of $181,062.00 and costs in the amount of $7,102.32, for a total of $188,164.32. IT IS FURTHER ORDERED that Plaintiffs'235 Motion to Award Liquidated Damages is GRANTED. The Defendants shall pay Plaintiffs liquidated damages in the amounts specified in the Magistrate Judge's Report and Recommendations. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Defendants' Objections to Magistrate's Order Awarding Liquidated Damages is DENIED. IT IS FURTHER ORDERED that Plaintiffs' Motion to Strike Defendants' Objections to Magistrate's Order Awarding Attorneys [sic] Fees and Costs is DENIED. On March 27, 2023, the Court entered an Order issuing WRIT of Execution/Fieri Facias. On April 26, 2023, Chief Judge Nannette Jolivette Brown signed an Order reassigning the case to Magistrate Judge Michael North. On April 28, 2023, the Court entered an Order requesting additional briefing not to exceed five pages from the Plaintiffs as to whether this Court has jurisdiction to consider their April 3, 2023 Motion for Garnishment given Defendants' filing of a Notice of Appeal. On May 2, 2023, the Court ORDERED that the Defendants' April 20, 2023 Motion to Quash and/or Stay Plaintiffs' Writ of Garnishment is DENIED. On May 5, 2023, the Court granted Motion for Writ of Garnishment, Louisiana Department of Health added. The Defendants file this petition seeking a review of the above orders. The appellate case is captioned as Badon v. Berry's Reliable Resources, Case No. 23-30345, in the United States Court of Appeals for the Fifth Circuit, filed on May 24, 2023.[BN] Defendants-Appellants Berry's Reliable Resources, L.L.C., et al., are represented by: Larry M. Aisola, Esq. 208 W. Judge Perez Drive Chalmette, LA 70043 Telephone: (504) 913-6182 Plaintiffs-Appellees Stacey Badon, on behalf of herself and all those similarly situated, et al., are represented by: Jody Jackson, Esq. JACKSON & JACKSON 201 Saint Charles Avenue New Orleans, LA 70170 BIOMARIN PHARMA: Faces Securities Suit Over Haemophilia Meds ------------------------------------------------------------- BioMarin Pharmaceutical Inc. disclosed in its Form 10-Q for the quarterly period ended February 25, 2023, filed with the Securities and Exchange Commission on April 25, 2023, that in January 19, 2023, certain of its officers and directors were named as defendants in a shareholder derivative action filed in the Delaware Court of Chancery. The complaint asserts, inter alia, a breach of fiduciary duty claims arising from the facts underlying the securities class action related to ROCTAVIAN, a medicine for treating severe haemophilia. The complaint seeks unspecified monetary damages, internal governance reforms by the company, attorneys' fees and costs, and any other relief the court may deem just and proper. BioMarin Pharmaceutical Inc. is a biotechnology company based in California. BIOMARIN PHARMA: Securities Suit Over Gene Therapy Dismissed ------------------------------------------------------------ BioMarin Pharmaceutical Inc. disclosed in its Form 10-Q for the quarterly period ended February 25, 2023, filed with the Securities and Exchange Commission on April 25, 2023, that on October 22, 2021, a purported securities class action lawsuit filed against the company, its Chief Executive Officer, its current and prior Chief Financial Officers, and its President of Worldwide Research & Development in the United States District Court for the Northern District of California alleging violations under Sections 10(b) and 20(a) of the Exchange Act has been dismissed. The complaint alleges that the company made materially false or misleading statements regarding BMN 307 by purportedly failing to disclose information about the safety profile of BMN 307, an investigational AAV5-phenylalanine hydroxylase gene therapy in adults with phenylketonuria, safety profile and purportedly overstating BMN 307's clinical and commercial prospects. The complaint seeks an unspecified amount of damages, pre-judgment and post-judgment interest, attorneys' fees, expert fees, and other costs. The court appointed lead plaintiffs and lead counsel on January 10, 2022. Lead plaintiffs filed an amended complaint on March 25, 2022. The company filed a motion to dismiss the amended complaint on May 25, 2022. On January 19, 2023, the court granted the company's motion to dismiss the complaint without prejudice. On February 21, 2023, the court dismissed the complaint with prejudice at plaintiffs' request. The plaintiffs filed a notice indicating they plan to appeal the court's January 19, 2023 order. BioMarin Pharmaceutical Inc. is a biotechnology company based in California. DST SYSTEMS: Loses Bid to Stay Injunction in Alden Class Suit ------------------------------------------------------------- In the class action lawsuit captioned as TRACY ALDEN, v. DST SYSTEMS, INC., Case No. 4:21-9186-NKL (W.D. Mo.), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/42X2d2W at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Berkstresser Suit -------------------------------------------------------------- In the class action lawsuit captioned as ROB BERKSTRESSER, v. DST SYSTEMS, INC., Case No. 4:21-09086-NKL (W.D. Mo.), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/3MqHbED at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Robinson Class Suit ---------------------------------------------------------------- In the class action lawsuit captioned as Robinson v. DST Systems Inc., Case No. 4:21-cv-09092( W.D. Mo., Filed Oct. 1, 2021), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/450wSOG at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Rutkowski Class Suit ----------------------------------------------------------------- In the class action lawsuit captioned as Rutkowski v. DST Systems Inc., Case No. 4:21-cv-00705 (W.D. Mo., Filed Oct. 29, 2021), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/3psS67F at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Sarette Class Suit --------------------------------------------------------------- In the class action lawsuit captioned as Sarette v. DST Systems Inc., Case No. 4:21-cv-09198 (W.D. Mo., Filed Nov.17, 2021), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/3pBOBft at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Scarbrough Class Suit ------------------------------------------------------------------ In the class action lawsuit captioned as KOLE SCARBROUGH, v. DST Systems Inc., Case No. 4:21-09046-NKL (W.D. Mo.), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/3pEfyPs at no extra charge.[CC] DST SYSTEMS: Loses Bid to Stay Injunction in Schell Class Suit -------------------------------------------------------------- In the class action lawsuit captioned as Schell v. DST Systems Inc., Case No. 4:21-cv-09130 (W.D. Mo., Filed Oct 19, 2021), the Hon. Judge Nanette K. Laughrey entered an order denying DST motion to stay the Court's injunction because it has failed to meet its burden of proof. The Court said, "Because DST has failed to show irreparable harm, and the Judgment Creditors would be substantially harmed if the injunction were lifted, and DST has not shown a likelihood of success on the merits, and public interest considerations weigh against lifting the injunction, a stay of the injunction is inappropriate." DST argues that because the Ferguson class includes 9,000 members, it is in the public interest to facilitate settlement. DST disregards the fact that several avenues for settlement remain open to it. In any event, permitting DST to strip the Judgment Creditors of a substantial portion of the value of judgments entered in their favor without their express consent would undermine public confidence in the predictability and reliability of the judicial system. DST Systems moves for stay of the injunction the Court entered on April 10, 2023. On March 31, 2023, the Court entered an order that confirmed arbitration awards in favor of 55 plaintiffs (the "Judgment Creditors") and entered a final judgment in each case. On April 10, 2023, counsel for the Judgment Creditors moved on an emergency basis, but with notice, for a temporary restraining order and preliminary injunction restraining and enjoining DST, the DST Systems, Inc. 401(K) Profit Sharing Plan, The Advisory Committee of the DST Systems, Inc. 401(K) Profit Sharing Plan, The Compensation Committee of the Board of Directors of DST Systems, Inc., and their respective law firms, and anyone acting on their behalf or in concert with them, "from settling, or attempting to settle, through any class or representative action, the Confirmation Plaintiffs' individual arbitration awards, or any part thereof, unless such settlement is entered into individually and voluntarily by the Confirmation Plaintiff and the attorneys to whom any related fees and costs were awarded." DST Systems is an American company that was acquired by SS&C Technologies in 2018. The company provided advisory, technology and operations outsourcing services to the financial services and healthcare industries. A copy of the Court's order dated May 8, 2023, is available from PacerMonitor.com at https://bit.ly/3Bn9ZaH at no extra charge.[CC] EL BAYU DE: Macias Sues Over Unpaid Minimum and Overtime Wages -------------------------------------------------------------- Elsie Macias, on behalf of herself and all others similarly situated v. EL BAYU DE WELA SARA, INC., Case No. 0:23-cv-61004-XXXX (S.D. Fla., May 26, 2023), is brought the Fair Labor Standards Act ("FLSA"), the Florida Minimum Wage Act ("FMWA") as result of the Defendant's failure to pay minimum and overtime wages. The Defendant committed federal and state minimum wage violations because it: failed to provide the Plaintiff with statutory notice of taking a tip credit; required the Plaintiff to perform non tipped side duties and side work that exceeded 20% of all work performed in at least one workweek; required the Plaintiff to perform non-tipped duties and side work in excess of 30 continuous minutes each shift; unlawfully retained the Plaintiff's tips to cover costs associated with walk outs, breakage, and/or cash register shortages ("kickbacks"); failed to increase the Plaintiff's hourly wage when the Florida Minimum Wage Rate increased to $11 per hour on September 30, 2022; paid all front-of-the-house employees, including servers, at a minimum wage rate below the federal minimum wage rate beginning on October 1, 2022; and failed to compensate the Plaintiff at the lawful time-and-a-half/overtime rate for hours worked in excess of 40 per work-week. As a result, the Plaintiff and similarly situated servers have been denied federal and state minimum wages during various workweeks within the relevant time period, says the complaint. The Plaintiff worked for the Defendant as a server in its restaurant from May 6, 2022, until April 7, 2023. The Defendant is a restaurant specializing in "authentic Puerto Rican cuisine."[BN] The Plaintiff is represented by: Jordan Richards, Esq. Michael V. Miller, Esq. USA EMPLOYMENT LAWYERS-JORDAN RICHARDS, PLLC 1800 SE 10th Ave, Suite 205 Fort Lauderdale, FL 33316 Phone: (954) 871-0050 Email: jordan@jordanrichardspllc.com michael@usaemploymentlawyers.com catherine@usaemploymentlawyers.com lawclerk@usaemploymentlawyers.com ESSEX PROPERTY: Named in RealPage Collusion Suit ------------------------------------------------ Essex Property Trust, Inc. and Essex Portfolio, L.P. disclosed in its Form 10-Q for the quarterly period ended March 31, 2023, filed with the Securities and Exchange Commission on April 25, 2023, that in late 2022 and early 2023, a number of purported class actions were filed against RealPage, Inc., a seller of revenue management software, and various lessors of multifamily housing which utilize this software, including the company. The complaints allege collusion among defendants to artificially increase rents of multifamily residential real estate above competitive levels. Essex Property Trust, Inc. and Essex Portfolio is a real estate investment company based in California. FEDERAL EXPRESS: Rakowsky Sues Over to Recover Overtime Pay ----------------------------------------------------------- Andrew Rakowsky, individually and on behalf of all others similarly situated v. Federal Express Corporation, Case No. 2:23-cv-02340 (W.D. Tenn., May 26, 2023), is brought for violations of the Fair Labor Standards Act ("FLSA") and the New York Labor Law and the supporting New York State Department of Labor regulations ("NYLL") to recover overtime pay. The Plaintiff routinely worked more than 40 hours in a workweek but were not paid an overtime premium for their overtime hours. The Defendant operated a willful scheme to deprive Plaintiff and others similarly situated of overtime compensation. The Plaintiff and the similarly situated individuals are or were paid a salary with no overtime pay. The Defendant suffered and permitted Plaintiff and the other similarly situated individuals to work more than 40 hours per week without overtime pay, says the complaint. The Plaintiff worked for the Defendant as a Security Specialist III and Senior Security Specialist at Defendant's stations located in New York and Vermont from November 2015 to January 2022. The Defendant is an international organization offering shipping, transportation, e-commerce and business services.[BN] The Plaintiff is represented by: Rachhana T. Srey, Esq. NICHOLS KASTER, PLLP 4700 IDS Center 80 South Eighth Street Minneapolis, MN 55402 Phone: (612) 256-3200 Fax: (612) 215-6870 Email: srey@nka.com - and - Scott M. Pollins, Esq. POLLINS LAW 303 W. Lancaster Avenue, Ste. 1C Wayne, PA 19087 Phone: (610) 896-9909 Fax: (610) 896-9910 Email: scott@pollinslaw.com FIRST ADVANTAGE: Jones Files FCRA Suit in D. Connecticut -------------------------------------------------------- A class action lawsuit has been filed against First Advantage Background Services Corp. The case is styled as Stephen R. Jones, individually and on behalf of similarly situated individuals v. First Advantage Background Services Corp., Case No. 3:23-cv-00553-KAD (D. Conn., May 1, 2023). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. First Advantage Background Services Corp. -- https://fadv.com/ -- was founded in 2003. The Company's line of business includes providing detective, guard, and armored car services..[BN] The Plaintiff is represented by: Richard Hayber, Esq. HAYBER, McKENNA & DINSMORE, LLC 750 Main Street, Ste. 904 Hanford, CT 06103 Phone: (203) 522-8888 Email: rhayber@hayberlawfirm.com FLOWER GIRL NYC: Hwang Files ADA Suit in E.D. New York ------------------------------------------------------ A class action lawsuit has been filed against Flower Girl NYC, LLC. The case is styled as Jenny Hwang, on behalf of herself and all others similarly situated v. Flower Girl NYC, LLC, Case No. 1:23-cv-03950 (E.D.N.Y., May 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Flower Girl NYC, LLC -- http://www.flowergirlnyc.com/-- is a boutique flower shop in NYC.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 14749 71st Ave. Flushing, NY 11367 Phone: (917) 915-7415 Email: mars@khaimovlaw.com FRIEDMANS SHOES INC: Toro Files ADA Suit in S.D. New York --------------------------------------------------------- A class action lawsuit has been filed against Friedmans Shoes, Inc. The case is styled as Luis Toro, on behalf of himself and all others similarly situated v. Friedmans Shoes, Inc., Case No. 1:23-cv-04452 (S.D.N.Y., May 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Friedman's Shoes -- https://largefeet.com/ -- specialize in designer big size men's shoes from Mezlan, Stacy Adams, Giorgio Brutini, Umber & more.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com GLOBAL MERCHANDISING: Statland Sues Over Minimum, Overtime Wages ---------------------------------------------------------------- Adam Statland, individually and on behalf of all other Aggrieved Employees v. GLOBAL MERCHANDISING SERVICES INC., a Delaware Corporation; and DOES 1 through 50, inclusive, Case No. 23STCV10728 (Cal. Super. Ct., Los Angeles Cty., May 11, 2023), is brought pursuant to California Labor Code as a result of the Defendants' failure to pay minimum and overtime wages. The Defendants failed provide employment records; failed to pay overtime and double time; failed to provide rest and meal periods; failed to pay minimum wage; failed keep accurate payroll records and provide itemized wage statements; failed to pay reporting time wages; failed to pay split shift wages; failed to pay all wages earned on time; failed to pay all wages earned upon discharge or resignation; failed to reimburse necessary, business-related expenses; failed to provide notice of paid sick time and accrual; failed to create and provide a written contract describing how commissions are computed and paid; unlawful collection of earned wages/commissions; all in violation of Labor Code, the California Code of Regulations, and the applicable Wage Orders, says the complaint. The Plaintiff was employed by the Defendants from November 12, 2022 until January 05, 2023. The Defendants are consumer merchandise importers and exporters of physical merchandise including apparel, paper products, and accessories.[BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Melissa Robinson, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Phone: 1-818-696-2306 Facsimile: 1-818-696-2307 Email: haig@hbklawyers.com melissa@hbklawyers.com HEALTHCARE.COM INSURANCE: Doyle Files TCPA Suit in D. Arizona ------------------------------------------------------------- A class action lawsuit has been filed against Healthcare.com Insurance Services LLC. The case is styled as Robert Doyle, individually and on behalf of all others similarly situated v. Healthcare.com Insurance Services LLC doing business as: Healthcare.com, Case No. 2:23-cv-00930-DWL (D. Ariz., May 26, 2023). The lawsuit is brought over alleged violation of the Telephone Consumer Protection Act for Restrictions of Use of Telephone Equipment. Healthcare.com -- https://www.healthcare.com/ -- is the leading search, comparison and recommendation tool for healthcare consumers.[BN] The Plaintiff is represented by: David James McGlothlin, Esq. Ryan Lee McBride, Esq. KAZEROUNI LAW GROUP APC 4455 E Camelback Rd., Ste. C250 Phoenix, AZ 85018 Phone: (800) 400-6808 Fax: (800) 520-5523 Email: david@kazlg.com ryan@kazlg.com HEARST TELEVISION: Gravel Files Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Hearst Television, Inc., et al. The case is styled as Eric M. Gravel, o/b/o himself and all others similarly situated v. Hearst Television, Inc., City of Winooski, Vermont, including their police departments and elected officials; Town of Colchester, Vermont, including their police departments and elected officials; City of Burlington, Vermont, including their police departments and elected officials; Case No. 1:23-cv-04527-UA (S.D.N.Y., May 26, 2023). The nature of suit is stated as Prisoner Civil Rights for Civil Rights Act. Hearst Television, Inc. -- http://www.hearst.com/-- is a broadcasting company in the United States owned by Hearst Communications.[BN] The Plaintiff appears pro se. HOMECRAFT BUILDERS: Casey Files Suit in M.D. Florida ---------------------------------------------------- A class action lawsuit has been filed against HomeCraft Builders, Inc. The case is styled as Deborah Casey, individually and on behalf of all others similarly situated v. HomeCraft Builders, Inc., Case No. 3:23-cv-00512-MMH-LLL (M.D. Fla., May 2, 2023). The nature of suit is stated as Constitutional-State Statute for Injunctive & Declaratory Relief. Homecraft -- http://www.homecraftcorp.com/-- is a 2nd generation, family-owned remodeler specializing in decks, finish basements, sunroom additions, roofing, siding, and windows.[BN] The Plaintiff is represented by: Avi Robert Kaufman, Esq. KAUFMAN P.A. 237 S Dixie Hwy, 4th Floor Coral Gables, FL 33133 Phone: (305) 469-5881 Email: kaufman@kaufmanpa.com - and - Rachel E. Kaufman, Esq. KAUFMAN PA 400 NW 26th Street Miami, FL 33127 Phone: (305) 773-6641 Email: rachel@kaufmanpa.com - and - Stefan Coleman, Esq. COLEMAN, PLLC 66 West Flagler Street, Suite 900 Miami, FL 33130 Phone: (877) 333-9427 Email: law@stefancoleman.com IEASHA EDWARDS: Brown Files FCRA Suit in E.D. Pennsylvania ---------------------------------------------------------- A class action lawsuit has been filed against Ieasha Edwards, et al. The case is styled as Willie Anthony Brown, and others similarly situated v. Ieasha Edwards, Viktoria Kristiansson, Ida K. Chen, Police Officer Dubovitsky, Administrative Offices of Pennsylvania Courts, Case No. 2:23-cv-01766-PD (E.D. Pa., May 11, 2023). The lawsuit is brought over alleged violation of the Fair Credit Reporting Act. Administrative Offices of Pennsylvania Courts is a state government office in Harrisburg, Pennsylvania.[BN] The Plaintiff appears pro se. INDUSTRIAL FIELD: Fails to Pay Proper Wages, Barocio Alleges ------------------------------------------------------------ JUAN MANUEL VIEYRA BAROCIO, individually and on behalf of all others similarly situated, Plaintiff v. INDUSTRIAL FIELD SERVICES INC.; LIU C. SCHOLA; and DOES 1 through 100, inclusive, Defendants, Case No 23STCV1212Q (Cal. Super., Los Angeles Cty., May 30, 2023) is an action against the Defendants for failure to pay minimum wages, overtime compensation, provide meals and rest periods, and provide accurate wage statements. Plaintiff Barocio was employed by the Defendants as a staff. INDUSTRIAL FIELD SERVICES INC. is engaged in the business as general contractor. [BN] The Plaintiff is represented by: David D. Bibiyan, Esq. Jeffrey D. Klein, Esq. Matthew J. Carraher, Esq. Anita Lodi, Esq. BIBIYAN LAW GROUP, P.C. 8484 Wilshire Boulevard, Suite 500 Beverly Hills, CA 90211 Telephone: (310) 438-5555 Facsimile: (310) 300-1705 Email: david@tomorrowlaw.com jeff@tomorrowlaw.com matthew@tomorrowlaw.com anita@tomorrowlaw.com JPY ENTERPRISES: Oliva Sues Over Minimum and Overtime Wages ----------------------------------------------------------- Ramon Oliva, individually and on behalf of all other Aggrieved Employees v. JPY ENTERPRISES, INC., and DOES 1 through 50, inclusive, Case No. 23STCV10637 (Cal. Super. Ct., Los Angeles Cty., May 11, 2023), is brought pursuant to California Labor Code as a result of the Defendants' failure to pay minimum and overtime wages. The Defendants failed provide employment records; failed to pay overtime and double time; failed to provide rest and meal periods; failed to pay minimum wage; failed keep accurate payroll records and provide itemized wage statements; failed to pay reporting time wages; failed to pay split shift wages; failed to pay all wages earned on time; failed to pay all wages earned upon discharge or resignation; failed to reimburse necessary, business-related expenses; failed to provide notice of paid sick time and accrual; failed to create and provide a written contract describing how commissions are computed and paid; unlawful collection of earned wages/commissions; all in violation of Labor Code, the California Code of Regulations, and the applicable Wage Orders, says the complaint. The Plaintiff was employed by the Defendants from January 01, 2023 until March 10, 2023. The Defendants are owner and operator of limited-service restaurants, including fast-food restaurant.[BN] The Plaintiff is represented by: Haig B. Kazandjian, Esq. Melissa Robinson, Esq. HAIG B. KAZANDJIAN LAWYERS, APC 801 North Brand Boulevard, Suite 970 Glendale, CA 91203 Phone: 1-818-696-2306 Facsimile: 1-818-696-2307 Email: haig@hbklawyers.com melissa@hbklawyers.com KIMBERLY KAY REYNOLDS: Smith Files Suit in S.D. Iowa ---------------------------------------------------- A class action lawsuit has been filed against Kimberly Kay Reynolds, et al. The case is styled as Karla Smith, Holly Bladel, on behalf of themselves and others similarly situated v. Kimberly Kay Reynolds, in her official capacity as Governor of State of Iowa; Beth Townsend, in her official capacity as the Director of Iowa Workforce Development; State of Iowa; Case No. 4:23-cv-00156-SMR-SBJ (S.D. Iowa, May 10, 2023). The nature of suit is stated as Other Civil Rights for Civil Right Denial of Due Process. Kimberly Kay Reynolds -- https://reynoldsgregg.com/ -- is an American politician serving as the 43rd governor of Iowa since 2017.[BN] The Plaintiffs are represented by: Bruce H. Stoltze, Jr., Esq. Breanne Alyssa Gilpatrick, Esq. John Quentin Stoltze, Esq. STOLTZE LAW GROUP, PLC 300 Walnut Street, Suite 260 Des Moines, IA 50309 Phone: (515) 989-8529 Fax: (515) 989-8530 Email: bruce.stoltze.jr@stoltze.law breanne.gilpatrick@stoltze.law john.stoltze@stoltze.law L & M FOOTWEAR INC: Toro Files ADA Suit in S.D. New York -------------------------------------------------------- A class action lawsuit has been filed against L & M Footwear, Inc. The case is styled as Luis Toro, on behalf of himself and all others similarly situated v. L & M Footwear, Inc., Case No. 1:23-cv-04453 (S.D.N.Y., May 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. L & M Footwear, Inc. retails footwear for adults and children. The Company offers sports shoes, boots, sneakers, slip-ons, sandals, bags, and accessories.[BN] The Plaintiff is represented by: Mars Khaimov, Esq. 10826 64th Avenue, Ste. 2nd Floor Forest Hills, NY 11375 Phone: (917) 915-7415 Email: mars@khaimovlaw.com MDL 2972: Blackbaud Opposition to Class Cert Bid Due June 9 ----------------------------------------------------------- In the class action lawsuit captioned as Peterson v. Allina Health System et al., Case No. 3:21-cv-00989 (D.S.C.), the Hon. Judge Joseph F. Anderson, Jr., entered a corrected amended scheduling order as follows: Event Deadline -- Blackbaud's opposition to class June 9, 2023 Certification: -- Blackbaud's rebuttal class June 9, 2023 certification expert disclosure: -- Blackbaud's Daubert Motion on June 9, 2023 Plaintiffs' class certification Experts: -- Plaintiffs' deadline to file a Aug. 3, 2023 motion seeking leave to submit rebuttal expert information with reply brief: -- Plaintiffs' response in opposition Sept. 11, 2023 to Blackbaud's Daubert Motions on Plaintiffs' class certification Experts: -- Blackbaud's reply in support of its Oct. 20, 2023 Daubert motion on Plaintiffs' class certification experts: -- Plaintiffs' reply in support of their Oct. 20, 2023 motion for class certification: -- Plaintiffs' Daubert Motions on Oct. 20, 2023 Blackbaud rebuttal class certification experts: -- Blackbaud's response in opposition Dec. 18, 2023 to the Plaintiffs' Daubert Motion on Blackbaud's rebuttal class certification experts: -- Plaintiffs' reply in support on Jan. 22, 2024 their Daubert Motions on Blackbaud's rebuttal class certification experts: -- Hearing on class certification: TBD and Daubert Motions: The Peterson case is consolidated in the Blackbaud, Inc., Customer Data Breach. The Lead case is Case No. 3:20-mn-02972. The Plaintiffs in the actions allegedly received data breach notices from the following organizations: Atrium Health; Bread for the World; Crystal Stairs; Episcopal High School; Light of Life Rescue Mission; Planned Parenthood; St. David's Center for Child and Family Development; University of Wisconsin -- Eau Claire; WakeMed Foundation; and Manhattan School of Music. The Plaintiffs in the potential tag-along actions allegedly received notices from Allina Health; Bank Street College of Education; Children's Hospitals and Clinics of Minnesota; Harvard College; Inova Health System; KidsQuest Childrenss Museum; Lower East Side Tenement Museum; Mt. Sinai Health System; Northwest Memorial Healthcare; Nuvance Health; Planned Parenthood; Stetson University; Stony Brook University Hospital; and UMass Memorial Medical Center. The actions allege that numerous other schools, universities, healthcare institutions, and non-profit organizations were affected by the data breach. The Plaintiffs allege that the personal information compromised by the breach includes user names, email addresses, dates of birth, phone numbers, social security numbers, credit card numbers, bank account numbers, financial profiles, passwords, and health information. The common factual questions include: (1) Blackbaud's data security practices and whether the practices met industry standards; (2) how the unauthorized access occurred; (3) the extent of personal information affected by the breach; (4) when Blackbaud knew or should have known of the breach; (5) the investigation into the breach; and (6) the alleged delay in disclosure of the breach to Blackbaud clients and affected consumers. Blackbaud is a cloud computing provider that serves the social good community—nonprofits, foundations, corporations, education institutions, healthcare organizations, religious organizations, and individual change agents. Allina Health is a not-for-profit health care system based in Minneapolis, Minnesota, United States. It owns or operates 12 hospitals and more than 90 clinics throughout Minnesota and western Wisconsin. A copy of the Court's order dated May 12, 2023, is available from PacerMonitor.com at https://bit.ly/3OtkSzE at no extra charge.[CC] MDL 2972: Blackbaud Opposition to Roth Class Cert Bid Due June 9 ---------------------------------------------------------------- In the class action lawsuit captioned as Roth, et al., v. Blackbaud Inc., Case No. 3:21-cv-00053 (D.S.C.), the Hon. Judge Joseph F. Anderson, Jr., entered a corrected amended scheduling order as follows: Event Deadline -- Blackbaud's opposition to class June 9, 2023 Certification: -- Blackbaud's rebuttal class June 9, 2023 certification expert disclosure: -- Blackbaud's Daubert Motion on June 9, 2023 Plaintiffs' class certification Experts: -- Plaintiffs' deadline to file a Aug. 3, 2023 motion seeking leave to submit rebuttal expert information with reply brief: -- Plaintiffs' response in opposition Sept. 11, 2023 to Blackbaud's Daubert Motions on Plaintiffs' class certification Experts: -- Blackbaud's reply in support of its Oct. 20, 2023 Daubert motion on Plaintiffs' class certification experts: -- Plaintiffs' reply in support of their Oct. 20, 2023 motion for class certification: -- Plaintiffs' Daubert Motions on Oct. 20, 2023 Blackbaud rebuttal class certification experts: -- Blackbaud's response in opposition Dec. 18, 2023 to the Plaintiffs' Daubert Motion on Blackbaud's rebuttal class certification experts: -- Plaintiffs' reply in support on Jan. 22, 2024 their Daubert Motions on Blackbaud's rebuttal class certification experts: -- Hearing on class certification: TBD and Daubert Motions: The Roth case is consolidated in the Blackbaud, Inc., Customer Data Breach. The Lead case is Case No. 3:20-mn-02972. The Plaintiffs in the actions allegedly received data breach notices from the following organizations: Atrium Health; Bread for the World; Crystal Stairs; Episcopal High School; Light of Life Rescue Mission; Planned Parenthood; St. David's Center for Child and Family Development; University of Wisconsin -- Eau Claire; WakeMed Foundation; and Manhattan School of Music. The Plaintiffs in the potential tag-along actions allegedly received notices from Allina Health; Bank Street College of Education; Children's Hospitals and Clinics of Minnesota; Harvard College; Inova Health System; KidsQuest Childrenss Museum; Lower East Side Tenement Museum; Mt. Sinai Health System; Northwest Memorial Healthcare; Nuvance Health; Planned Parenthood; Stetson University; Stony Brook University Hospital; and UMass Memorial Medical Center. The actions allege that numerous other schools, universities, healthcare institutions, and non-profit organizations were affected by the data breach. The Plaintiffs allege that the personal information compromised by the breach includes user names, email addresses, dates of birth, phone numbers, social security numbers, credit card numbers, bank account numbers, financial profiles, passwords, and health information. The common factual questions include: (1) Blackbaud's data security practices and whether the practices met industry standards; (2) how the unauthorized access occurred; (3) the extent of personal information affected by the breach; (4) when Blackbaud knew or should have known of the breach; (5) the investigation into the breach; and (6) the alleged delay in disclosure of the breach to Blackbaud clients and affected consumers. Blackbaud is a cloud computing provider that serves the social good community—nonprofits, foundations, corporations, education institutions, healthcare organizations, religious organizations, and individual change agents. A copy of the Court's order dated May 12, 2023, is available from PacerMonitor.com at https://bit.ly/3OvOlsL at no extra charge.[CC] MDL 2972: Blackbaud Opposition to Sheth Class Cert Bid Due June 9 ----------------------------------------------------------------- In the class action lawsuit captioned as Sheth v. Blackbaud Inc., Case No. 3:20-cv-04511 (D.S.C.), the Hon. Judge Joseph F. Anderson, Jr., entered a corrected amended scheduling order as follows: Event Deadline -- Blackbaud's opposition to class June 9, 2023 Certification: -- Blackbaud's rebuttal class June 9, 2023 certification expert disclosure: -- Blackbaud's Daubert Motion on June 9, 2023 Plaintiffs' class certification Experts: -- Plaintiffs' deadline to file a Aug. 3, 2023 motion seeking leave to submit rebuttal expert information with reply brief: -- Plaintiffs' response in opposition Sept. 11, 2023 to Blackbaud's Daubert Motions on Plaintiffs' class certification Experts: -- Blackbaud's reply in support of its Oct. 20, 2023 Daubert motion on Plaintiffs' class certification experts: -- Plaintiffs' reply in support of their Oct. 20, 2023 motion for class certification: -- Plaintiffs' Daubert Motions on Oct. 20, 2023 Blackbaud rebuttal class certification experts: -- Blackbaud's response in opposition Dec. 18, 2023 to the Plaintiffs' Daubert Motion on Blackbaud's rebuttal class certification experts: -- Plaintiffs' reply in support on Jan. 22, 2024 their Daubert Motions on Blackbaud's rebuttal class certification experts: -- Hearing on class certification: TBD and Daubert Motions: The Sheth case is consolidated in the Blackbaud, Inc., Customer Data Breach. The Lead case is Case No. 3:20-mn-02972. The Plaintiffs in the actions allegedly received data breach notices from the following organizations: Atrium Health; Bread for the World; Crystal Stairs; Episcopal High School; Light of Life Rescue Mission; Planned Parenthood; St. David's Center for Child and Family Development; University of Wisconsin -- Eau Claire; WakeMed Foundation; and Manhattan School of Music. The Plaintiffs in the potential tag-along actions allegedly received notices from Allina Health; Bank Street College of Education; Children's Hospitals and Clinics of Minnesota; Harvard College; Inova Health System; KidsQuest Childrenss Museum; Lower East Side Tenement Museum; Mt. Sinai Health System; Northwest Memorial Healthcare; Nuvance Health; Planned Parenthood; Stetson University; Stony Brook University Hospital; and UMass Memorial Medical Center. The actions allege that numerous other schools, universities, healthcare institutions, and non-profit organizations were affected by the data breach. The Plaintiffs allege that the personal information compromised by the breach includes user names, email addresses, dates of birth, phone numbers, social security numbers, credit card numbers, bank account numbers, financial profiles, passwords, and health information. The common factual questions include: (1) Blackbaud's data security practices and whether the practices met industry standards; (2) how the unauthorized access occurred; (3) the extent of personal information affected by the breach; (4) when Blackbaud knew or should have known of the breach; (5) the investigation into the breach; and (6) the alleged delay in disclosure of the breach to Blackbaud clients and affected consumers. Blackbaud is a cloud computing provider that serves the social good community—nonprofits, foundations, corporations, education institutions, healthcare organizations, religious organizations, and individual change agents. A copy of the Court's order dated May 12, 2023, is available from PacerMonitor.com at https://bit.ly/423d6j8 at no extra charge.[CC] MDL 2972: Blackbaud Opposition to Simkins Class Cert Bid Due June 9 ------------------------------------------------------------------- In the class action lawsuit captioned as Simkins, et al., v. Blackbaud Inc., Case No. 3:21-cv-00431 (D.S.C.), the Hon. Judge Joseph F. Anderson, Jr., entered a corrected amended scheduling order as follows: Event Deadline -- Blackbaud's opposition to class June 9, 2023 Certification: -- Blackbaud's rebuttal class June 9, 2023 certification expert disclosure: -- Blackbaud's Daubert Motion on June 9, 2023 Plaintiffs' class certification Experts: -- Plaintiffs' deadline to file a Aug. 3, 2023 motion seeking leave to submit rebuttal expert information with reply brief: -- Plaintiffs' response in opposition Sept. 11, 2023 to Blackbaud's Daubert Motions on Plaintiffs' class certification Experts: -- Blackbaud's reply in support of its Oct. 20, 2023 Daubert motion on Plaintiffs' class certification experts: -- Plaintiffs' reply in support of their Oct. 20, 2023 motion for class certification: -- Plaintiffs' Daubert Motions on Oct. 20, 2023 Blackbaud rebuttal class certification experts: -- Blackbaud's response in opposition Dec. 18, 2023 to the Plaintiffs' Daubert Motion on Blackbaud's rebuttal class certification experts: -- Plaintiffs' reply in support on Jan. 22, 2024 their Daubert Motions on Blackbaud's rebuttal class certification experts: -- Hearing on class certification: TBD and Daubert Motions: The Simkins case is consolidated in the Blackbaud, Inc., Customer Data Breach. The Lead case is Case No. 3:20-mn-02972. The Plaintiffs in the actions allegedly received data breach notices from the following organizations: Atrium Health; Bread for the World; Crystal Stairs; Episcopal High School; Light of Life Rescue Mission; Planned Parenthood; St. David's Center for Child and Family Development; University of Wisconsin -- Eau Claire; WakeMed Foundation; and Manhattan School of Music. The Plaintiffs in the potential tag-along actions allegedly received notices from Allina Health; Bank Street College of Education; Children's Hospitals and Clinics of Minnesota; Harvard College; Inova Health System; KidsQuest Childrenss Museum; Lower East Side Tenement Museum; Mt. Sinai Health System; Northwest Memorial Healthcare; Nuvance Health; Planned Parenthood; Stetson University; Stony Brook University Hospital; and UMass Memorial Medical Center. The actions allege that numerous other schools, universities, healthcare institutions, and non-profit organizations were affected by the data breach. The Plaintiffs allege that the personal information compromised by the breach includes user names, email addresses, dates of birth, phone numbers, social security numbers, credit card numbers, bank account numbers, financial profiles, passwords, and health information. The common factual questions include: (1) Blackbaud's data security practices and whether the practices met industry standards; (2) how the unauthorized access occurred; (3) the extent of personal information affected by the breach; (4) when Blackbaud knew or should have known of the breach; (5) the investigation into the breach; and (6) the alleged delay in disclosure of the breach to Blackbaud clients and affected consumers. Blackbaud is a cloud computing provider that serves the social good community—nonprofits, foundations, corporations, education institutions, healthcare organizations, religious organizations, and individual change agents. A copy of the Court's order dated May 12, 2023, is available from PacerMonitor.com at https://bit.ly/3IzXeO7 at no extra charge.[CC] MDL 2972:Blackbaud Opposition to Zielinski Class Cert Due June 9 ---------------------------------------------------------------- In the class action lawsuit captioned as Zielinski v. Blackbaud, Inc., Case No.3:20-cv-04513 (D.S.C.), the Hon. Judge Joseph F. Anderson, Jr., entered a corrected amended scheduling order as follows: Event Deadline -- Blackbaud's opposition to class June 9, 2023 Certification: -- Blackbaud's rebuttal class June 9, 2023 certification expert disclosure: -- Blackbaud's Daubert Motion on June 9, 2023 Plaintiffs' class certification Experts: -- Plaintiffs' deadline to file a Aug. 3, 2023 motion seeking leave to submit rebuttal expert information with reply brief: -- Plaintiffs' response in opposition Sept. 11, 2023 to Blackbaud's Daubert Motions on Plaintiffs' class certification Experts: -- Blackbaud's reply in support of its Oct. 20, 2023 Daubert motion on Plaintiffs' class certification experts: -- Plaintiffs' reply in support of their Oct. 20, 2023 motion for class certification: -- Plaintiffs' Daubert Motions on Oct. 20, 2023 Blackbaud rebuttal class certification experts: -- Blackbaud's response in opposition Dec. 18, 2023 to the Plaintiffs' Daubert Motion on Blackbaud's rebuttal class certification experts: -- Plaintiffs' reply in support on Jan. 22, 2024 their Daubert Motions on Blackbaud's rebuttal class certification experts: -- Hearing on class certification: TBD and Daubert Motions: The Zielinski case is consolidated in the Blackbaud, Inc., Customer Data Breach. The Lead case is Case No. 3:20-mn-02972. The Plaintiffs in the actions allegedly received data breach notices from the following organizations: Atrium Health; Bread for the World; Crystal Stairs; Episcopal High School; Light of Life Rescue Mission; Planned Parenthood; St. David's Center for Child and Family Development; University of Wisconsin -- Eau Claire; WakeMed Foundation; and Manhattan School of Music. The Plaintiffs in the potential tag-along actions allegedly received notices from Allina Health; Bank Street College of Education; Children's Hospitals and Clinics of Minnesota; Harvard College; Inova Health System; KidsQuest Childrenss Museum; Lower East Side Tenement Museum; Mt. Sinai Health System; Northwest Memorial Healthcare; Nuvance Health; Planned Parenthood; Stetson University; Stony Brook University Hospital; and UMass Memorial Medical Center. The actions allege that numerous other schools, universities, healthcare institutions, and non-profit organizations were affected by the data breach. The Plaintiffs allege that the personal information compromised by the breach includes user names, email addresses, dates of birth, phone numbers, social security numbers, credit card numbers, bank account numbers, financial profiles, passwords, and health information. The common factual questions include: (1) Blackbaud's data security practices and whether the practices met industry standards; (2) how the unauthorized access occurred; (3) the extent of personal information affected by the breach; (4) when Blackbaud knew or should have known of the breach; (5) the investigation into the breach; and (6) the alleged delay in disclosure of the breach to Blackbaud clients and affected consumers. Blackbaud is a cloud computing provider that serves the social good community—nonprofits, foundations, corporations, education institutions, healthcare organizations, religious organizations, and individual change agents. A copy of the Court's order dated May 12, 2023, is available from PacerMonitor.com at https://bit.ly/3ou4G6z at no extra charge.[CC] NOW INC: Fails to Pay Proper Wages, Camarillo Suit Alleges ---------------------------------------------------------- PABLO CAMARILLO, individually and on behalf of all others similarly situated, Plaintiff v. NOW INC. d/b/a DISTRIBUTIONNOW, Defendant, Case No. 4:23-cv-01972 (S.D. Tex., May 30, 2023) seeks to recover from the Defendant unpaid wages and overtime compensation, interest, liquidated damages, attorneys' fees, and costs under the Fair Labor Standards Act. Plaintiff Camarillo was employed by the Defendants as a welder. NOW INC. d/b/a DISTRIBUTIONNOW is a supplier of energy and industrial products, services, engineered equipment packages and supply chain solutions. [BN] The Plaintiff is represented by: Michael A. Josephson, Esq. Andrew W. Dunlap, Esq. JOSEPHSON DUNLAP LLP 11 Greenway Plaza, Suite 3050 Houston, TX 77046 Telephone: (713) 352-1100 Facsimile: (713) 352-3300 Email: 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 Facsimile: (713) 877-8065 Email: rburch@brucknerburch.com PRESBYTERIAN COLLEGE: Ortiz Files ADA Suit in S.D. New York ----------------------------------------------------------- A class action lawsuit has been filed against Presbyterian College. The case is styled as Joseph Ortiz, on behalf of himself and all other persons similarly situated v. Presbyterian College, Case No. 1:23-cv-04441 (S.D.N.Y., May 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. Presbyterian College -- https://www.presby.edu/ -- is a private Presbyterian liberal arts college in Clinton, South Carolina.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th Street, Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal QDOBA RESTAURANT: Carpenter Sues Over Unpaid Minimum, Overtime Wage ------------------------------------------------------------------- Ansel Carpenter, individual, and on behalf of all similarly situated v. QDOBA RESTAURANT CORPORATION D/B/A QDOBA MEXICAN EATS a Foreign Profit Corporation DEANNA MATTFOLK, an individual, jointly and severally, Case No. 1:23-cv-00457-HYJ-RSK (W.D. Mich., May 3, 2023), is brought to recover for Defendants' willful and knowing violation of the Fair Labor Standards Act ("FLSA"), and the Improved Workforce Opportunity Wage Act ("IWOWA") by failing to pay the Plaintiff minimum and overtime wages. The Plaintiffs are similarly situated with other employees who worked for or are working for Defendants who were not paid minimum wage for all hours worked. The Plaintiffs are similarly situated with other employees who worked for or are working for Defendants and were not compensated the mandated overtime premium for all hours worked in excess of 40 in a work week. The Defendants violated the FLSA by failing to pay employees, including Plaintiffs, time and one-half for each hour worked in excess of 40 per workweek. The Defendant violated the FLSA by failing to pay employees, including Plaintiff, the overtime premium required for all hours worked in excess of forty hours per workweek, says the complaint. The Plaintiff Carpenter began working for Defendants around May 2022, through the beginning of September 2022. Qdoba Restaurant Corporation d/b/a Qdoba Mexican Eats (hereinafter known as "Qdoba") is a Foreign Profit Corporation.[BN] The Plaintiff is represented by: Robert Anthony Alvarez (P66954) AVANTI LAW GROUP, PLLC 600 28th St. SW Wyoming, MI 49509 Phone: (616) 257-6807 Email: ralvarez@avantilaw.com QUEST DIAGNOSTIC: Faces Class Suit Over Fund Mismanagement ---------------------------------------------------------- Quest Diagnostics Incorporated disclosed in its Form 10-Q for the quarterly period ended February 25, 2023, filed with the Securities and Exchange Commission on April 25, 2023, that in 2020, two putative class action lawsuits were filed in the U.S. District Court for New Jersey against the Company and other defendants with respect to its 401(k) plan. The complaint alleges, among other things, that the fiduciaries of the 401(k) plan breached their duties by failing to disclose the expenses and risks of plan investment options, allowing unreasonable administration expenses to be charged to plan participants, and selecting and retaining high cost and poor performing investments. In October 2020, the court consolidated the two lawsuits under the caption "In re: Quest Diagnostics ERISA Litigation," and plaintiffs filed a consolidated amended complaint. In May 2021, the court denied the Company's motion to dismiss the complaint. Discovery is proceeding. Quest Diagnostics Incorporated is a healthcare company based in New Jersey. RED CYPRESS GROUP: Fair Files FDCPA Suit in M.D. Florida -------------------------------------------------------- A class action lawsuit has been filed against Red Cypress Group, et al. The case is styled as Kimberly Fair, individually and on behalf of others similarly situated v. Red Cypress Group, Ashley Blake Collins, Stanley Chao, ARB Risk Management Holdings, LLC, Kashia Services, Derrick J. Franklin, Alyssa Franklin, Case No. 8:23-cv-01006-JLB-TGW (M.D. Fla., May 8, 2023). The lawsuit is brought over alleged violation of the Fair Debt Collection Practices Act. Red Cypress Group -- https://redcypressconsulting.com/ -- is a boutique strategic consulting firm that works with progressive nonprofits, foundations and political organizations to communicate more effectively, leverage digital technology more fully and win their campaigns.[BN] The Plaintiff is represented by: Thomas Martin Bonan, Esq. Alexander Joshua Wilde, Esq. Brandon David Morgan, Esq. Bridget Lynn Scarangella, Esq. Bryan James Geiger, Esq. Philip Ross Goldberg, Esq. Carolyne V. Moomaw, Esq. SERAPH LEGAL P.A. 1614 N 19th Street Tampa, FL 33605 Phone: (323) 937-0400 Fax: (866) 288-9194 Email: tbonan@seraphlegal.com awilde@seraphlegal.com bmorgan@seraphlegal.com bscarangella@seraphlegal.com bgeiger@seraphlegal.com PhilRGoldberg@Gmail.Com cmoomaw@seraphlegal.com REVOLUTION BEAUTY: Wilson Files Suit in N.D. California ------------------------------------------------------- A class action lawsuit has been filed against Revolution Beauty, Inc. The case is styled as Kacey Wilson, individually and on behalf of all other persons similarly situated v. Revolution Beauty, Inc., Case No. 3:23-cv-02190-VC (N.D. Cal., May 4, 2023). The nature of suit is stated as Other Fraud. Revolution Beauty -- https://www.revolutionbeauty.com/ -- is a supplier of beauty products that include makeup, skincare, hair, accessories, body, and wellness.[BN] The Plaintiffs are represented by: Yeremey O. Krivoshey, Esq. BURSOR & FISHER P.A. 1900 California Blvd., Suite 940 Walnut Creek, CA 94596 Phone: (925) 300-4455 Fax: (925) 407-2700 Email: ykrivoshey@bursor.com - and - Matthew A Girardi, Esq. Bursor & Fisher P.A. 1330 Avenue of the Americas, 32nd Floor New York, NY 10019 Phone: (646) 837-7150 Email: mgirardi@bursor.com STELLE CORPORATION: Gadson Files Suit in N.D. Illinois ------------------------------------------------------ A class action lawsuit has been filed against Stelle Corporation. The case is styled as Shawn Gadson, individually and on behalf of others similarly situated v. Stelle Corporation, Case No. 1:23-cv-02977 (N.D. Ill., May 11, 2023). The nature of suit is stated as Other Statutory Actions. Stelle Corporation -- https://stellecorporation.com/ -- is a private company currently specializing in the Transportation/Trucking/Railroad area.[BN] The Plaintiff is represented by: Christopher J. Wilmes, Esq. Clayton Read Pasley, Esq. HUGHES SOCOL PIERS RESNICK & DYM, LTD. 70 W. Madison St., Suite 4000 Chicago, IL 60602 Phone: (312) 604-2636 Email: cwilmes@hsplegal.com tpasley@hsplegal.com STRYKER CORPORATION: Picetti Suit Removed to N.D. California ------------------------------------------------------------ The case styled as Robert Picetti, individually, and on behalf of other members of the general public similarly situated v. Stryker Corporation, Howmedica Osteonics Corp., Case No. RG19044860 was removed from the Alameda Superior Court of California, to the U.S. District Court for the Northern District of California on May 26, 2023. The District Court Clerk assigned Case No. 4:23-cv-02645-DMR to the proceeding. The nature of suit is stated as Other Labor. Stryker Corporation -- http://www.stryker.com/-- is an American multinational medical technologies corporation based in Kalamazoo, Michigan.[BN] The Plaintiff are represented by: Kirk Austin Hornbeck, Esq. Michele Jane Beilke, Esq. HUNTON ANDREWS KURTH LLP 550 S. Hope Street, Suite 2000 Los Angeles, CA 90071 Phone: (213) 532-2000 Fax: (213) 532-2020 Email: khornbeck@HuntonAK.com mbeilke@huntonak.com SYCAMORE PARTNERS: Binder Files Suit in S.D. New York ----------------------------------------------------- A class action lawsuit has been filed against Sycamore Partners Management, L.P., et al. The case is styled as Demetra Binder, Angela Waldner, Christina Calcagno, on behalf of themselves and all others similarly situated v. Sycamore Partners Management, L.P., Premium Apparel, LLC, Does 1-50, inclusive, Case No. 1:23-cv-03939-NRB (S.D.N.Y., May 10, 2023). The nature of suit is stated as Other Fraud. Sycamore Partners -- https://www.sycamorepartners.com/ -- is a private equity firm based in New York specializing in retail and consumer investments.[BN] The Plaintiffs are represented by: Gary F. Lynch, Esq. LYNCH CARPENTER, LLP 1133 Penn Avenue, 5th Floor Pittsburgh, PA 15222 Phone: (412) 322-9243 Email: Gary@lcllp.com TORRANCE REFINING: White Sues Over Wage and Hour Violations ----------------------------------------------------------- Jacqueline White, individually and on behalf of all others similarly situated v. TORRANCE REFINING COMPANY LLC; and DOES 1 through 20, inclusive, Case No. 23STCV10289 (Cal. Super. Ct., Los Angeles Cty., May 8, 2023), is brought against the Defendants engagement in a systematic pattern of wage and hour violations under the California Labor Code and Industrial Welfare Commission ("IWC") Wage Orders, all of which contribute to Defendants' deliberate unfair competition. The Plaintiff is informed and believe, and thereon alleges, that the Defendants have increased their profits by violating state wage and hour laws by, among other things: failing to pay all wages (including minimum wages and overtime wages); failing to provide lawful meal periods or compensation in lieu thereof; failing to authorize or permit lawful rest breaks or provide compensation in lieu thereof; failing to provide accurate itemized wage statements; failing to pay wages timely during employment; and failing to pay all wages due upon separation of employment, says the complaint. The Plaintiff is a resident of California and worked for the Defendants. The Defendants provide services or goods throughout California.[BN] The Plaintiff is represented by: Samuel A. Wong, Esq. Kashif Haque, Esq. Jessica L. Campbell, Esq. AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Phone: (949) 379-6250 Facsimile: (949) 3 79-6251 Email: jcampbell@aegislawfirm.com TRANSDEV SERVICES: Arney Sues Over Unpaid Wages ----------------------------------------------- Jenni Arney, Kevin Claiborne, and Janet Gunn, on behalf of themselves and all others similarly situated v. TRANSDEV SERVICES, INC., a Maryland corporation, TRANSDEV ALTERNATIVE SERVICES, INC., a Delaware corporation, doing business as TRANSDEV, and DOES 1-10, Case No. 3:23-cv-02287-LB (N.D. Cal., May 17, 2023), is brought to seek unpaid wages and penalties for violations of the U.S. Fair Labor Standards Act, California’s Labor Code, and California Industrial Welfare Commission ("IWC"). The Defendants violated the FLSA, California’s Labor Code, and the IWC which include: failing to pay its employees premium wages for missed meal periods; failing to pay its employees premium wages for missed rest periods; failing to pay its employees minimum wage as required by California Law for every hour worked; failing to maintain accurate employment records for its employees in California; and failing to pay its employees amounts owed at the end of employment, says the complaint The Plaintiffs were employed as drivers. Transdev’s primary business activity is providing transportation services to customers.[BN] The Plaintiff is represented by: Anthony J. Nunes, Esq. NUNES WORKER RIGHTS LAW, APC 15260 Ventura Blvd, Suite 1200 Sherman Oaks, CA 91403 Phone: 530-848-1515 Fax: 424-252-4301 Email: tony@nunesworkerrightslaw.com TRAVEL OUTLET: Rosenberg-Wohl Files Suit in N.D. California ----------------------------------------------------------- A class action lawsuit has been filed against The Travel Outlet of Virginia, LLC. The case is styled as Katherine Rosenberg-Wohl, on behalf of herself and all others similarly situated v. The Travel Outlet of Virginia, LLC, Case No. 3:23-cv-02108-LB (N.D. Cal., May 1, 2023). The nature of suit is stated as Other Fraud for Tort/Non-Motor Vehicle. The Travel Outlet of Virginia -- https://www.thetraveloutlet.com/ -- is a travel agency in Virginia Beach, Virginia.[BN] The Plaintiff is represented by: David Michael Rosenberg-Wohl, Esq. HERSHENSON ROSENBERG-WOHL A Professional Corporation 3080 Washington St. San Francisco, CA 94115 Phone: (415) 317-7756 Email: david@hrw-law.com UNION BEVERAGE: Pereira Sues Over Failure to Pay Overtime Wages --------------------------------------------------------------- Manuel Pereira, individually and on behalf of others similarly situated v. UNION BEVERAGE OUTLET INC. d/b/a HOME WINES AND LIQUORS and ATEF AZOUZ, individually, Case No. 2:23-cv-02872 (D.N.J., May 26, 2023), is brought against Defendants' unlawful actions, compensation for their failure to pay overtime wages and liquidated damages, compensatory damages, pre-judgment and post-judgment interest, and attorneys' fees and costs, pursuant to the Fair Labor Standards Act ("FLSA"), the New Jersey Wage and Hour Law ("NJWHL") and the New Jersey Wage Payment Law ("NJWPL"). The Plaintiff and his similarly situated coworkers work or have worked at Home Wines and Liquors ("HWL") that is owned and operated by Azouz. As part of their regular business practice, Defendants have intentionally, willfully and repeatedly harmed Plaintiff and the FLSA Collective by engaging in a pattern and/or policy of violating the FLSA. This policy includes, inter alia, failing to pay employees the applicable overtime rate for all time worked in excess of forty hours per week. The Defendants have engaged in their unlawful conduct pursuant to a corporate policy of minimizing costs and denying employees legally required compensation. Defendants' unlawful conduct has been intentional, willful and in bad faith, and has caused significant damage to the Plaintiff and the FLSA Collective, says the complaint. The Plaintiff worked for Defendants at HWL's Union, New Jersey location. Azouz owned, operated, and controlled these HWL's liquor stores.[BN] The Plaintiff is represented by: Jacob Aronauer, Esq. THE LAW OFFICES OF JACOB ARONAUER 225 Broadway, 3rd Floor New York, NY 10007 UNIVERSITY OF RICHMOND: Ortiz Files ADA Suit in S.D. New York ------------------------------------------------------------- A class action lawsuit has been filed against University Of Richmond. The case is styled as Joseph Ortiz, on behalf of himself and all other persons similarly situated v. University Of Richmond, Case No. 1:23-cv-04442 (S.D.N.Y., May 26, 2023). The lawsuit is brought over alleged violation of the Americans with Disabilities Act. The University of Richmond -- https://www.richmond.edu/ -- is a private liberal arts college in Richmond, Virginia.[BN] The Plaintiff is represented by: Michael A. LaBollita, Esq. GOTTLIEB & ASSOCIATES 150 E. 18th Street, Suite PHR New York, NY 10003 Phone: (212) 228-9795 Email: michael@gottlieb.legal WEEE! INC: Jia Files Suit in N.D. California -------------------------------------------- A class action lawsuit has been filed against Weee! Inc. The case is styled as Helen Jia, on behalf of herself and all others similarly situated v. Weee! Inc., Case No. 4:23-cv-02314-DMR (N.D. Cal., May 11, 2023). The nature of suit is stated as Other Fraud. Weee! -- https://www.sayweee.com/en -- is a California-based online grocery delivery platform that offers Hispanic and Asian foods specialty products and everyday staples.[BN] The Plaintiff is represented by: Blake Joseph Lindemann, Esq. Donna R. Dishbak, Esq. LINDEMANN LAW FIRM 9777 Wilshire Blvd., Fourth Floor Beverly Hills, CA 90212 Phone: (310) 279-5269 Email: Blake@lawbl.com ZAGG INC: Rodriguez Sues Over Secret Reporting of Details --------------------------------------------------------- Rebekah Rodriguez, individually and on behalf of all others similarly situated v. ZAGG, INC., a Delaware corporation DBA WWW.ZAGG.COM, Case 3:23-cv-00976-TWR-JLB (S.D. Cal., May 26, 2023), is brought against the Defendant for violations of the Video Privacy Protection Act ("VPPA") as a result of the Defendant who secretly report all the details of the visitors' identity, the titles watched, and more without warning visitors or obtaining their consent. Whenever someone watches a video on www.zagg.com (the "Website"), the Defendant secretly reports all the details to Google: the visitor's personally identifiable information ("PII"), the titles watched, and more. In sum, each video on the website is a "digital trojan horse" that Defendant uses to secretly collect PII, build profitable targeted advertising databases, and bombard viewers with unwanted advertising. When Plaintiff played the video on the Website, Defendant knowingly disclosed the title to Google, along with numerous identifiers that constitute PII. In other words, Defendant did exactly what the VPPA prohibits: it disclosed Plaintiff' video viewing habits to a third party in a manner that any ordinary person can understand Plaintiff's viewing habits. Visitors would be shocked and appalled to know that Defendant secretly discloses to Google all of key data regarding a visitors' viewing habits. The Defendant's conduct is illegal, offensive, and contrary to visitor expectations, says the complaint. The Plaintiff has purchased products manufactured by Defendant before. The Defendant is a for-profit corporation with its principal place of business in Midvale, Utah and distributes phone and audio accessories via its website and in retail stores nationwide and through the Website.[BN] The Plaintiff is represented by: Scott J. Ferrell, Esq. PACIFIC TRIAL ATTORNEYS A Professional Corporation 4100 Newport Place Drive, Ste. 800 Newport Beach, CA 92660 Phone: (949) 706-6464 Fax: (949) 706-6469 Email: sferrell@pacifictrialattorneys.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. Additional e-mail subscriptions for members of the same firm for the term of the initial subscription or balance thereof are $25 each. For subscription information, contact Peter A. Chapman at 215-945-7000. *** End of Transmission ***