/raid1/www/Hosts/bankrupt/CAR_Public/230809.mbx
C L A S S A C T I O N R E P O R T E R
Wednesday, August 9, 2023, Vol. 25, No. 159
Headlines
3M COMPANY: Orsi Sues Over Exposure to Toxic Film-Forming Foams
ALDI INC: Farmer Sues Over Mislabeled Flavored Drink Enhancers
B.A. MASON INC: Clotz Files TCPA Suit in N.D. Ohio
BANDAI NAMCO: Senior Files ADA Suit in S.D. New York
CAPITAL SECURITY: Jackson Files Suit in Cal. Super. Ct.
CHAMPION CLEANING: Levi Files Suit in Cal. Super. Ct.
COFFEYVILLE RESOURCES: El Dorado Files Suit in E.D. Oklahoma
COLD SPRING: McCourt Suit Asserts Public Health Law Violations
COMPLETE HOME MEDICAL: Williams Files ADA Suit in S.D. New York
CONAGRA BRANDS: Mislabels Butter-Substitute Spreads, Elliott Says
CONCRETE VALUE CORP: Ceja Files Suit in Cal. Super. Ct.
CORRECTCARE-INTEGRATED HEALTH: Oliver Suit Moved to E.D. Kentucky
CPA GLOBAL: Brainchild Surgical Suit Transferred to E.D. Virginia
CUEBIQ INC: Egan Sues Over Unlawful Selling of Data
DEPLOYED SERVICES: Mendez Suit Removed to S.D. California
FLORIDA INSURANCE: Sends Unsolicited Marketing Calls, Negrete Says
MACKENZIE FINANCIAL: Faces Class Suit Over Alleged Data Breach
NASSAU COUNTY, NY: CARECEN Sues Over Denied Language Assistance
PENSION BENEFIT: Ellis Sues Over Unprotected Personal Info
PRESTAMOS CDFI LLC: Drevnak Files Suit in E.D. Pennsylvania
PRIDE INDUSTRIES: Wooten Files Suit in Cal. Super. Ct.
PROSYNTHESIS LABORATORIES: Castro Files ADA Suit in S.D. New York
QDOBA RESTAURANT: Moliga ADA Suit Removed to W.D. Washington
QUAISAR ENTERPRISES: Williams Files ADA Suit in S.D. New York
RAVITSKY BROS: Williams Files ADA Suit in S.D. New York
RCN TELECOM SERVICES: Clement Files ADA Suit in E.D. New York
REAL TIME RESOLUTIONS: Rodriguez Suit Removed to N.D. Illinois
RITE AID: Leija Files Suit in E.D. California
RR WESTERN WEAR: Hernandez Files ADA Suit in S.D. New York
SALON COMMODITIES: Luis Files ADA Suit in S.D. New York
SARTORO LLC: Sookul Files ADA Suit in S.D. New York
SAZERAC COMPANY: Zielinski Suit Transferred to S.D. New York
SCHNUCKS MARKETS: Settles Class Suit Over Alcohol Prices for $4M
SHOHEI OHTANI: Garrison Files Suit in C.D. California
SHORPY INC: Zinnamon Files ADA Suit in S.D. New York
SIGUE CORPORATION: Manriquez Files Suit in Cal. Super. Ct.
SISTERS OF THE SORROWFUL: Olejnik Sues Over Unpaid Compensation
SIWANOY COUNTRY CLUB: Brown Sues Over Failure to Pay Wages
STAR ENERGY: Dorsey Sues Over Unpaid Minimum Wages
STEVENS & COMPANY: Nishinaka Sues Over Unlawful Discrimination
SULTAN ALMUNTASER: Cortes Sues Over Unpaid Minimum, Overtime Wages
TEMASEK HOLDINGS: O'Keefe Sues Over SBF Assistance in Fraud
THEO CHOCOLATE: Chocolate Contains Heavy Metals, Sobotka Suit Says
THEODORE J. BROMBACH: Ihle Sues Over Breach of Fiduciary Duties
UNIVERSAL SERVICE: Leyva Files Suit in Cal. Super. Ct.
WAVEDIVISION HOLDINGS: Carr Files Suit in Cal. Super. Ct.
WEST WING: Olejniczak Sues Over Unpaid Wages and Retained Tips
WORKIT HEALTH: Faces Doe Suit Over Disclosure of Personal Info
WOW RESTAURANT: Chen Sues Over Fraudulent Tax Information Forms
WPB J. AUTOMOTIVE: Berman Files TCPA Suit in S.D. Florida
YOLO OUTLET: Elmeligy Sues Over Unlawful Labor Practices
*********
3M COMPANY: Orsi Sues Over Exposure to Toxic Film-Forming Foams
---------------------------------------------------------------
Stephen J. Orsi, and other similarly situated v. 3M COMPANY (f/k/a
Minnesota Mining and Manufacturing Company); AGC CHEMICALS AMERICAS
INC.; AMEREX CORPORATION; ARCHROMA U.S. INC.; ARKEMA, INC.; BUCKEYE
FIRE EQUIPMENT COMPANY; CARRIER GLOBAL CORPORATION; CHEMDESIGN
PRODUCTS, INC.; CHEMGUARD, INC.; CHEMICALS, INC.; CHEMOURS COMPANY
FC, LLC; CHUBB FIRE, LTD; CLARIANT CORP.; CORTEVA, INC.; DEEPWATER
CHEMICALS, INC.; DU PONT DE NEMOURS INC. (f/k/a DOWDUPONT INC.);
DYNAX CORPORATION; E.I. DU PONT DE NEMOURS AND COMPANY; KIDDE PLC;
NATION FORD CHEMICAL COMPANY; NATIONAL FOAM, INC.; THE CHEMOURS
COMPANY; TYCO FIRE PRODUCTSLP, as successor-in-interest to The
Ansul Company; UNITED TECHNOLOGIES CORPORATION; UTC FIRE & SECURITY
AMERICAS CORPORATION, INC. (f/k/a GE Interlogix, Inc.), Case No.
2:23-cv-03444-RMG (D.S.C., July 18, 2023), is brought for damages
for personal injury resulting from exposure to aqueous film-forming
foams ("AFFF") containing the toxic chemicals collectively known as
per and polyfluoroalkyl substances ("PFAS"). PFAS includes, but is
not limited to, perfluorooctanoic acid ("PFOA") and perfluorooctane
sulfonic acid ("PFOS") and related chemicals including those that
degrade to PFOA and/or PFOS.
AFFF is a specialized substance designed to extinguish
petroleum-based fires. It has been used for decades by military and
civilian firefighters to extinguish fires in training and in
response to Class B fires. The Defendants collectively designed,
marketed, developed, manufactured, distributed, released, trained
users, produced instructional materials, promoted, sold, and/or
otherwise released into the stream of commerce AFFF with knowledge
that it contained highly toxic and bio persistent PFASs, which
would expose end users of the product to the risks associated with
PFAS. Further, the Defendants designed, marketed, developed,
manufactured, distributed, released, trained users, produced
instructional materials, promoted, sold and/or otherwise handled
and/or used underlying chemicals and/or products added to AFFF
which contained PFAS for use in firefighting.
PFAS binds to proteins in the blood of humans exposed to the
material and remains and persists over long periods of time. Due to
their unique chemical structure, PFAS accumulates in the blood and
body of exposed individuals. PFAS are highly toxic and carcinogenic
chemicals. Defendants knew, or should have known, that PFAS remain
in the human body while presenting significant health risks to
humans.
The Defendants' PFAS-containing AFFF products were used by the
Plaintiff in their intended manner, without significant change in
the products' condition. Plaintiff was unaware of the dangerous
properties of the Defendants' AFFF products and relied on the
Defendants' instructions as to the proper handling of the products.
Plaintiff's consumption, inhalation and/or dermal absorption of
PFAS from Defendant's AFFF products caused Plaintiff to develop the
serious medical conditions and complications alleged herein.
Through this action, the Plaintiff seeks to recover compensatory
and punitive damages arising out of the permanent and significant
damages sustained as a direct result of exposure to the Defendants'
AFFF products at various locations during the course of Plaintiff's
training and firefighting activities. The Plaintiff further seeks
injunctive, equitable, and declaratory relief arising from the
same, says the complaint.
The Plaintiff regularly used, and was thereby directly exposed to
AFFF in training and during Plaintiff's working career in the
military and/or as a civilian and was diagnosed with hypothyroidism
as a result of exposure to the Defendants' AFFF products.
The Defendants are designers, marketers, developers, manufacturers,
distributors, releasers, instructors, promotors and sellers of PFAS
containing AFFF products or underlying PFAS containing chemicals
used in AFFF production.[BN]
The Plaintiff is represented by:
Douglass A. Kreis, Esq.
Bryan F. Aylstock, Esq.
Justin G. Witkin, Esq.
AYLSTOCK, WITKIN, KREIS & OVERHOLTZ, PLLC
17 East Main Street, Suite 200
Pensacola, FL 32502
Phone: (850) 202-1010
Email: dkreis@awkolaw.com
baylstock@awkolaw.com
jwitkin@awkolaw.com
ALDI INC: Farmer Sues Over Mislabeled Flavored Drink Enhancers
--------------------------------------------------------------
Erin Farmer, individually and on behalf of all others similarly
situated, Plaintiff v. Aldi Inc., Defendant, Case No. 8:23-cv-01583
(M.D. Fla., July 16, 2023) is a class action against the Defendant
for false and misleading advertising, breaches of express warranty,
implied warranty of merchantability/fitness for a particular
purpose and Magnuson Moss Warranty Act, fraud, unjust enrichment,
and violation of the Florida Deceptive and Unfair Trade Practices
Act.
According to the complaint, Aldi Inc. manufactures strawberry and
watermelon flavored drink enhancers which purports to get its
strawberry and watermelon taste only from natural flavoring
ingredients under its Fit & Active brand. The Plaintiff and
similarly situated consumers were unaware the product contained
artificial flavoring ingredients to provide its watermelon and
strawberry taste because this was not disclosed to them on the
front label, which is where they expected to see this information,
says the suit.
As a result of the false and misleading representations, the
product is sold at a premium price, approximately no less than
$1.75 for 1.62 oz (48 mL), excluding tax and sales, higher than
similar products, represented in a non-misleading way, and higher
than they would be sold for absent the misleading representations
and omissions, the suit asserts.
Aldi Inc. operates as a supermarket. The Company offers groceries,
meat, fresh produce, wine, beer, beverages, and other home
products.[BN]
The Plaintiff is represented by:
William Wright, Esq.
THE WRIGHT LAW OFFICE, P.A.
515 N Flagler Dr Ste P300
West Palm Beach, FL 33401
Telephone: (561) 514-0904
E-mail: willwright@wrightlawoffice.com
- and -
Spencer Sheehan, Esq.
SHEEHAN & ASSOCIATES, P.C.
60 Cuttermill Rd Ste 412
Great Neck, NY 11021
Telephone: (516) 268-7080
E-mail: spencer@spencersheehan.com
B.A. MASON INC: Clotz Files TCPA Suit in N.D. Ohio
--------------------------------------------------
A class action lawsuit has been filed against B.A. Mason, Inc. The
case is styled as Terry Clotz, on behalf of himself and others
similarly situated v. B.A. Mason, Inc., Case No. 1:23-cv-01426-JG
(N.D. Ohio, July 25, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
B.A. Mason, Inc. -- https://www.bamason.com/ -- manufactures and
retails footwear products. The Company offers a variety of shoes,
boots, sandals, slippers, and other products for men, women, and
children.[BN]
The Plaintiff is represented by:
Anthony I. Paronich, Esq.
PARONICH LAW, P.C.
350 Lincoln St., Suite 2400
Hingham, MA 02043
Phone: (617) 485-0018
Fax: (508) 318-8100
Email: anthony@paronichlaw.com
- and -
Brian T. Giles, Esq.
LAW OFFICES OF BRIAN T. GILES
1470 Apple Hill Road
Cincinnati, OH 45230
Phone: (513) 379-2715
Email: Brian@gileslenox.com
BANDAI NAMCO: Senior Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Bandai Namco
Entertainment America Inc. The case is styled as Frank Senior, on
behalf of himself and all other persons similarly situated v.
Bandai Namco Entertainment America Inc., Case No. 1:23-cv-06361
(S.D.N.Y., July 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Bandai Namco Entertainment Inc. -- https://www.bandainamcoent.com/
-- is a Japanese multinational video game publisher headquartered
in Minato-ku, Tokyo.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18 St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
CAPITAL SECURITY: Jackson Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Capital Security
Solutions, Inc., et al. The case is styled as Taneeka Jackson, on
behalf of all others similarly situated, Petitioner v. Capital
Security Solutions Inc., Does 1 through 20, Respondents, Case No.
23CV005514 (Cal. Super. Ct., Sacramento Cty., July 26, 2023).
The case type is stated as "Other Employment Complaint Case."
Capital Security Solutions -- https://capitalsecurity.solutions/ --
provide quality security services.[BN]
CHAMPION CLEANING: Levi Files Suit in Cal. Super. Ct.
-----------------------------------------------------
A class action lawsuit has been filed against Champion Cleaning
Specialists, Inc., et al. The case is styled as Geriold Levi, on
behalf of himself and others similarly situated, Petitioner v.
Champion Cleaning Specialists, Inc., Does 1-50, Respondents, Case
No. 23CV005492 (Cal. Super. Ct., Sacramento Cty., July 26, 2023).
The case type is stated as "Other Employment Complaint Case."
Champion Cleaning Specialists -- https://www.championcleaning.net/
-- offers drain cleaning, tank cleaning, duct cleaning services for
industrial, engineers.[BN]
COFFEYVILLE RESOURCES: El Dorado Files Suit in E.D. Oklahoma
------------------------------------------------------------
A class action lawsuit has been filed against Coffeyville Resources
Refining & Marketing, LLC. The case is styled as El Dorado
Minerals, LLC, on behalf of itself and on behalf of all others
similarly situated v. Coffeyville Resources Refining & Marketing,
LLC, Case No. 6:23-cv-00249-GLJ (E.D. Okla., July 26, 2023).
The nature of suit is stated as Other Contract for Contract
Dispute.
Coffeyville Resources Refining & Marketing --
http://www.coffeyvillecrude.com/#/corp-info/prm-- operates a
complex full coking refinery that processes moderately heavy,
medium sulfur crude oil.[BN]
The Plaintiffs are represented by:
Reagan E. Bradford, Esq.
Ryan K. Wilson, Esq.
BRADFORD & WILSON, PLLC
431 W Main St., Ste. D.
Oklahoma City, OK 73102
Phone: (405) 698-2770
Fax: (405) 234-5506
Email: reagan@bradwil.com
ryan@bradwil.com
COLD SPRING: McCourt Suit Asserts Public Health Law Violations
--------------------------------------------------------------
CHRISTINA M. McCOURT as administrator of the Estate of LAWRENCE E.
McCOURT, on behalf of herself and all others similarly situated,
Plaintiff v. COLD SPRING ACQUISITION, LLC d/b/a COLD SPRING HILLS
CENTER FOR NURSING AND REHABILITATION, BENT PHIUPSON, AVI
PHIL1PSON, ESTATE OF DEBORAH PHILIPSON, JOEL LE1FER, LEAH FRIEDMAN,
ROCHEL DAVID, ESTHER FARKOVITS, BENJAMIN LANDA, DAVID ZAHLER, CHAYA
ZAHLER, CHAlM ZAHLER, JACOB ZAHLER, CHESKEL BERKOWITZ, and JOEL
ZUPNICK, Defendants, Case No. 611142/2023 (N.Y. Sup., Nassau Cty.,
July 14, 2023) is a class action against the Defendants for damages
sustained by the Plaintiff as a result of Defendants' violations of
the New York State Public Health Law.
Decedent LAWRENCE E. McCOURT was a resident of Defendants' COLD
SPRING ACQUISITION, LLC d/b/a COLD SPRING HILLS CENTER FOR NURSING
AND REHABILITATION between approximately July 8, 2021, to July 19,
2021, July 31, 2021 to August 7, 2021, August 14, 2021 to August
29, 2021, October 2, 2021 to October 28, 2021, and November 10,
2021 until about November 20, 2021. During this time Mr. McCourt
fell multiple times, and subjected to other injuries, dangers and
indignities due to Defendants' alleged violations of the NYSPHL and
other federal and state laws.
Specifically, the Defendants failed to meet its legal obligation to
other members of the proposed Class, including by, among other
things, having failed to ensure that residents were treated with
dignity and respect; failed to keep residents free from unnecessary
psychotropic medications; failed to ensure that residents' total
program of care, including medications and treatments, and a
decision about the continued appropriateness of the residents'
medical regimen were reviewed by medical staff; failed to ensure
that food served was palatable and served at safe temperatures;
failed to ensure that a clean, comfortable, and homelike
environment was provided for the residents, including by falling to
properly dispose of garbage and refuse; and failed to ensure that
residents received services that reasonably accommodated the
residents' needs and preference preference, the suit alleges.
As a result of Defendants' failure to operate and staff the
facility in a manner meeting the basic requirements of the NYSPHL
and other federal and state laws, the Defendants have damaged
Plaintiff and the Class in an amount to be determined at trial,
says the suit.
Cold Spring Acquisition, LLC, d/b/a Cold Spring Hills Center for
Nursing and Rehabilitation, owns and operates an adult care
facility.[BN]
The Plaintiff is represented by:
Dennis Kelly, Esq.
KELLY GROSSMAN & KERRIGAN, LLP
1248 Montauk Highway
West Islip, NY 11795
Telephone: (631) 314-4996
Facsimile: (516) 686-6771
COMPLETE HOME MEDICAL: Williams Files ADA Suit in S.D. New York
---------------------------------------------------------------
A class action lawsuit has been filed against Complete Home Medical
Equipment, Inc. The case is styled as Milton Williams, on behalf of
himself and all other persons similarly situated v. American
Quality Health Products, Ltd., Case No. 1:23-cv-06483-LJL
(S.D.N.Y., July 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Complete Home Medical Equipment -- https://www.completehme.com/ --
offers personal medical supply.[BN]
The Plaintiff is represented by:
Jeffrey Michael Gottlieb, Esq.
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: nyjg@aol.com
michael@gottlieb.legal
CONAGRA BRANDS: Mislabels Butter-Substitute Spreads, Elliott Says
-----------------------------------------------------------------
LILLIAN ELLIOTT, on behalf of herself and all others similarly
situated, Plaintiff v. CONAGRA BRANDS, INC., Defendant, Case No.
2:23-cv-01417-JAM-AC (E.D. Cal., July 17, 2023) is a class action
against the Defendant for breach of express warranty, breach of
implied warranty, negligent misrepresentation, breach of contract,
breach of duty of good faith and fair dealing, fraudulent
inducement, and violations of the Calfiornia Legal Remedies Act,
Unfair Competition Law, and False Advertising Law.
The Defendant manufactures, packages, labels, distributes,
advertises, and sells a line of butter-substitute
vegetable-oil-based products branded and labeled as "Smart Balance"
spreads.
The Plaintiff brought this consumer class action alleging economic
adulteration of commercial food products. She asserts that the
Defendant's packaging, labeling, and advertising scheme for the
adulterated products was intended to give consumers the false
impression that they were buying the unadulterated
64%-vegetable-oil product they were accustomed to purchasing at the
same retail price. When customers got the adulterated product home
and tried to use it, however, it immediately became apparent that
this was not the "Smart Balance Original" product that they
expected and assumed they were buying based on the product name,
product package, product labeling, product graphics and appearance,
and their prior experience in purchasing the products. The
adulterated product's labeling and advertising statements were both
false: the adulterated product was unusable for cooking or baking,
says the Plaintiff.
Conagra Brands, Inc. is an American consumer packaged goods holding
company headquartered in Chicago, Illinois.[BN]
The Plaintiff is represented by:
Ronald A. Marron, Esq.
Lilach Halperin, Esq.
LAW OFFICES OF RONALD A. MARRON
651 Arroyo Drive
San Diego, CA 92103
Telephone: (619) 696-9006
- and -
David Elliot, Esq.
ELLIOT LAW OFFICE, PC
2028 3rd Avenue
San Diego, CA 92101
Telephone: (619) 952-3027
CONCRETE VALUE CORP: Ceja Files Suit in Cal. Super. Ct.
-------------------------------------------------------
A class action lawsuit has been filed against Concrete Value Corp.
Inc., et al. The case is styled as Maria Renteria Ceja, on behalf
of herself and all others similarly situated, Petitioner v.
Concrete Value Corp. Inc., Does 1 through 100, Respondents, Case
No. 23CV005518 (Cal. Super. Ct., Sacramento Cty., July 26, 2023).
The case type is stated as "Other Employment Complaint Case."
CVC Concrete Value Corp. -- http://www.cvcconstruction.com/-- is
one of the nation's largest concrete subcontractors.[BN]
CORRECTCARE-INTEGRATED HEALTH: Oliver Suit Moved to E.D. Kentucky
-----------------------------------------------------------------
The case styled ANTHONY OLIVER, REGINALD PRIDDY, ANTHONY WILLIAMS,
on behalf of themselves and all others similarly situated v.
CORRECTCARE-INTEGRATED HEALTH, LLC, Case No. 1:23-cv-01168, was
transferred from the U.S. District Court for the Northern District
of Georgia to the U.S. District Court for the Eastern District of
Kentucky on July 19, 2023.
The Clerk of Court for the Eastern District of Kentucky assigned
Case No. 5:23-cv-00218-DCR to the proceeding.
The case arises from the Defendant's alleged negligence, breach of
implied contract, negligence per se, breach of fiduciary duty,
intrusion upon seclusion/invasion of privacy, and unjust enrichment
due to its failure to undertake appropriate and adequate measures
to protect the private health information of the Plaintiffs and the
putative Class members following a data breach.
CorrectCare-Integrated Health, LLC is a correctional specific
provider of third-party administrative services headquartered in
Kentucky. [BN]
The Plaintiffs are represented by:
McNeill Stokes, Esq.
5372 Whitehall Place SE
Mableton, GA 30126
Telephone: (404) 352-2144
E-mail: mcstokes@bellsouth.net
CPA GLOBAL: Brainchild Surgical Suit Transferred to E.D. Virginia
-----------------------------------------------------------------
The case styled as Brainchild Surgical Devices, LLC, a New York
limited liability company, on behalf of themselves and those
similarly situated, Movant v. CPA Global Limited, Case No.
2:23-mc-00102 was transferred from the U.S. District Court for the
Central District of California, to the U.S. District Court for the
Eastern District of Virginia on July 26, 2023.
The District Court Clerk assigned Case No. 1:23-mc-00013-RDA-LRV to
the proceeding.
The nature of suit is stated as Other Statutory Actions.
CPA Global Ltd. doing business as Clarivate --
https://clarivate.com/ -- provides general, legal, and intellectual
property (IP) support services. The Company offers document review,
contract management, and litigation support services, as well as
intellectual property software, renewals and data management,
research, and consulting services.[BN]
The Movant is represented by:
Ethan J Brown, Esq.
Geoffrey A Neri, Esq.
BROWN NERI SMITH KHAN LLP
11601 Wilshire Boulevard, Suite 2080
Los Angeles, CA 90025
Phone: (310) 593-9890
Fax: (310) 593-9980
Email: ethan@bnsklaw.com
geoff@bnsklaw.com
- and -
Ryan Abbott, Esq.
ONE LLP
4000 MacArthur Boulevard East Tower Suite 500
Newport Beach, CA 92660
Phone: (949) 502-2870
Fax: (949) 258-5081
Email: ryan@bnsklaw.com
CUEBIQ INC: Egan Sues Over Unlawful Selling of Data
---------------------------------------------------
Norma Egan, individually and on behalf of all others similarly
situated v. CUEBIQ INC., Case No. 1:23-cv-11650-WGY (D. Mass., July
25, 2023), is brought against the Defendant's unlawful selling of
data without consent.
Cuebiq violates state law by first acquiring and tracking
consumers' precise geolocation data and other data using spyware,
and then profiting from that data by selling it to others. The data
can include consumers' movements to and from sensitive locations,
like locations associated with medical care, reproductive health,
religious worship, mental health, temporary shelters, such as
shelters for the homeless, domestic violence survivors, addiction
recovery, or other at-risk populations.
The Plaintiff is an individual who asserts claims on behalf of
herself and other similarly situated individuals for unjust
enrichment and violations of consumer protection statutes. By
selling this data without consent, Defendant has been unjustly
enriched and has violated Plaintiff's privacy rights, state
consumer protection and privacy statutes, and Section 5 of the
Federal Trade Commission ("FTC") Act, says the complaint.
The Plaintiff downloaded a third-party phone application designed
to allow users to know the location of their children or other
family members (the "App"). Plaintiff believed that the geolocation
data generated by the App would be used solely by the third-party
App developer for App functionality. However, that was not the
case: the developer of that App later confirmed that it sold
location data to Defendant (the "App") when Plaintiff used the
application. During that entire time, the App tracked the
geolocation of Plaintiff Egan and her family. In turn, Defendant
tracked Plaintiff Egan's geolocation in Massachusetts, and then
sold that data for profit. Plaintiff suffered her primary injury in
Massachusetts.
During the time while Plaintiff used the App, Defendant bought
Plaintiff's geolocation data from the App and then sold Plaintiff's
location data to other third parties. Plaintiff has not consented
to have her geolocation data sold to third parties for valuable
consideration. If Plaintiff had been aware that Defendant would
receive and sell her geolocation data to third parties, Plaintiff
would have not used the App, says the complaint.
The Plaintiff Norma Egan is a resident of Somerville,
Massachusetts.
Cuebiq Group, LLC is a Delaware corporation with its principal
place of business in New York City.[BN]
The Plaintiff is represented by:
Joel Smith, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (925) 300-4455
Facsimile: (925) 407-2700
Email: jsmith@bursor.com
- and -
Julian C. Diamond, Esq.
BURSOR & FISHER, P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
Fax: (212) 989-9163
Email: jdiamond@bursor.com
DEPLOYED SERVICES: Mendez Suit Removed to S.D. California
---------------------------------------------------------
The case captioned as Roberto Mendez, individually and on behalf of
all others similarly situated v. DEPLOYED SERVICES, LLC, and DOES 1
through 50, inclusive, Case No. 37-2023-00025850-CI-OE-CTL was
removed from the Superior Court of the Superior Court of the State
of California for the County of San Diego, to the United States
District Court for the Southern District of California on July 25,
2023, and assigned Case No. 3:23-cv-01351-BAS-BGS.
The Complaint alleged causes of action for: Failure to Pay All
Overtime Wages; Meal Period Violations; Rest Period Violations;
Paid Sick Leave Violations; Untimely Payment of Wages; Wage
Statement Violations; Waiting Time Penalties; Unfair
Competition.[BN]
The Defendants are represented by:
Andrew M. Paley, Esq.
John T. Ayers-Mann, Esq.
SEYFARTH SHAW LLP
2029 Century Park East, Suite 3500
Los Angeles, CA 90067-3021
Phone: (310) 277-7200
Facsimile: (310) 201-5219
Email: apaley@seyfarth.com
jayers-mann@seyfarth.com
- and -
Coby Turner, Esq.
Jeff A. Nordlander, Esq.
SEYFARTH SHAW LLP
400 Capitol Mall, Suite 2300
Sacramento, CA 95814-4428
Phone: (916) 448-0159
Facsimile: (916) 558-4839
Email: cturner@seyfarth.com
jnordlander@seyfarth.com
FLORIDA INSURANCE: Sends Unsolicited Marketing Calls, Negrete Says
------------------------------------------------------------------
DANIEL NEGRETE, on behalf of himself and all others similarly
situated, Plaintiff v. FLORIDA INSURANCE SERVICES, INC. dba SENIOR
LIFE SERVICES, INC., Defendant, Case No. 4:23-cv-00251-RGE-SBJ
(S.D. Iowa, July 19, 2023) is a class action against the Defendant
for violation of the Telephone Consumer Protection Act.
According to the complaint, the Defendant violated the Plaintiff
and Class members' rights by making two or more solicitation calls
to residential subscribers whose numbers were registered on the Do
Not Call Registry. The Defendant knew or should have known that the
Plaintiff and Class members had their numbers registered on the Do
Not Call Registry and it did not have express written consent to
call their numbers. As a result, the Plaintiff and Class members
experienced frustration, annoyance, irritation, and disruption,
says the suit.
Florida Insurance Services, Inc., doing business as Senior Life
Services, Inc., is an insurance agency based in Vero Beach,
Florida. [BN]
The Plaintiff is represented by:
Philip A. Burian, Esq.
SIMMONS PERRINE MOYER BERGMAN PLC
115 Third Street SE, Suite 1200
Cedar Rapids, IA 52401
Telephone: (319) 366-7641
Facsimile: (319) 366-1917
E-mail: pburian@spmblaw.com
MACKENZIE FINANCIAL: Faces Class Suit Over Alleged Data Breach
--------------------------------------------------------------
Matthew Sellers of InvestmentNews reports that Multiple
class-action lawsuits have already been launched in the United
States following the massive data breaches and exploitation related
to Fortra's GoAnywhere MFT file transfer software in January.
Now those lawsuits may be piling up north of the border. A law firm
in Saskatchewan, Canada -- Merchant Law Group -- has launched a
nationwide class action suit. The claimants are Canadian investors
in Mackenzie Financial who allege their personal information was
compromised in a hack linked to GoAnywhere.
The defendants in this case include Mackenzie Financial and Edward
Jones; Investor.com, a company responsible for managing information
provided to clients of investment firms; and Fortra.
For a class action suit to move forward, it needs the approval of a
judge.
The lawsuit brought forth on behalf of Mackenzie investors residing
in B.C., Manitoba, Saskatchewan, and Newfoundland and Labrador,
asserts that Mackenzie and Edward Jones enlisted the services of
Investor.com for data transfer. This included the exchange of
personal and financial details between employees and partners.
Investor.com and Edward Jones purportedly utilized the cloud
version of GoAnwhere (named GoAnywhere MFTaaS) for this purpose.
According to the lawsuit, hackers took advantage of a zero-day flaw
in GoAnywhere MFTaaS in late January. This allowed them to set up
unauthorized accounts in the systems of certain public and private
sector clients and proceed to duplicate data. Fortra confirmed this
incident in a public statement later.
On March 28, 2023, Investor.com allegedly informed Mackenzie and
Edward Jones about the breach in GoAnywhere MFTaaS and revealed
that names, addresses, and Social Insurance numbers of Mackenzie's
customers had been exposed.
The Cl0p ransomware group has publicly claimed responsibility for
the breach. The lawsuit attempts to link this recent attack to a
similar incident that occurred in 2021, where the Cl0p gang
exploited a vulnerability in the Accellion file transfer
application.
"The Defendants failed to take precautionary steps despite the
well-documented history of Clop attackers employing similar
strategies to steal data from over 100 companies using Accellion
FTA," according to the lawsuit. It further claims that despite
numerous advisories published in 2021 detailing the cause of the
previous attack and suggesting prevention methods, the defendants
didn't show due diligence in thwarting potential attacks on
GoAnywhere.
These accusations are yet to be substantiated in court.
In May 2023, Mackenzie Financial assured InvestmentExecutive.com
that customers' financial details, such as account balances and
holdings, were not impacted by the breach.
Several organizations have disclosed that they fell prey to the
GoAnywhere vulnerability, including Hitachi Energy, Cineplex, Onex,
and Charles Schwab/TD Ameritrade.
In the United States, various class actions have been filed against
both Fortra and its clients. DataBreachToday.com reports that
NationsBenefits Holdings, a third-party benefits administrator, and
health insurance provider Aetna are among the implicated parties.
The allegations in these lawsuits are yet to be confirmed in court.
[GN]
NASSAU COUNTY, NY: CARECEN Sues Over Denied Language Assistance
---------------------------------------------------------------
CENTRAL AMERICAN REFUGEE CENTER, M.C., and V.A., on behalf of
themselves and all others similarly situated, Plaintiffs v. NASSAU
COUNTY, NASSAU COUNTY POLICE DEPARTMENT, and PATRICK RYDER, in his
official capacity as Commissioner of Nassau County Police
Department, OFFICER JOHN DOE, head of the Internal Affairs Unit of
the Nassau County Police Department, and SERGEANT SABRINA GREGG,
Nassau County Police Department Language Access Coordinator,
Defendants, Case No. 2:23-cv-05412 (E.D.N.Y., July 17, 2023) is a
civil rights action brought on behalf of the Plaintiff and all
Limited English Proficient (LEP) individuals who are, have been, or
will be at risk of being subject to discriminatory and
unconstitutional denials of language access services by the Nassau
County Police Department.
According to the complaint, Nassau County passed two executive
orders requiring public-facing agencies to provide equal access to
services for those with limited English proficiency, 10 years ago.
Ten years later, NCPD continues to deny LEP community members
adequate translation and interpretation, equal access to NCPD
services, and fair treatment under the law based on their national
origin and LEP status. This practice is in stark contrast to the
County's stated policy regarding language access -- a stated policy
that is not followed in practice and which officers can breach with
impunity, says the suit.
The Plaintiffs are a non-profit organization serving Nassau
County's large and growing immigrant population and two former
residents of Nassau County who were denied language assistance by
NCPD. As alleged, these are not isolated incidents, but part of a
historical and continuing pattern of intentional discrimination and
deliberate indifference towards the constitutional rights of Nassau
County's LEP community members, the suit added.
The Named Plaintiffs, on behalf of a class of all similarly
situated individuals, bring this action to remedy the NCPD's
longstanding and continuing practice of discriminatory and
unconstitutional conduct toward LEP individuals.
Nassau County is a county within the state of New York.[BN]
The Plaintiffs are represented by:
Fulvia Vargas-de Leon, Esq.
Meena Roldán Oberdick, Esq.
Andrew Case, Esq.
LATINOJUSTICE PRLDEF
475 Riverside Drive #1901
New York, NY 10115
Telephone: (212) 219-3360
E-mail: fvargasdeleon@latinojustice.org
moberdick@latinojustice.org
acase@latinojustice.org
PENSION BENEFIT: Ellis Sues Over Unprotected Personal Info
----------------------------------------------------------
RENALDO ELLIS AND MICHAEL STANDEFER, on behalf of themselves and
all others similarly situated, Plaintiffs v. PENSION BENEFIT
INFORMATION, LLC; THE BERWYN GROUP, INC.; and DOES 1-10,
Defendants, Case No. 0:23-cv-02139-KMM-DTS (D. Minn., July 14,
2023) arises from the Defendants' negligent failure to implement
and maintain reasonable cybersecurity procedures that resulted in a
data breach of its systems, which was discovered in May or June
2023, in violation of the California Consumer Privacy Act, the
California Customer Records Act, and the California Unfair
Competition Law.
PBI acts as a third- party provider of pension management services
to public pensions throughout the nation, including the California
Public Employees' Retire System and the California Teachers'
Retirement Fund.
According to the complaint, in connection with the data breach, PBI
failed to properly secure and safeguard Plaintiffs' and Class
Members' protected personally identifiable information, including
without limitation, full names, dates of birth, and Social Security
numbers. The data breach has impacted more than 700,000 CalPERS
members and an unknown number of CalSTRS members. The data breach
has also impacted several million additional individuals nationwide
for whom PBI provides pension and insurance related services, says
the suit.
The Plaintiffs assert claims on behalf of a nationwide class for
negligence, negligence per se, breach of fiduciary duty, breach of
confidence, unjust enrichment, declaratory judgment, common law
invasion of privacy, breach of implied contract and breach of
implied covenant of good faith and fair dealing.[BN]
The Plaintiffs are represented by:
Daniel E. Gustafson, Esq.
David A. Goodwin, Esq.
GUSTAFSON GLUEK PLLC
120 South Sixth Street, Suite 2600
Minneapolis, MN 55402
Telephone: (612) 333-8844
E-mail: dgustafson@gustafsongluek.com
dgoodwin@gustafsongluek.com
- and -
Marc H. Edelson, Esq.
EDELSON LECHTZIN LLP
411 S. State Street, Suite N300
Newtown, PA 18940
Telephone: (215) 867-2399
E-mail: medelson@edelson-law.com
PRESTAMOS CDFI LLC: Drevnak Files Suit in E.D. Pennsylvania
-----------------------------------------------------------
A class action lawsuit has been filed against Prestamos CDFI, LLC,
et al. The case is styled as Georgina Drevnak, John Martin,
Katherine Loyd, Ezra Beattie, Gregory Lloyd, Alyshia Johnson,
Lametria Marvel, individually and on behalf of all others similarly
situated v. Prestamos CDFI, LLC, Chicanos Por La Causa, Inc., Case
No. 2:23-cv-02777-JMG (E.D. Pa., July 20, 2023).
The nature of suit is stated as Other Contract.
Prestamos CDFI -- https://prestamoscdfi.org/ -- is a CDE and CDFI
that offers financial services and products for small businesses
and economic projects.[BN]
The Plaintiff is represented by:
Lawrence J. Lederer, Esq.
BAILEY & GLASSER LLP
1055 Thomas Jefferson Street NW, Suite 540
Washington, DC 20007
Phone: (202) 463-2101
Fax: (202) 463-2103
Email: llederer@baileyglasser.com
PRIDE INDUSTRIES: Wooten Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Pride Industries, et
al. The case is styled as Curtis Wooten, as individual and on
behalf of all others similarly situated, Petitioner v. Pride
Industries, Does 1-50, Respondent, Case No. 23CV005034 (Cal. Super.
Ct., Sacramento Cty., July 19, 2023).
The case type is stated as "Other Employment Complaint Case."
PRIDE Industries -- https://www.prideindustries.com/ -- is a
pioneer in social enterprise.[BN]
PROSYNTHESIS LABORATORIES: Castro Files ADA Suit in S.D. New York
-----------------------------------------------------------------
A class action lawsuit has been filed against ProSynthesis
Laboratories, Inc. The case is styled as Felix Castro, on behalf of
himself and all others similarly situated v. ProSynthesis
Laboratories, Inc., Case No. 1:23-cv-06292-JLR (S.D.N.Y., July 20,
2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
ProSynthesis Laboratories, Inc. doing business as Unjury Protein --
https://unjury.com/ -- shakes are a good quality protein that is
perfect for weight loss surgery patients. Low calorie, low sugar,
and protein-rich.[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
QDOBA RESTAURANT: Moliga ADA Suit Removed to W.D. Washington
------------------------------------------------------------
The case styled as Destinee Moliga, individually and on behalf of
all others similarly situated v. Qdoba Restaurant Corporation doing
business as: Qdoba Mexican Eats Corporation, Does 1-20, Case No.
23-00002-11540-6-SEA was removed from the King County Superior
Court, to the U.S. District Court for the Western District of
Washington on July 18, 2023.
The District Court Clerk assigned Case No. 2:23-cv-01084-LK to the
proceeding.
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Qdoba Restaurant Corporation doing business as QDOBA Mexican Eats
-- https://www.qdoba.com/ -- is a Mexican restaurant and caterer
offering customizable flavorful food.[BN]
The Plaintiff is represented by:
Patrick B. Reddy, Esq.
Paul Cipriani, Jr., Esq.
Timothy W Emery, Esq.
EMERY REDDY PLLC
600 Stewart St., Ste. 1100
Seattle, WA 98101
Phone: (206) 442-9106
Email: reddyp@emeryreddy.com
paul@emeryreddy.com
emeryt@emeryreddy.com
The Defendant is represented by:
Catharine M Morisset, Esq.
Ryan R Jones, Esq.
FISHER & PHILLIPS LLP (WA)
1700 Seventh Ave., Ste. 2200
Seattle, WA 98101
Phone: (206) 682-2308
Email: cmorisset@fisherphillips.com
rrjones@fisherphillips.com
QUAISAR ENTERPRISES: Williams Files ADA Suit in S.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against Quaisar Enterprises,
LLC. The case is styled as Milton Williams, on behalf of himself
and all other persons similarly situated v. Quaisar Enterprises,
LLC, Case No. 1:23-cv-06248 (S.D.N.Y., July 19, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Quaisar Enterprises, LLC was founded in 2002. The company's line of
business includes the retail sale of specialized lines of
merchandise.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
RAVITSKY BROS: Williams Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Ravitsky Bros.,
Incorporated. The case is styled as Milton Williams, on behalf of
himself and all other persons similarly situated v. Ravitsky Bros.,
Incorporated, Case No. 1:23-cv-06487 (S.D.N.Y., July 26, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Ravitsky Bros., Incorporated. specialize in power equipment, HVAC,
and home appliances, and have an extensive assortment of other
product categories.[BN]
The Plaintiff is represented by:
Michael A. LaBollita, Esq.
GOTTLIEB & ASSOCIATES
150 E. 18th St., Suite PHR
New York, NY 10003
Phone: (212) 228-9795
Email: michael@gottlieb.legal
RCN TELECOM SERVICES: Clement Files ADA Suit in E.D. New York
-------------------------------------------------------------
A class action lawsuit has been filed against RCN Telecom Services
of New York, L.P. The case is styled as Vincent Clement, on behalf
of himself and all others similarly situated v. RCN Telecom
Services of New York, L.P., Case No. 1:23-cv-05543 (E.D.N.Y., July
21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
RCN Telecom Services LLC provides telecommunication services. The
Company offers broadband Internet, digital cable television, fixed
line telephony, and mobile telephony services.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
REAL TIME RESOLUTIONS: Rodriguez Suit Removed to N.D. Illinois
--------------------------------------------------------------
The case styled as Efrain Rodriguez, on behalf of himself and all
others similarly situated v. Real Time Resolutions, Inc., Case No.
2023CH05424 was removed from the Circuit Court of Cook County,
Illinois, to the U.S. District Court for the Northern District of
Illinois on July 21, 2023.
The District Court Clerk assigned Case No. 1:23-cv-04719 to the
proceeding.
The nature of suit is stated as Consumer Credit.
Real Time Resolutions, Inc. -- https://www.realtimeresolutions.com/
-- is a debt collector.[BN]
The Plaintiff is represented by:
Seth Barrow Mccormick, Esq.
GREAT LAKES CONSUMER LAW FIRM, LLC
73 W. Monroe St., Suite 100
Chicago, IL 60603
Phone: (312) 971-6787
Email: seth@glclf.com
- and -
Celetha C. Chatman, Esq.
Michael Wood, Esq.
COMMUNITY LAWYERS, LLC
980 N. Michigan Avenue, Suite 1400
Chicago, IL 60611
Phone: (312) 757-1880
Email: cchatman@communitylawyersgroup.com
The Defendant is represented by:
William A. Ringhofer, Esq.
HOLLAND & KNIGHT LLP
150 N Riverside Plaza, #2700
Chicago, IL 60606
Phone: (312) 715-5797
Email: william.ringhofer@hklaw.com
RITE AID: Leija Files Suit in E.D. California
---------------------------------------------
A class action lawsuit has been filed against Rite Aid Corporation.
The case is styled as Patricia Leija, individually and on behalf of
all others similarly situated v. Rite Aid Corporation, Case No.
1:23-cv-01080-EPG (E.D. Cal., July 19, 2023).
The nature of suit is stated as Other P.I. for Personal Injury.
Rite Aid Corporation -- http://www.riteaid.com/-- is an American
drugstore chain based in Camp Hill, Pennsylvania.[BN]
The Plaintiff is represented by:
Adam B. Wolf, Esq.
PEIFFER WOLF CARR KANE & CONWAY, APLC
3435 Wilshire Blvd., Suite 1400
Los Angeles, CA 90010
Phone: (415) 766-3545
Email: awolf@peifferwolf.com
RR WESTERN WEAR: Hernandez Files ADA Suit in S.D. New York
----------------------------------------------------------
A class action lawsuit has been filed against RR Western Wear Casa
Del Sombrero, Inc. The case is styled as Janelys Hernandez, on
behalf of herself and all others similarly situated v. RR Western
Wear Casa Del Sombrero, Inc., Case No. 1:23-cv-06326 (S.D.N.Y.,
July 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
RR Western Wear -- https://rrwesternwear.com/ -- is a retail
company that was established in 1955.[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
SALON COMMODITIES: Luis Files ADA Suit in S.D. New York
-------------------------------------------------------
A class action lawsuit has been filed against Salon Commodities,
LTD. The case is styled as Kevin Yan Luis, individually and on
behalf of all others similarly situated v. Salon Commodities, LTD.,
Case No. 1:23-cv-06271 (S.D.N.Y., July 20, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Salon Commodities is a boutique manufacturer of personal care
products.[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
SARTORO LLC: Sookul Files ADA Suit in S.D. New York
---------------------------------------------------
A class action lawsuit has been filed against Sartoro LLC. The case
is styled as Sanjay Sookul, on behalf of himself and all others
similarly situated v. Sartoro LLC, Case No. 1:23-cv-06297
(S.D.N.Y., July 20, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
SARTORO -- https://sartoro.co/ -- is a leading online custom suits
company.[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
SAZERAC COMPANY: Zielinski Suit Transferred to S.D. New York
------------------------------------------------------------
The case styled as Larry Zielinski, individually and on behalf of
all others similarly situated v. Sazerac Company, Inc., Case No.
1:23-cv-00305 was transferred from the U.S. District Court for the
Western District of New York, to the U.S. District Court for the
Southern District of New York on July 19, 2023.
The District Court Clerk assigned Case No. 7:23-cv-06216-KMK to the
proceeding.
The nature of suit is stated as Other Fraud.
Sazerac Company, Inc. -- https://www.sazerac.com/ -- is a privately
held American alcoholic beverage company headquartered in Metairie
in the metropolitan area of New Orleans, Louisiana, but with its
principal office in Louisville, Kentucky.[BN]
The Plaintiff is represented by:
Philip L. Fraietta, Esq.
BURSOR & FISHER P.A.
1330 Avenue of the Americas, 32nd Floor
New York, NY 10019
Phone: (646) 837-7150
- and -
Neal Jamison Deckant, Esq.
BURSOR & FISHER, P.A.
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Phone: (646) 837-7165
Fax: (212) 989-9163
Email: ndeckant@bursor.com
The Defendant is represented by:
Laura M. Lestrade, Esq.
Elizabeth Rozon Baksh
DORSEY & WHITNEY LLP
51 West 52nd Street
New York, NY 10019
Phone: (212) 415-9200
Fax: (212) 953-7201
Email: baksh.elizabeth@dorsey.com
- and -
Creighton Reid Magid, Esq.
DORSEY & WHITNEY, LLP (DC)
1801 K Street, N.W., Suite 750
Washington, DC 20006
Phone: (202) 442-3555
Fax: (202) 442-3199
Email: magid.chip@dorsey.com
SCHNUCKS MARKETS: Settles Class Suit Over Alcohol Prices for $4M
----------------------------------------------------------------
Kevin S. Held of Fox2 Now reports that wine drinkers and spirit
sippers may be entitled to compensation from Schnucks following a
class action settlement.
The local grocer will pay customers up to $4 million following
accusations of making false and misleading claims about its alcohol
prices.
Schnucks disagrees with the claims and denies any wrongdoing.
Customers who bought alcohol from Schnucks in Missouri between Dec.
3, 2015, and Feb. 15, 2023, can receive up to $72.
Rewards members can access past receipts online or on the Schnucks
rewards app to add themselves to the suit online. [GN]
SHOHEI OHTANI: Garrison Files Suit in C.D. California
-----------------------------------------------------
A class action lawsuit has been filed against Shohei Ohtani, et al.
The case is styled as Edwin Garrison, Gregg Podalsky, Skyler
Lindeen, Alexander Chernyavsky, Gary Piano, Sunil Kavuri, Gary
Gallant, David Nicol, on behalf of themselves and all others
similarly situated v. Shohei Ohtani, Naomi Osaka, David Gene
Lawrence, Solomid Corporation D/B/A Team Solomid, TSM and/or TSM
FTX, Case No. 2:23-cv-05951-AB-PVC (C.D. Cal., July 21, 2023).
The nature of suit is stated as Other Fraud.
Shohei Ohtani, nicknamed "Shotime", is a Japanese professional
baseball pitcher and designated hitter for the Los Angeles Angels
of Major League Baseball.[BN]
The Plaintiffs are represented by:
Hsiao Chun Mao, Esq.
BOIES SCHILLER FLEXNER LLP
725 South Figueroa Street, 31st Floor
Los Angeles, CA 90017
Phone: (415) 293-6858
Fax: (415) 293-6899
Email: mmao@bsfllp.com
- and -
Brooke A. Alexander, Esq.
BOIES SCHILLER FLEXNER LLP
333 Main Street
Amonk, NY 10504
Phone: (914) 749-8200
Fax: (914) 749-8300
Email: balexander@bsfllp.com
SHORPY INC: Zinnamon Files ADA Suit in S.D. New York
----------------------------------------------------
A class action lawsuit has been filed against Shorpy, Inc. The case
is styled as Warren Zinnamon, on behalf of himself and all others
similarly situated v. Shorpy, Inc. doing business as: Vintagraph,
Case No. 1:23-cv-06329 (S.D.N.Y., July 21, 2023).
The lawsuit is brought over alleged violation of the Americans with
Disabilities Act.
Shorpy -- https://www.shorpy.com/ -- is a vintage photography site
featuring thousands of high-definition images from the 1850s to
1950s.[BN]
The Plaintiff is represented by:
Mark Rozenberg, Esq.
STEIN SAKS, PLLC
One University Plaza, Ste. 620
Hackensack, NJ 07601
Phone: (201) 282-6500
Email: mrozenberg@steinsakslegal.com
SIGUE CORPORATION: Manriquez Files Suit in Cal. Super. Ct.
----------------------------------------------------------
A class action lawsuit has been filed against Sigue Corporation, et
al. The case is styled as Filemon Ikeni Manriquez, on behalf of
himself and others similarly situated, Petitioner v. Sigue
Corporation, Does 1-100, Respondents, Case No. 23CV005039 (Cal.
Super. Ct., Sacramento Cty., July 19, 2023).
The case type is stated as "Other Employment Complaint Case."
Sigue Corporation -- https://sigue.com/ -- provides payment
processing services. The Company offers money transfer, bill
payment, and other services.[BN]
SISTERS OF THE SORROWFUL: Olejnik Sues Over Unpaid Compensation
---------------------------------------------------------------
Nicole Olejnik, on behalf of herself and all others similarly
situated v. SISTERS OF THE SORROWFUL MOTHER–INTERNATIONAL
FINANCE, INC. and SISTERS OF THE SORROWFUL MOTHER–FRANCISCAN
COURTS, Case No. 1:23-cv-00977 (E.D. Wis., July 21, 2023), is
brought pursuant to the Fair Labor Standards Act of 1938, as
amended, ("FLSA"), and Wisconsin's Wage Payment and Collection Laws
("WWPCL") for purposes of obtaining relief under the FLSA and WWPCL
for unpaid overtime compensation, unpaid straight time (regular)
and/or agreed upon wages, liquidated damages, costs, attorneys'
fees, declaratory and/or injunctive relief, and/or any such other
relief the Court may deem appropriate.
The Defendants operated an unlawful compensation system that
deprived and failed to compensate Plaintiff and all other current
and former hourly-paid, non-exempt employees for all hours worked
and work performed each workweek, including at an overtime rate of
pay for each hour worked in excess of 40 hours in a workweek, by:
shaving time (via electronic timeclock rounding) from Plaintiff's
and all other hourly-paid, non-exempt employees' weekly timesheets
for pre-shift and post shift hours worked and/or work performed, to
the detriment of said employees and to the benefit of Defendants,
in violation of the FLSA and WWPCL; and failing to include all
forms of non-discretionary compensation, such as monetary bonuses,
incentives, awards, and/or other rewards and payments, in said
employees' regular rates of pay for overtime calculation purposes,
in violation of the FLSA and WWPCL.
The Defendants' failure to compensate its hourly paid, non-exempt
employees for compensable work performed each workweek, including
but not limited to at an overtime rate of pay, was intentional,
willful, and violated federal law as set forth in the FLSA and
state law as set forth in the WWPCL, says the complaint.
The Plaintiff was hired by the Defendants into the position of
Housekeeper working primarily at Defendants' "Franciscan Courts"
location.
Sisters of the Sorrowful Mother - Franciscan Courts, is an entity
or organization doing business in the State of Wisconsin.[BN]
The Plaintiff is represented by:
James A. Walcheske, Esq.
Scott S. Luzi, Esq.
David M. Potteiger, Esq.
WALCHESKE & LUZI, LLC
235 N. Executive Drive, Suite 240
Brookfield, WI 53005
Phone: (262) 780-1953
Fax: (262) 565-6469
Email: jwalcheske@walcheskeluzi.com
sluzi@walcheskeluzi.com
dpotteiger@walcheskeluzi.com
SIWANOY COUNTRY CLUB: Brown Sues Over Failure to Pay Wages
----------------------------------------------------------
Ann Pearlina Brown, Individually and on behalf of all other persons
similarly situated v. SIWANOY COUNTRY CLUB, INC., Case No.
7:23-cv-06399 (S.D.N.Y., July 24, 2023), is brought asserting that
Siwanoy Country Club willfully violated the New York Labor Law by
failing to pay the minimum wage, failing to pay overtime premium
pay, failing to pay the spread-of-hours pay; failing to provide the
N.Y. Lab. Law; and failing to provide the N.Y. Lab. Law wage
statements.
Siwanoy Country Club employed Plaintiff Brown as a Golf Caddy for
the 2020 golf season. While working as a Golf Caddy for Siwanoy
Country Club, Plaintiff Brown did not work at any other club during
its season. During the golf season at Siwanoy Country Club,
Plaintiff Brown normally worked Tuesday to Sunday and would
sometimes work on Mondays if there was a golf outing. During each
golf season at Siwanoy Country Club, Plaintiff Brown normally
arrived at the Club at 6:30 a.m. During each golf season at Siwanoy
Country Club, Plaintiff Brown normally left at the Club at 4:00
p.m., working 9.5 hours each day. For each week during each golf
season, Plaintiff Brown typically worked 57 hours (9.5 hours per
day x 6 days).
Siwanoy Country Club did not pay Plaintiff Brown any compensation
during her employment with the Club, not an hourly rate, salary or
any other form of compensation. The sole compensation Plaintiff
Brown received during her employment with Siwanoy Country Club came
from the golfers: the bag fees and tips. Siwanoy Country Club did
not pay Plaintiff Brown the statutory minimum wage. Siwanoy Country
Club did not pay Plaintiff Brown overtime premium pay. Siwanoy
Country Club did not pay Plaintiff Brown spread-of-hours pay.
Siwanoy Country Club did not provide Plaintiff Brown with any wage
statements. Siwanoy Country Club did not provide Plaintiff Brown
with the Notice and Acknowledgment of Payrate and Payday under N.Y.
Lab. Law, says the complaint.
The Plaintiff worked for Siwanoy Country Club as a Golf Caddy.
Siwanoy Country Club is a private golf club.[BN]
The Plaintiff is represented by:
Douglas B. Lipsky
LIPSKY LOWE LLP
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: 212.392.4772
Email: Doug@lipskylowe.com
STAR ENERGY: Dorsey Sues Over Unpaid Minimum Wages
--------------------------------------------------
Nathanial Dorsey, individually and behalf of similarly situated
current and/or former employees v. STAR ENERGY LOGISTICS, LLC, Case
No. 7:23-cv-00114 (W.D. Tex., July 20, 2023), is brought against
the Defendant seeking to recover unpaid minimum wages, three months
of back wages, liquidated damages, and attorneys' fees and costs
under the Fair Labor Standards Act of 1938 ("FLSA").
The Plaintiff's claims arise under the FLSA for unpaid minimum
wages. The FLSA defines appropriate pay deductions and sets
overtime pay, minimum wage, and recordkeeping requirements for
covered employers. The company knew or Star Energy Logistics
willfully showed a reckless disregard for whether its pay practices
were unlawful. Therefore, Plaintiff brings this action,
individually and behalf of similarly situated current and/or former
employees of Defendant to recover back wages, liquidated damages,
and attorneys' fees and costs, says the complaint.
The Plaintiff was employed by the Defendant from March 2023 to May
2023. Defendant hired Dorsey as a truck driver.
The Defendant is a registered trucking company that runs a freight
hauling business out of Odessa, Texas.[BN]
The Plaintiff is represented by:
Bridget Davidson, Esq.
SPACE CITY LAW FIRM
3603 Sierra Pines Drive
Houston, TX 77068
Phone: 713-397-6075
Fax: 713-583-1107
Email: bdavidson@spacecitylaw.com
STEVENS & COMPANY: Nishinaka Sues Over Unlawful Discrimination
--------------------------------------------------------------
Joanne Nishinaka, an individual and on behalf of similarly
aggrieved employees v. STEVENS & COMPANY, LLC D/B/A/ THE CHEF
AGENCY, a New York limited liability company; KAREN MYERS, an
individual and California Resident; STEVEN KAMALI, an individual
and New York resident; and DOES 1 through 20, inclusive, Case No.
23STCV17284 (Cal. Super. Ct., Los Angeles Cty., July 24, 2023), is
brought against the Defendants violations of the Government, the
California Fair Employment and Housing Act ("FEHA") with the
California Department of Fair Employment and Housing ("DFEH").
The Plaintiff filed this complaint for damages for discrimination,
retaliation, failure to prevent discrimination, harassment and
retaliation, failure to provide reasonable accommodations, failure
to engage in a good faith interactive process, violation of the
pregnancy disability leave law, wrongful termination,
misclassification of employee as "Independent Contractor," failure
to pay wages, failure to pay minimum wages, failure to pay overtime
compensation, failure to indemnify for necessary business expenses,
failure to provide meal and rest periods, failure to provide
itemized wage and hour statements, waiting time penalties, private
attorney general act, failure to permit inspection of personnel and
payroll records, unfair competition, says the complaint.
The Plaintiff was a resident of the County of Los Angeles, State of
California.
Stevens & Company, LLC d/b/a The Chef Agency (hereinafter referred
to as "TCA") was and is a New York Limited Liability Company doing
business in the County of Los Angeles, State of California..[BN]
The Plaintiff is represented by:
Samantha S. Bigonger, Esq.
BIGONGER & BIGONGER
4897 Main Street
Yorba Linda, CA 92886
Phone: (714) 777- 4477
Fax: (714) 777-1207
Email: samantha@bigongerlaw.com
- and -
Jessica P. Gomez, Esq.
LAW OFFICE OF JESSICA P. GOMEZ
14241 Firestone Blvd #400
La Mirada, CA 90638
Phone: (562) 228-0986
Fax: (562) 309-4152
Email: jessica@jgllawyers.com
SULTAN ALMUNTASER: Cortes Sues Over Unpaid Minimum, Overtime Wages
------------------------------------------------------------------
Juan Godinez Cortes, on behalf of themselves and all others
similarly situated v. SULTAN ALMUNTASER, 467 SANAA STAR INC, 467
STAR DELI INC., WOW STAR DELI INC., and NYC STAR DELI INC., Case
No. 1:23-cv-06268 (S.D.N.Y., July 20, 2023), is brought to recover
unpaid minimum and overtime wages, spread of hours, statutory and
liquidated damages, and other monies pursuant to the Fair Labor
Standards Act ("FLSA") and the New York Labor Law ("NYLL").
The Plaintiff's pay was delayed such that he was paid more than
seven days after each work week at times. From April 2022 to
December 15, 2022, the Plaintiff was paid $13.00 per hour worked.
The Plaintiff was not paid minimum wage for each hour worked. The
Plaintiff was not paid time and a half for the hours worked over 40
per week. From March 2022 to December 2022, the Plaintiff worked
six days per week, Monday through Saturday for 48 hours per week.
In addition to the Plaintiff's regular schedule, every two months,
the Plaintiff worked two additional shifts which lasted
approximately eight hours each, says the complaint.
The Plaintiff was employed as a deli worker at Star Deli.
The Defendants operates Star Deli located in New York City.[BN]
The Plaintiff is represented by:
Clifford Tucker, Esq.
SACO & FILLAS, LLP
31-19 Newtown Ave., 7th Floor.
Astoria, NY 11102
Phone: 718-269-2243
Email: CTucker@SaccoFillas.com
TEMASEK HOLDINGS: O'Keefe Sues Over SBF Assistance in Fraud
-----------------------------------------------------------
Connor O'Keefe, on behalf of himself and all others similarly
situated v. TEMASEK HOLDINGS (PRIVATE) LIMITED, RIBBIT CAPITAL,
L.P., & ALTIMETER CAPITAL MANAGEMENT, L.P., Case No. 3:23-cv-03655
(N.D. Cal., July 24, 2023), seeks damages for Defendants' knowing
and substantial assistance in furtherance of Sam Bankman-Fried's
(SBF) fraud.
This Action is a Related Action to the multidistrict litigation In
re: FTX Cryptocurrency Exchange Collapse Litigation. On November
11, 2022, the world learned what Defendants had long known. Sam
Bankman-Fried ("SBF") was a fraud. Through his cryptocurrency
exchange, FTX, SBF preyed on naive, young investors, persuading
them to deposit hard-earned monies into accounts on the exchange,
promising them the funds would be safe and gamer returns other
financial Institutions could not provide.
Both were lies. SBF was in fact running a Ponzi scheme, whereby he
took in FTX customer funds, transferred those funds to entities he
separately owned, and then spent the money on things of unmatched
luxury, including a Formula One team, beachfront property in The
Bahamas, expensive cars, and private jets. SBF swindled more than
$8 billion from FTX customers m this way.
Though FTX customers could not see that SBF was misappropriating
their deposits on vice, vanity, and speculative personal
investments, Defendants had full view Through diligence on FTX and
close ties with SBF, Defendants learned that FTX was operated as
SBF's personal piggy bank, that as quickly as FTX customer funds
flowed into FTX, they flowed back out to other entities SBF
separately owned or controlled, and that FTX lacked the most basic
internal controls, such that the enterprise was in fact a house of
cards. But Defendants did not care. They, too, had money to make in
the scheme, and their interests aligned with SBF's.
SBF's fraud relied on two objectives: first, to keep FTX customer
funds flowing into accounts on the exchange; second, to keep the
fraud concealed from the public eye. Defendants shared these
objectives, as each Defendant benefited from the steady, and
increasing, flow of customer funds into FTX accounts. Various
banks, where FTX held multiple accounts, benefited billion-dollar
increases in their low-cost deposit bases derived from FTX customer
funds.
The Defendant venture capitalists ("Defendant VCs"), who invested
more than $2 billion in FTX, benefited from the astronomical
valuation that increasing deposits generated for FTX, upon which
the value of Defendant VCs' stakes in the company astronomically
grew. Fenwick & West and the Accounting Firms, meanwhile, benefited
from the premium fees they could continue to extract for services
to FTX, paid for with FTX customer proceeds. SBF could not have
perpetuated the fraud without this assistance from Defendants, says
the complaint.
The Plaintiff held funds in both U.S. dollars and cryptocurrencies
in a yield-bearing account ("YBA," further defined herein) and/or
other account on the FTX platform.
Temasek Holdings (Private) Limited is a global commercial
investment company.[BN]
The Plaintiff is represented by:
Joseph R. Saveri, Esq.
Steven N. Williams, Esq.
Christopher K.L. Young, Esq.
Louis A. Kessler, Esq.
JOSEPH SAVERI LAW FIRM, LLP
601 California Street, Suite 1000
San Francisco, CA 94108
Phone: (415) 500-6800
Facsimile: (415) 395-9940
Email: jsaveri@saverilawfirm.com
swillliams@saverilawfirm.com
cyoung@saverilawfirm.com
lkessler@saverilawfirm.com
- and -
James R. Swanson, Esq.
Kerry J. Miller, Esq.
Benjamin D. Reichard, Esq.
C. Hogan Paschal, Esq.
Monica Bergeron, Esq.
FISHMAN HAYGOOD L.L.P.
201 St. Charles Avenue, 46th Floor
New Orleans, LA 70170-4600
Phone: (504) 586-5252
Facsimile: (504) 586-5250
Email: jswanson@fishmanhaygood.com
kmiller@fishmanhaygood.com
breichard@fishmanhaygood.com
hpaschal@fishmanhaygood.com
mbergeron@fishmanhaygood.com
THEO CHOCOLATE: Chocolate Contains Heavy Metals, Sobotka Suit Says
------------------------------------------------------------------
MARTA SOBOTKA, individually and on behalf of all others similarly
situated, Plaintiff v. THEO CHOCOLATE, INC., Defendant, Case No.
2:23-cv-05474 (E.D.N.Y., July 19, 2023) is a class action against
the Defendant for violation of the New York General Business Law,
breach of express warranty, and unjust enrichment.
The case arises from the Defendant's false, deceptive, and
misleading advertising, labeling, and marketing of its certain dark
chocolate products. The Defendant labels its products as "Pure" but
in reality, they contain significant levels of toxic heavy metals,
cadmium and lead. Had the Plaintiff known that the products
contained significant levels of toxic heavy metals, she would not
have purchased them, says the suit.
Theo Chocolate, Inc. is a manufacturer of chocolate products based
in Seattle, Washington. [BN]
The Plaintiff is represented by:
Michael J. Gabrielli, Esq.
GABRIELLI LEVITT LLP
2426 Eastchester Road, Suite 215
Bronx, NY 10469
Telephone: (718) 708-5322
Facsimile: (718) 708-5966
E-mail: michael.gabriellilaw.com
THEODORE J. BROMBACH: Ihle Sues Over Breach of Fiduciary Duties
---------------------------------------------------------------
Brad Ihle, individually and on behalf of all others similarly
situated v. THEODORE J. BROMBACH, PATRICK C. EILERS, JAMES P.
NYGAARD, JR., PAUL DABBAR, PAUL GAYNOR, COLLEEN SULLIVAN, SCOTT
WIDHAM, BENJAMIN W. ATKINS, JESSE PELTAN, XPDI SPONSOR LLC, AP XPDI
SPONSOR HOLDINGS, LLC, ENERGY & POWER TRANSITION PARTNERS, LLC
(N/K/A TRANSITION EQUITY PARTNERS, LLC), XMS XPDI SPONSOR HOLDINGS
LLC, and XMS CAPITAL PARTNERS, LLC, Case No. 2023-0759- (Del.
Chancery Ct., July 25, 2023), is brought asserting claims for
breach of fiduciary duty.
The Plaintiff on behalf of himself and all other similarly situated
current and former stockholders of Power & Digital Infrastructure
Acquisition Corp. ("P&D" or the "Company"), brings the following
Verified Stockholder Class Action Complaint (the "Complaint") in
connection with the business combination (the "Transaction")
between P&D and Core Scientific, Inc. ("Legacy Core Scientific"),
pursuant to an Agreement and Plan of Merger and Reorganization
dated July 20, 2021 (the "Merger Agreement").
The Plaintiff asserts claims for breach of fiduciary duty against
Defendants Brombach, Eilers, Nygaard, Dabbar, Gaynor, Sullivan,
Widham, Atkins, and Peltan in their capacities as directors and
officers of P&D. Plaintiff likewise asserts claims for breach of
fiduciary duty against XPDI Sponsor LLC ("Sponsor"), AP XPDI
Sponsor Holdings, LLC ("AP"), Energy & Power Transition Partners,
LLC (n/k/a Transition Equity Partners, LLC) ("EPTP"), XMS XPDI
Sponsor Holdings LLC ("XMS"), Brombach, Eilers, Atkins, and Peltan,
in their capacity as controllers of P&D prior to the Transaction.
Plaintiff also brings claims against XMS Capital Partners, LLC
("XMS Capital"), for aiding and abetting the other Defendants'
breaches of fiduciary duty.
When P&D went public as a special purpose acquisition company
("SPAC"), the Company's Form S-1 Registration Statement (the
"Prospectus") assured stockholders that the Company's Board of
Directors (the "Board") had a set of specific "Acquisition
Criteria" for evaluating a possible merger with an operating
company. Among these factors, the Board represented that it would
focus on target businesses with a "fundamentally sound financial
performance," "visibility into revenue and cash flow growth and
relatively predictable financial performance," "business attributes
and/or product offerings that provide us confidence on the
long-term profitability and outlook of the company," and "an
exemplary and accomplished management team with a proven track
record and complementary capabilities." As for an operating
industry, the Board advised that P&D would target businesses in the
"renewable and transition energy sector."
On July 20, 2021, P&D entered the "Merger Agreement" with Legacy
Core Scientific, which historically provided hosting services to
crypto mining operations.
When soliciting P&D stockholder support for the Transaction,
Defendants further represented that, post-Transaction, the Company
would experience staggering growth in both revenues and
profitability. In the financial projections set forth in the
Definitive Proxy Statement (the "Proxy") filed with the United
States Securities & Exchange Commission (the "SEC") and distributed
to P&D stockholders in advance of their vote on the Transaction,
Defendants included financial projections that forecasted growth in
total revenue from a reported $60.3 million in 2020 to an estimated
$493 million in 2021 and climbing up to $1.14 billion in 2022,
which would represent an eye-popping 19-fold increase in just two
years. Similarly, adjusted EBITDA was forecasted to increase from a
reported $6.1 million in 2020 to an estimated $203 million in 2021
and rising to $572 million in 2022, which equates to an even more
staggering 93-fold increase during that same two-year period.
Per the Proxy, P&D management ascribed, and recommended to the
Board, a pre-Transaction equity valuation for Legacy Core
Scientific of $4.0 billion based principally on these skyrocketing
projections, as well as financial analyses comparing Legacy Core
Scientific to established, vertically integrated crypto mining and
hosting companies. Defendants further advised that they had chosen
to abandon any PIPE financing for the Transaction--which is
commonplace in a SPAC merger--as a result of "the advantageous
position that the combined company would be in relative to many
SPACs due to both Core Scientific and Blockcap being cash flow
positive."
With these disclosures, P&D stockholders voted to approve the
Transaction, with a majority electing not to exercise their
redemption rights. However, almost immediately after the
Transaction closed on January 19, 2022, the truth began to emerge,
and these unambiguous representations were quickly shown to be
false and unsupportable. The Defendants affirmatively misled P&D
stockholders regarding material conflicts of interest affecting the
Transaction process, the financial merit of the Transaction, the
reasons P&D abandoned much-needed PIPE financing for the
Transaction, the achievability of Legacy Core Scientific's
projections, and other key information regarding its business.
As a result, P&D stockholders did not have the information
necessary to make a fully informed decision as to whether to redeem
their shares in connection with the Transaction because of these
misleading solicitations and disclosures. The Defendants'
self-interested and bad faith actions, including their intentional
misrepresentations and omissions of material facts, harmed
Plaintiff and the other P&D stockholders who did not redeem their
shares at $10.00 per share price, plus interest, in connection with
the Transaction. This action seeks damages for such injuries, says
the complaint.
The Plaintiff Brad Ihle acquired P&D stock on November 24, 2021.
Theodore J. Brombach was Chairman of P&D from the completion of the
initial public offering ("IPO") through the closing of the
Transaction.[BN]
The Plaintiff is represented by:
Joseph L. Christensen, Esq.
CHRISTENSEN & DOUGHERTY LLP
1000 N. West Street, Suite 1200
Wilmington, DE 19801
- and -
Justin O. Reliford, Esq.
SCOTT+SCOTT ATTORNEYS AT LAW LLP
The Helmsley Building
230 Park Avenue, 17th Floor
New York, NY 10169
- and -
D. Seamus Kaskela, Esq.
Adrienne Bell, Esq.
KASKELA LAW LLC
18 Campus Boulevard, Suite 100
Newtown Square, PA 19073
UNIVERSAL SERVICE: Leyva Files Suit in Cal. Super. Ct.
------------------------------------------------------
A class action lawsuit has been filed against Universal Service
Recycling Merced, Inc., et al. The case is styled as Jorge Leyva,
an individual on behalf of himself and all others similarly
situated v. Universal Service Recycling Merced, Inc., Universal
Service Recycling Nevada, LLC, Universal Service Recycling, Inc.,
Case No. STK-CV-UOE-2023-0007875 (Cal. Super. Ct., San Joaquin
Cty., July 26, 2023).
The case type is stated as "Unlimited Civil Other Employment."
Universal Service Recycling Inc. -- https://usrscrap.com/ -- is the
largest privately held metal recycler serving California's Central
Valley.[BN]
WAVEDIVISION HOLDINGS: Carr Files Suit in Cal. Super. Ct.
---------------------------------------------------------
A class action lawsuit has been filed against Wavedivision Holdings
LLC, et al. The case is styled as Albert Carr, on behalf of all
other similarly situated employees, Petitioner v. Wavedivision
Holdings LLC, OH WDH Holdco LLC, Does 1 to 100, Respondents, Case
No. 23CV005516 (Cal. Super. Ct., Sacramento Cty., July 26, 2023).
The case type is stated as "Other Employment Complaint Case."
WaveDivision Holdings LLC operates as a holding company. The
Company, through its subsidiaries, provides wireless Internet,
phone, and voice mail services.[BN]
WEST WING: Olejniczak Sues Over Unpaid Wages and Retained Tips
--------------------------------------------------------------
LACEY OLEJNICZAK, and KARINA CONTRERAS, on behalf of themselves and
all others similarly situated, Plaintiffs v. WEST WING LIVE, LLC,
d/b/a RADIUS, Defendant, Case No. 1:23-cv-04674 (N.D. Ill., July
19, 2023) is a class action against the Defendant for unpaid
minimum wages and illegally retained tips in violation of the Fair
Labor Standards Act, the Illinois Minimum Wage Law, the Illinois
Wage Payment and Collection Act, and the Chicago Minimum Wage
Ordinance.
Lacey Olejniczak and Karina Contreras worked as bartenders at
Radius from approximately July 2021 to August 2022 and from
approximately August 2021 to June 2022, respectively.
West Wing Live, LLC, doing business as Radius, is an owner and
operator of a multi-purpose event space at 640 W. Cermak Road in
Chicago, Illinois. [BN]
The Plaintiffs are represented by:
Christopher J. Wilmes, Esq.
Caryn C. Lederer, Esq.
Karen Villagomez, Esq.
HUGHES, SOCOL, PIERS, RESNICK & DYM, LTD.
70 West Madison Street, Suite 4000
Chicago, IL 60602
Telephone: (312) 580-0100
E-mail: cwilmes@hsplegal.com
clederer@hsplegal.com
kvillagomez@hsplegal.com
WORKIT HEALTH: Faces Doe Suit Over Disclosure of Personal Info
--------------------------------------------------------------
JANE DOE 1, and JANE DOE 2, on behalf of themselves and all others
similarly situated, Plaintiffs v. WORKIT HEALTH, INC. Defendant,
Case No. 2:23-cv-11691-LVP-DRG (E.D. Mich., July 14, 2023) seeks to
address Defendant's alleged illegal and widespread practice of
disclosing Plaintiffs' and Class Members' confidential and
personally identifiable information and protected health
information to third parties, including Meta Platforms, Inc. d/b/a
Facebook and other third parties, without Plaintiffs' knowledge or
consent.
According to the complaint, the Plaintiffs and Class Members who
visited and used Defendant's Website,
https://www.workithealth.com/, understandably thought they were
communicating confidential private information with only trusted
healthcare providers. However, unbeknownst to Plaintiffs and Class
Members, the Defendant had embedded an undetectable tracking Meta
Pixel on its Website, which automatically transmits to Facebook
every click, keystroke and intimate detail about their private
information, medical symptoms, conditions and treatments, and
disclosed it to Facebook. Also unbeknownst to Plaintiffs and Class
Members, Defendant also embedded an undetectable code analytics
tool called Google Analytics on its Website, which automatically
collected user information and tracked their activities on
Defendant's Website, including Plaintiffs' private medical
information, and disclosed it to Google, says the suit.
As a result, Plaintiffs and Class Members have allegedly suffered
numerous injuries and damages, including but not limited to: (i)
invasion of privacy; (ii) loss of confidentiality; (iii) being
subjected to unsolicited and unwanted advertisements targeting them
because of Defendant's unlawful conduct; (iv) loss of benefit of
the bargain; (v) diminution of value of the private information;
(vi) emotional distress; (vii) loss of property interest in their
personal data; (viii) nominal damages; (ix) punitive damages;
and/or (x) statutory damages.
Workit Health Inc. provides online medication-assisted treatment
for opioid, alcohol, and stimulant addictions.[BN]
The Plaintiffs are represented by:
Nicholas A. Coulson, Esq.
Steven D. Liddle, Esq.
Matthew Z. Robb, Esq.
LIDDLE SHEETS COULSON P.C.
975 East Jefferson Avenue
Detroit, MI 48207-3101
Telephone: (313) 392-0015
Facsimile: (313) 392-0025
E-mail: sliddle@lsccounsel.com
ncoulson@lsccounsel.com
mrobb@lsccounsel.com
- and -
David S. Almeida, Esq.
Elena A. Belov, Esq.
ALMEIDA LAW GROUP LLC
849 W. Webster Avenue
Chicago, IL 60614
Telephone: (312) 576-3024
E-mail: david@almeidalawgroup.com
elena@almeidalawgroup.com
WOW RESTAURANT: Chen Sues Over Fraudulent Tax Information Forms
---------------------------------------------------------------
YANHONG CHEN and LUTONG YANG, on behalf of themselves and others
similarly situated, Plaintiffs v. WOW RESTAURANT TH LLC d/b/a Yaki
Sushi Grill BBQ and TRINH HUYNH, Defendants, Case No. 8:23-cv-01602
(M.D. Fla., July 17, 2023) is a class action for damages under the
Internal Revenue Code because Defendants willfully filed fraudulent
tax information forms with the Internal Revenue Service.
According to the complaint, the Defendants willfully filed
fraudulent information returns with respect to payments purported
to be made to Plaintiffs and the IRC Class. These information
returns falsely stated that taxable income was received by
Plaintiffs and the IRC Class in the form of wages and/or tips that
were never actually paid. As a result, Plaintiffs and the IRC Class
suffered increased tax liability, says the suit.
Plaintiff Chen was employed by Defendants to work in various
positions at Yaki Sushi Grill BBQ from about August 1, 2020 through
about April 30, 2022: from about August 1, 2020 through about
December 31, 2020 as a waitress; from about January 1, 2021 through
about November 30, 2021 as a miscellaneous kitchen helper about
four days per week and as a waitress about three days per week; and
from about December 1, 2021 through about April 30, 2022 as hostess
and cashier.
Plaintiff Yang was employed by Defendants to work in various
positions at Yaki Sushi Grill BBQ from about July 1, 2019 through
about April 30, 2022: from about July 1, 2019 through about January
31, 2020 to help with renovation prior to opening; and from about
February 1, 2020 through about April 30, 2022 as a sushi chef.
WOW RESTAURANT TH LLC, d/b/a Yaki Sushi Grill BBQ, is a Japanese
barbeque restaurant based in Florida.[BN]
The Plaintiffs are represented by:
Locksley O. Wade, Esq.
LAW OFFICE OF LOCKSLEY O. WADE
11 Broadway Suite 615
New York, NY 10004
Telephone: (212) 933-9180
Facsimile: (212) 933-9181
E-mail: wade@wadefirm.com
- and -
John Troy, Esq.
Aaron B. Schweitzer, Esq.
Tiffany Troy, Esq.
TROY LAW, PLLC
41-25 Kissena Boulevard, Suite 110
Flushing, NY 11355
Telephone: (718) 762-1324
Facsimile: (718) 762-1342
E-mail: troylaw@troypllc.com
WPB J. AUTOMOTIVE: Berman Files TCPA Suit in S.D. Florida
---------------------------------------------------------
A class action lawsuit has been filed against WPB J. Automotive
Management, LLC. The case is styled as Christopher Berman,
individually and on behalf of all others similarly situated v. WPB
J Automotive Management, LLC doing business as: Arrigo Chrysler
Dodge Jeep Ram of West Palm Beach, Case No. 0:23-cv-61417-XXXX
(N.D. Cal., July 25, 2023).
The lawsuit is brought over alleged violation of the Telephone
Consumer Protection Act for Restrictions of Use of Telephone
Equipment.
Wpb J. Automotive Management, LLC is a Florida limited liability
company based in Tampa.[BN]
The Plaintiff is represented by:
Scott Adam Edelsberg, Esq.
EDELSBERG LAW
1925 Century Park East, Suite 1700
Los Angeles, CA 90067
Phone: (305) 975-3320
Email: scott@edelsberglaw.com
YOLO OUTLET: Elmeligy Sues Over Unlawful Labor Practices
--------------------------------------------------------
ABDELRAHMAN ELMELIGY, individually and on behalf of all others
similarly situated, Plaintiff v. YOLO OUTLET CORP. d/b/a YOLO SMOKE
SHOP d/b/a YOLO SMOKE CITY, JOHN DOE CORPORATIONS 1-30, ISMAIL
SALEH, individually, YASER HUMAIDI, individually, NADER ALBAHRI,
individually, OMER ALBAHRI, individually, and ABDELRAHMAN EL SAIDEI
individually, Defendants, Case No. 1:23-cv-05419 (E.D.N.Y., July
17, 2023) arises from the Defendants' violations of the Fair Labor
Standards Act, the New York Labor Law and the New York Codes,
Rules, and Regulations, Title VII of the Civil Rights Act of 1964,
the New York State Executive Law, and the New York City
Administrative Code.
This is a civil action for damages and equitable relief based upon
violations that Defendants committed of Plaintiff's rights
guaranteed to him by: (i) the overtime provisions of the FLSA; (ii)
the overtime provisions of the NYLL and Regulations; (iii) the
NYLL's requirement that employers furnish employees with wage
statements containing specific categories of accurate information
on each payday; (iv) the NYLL's requirement that employers furnish
employees with a wage notice upon hire containing specific
categories of accurate information; (v) the national origin
discrimination provisions of the Civil Rights Act; (vii) the
national origin discrimination provisions of the NYSHRL; (viii) the
national origin discrimination provisions of NYCAC; and (ix) any
other claim(s) that can be inferred from the facts set forth
herein.
The Plaintiff was employed by the Defendants as a retail clerk from
August 5, 2022 to June 19, 2023.
Yolo Outlet Corp., d/b/a Yolo Smoke Shop d/b/a Yolo Smoke City, is
a New York corporation with its principal place of business located
at 1212 Lexington Avenue.[BN]
The Plaintiff is represented by:
Victoria Spagnolo, Esq.
BOOK LAW, LLP
7 Times Square, 19th Floor
New York, NY 10036
Telephone: (212) 244-0344
E-mail: VSpagnolo@BookLawLLP.com
*********
S U B S C R I P T I O N I N F O R M A T I O N
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